Commission Regulation (EC) No 1144/98 of 2 June 1998 laying down, for the period 1 July 1998 to 30 June 1999, detailed rules of application for a tariff quota for calves weighing not more than 80 kilograms originating in certain third countries
Date: 1998-06-02
Institutions: European Commission
Subjects: CCT duties, calf, import, tariff quota, third country

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Official Journal of the European Communities

3. 6. 98

COMMISSION REGULATION (EC) No 1144/98

of 2 June 1998

laying down, for the period 1 July 1998 to 30 June 1999, detailed rules of
application for a tariff quota for calves weighing not more than 80 kilograms
originating in certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Multilateral Trade Negotia-
tions (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 auto-
nomous 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 Multilateral Trade
Negotiations (3), and in particular Article 5 thereof,

Whereas Regulations (EC) No 3066/95 and (EC) No
1926/96 provide for the opening, for the period 1 July
1998 to 30 June 1999, of a tariff quota for 178 000 live
bovine animals weighing 80 kilograms or less originating
in Hungary, Poland,
the Czech Republic, Slovakia,
Romania, Bulgaria, Estonia, Latvia and Lithuania and
benefiting from an 80 % reduction in the rate of customs
duties; whereas management measures should be laid
down relating to the importation of these animals;

Whereas experience shows that limiting imports can give
rise to speculative import applications; whereas, in order
to guarantee that the planned measures function correctly,
most of the quantities available should be reserved for
live bovine animals;
importers of
so-called traditional
whereas in certain cases administrative errors by the
competent national body threaten to restrict access by
traders to this part of the quota; whereas there should be
provision to correct any harm caused;

Whereas, so as not to introduce rigidity into trade rela-
tions in the sector, a second allocation should be made
available for traders able to show that they are carrying
out a genuine activity involving trade in a significant
number of animals; whereas, in consideration of this and
in order to ensure efficient management, a minimum of
100 animals should be required to have been exported
and/or imported during 1997 by the operators concerned;
whereas a batch of 100 animals in principle constitutes a
normal load; whereas experience has shown that the sale
or purchase of a single batch is a minimum requirement
for a transaction to be considered real and viable;

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

Whereas, so as to avoid speculation, access to the quota
should be denied to traders no longer carrying out an
activity in the beef and veal sector on 1 June 1998;

Whereas, to ensure orderly importation of the quantities
laid down for the period 1 July 1998 to 30 June 1999, the
issue of the licences should be staggered over the year of
import;

Whereas the arrangements should be managed using
import licences; whereas, to this end, rules should be laid
down on the submission of applications and the informa-
tion to be given on applications and licences, where
necessary by derogation from certain provisions of
Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
the application of
import and export
the system of
licences and advance fixing certificates for agricultural
products (4), as last amended by Regulation (EC) No
1044/98 (5), and of Commission Regulation (EC) No
1445/95 of 26 June 1995 on rules of application for
import and export licences in the beef and veal sector and
repealing Regulation (EEC) No 2377/80 (6),
last
amended by Regulation (EC) No 759/98 (7); whereas,
moreover, it should be stipulated that licences are to be
issued following a reflection period and where necessary
with a fixed percentage reduction applied;

as

(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 provision should be made for imported animals
to be identified 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);

(b) the second part, equal to 30 %, i.e. 53 400 head, shall
be allocated among traders who can furnish proof of
having imported and/or exported during 1997 at least
100 live bovine animals
falling within CN code
0102 90 apart from those under (a).

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

Traders must be registered for VAT purposes in a Member
State.

HAS ADOPTED THIS REGULATION:

Article 1

With the exception of imports under the tariff quotas for
the importation of 169 000 young male bovine animals
for fattening and 153 000 live bovine animals weighing
between 80 and 300 kilograms, imports into the Com-
munity of live bovine animals falling within CN codes
0102 90 05, 0102 90 21, 0102 90 29, 0102 90 41 and
0102 90 49 and referred to in Article 1(1)(a) of Council
Regulation (EEC) No 805/68 (2), originating in the coun-
tries listed in Annex I, shall be subject to the manage-
ment measures laid down in this Regulation.

4.
The 124 600 head shall be allocated on the basis of
applications for import rights among the eligible im-
porters in proportion to their imports of animals within
the meaning of paragraph 3(a) during 1995, 1996 and
1997 proven in accordance with paragraph 6.

5.
The 53 400 head shall be allocated among the
eligible traders in proportion to the quantities applied for
proven in accordance with paragraph 6.

6.
Proof of import and export shall be provided exclu-
sively by means of the customs document of release for
free circulation or the export document duly stamped by
the customs authorities.

Member States may accept copies of the abovementioned
documents duly certified by the issuing authority where
the applicant can prove to the satisfaction of the compe-
tent authority that he was not able to obtain the original
documents.

Article 2

Article 3

1.
Import licences under this Regulation may be issued
for the period 1 July 1998 to 30 June 1999 only for
178 000 animals falling within CN code 0102 90 05 ori-
ginating in the countries listed in Annex I.

1.
Traders who on 1 June 1998 were no longer
engaged in any activity in the beef and veal sector shall
not qualify for the allocation pursuant to Article 2(3)(a).

The quota shall have the serial number 09.4598.

2.
For those animals, the ad valorem duty and the
specific duties fixed in the Common Customs Tariff
(CCT) shall be reduced by 80 %.

The quantity referred to in paragraph 1 shall be

3.
divided into two parts, as follows:

(a) the first part, equal to 70 %, i.e. 124 600 head, shall be
allocated among importers who can furnish proof of
having imported animals falling within CN code
0102 90 05 during 1995, 1996 or 1997 in the context
of the regulations referred to in Annex II.

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) OJ L 117, 7. 5. 1997, p. 1.
(2) OJ L 148, 28. 6. 1968, p. 24.

2.
Any company formed by the merger of companies
each having rights pursuant to Article 2(4) shall enjoy the
same rights as the companies from which it was formed.

Article 4

1.
Applications for import rights may be presented
only in the Member State in which the applicant is regis-
tered within the meaning of Article 2(3).

For the purposes of Article 2(3)(a),

2.
traders shall
present applications for import rights to the competent
authorities together with the proof referred to in Article
2(6) by 18 June 1998 at the latest.

After verification of the documents presented, Member
States shall forward to the Commission, by 30 June 1998
at the latest, the list of traders who meet the acceptance
conditions,
and
addresses and the number of eligible animals imported
during each of the reference years.

showing in particular

their names

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For the purposes of Article 2(3)(b), applications for
3.
import rights,
together with the proof referred to in
Article 2(6), must be lodged by traders by 18 June 1998 at
the latest.

(a) in Section 8, the indication of the countries referred to
in Annex I; licences shall carry with them an obliga-
tion to import from one or more of the countries indi-
cated;

Only one application may be lodged by each applicant.
Where the same applicant lodges more than one applica-
tion all applications from that person shall be invalid.
Applications may not relate to a quantity larger than that
available.

After verification of the documents presented, Member
States shall forward to the Commission by 30 June 1998 a
list of applicants and quantities applied for.

4.
All notifications, including notifications of nil appli-
cations, shall be made by telex or fax, drawn up on the
basis of the models in Annexes III and IV in the case
where applications have been lodged.

Article 5

The Commission shall decide to what extent appli-

1.
cations may be accepted.

As regards applications pursuant

2.
to Article 4(3),
where the quantities applied for 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 100 head per application,
the allocation shall be made by drawing lots, by batches
of 100 head, by the Member States concerned. If the
remaining quantity is less than 100 head, it shall consti-
tute a single batch.

Article 6

1.
Imports of the quantities allocated in accordance
with Article 5 shall be subject to the presentation of an
import licence.

(b) in Section 16, CN subheading 0102 90 05;

(c) in Section 20, the serial number 09.4598 and at least

one of the following:

— Reglamento (CE) no 1144/98

— Forordning (EF) nr. 1144/98

— Verordnung (EG) Nr. 1144/98
— Jamomisl ˜or (EJ) aqih. 1144/98

— Regulation (EC) No 1144/98

— Règlement (CE) no 1144/98

— Regolamento (CE) n. 1144/98

— Verordening (EG) nr. 1144/98

— Regulamento (CE) nº 1144/98

— Asetus (EY) N:o 1144/98

— Förordning (EG) nr 1144/98.

Import licences issued pursuant to this Regulation
issue.

5.
shall be valid for 90 days from their date of
However, no licences shall be valid after 30 June 1999.

Licences

6.
Community.

issued shall be valid throughout

the

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

7.
not apply.

Article 7

The animals shall qualify for the duties referred to in
Article 1 on presentation of an EUR. 1 movement certifi-
cate 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 drawn up by the exporter in accordance with
these Protocols.

2.
Licence applications may be presented only in the
Member State in which the application for import rights
was lodged.

All animals imported under this Regulation shall be iden-
tified in accordance with Regulation (EC) No 820/97.

Article 8

3.
Licences shall be issued, at the request of traders, 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 1 January 1999.

The number of animals for which a licence is issued shall
be expressed in units. Where necessary, numbers shall be
rounded up or down as the case may be.

Licence applications and licences shall contain the

4.
following entries:

Article 9

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

Article 10

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

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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

Regulations referred to in Article 2(3)(a)

Commission Regulations:

(EC) No 3076/94 (OJ L 325, 17. 12. 1994, p. 8),
(EC) No 1566/95 (OJ L 150, 1. 7. 1995, p. 24),
(EC) No 2491/95 (OJ L 256, 26. 10. 1995, p. 36),
(EC) No 3018/95 (OJ L 314, 28. 12. 1995, p. 58),
(EC) No 403/96 (OJ L 55, 6. 3. 1996, p. 9),
(EC) No 1110/96 (OJ L 148, 21. 6. 1996, p. 15),
(EC) No 1462/96 (OJ L 187, 26. 7. 1996, p. 34),
(EC) No 2501/96 (OJ L 338, 28. 12. 1996, p. 65).

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EC Fax:

(32 2) 296 60 27/(32 2) 295 36 13

ANNEX III

Application of Article 4(2) of Regulation (EC) No 1144/98

Serial No 09.4598

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

APPLICATION FOR IMPORT RIGHTS

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

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

Member State:

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

Number
of applicant (1)

Applicant (name and address)

Quantity imported
(head)

1995

1996

1997

Total for the
three years

Total

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

Tel.: ....................................................

(1) Continuous numbering.

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ANNEX IV

EC Fax:

(32 2) 296 60 27/(32 2) 295 36 13

Application of Article 4(3) of Regulation (EC) No 1144/98

Serial No 09.4598

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

APPLICATION FOR IMPORT RIGHTS

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

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

Member State:

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

Number of applicant (1)

Applicant (name and address)

Quantity (head)

Total

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

Tel.: ....................................................

(1) Continuous numbering.