Commission Regulation (EC) No 1043/98 of 19 May 1998 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening (1 July 1998 to 30 June 1999)
Date: 1998-05-19
Institutions: European Commission
Subjects: cattle, fattening, import, import licence, tariff quota

20. 5. 98

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Official Journal of the European Communities

L 149/7

COMMISSION REGULATION (EC) No 1043/98

of 19 May 1998

opening and providing for the administration of an import tariff quota for
young male bovine animals for fattening (1 July 1998 to 30 June 1999)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions
set out in schedule CXL drawn up in the wake of the
conclusion of the GATT XXIV.6 negotiations (1), and in
particular Article 1(1) thereof,

Whereas under schedule CXL the Community undertook
to open an annual import tariff quota of 169 000 head of
young male bovine animals for fattening; whereas the
that quota should be es-
rules for the application of
tablished for the period 1 July 1998 to 30 June 1999;

Whereas the supply requirements of certain regions of the
Community which have a serious shortfall of bovine
animals
fattening should be taken into account;
whereas, as those requirements are apparent particularly
in Italy and Greece, priority should be given to satisfying
demand in those two Member States;

for

Whereas a method of management should be applied
which is comparable to that used in the past for corres-
ponding quotas, involving, in particular, a continuation of
the method of allocation between traditional importers
and traders furnishing proof of active involvement
in
trade in live animals with third countries;

Whereas it should be stipulated that the arrangements are
to be managed using import licences; whereas to that end
rules should be laid down on submission of applications
and the information to be given on applications and
licences, where applicable by way of derogation from
certain provisions of Commission Regulation (EEC) No
3719/88 of 16 November 1988 laying down common
detailed rules for the application of the system of import
and export licences and advance fixing certificates for
certain agricultural products (2), as last amended by Regu-
lation (EC) No 1033/98 (3), and of Commission Regula-
tion (EC) No 1445/95 of 26 June 1995 on rules of appli-
cation for import and export licences in the beef and veal
sector and repealing Regulation (EEC) No 2377/80 (4), as
last amended by Regulation (EC) No 759/98 (5);

Whereas the application of this tariff quota requires strict
surveillance of imports and effective checks as to their use

(1) OJ L 146, 20. 6. 1996, p. 1.
(2) OJ L 331, 2. 12. 1988, p. 1.
(3) OJ L 148, 19. 5. 1998, p. 4.
(4) OJ L 143, 27. 6. 1995, p. 35.
(5) OJ L 105, 4. 4. 1998, p. 7.

and destination; whereas, therefore, importation must take
place into the Member State which issued the import
licence;

Whereas so that to the destination can be checked, provi-
sion should be made for imported animals to be identi-
fied in accordance with Council Regulation (EC) No
820/97 of 21 April 1997 establishing a system for the
identification and registration of bovine animals and
regarding the labelling of beef and beef products (6);

Whereas a security should be lodged in order to guarantee
that the animals are fattened for at least 120 days in desig-
nated production units; whereas the amount of the se-
curity should be fixed taking into account the difference
between the customs duties applicable inside and outside
the quota;

Whereas the Management Committee for Beef and Veal
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1.
A tariff quota of 169 000 head of live male bovine
animals falling within CN code 0102 90 05, 0102 90 29 or
0102 90 49 and intended for fattening in the Community
is hereby opened for the period 1 July 1998 to 30 June
1999.

The order number of the quota shall be 09.4005.

The customs import duty to apply for the quota
2.
referred to in paragraph 1 shall be ECU 582 per tonne
plus 16 % ad valorem.

Application of these rates of duty shall be conditional
in the
upon the fattening of
Member State of importation for a period of at least 120
days.

the imported animals

The conversion rate for the duty expressed in ecus shall
be the agricultural conversion rate applicable on the day
of importation.

For the purpose of

3.
the day of
importation is the day of acceptance of the declaration of
release for free circulation.

this Regulation,

(6) OJ L 117, 7. 5. 1997, p. 1.

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Article 2

Article 3

The quantities referred to in Article 1(1) shall be
importation into the following Member

1.
allocated for
States:

1.
Traders who were no longer engaged in trade in live
bovine animals on 1 June 1998 shall not qualify for the
arrangements provided for in this Regulation.

(a) Italy:

(b) Greece:

143 650 head;

21 970 head;

(c) other Member States:

3 380 head.

2.
Companies arising from mergers where each con-
stituent part has rights pursuant to the first subparagraph
of Article 2(2) shall enjoy the same rights as the com-
panies from which they are formed.

2. Within each of the quantities referred to in para-
graph 1(a) and (b), import rights relating to:

Article 4

— 80 % of the quantity shall be allocated upon applica-
tion directly to importers who furnish proof of having
imported animals under the regulations referred to in
the Annex during the last three calendar years; the
number of head shall be allocated in proportion to the
number of head imported in the
years
concerned,

three

— 20 % of the quantities shall be allocated upon appli-
cation directly to traders who furnish proof that in
1997 they exported to and/or imported from third
countries at least 50 live animals falling witin CN
code 0102 90, excluding imports under the regulations
referred to in the Annex.

Applications for import rights shall be presented:

— in Italy for the quantities referred to in paragraph 1(a),

— in Greece for the quantities referred to in paragraph

1(b).

3.
The quantities referred to in paragraph 1(c) shall be
allocated upon application to traders who furnish proof
that in 1997 they exported to and/or imported from third
countries at least 50 live animals falling within CN code
0102 90.

Applications for import rights shall be presented in the
Member State, other than Italy and Greece, where the
applicant
is entered on the national value added tax
register.

1.
An application for import rights shall be valid only
if its is lodged by a trader who is entered on a national
value added tax register.

Applications for import rights shall not exceed the

2.
number of head available.

Where, under any one category referred to in Article 2(2)
and (3), an applicant submits more than one application,
all such applications shall be rejected.

3.
For the purposes of Article 2(2) and (3), applications
accompanied by the necessary proofs must reach the
competent authorities not later than 15 June 1998.

4.
As regards applications pursuant to Article 2(3), after
verification of the documents, presented, Member States
shall forward to the Commsision by 24 June 1998 at the
latest a list of applications and quantities applied for.

The Commission shall decide as soon as possible to what
extent applications may be accepted. Where the quant-
ities applied for exceed the quantities available,
the
Commission shall reduce the quantities applied for by a
fixed percentage.

Article 5

Any import of animals for which import rights have
to presentation of an

1.
been allocated shall be subject
import licence.

4.
The quantities referred to in the second indent of
the first subparagraph 2 and in paragraph 3 shall be al-
located to each eligible operator in proportion to the
quantities applied for.

2.
The provisions of Regulations (EEC) No 3719/88
and (EC) No 1445/95 shall apply, subject to the provi-
sions of this Regulation.

Proof of

5.
import and/or export shall be provided
solely by means of customs documents of release for free
circulation or export documents.

3.

Licence applications may be lodged solely:

— in the Member State where the application for import

rights was lodged, and

Member States may accept copies of those documents
duly certified by the competent authorities.

— by the traders to whom import rights have been al-

located in accordance with Articles 2 and 4.

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4.
Licences shall be issued up to 31 December 1998
for a maximum of 50 % of the allocated import rights.
Import
licences for the remaining quantities shall be
issued from 2 January 1999.

5.

Licence applications and licences shall contain:

(a) in Section 8, the country of origin;

(b) in Section 16, one of the eligible CN codes;

(c) in Section 20, the following particulars:

‘Live male bovine animals of a live weight not ex-
ceeding 300 kg per head (Regulation (EC) No
1043/98). Licence valid in . . . (Member State issuing
the licence)’.

(a) have been fattened on the farm or farms indicated

pursuant to paragraph 2;

(b) have not been slaughtered before the expiry of a
period of 120 days from the date of importation;
or

(c) have been slaughtered before the expiry of that period
for health reasons or have died as a result of sickness
or accident.

The security shall be released immediately after such
proof has been furnished.

However, where the time limit referred to in paragraph 2
has not been observed, the amount of the security to be
released shall be reduced by:

— 15 %, and by

Article 6

— 2 % of the remaining amount for each day by which

it has been exceeded.

Import licences issued pursuant to this Regulation
issue.

1.
shall be valid for 90 days from their date of
However, no licences shall be valid after 30 June 1999.

Article 8(4) of Regulation (EEC) No 3719/88 shall

2.
not be applicable.

The amount not released shall be forfeited and retained as
customs duty.

If

the proof

5.
referred to in paragraph 4 is not
furnished within 180 days from the date of importation,
the security shall be forfeited and retained as customs
duty.

Article 7

The animals concerned shall be imported into the

1.
Member State issuing the import licence.

2.
At the time of importation, the importer shall give a
written undertaking to inform the competent authority
within one month of the farm or farms where the young
animals are to be fattened.

3.
At the time of importation, a security of ECU 523
per tonne shall be lodged with the competent authority
guaranteeing that the animals imported will be fattened
in the importing Member State for a period of at least 120
days from the date of importation.

Except in cases of force majeure, the security shall
4.
be released only if proof is furnished to the competent
authority of the importing Member State that the young
bovine animals:

However, if such proof has not been furnished within 180
days but is produced within six months following the said
period of 180 days, the amount forfeited, less 15 % of the
security amount, shall be repaid.

Article 8

All animals imported pursuant to this Regulation
1.
shall be identified in accordance with Regulation (EC) No
820/97.

2.
Such identification must indicate the date on which
the animal was released for free circulation and the iden-
tity of the importer.

Article 9

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 19 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

Regulations referred to in Article 2(2)

Commission Regulations:

— (EC) No 3171/94 (OJ L 335, 23.12.1994, p. 47),

— (EC) No 692/95 (OJ L 71, 31.3.1995, p. 48),

— (EC) No 1462/95 (OJ L 144, 28.6.1995, p. 6),

— (EC) No 1119/96 (OJ L 149, 22.6.1996, p. 4),

— (EC) No 1376/97 (OJ L 189, 18.7.1997, p. 3).