Commission Regulation (EC) No 1143/98 of 2 June 1998 laying down detailed rules for a tariff quota for cows and heifers of specified mountain breeds originating in various third countries, other than for slaughter, and amending Regulation (EC) No 1012/98
Date: 1998-06-02
Institutions: European Commission
Subjects: CCT duties, cow, heifer, import, tariff quota, third country

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1143/98

of 2 June 1998

laying down detailed rules for a tariff quota for cows and heifers of specified
mountain breeds originating in various third countries, other than for slaughter,
and amending Regulation (EC) No 1012/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

body threaten to restrict access by importers to this part
of the quota; whereas there should be provision to correct
any harm caused;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3066/95 of
22 December 1995 establishing certain concessions in the
form of Community tariff quotas for certain agricultural
products and providing for the adjustment, as an auto-
nomous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreements to
take account of the Agreement on agriculture concluded
during the Uruguay Round of multilateral trade negoti-
ations (1),
amended by Regulation (EC) No
1595/97 (2), and in particular Article 8 thereof,

last

as

Having regard to Council Regulation (EC) No 1926/96 of
7 October 1996 establishing certain concessions in the
form of Community tariff quotas for certain agricultural
products and providing for the adjustment, as an autono-
mous and transitional measure, of certain agricultural
concessions provided for in the agreements on free trade
and trade-related matters with Estonia, Latvia and Lithu-
ania, to take account of the Agreement on agriculture
concluded during the Uruguay Round of multilateral
trade negotiations (3), and in particular Article 5 thereof,

Whereas Regulation (EC) No 3066/95 provides for the
opening of a tariff quota for an annual quantity of 7 000
cows and heifers of specified mountain breeds originating
in Hungary, Poland,
the Czech Republic, Slovakia,
Bulgaria, Romania, Lithuania, Latvia and Estonia at a
customs duty of 6 % ad valorem; whereas that quota
should be opened on a multiannual basis for periods of
12 months commencing on 1 July (hereinafter referred to
as ‘the year of import’) and the detailed rules of applica-
tion laid down;

Whereas experience has shown that limiting imports may
lead to speculative import licence applications; whereas,
in order to ensure that the planned measures function
properly,
the quantities available
should be allocated to ‘traditional’ importers of cows and
heifers of specified mountain breeds; whereas in certain
cases administrative errors by the competent national

the greater part of

Whereas, in order to avoid forcing trade relations in this
product group into an excessively rigid mould, a second
tranche should be made available to traders who are able
to show that they are engaged in genuine trade of some
scale with third countries; whereas, in this connection and
in order
the trader
to ensure efficient management,
concerned must be required to have imported at least 15
head during the 12 months preceding the year of import
in question; whereas a batch of 15 animals in principle
constitutes a normal load and experience shows that the
sale or purchase of a single batch is a minimum require-
ment
for a transaction to be considered genuine and
viable;

Whereas verification of these criteria requires all applica-
tions to be submitted in the Member State where the
importer is registered for VAT purposes;

Whereas in order to prevent speculation, traders no longer
engaged in trade in beef and veal at 1 July of the year of
import in question should be denied access to the quota;

Whereas provision should be made for the system to be
administered by means of import licences; whereas to that
end detailed rules for the submission of applications and
the information which should appear in applications and
licences should be laid down, if necessary by way of de-
rogation from certain provisions of Commission Regula-
tion (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 agricultural products (4), as last amended by
Regulation (EC) No 1044/98 (5), and 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 (6), as
last amended by Regulation (EC) No 759/98 (7); whereas,
moreover, provision should be made for the licences to be
issued after a period of consideration and subject where
necessary to a uniform percentage reduction;

(1) OJ L 328, 30. 12. 1995, p. 31.
(2) OJ L 216, 8. 8. 1997, p. 1.
(3) OJ L 254, 8. 10. 1996, p. 1.

(4) OJ L 331, 2. 12. 1988, p. 1.
(5) OJ L 149, 20. 5. 1998, p. 11.
(6) OJ L 143, 27. 6. 1995, p. 35.
(7) OJ L 105, 4. 4. 1998, p. 7.

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Whereas, so that 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 (1);

Whereas this amount does not cover the whole of the
customs debt in the case of non-compliance with the
obligations relating to this quota; whereas the amount of
the security should therefore be adjusted to reflect the
difference between the CCT duties and the reduced
duties;

for customs

Whereas Article 82 of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (2), as last amended by Regulation (EC) No
82/97 (3), provides
supervision of goods
released for free circulation at a reduced rate on account
of their end-use; whereas the animals imported should be
monitored to ensure they are not slaughtered during a
certain period; whereas, to ensure that slaughter does not
take place, a security should be required to cover the
difference between the duties under
the Common
Customs Tariff (CCT) and the reduced duties applicable
when the animals in question were entered for free circu-
lation;

Whereas Article 7(2) of Commission Regulation (EC) No
1012/98 of 14 May 1998 opening and providing for the
management of tariff quotas for the import of bulls, cows
and heifers, other than for slaughter, of certain alpine and
mountain breeds (4) states that, in order to comply with
the ban on slaughter of the imported animals within a
to the specific
certain period, a security equivalent
amount of the CCT customs duties should be provided;

Whereas in certain cases administrative errors by the
competent national body threaten to restrict access by
traditional importers to the part of the quota covered by
the above Regulation; whereas there should therefore be
provision to correct any harm caused;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The following tariff quota is hereby opened on a
multiannual basis for periods from 1 July to 30 June of
the following year (hereinafter referred to as ‘the year of
import’), for animals originating in the third countries
listed in Annex I.

Serial
No

CN code
(1)

Description

09.4563

ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69

and heifers other

than for
Cows
slaughter of
the following mountain
breeds: grey, brown, yellow, mottled
Simmental and Pinzgau

(1) For Taric codes: see Annex II.

Quota
volume
(head)

7 000

Customs
duty

6 %
ad valorem

2.
For the purposes of this Regulation, the animals
referred to in paragraph 1 shall be deemed to be not for
slaughter where they are not slaughtered within four
months of the date of acceptance of the declaration of
release for free circulation.

Derogations may, however, be granted in duly proven
cases of force majeure.

Article 2

having imported animals under the quota for serial
No 09.4563 during the 36 months preceding the year
of import in question.

Without prejudice to the first
the
Member States may accept as the reference quantity
import rights for the year of import which were not
allocated because of an administrative error by the
competent national body.

subparagraph,

1.
The quota referred to in Article 1(1) shall be divided
into two parts of 80 %, i.e. 5 600 head, and 20 %, i.e.
1 400 head, respectively.

(a) The first part, equal to 80 %, shall be allocated among
importers in the Community who can furnish proof of

(b) The second part, equal to 20 %, shall be allocated
among importers who can furnish proof of having
imported from third countries during the 12 months
preceding the year of import in question at least 15
live bovine animals falling within CN code 0102.

(1) OJ L 117, 7. 5. 1997, p. 1.
(2) OJ L 302, 19. 10. 1992, p. 1.
(3) OJ L 17, 21. 1. 1997, p. 1.
(4) OJ L 145, 15. 5. 1998, p. 13.

Importers must be entered in a national VAT register.

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2.
The first part of the quota shall be allocated among
importers on the basis of their applications for import
rights
imports of animals as
referred to in paragraph 1(a) during the period stated in
that subparagraph.

in proportion to their

The second part of

3.
the quota shall be allocated
among importers as referred to in paragraph 1(b) on the
basis of their applications for import rights in proportion
to the quantities applied for.

Import right applications must relate to:

— at least 15 head, and

— no more than 50 head.

Licence applications relating to more than 50 head shall
be automatically reduced to that number.

4.
Proof of import shall be provided exclusively by
means of the customs document of release for free circu-
lation duly stamped by the customs authorities.

Member States may accept copies of the above docu-
ments, duly certified by the issuing authority, if applicants
can prove to the satisfaction of the competent authority
that they were not able to obtain the original document.

Article 3

1.
Importers who on 1 July of the year of import in
question were no longer engaged in any activity in the
beef and veal sector shall not qualify for an allocation
pursuant to Article 2(1)(a).

2.
Any company formed by the merger of companies
each having rights pursuant to Article 2(2) shall benefit
from the same rights as the companies from which it has
been formed.

After verification of the documents presented, Member
States shall forward to the Commission, by the seventh
working day following the end of
the period for the
submission of applications at the latest, the list of impor-
the acceptance conditions, showing in
ters who meet
particular their names and addresses and the number of
eligible animals imported during the period referred to in
Article 2(2).

4.
For the purposes of Article 2(1)(b), applications for
import rights must be lodged by importers by 10 July of
each year of import at the latest, together with the proof
referred to in Article 2(4).

After verification of the documents presented, Member
States shall forward to the Commission, by the seventh
working day following the end of
the period for the
submission of applications at the latest, the list of appli-
cants and the quantities requested.

5.
All notifications, including notifications of nil appli-
cations, shall be made by telex or fax, drawn up on the
basis of the specimens in Annexes III and IV in the case
where applications have in fact been lodged.

Article 5

The Commission shall decide to what extent appli-

1.
cations may be accepted.

2.
As regards the applications referred to in Article 4(4),
if the quantities in respect of which applications are made
exceed the quantities available,
the Commission shall
reduce the quantities applied for by a fixed percentage.

If the reduction referred to in the preceding subparagraph
results in a quantity of less than 15 head per application,
the allocation shall be made by drawing lots, by batches
of 15 head, by the Member States concerned. If the re-
maining quantity is less than 15 head, that quantity shall
constitute a single batch.

Article 4

Article 6

An application for import rights may be submitted
is

1.
only in the Member State in which the applicant
entered in the national VAT register.

Imports of the quantities allocated shall be subject

1.
to presentation of an import licence.

2.
An applicant may submit only one application and
that application shall relate to only one part of the quota.

2.
Licence applications may be submitted only to the
competent authorities in the Member State where the
applicant is entered in the national VAT register.

Where an applicant submits more than one application,
all applications from that person shall be considered
invalid.

3.
For the purposes of Article 2(1)(a), importers shall
the applications for the import rights to the
present
competent authorities together with the proof referred to
in Article 2(4) by 10 July of each year of import at the
latest.

3.
Upon notification of allocation from the Commis-
sion, import licences shall be issued at the earliest oppor-
tunity at the request and in the name of importers who
have obtained import rights.

4.
Import licences shall be valid for 90 days from their
date of issue. However, they shall expire no later than 30
June following the date of issue.

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Licences

5.
Community.

issued shall be valid throughout

the

6. Without prejudice to this Regulation, Regulations
(EEC) No 3719/88 and (EC) No 1445/95 shall apply.

However, Article 8(4) of Regulation (EEC) No 3719/88
shall not apply.

— Akpij ˜er jai oqes˜ibier vuk ˜er [jamomisl ˜or (EJ)

aqih. 1143/98],

˜etor eisacyc ˜gr . . . .

— Alpine and mountain breeds (Regulation (EC) No

1143/98), Year of import . . . .

— Races alpines et de montagne [règlement (CE) no

1143/98], année d’importation:

. . . .

— Razze alpine e di montagna [regolamento (CE) n.

1143/98], anno d’importazione . . . .

— Bergrassen (Verordening (EG) nr. 1143/98), jaar van

Article 7

invoer:

. . . .

1.
Checks to ensure that the animals imported are not
slaughtered in the four months following their release
into free circulation shall be conducted in accordance
with Article 82 of Regulation (EEC) No 2913/92.

2.
All animals imported under this Regulation shall be
identified in accordance with Regulation (EC) No 820/97.

3.
Such identification must indicate the date on which
the animal was released for free circulation and the iden-
tity of the importer.

4.
In order to ensure compliance with the obligation
not to slaughter the animals referred to in paragraph 1
and to ensure collection of duties not received where that
obligation is not complied with, a security shall be lodged
with the competent customs authorities. The amount of
that security shall be the difference between the customs
duties laid down in the Common Customs Tariff and the
duties referred to in Article 1(1) applicable on the date
when the animals are entered for free circulation.

Such securities shall be released immediately where proof
is furnished to the customs authorities concerned to the
effect that the animals:

(a) have not been slaughtered within four months of the

date of their release for free circulation; or

(b) have been slaughtered within that time for reasons of
force majeure or for health reasons or have died as a
result of disease or an accident.

Article 8

Licence applications and licences shall contain the fol-
lowing entries:

(a) in box 8, the name of one or more of the countries
listed in Annex I; licences shall carry an obligation to
import from one or more of the countries indicated;

(b) in box 16, the CN codes set out in Annex II;

(c) in box 20, one of the following:

— Razas alpinas y de monta ˜na [Reglamento (CE) no

1143/98], a ˜no de importación . . . .

— Alpine racer og bjergracer (forordning (EF) nr.

1143/98), importår . . . .

— Höhenrassen (Verordnung (EG) Nr. 1143/98),

— Raças alpinas e de montanha [Regulamento (CE)

nº 1143/98], ano de importaç˜ao . . . .

— Alppi- ja vuoristorotuja [Asetus (EY) N:o 1143/98],

tuontivuosi . . . .

— Alp- och bergraser (förordning (EG) nr 1143/98),

importår . . . .

Article 9

The imported animals shall qualify for the duties referred
to in Article 1 on presentation of an EUR.1 movement
certificate issued by the exporting country in accordance
with Protocol 4 annexed to the Europe Agreements and
Protocol 3 annexed to the Free Trade Agreements or a
declaration by the exporter in accordance with the said
Protocols.

Article 10

Regulation (EC) No 1012/98 is amended as follows:

1. The following subparagraph is added to point (a) of

Article 2(1):

‘Without prejudice to the first
the
Member States may accept as the reference quantity
import rights for the previous year of import which
were not allocated because of an administrative error
by the competent national body.’

subparagraph,

2. Article 7(2) is replaced by the following:

‘2.
In order to ensure compliance with the obliga-
tion not to slaughter the animals referred to in para-
graph 1 and to ensure collection of duties not received
where that obligation is not complied with, a security
shall be lodged with the competent customs author-
ities. The amount of that security shall be the dif-
ference between the customs duties laid down in the
Common Customs Tariff and the duties referred to in
Article 1(1) applicable on the date when the animals
are entered for free circulation.’

Article 11

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

Einfuhrjahr:

. . . .

It shall apply from 1 July 1998.

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

Done at Brussels, 2 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

List of third countries

— Hungary
— Poland
— Czech Republic
— Slovakia
— Romania
— Bulgaria
— Lithuania
— Latvia
— Estonia

ANNEX II

TARIC codes

CN codes

TARIC codes

ex 0102 90 05

ex 0102 90 29

ex 0102 90 49

ex 0102 90 59

ex 0102 90 69

0102 90 05 * 20
* 40

0102 90 29 * 20
* 40
0102 90 49 * 20
* 40
0102 90 59 * 11
* 19
* 31
* 39
0102 90 69 * 10
* 30

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ANNEX III

EC Fax No (32-2) 296 60 27/(32-2) 295 36 13

Application of Article 4(3) of Regulation (EC) No 1143/98

COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT RIGHTS APPLICATION

Date: .............................................................................. Period: ..............................................................................

Member State: ...........................................................................................................................................................

Number of applicant (1)

Applicant (name and address)

Quantity (head) imported from
to

Total

Member State: Fax No:

.....................................................

Tel.:

............................................................

(1) Continuous numbering.

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ANNEX IV

EC Fax No (32 2) 296 60 27/(32 2) 295 36 13

Application of Article 4(4) of Regulation (EC) No 1143/98

COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT RIGHTS APPLICATION

Date: .............................................................................. Period: ..............................................................................

Member State: ...........................................................................................................................................................

Number of applicant (1)

Applicant (name and address)

Quantity (head)

Total

Member State: Fax No:

.....................................................

Tel.:

............................................................

(1) Continuous numbering.