Commission Regulation (EC) No 1142/98 of 2 June 1998 opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 1998 to 30 June 1999)
Date: 1998-06-02
Institutions: European Commission
Subjects: beef, frozen product, tariff quota

3. 6. 98

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COMMISSION REGULATION (EC) No 1142/98

of 2 June 1998

opening and providing for the administration of a tariff quota for frozen meat of
bovine animals covered by CN code 0202 and products covered by CN code
0206 29 91 (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 Schedule CXL requires an annual import quota
to be opened for 53 000 tonnes of frozen beef covered by
CN code 0202 and products covered by CN code
0206 29 91; whereas the rules of application should be
laid down for the 1998/99 quota year starting on 1 July
1998;

Whereas a method of administration should be applied
which is comparable to that used in the past for corres-
ponding quotas; whereas such a method should entail the
allocation by the Commission of part of the quantities
available to traditional traders and part to traders involved
in trade in beef and veal;

importers should be allocated
Whereas the traditional
80 % of the quota, i.e. 42 400 tonnes, in proportion to the
quantities imported by them under the same type of
quota during the most recent reference period; whereas in
certain cases administrative errors by the competent
national body are liable to restrict traders’ access to this
part of the quota; whereas steps should be taken to make
good any resulting damage;

Whereas traders who can show that they are genuinely
involved in trade of some significance should be granted
access to the second part of the quota, i.e. 10 600 tonnes,
in accordance with a procedure based on the submission
of applications by the parties concerned and their accep-
tance by the Commission; whereas proof of genuine
involvement in trade calls for evidence to be presented of
trade of some significance in beef and veal with third
countries;

Whereas exports of beef and veal
from the United
Kingdom have been seriously affected by the controversy
over bovine spongiform encephalopathy (BSE),
in par-
ticular since the end of March 1996; whereas account
should be taken of the export situation in the United

(1) OJ L 146, 20. 6. 1996, p. 1.

Kingdom when performance criteria are set with regard to
the 10 600 tonnes;

Whereas, if such criteria are to be checked, applications
must be submitted in the Member State where the
importer is entered in a national VAT register;

Whereas traders no longer involved in trade in beef and
veal at 1 April 1998 should be denied access to the quota
in order to prevent speculation;

Whereas, save as otherwise provided in this Regulation,
Commission Regulations
(EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
import and export
the system of
the application of
licences and advance-fixing certificates for agricultural
products (2), as last amended by Regulation (EC) No
1404/97 (3), and (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 (4), as
last amended by Regulation (EC) No
759/98 (5), are applicable to import licences issued under
this Regulation;

Whereas effective management of the quota and fraud
prevention in particular require that used licences are to
be returned to the competent authorities so they can
check that
the quantities shown therein are correct;
whereas the competent authorities must accordingly be
under an obligation to carry out such checks; whereas the
security to be lodged when licences are issued should be
fixed so it ensures licences are actually used and returned
to the competent authorities;

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.
A tariff quota totalling 53 000 tonnes expressed in
weight of boneless meat is hereby opened for frozen meat
of bovine animals covered by CN code 0202 and products
covered by CN code 0206 29 91 for the period 1 July
1998 to 30 June 1999.

(2) OJ L 331, 2. 12. 1988, p. 5.
(3) OJ L 194, 23. 7. 1997, p. 5.
(4) OJ L 143, 27. 6. 1995, p. 35.
(5) OJ L 105, 4. 4. 1998, p. 7.

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Official Journal of the European Communities

3. 6. 98

The serial number of the tariff quota shall be 09.4003.

For the purpose of
the said quota, 100 kilograms of
bone-in meat shall be equivalent to 77 kilograms of bone-
less meat.

For the purposes of this Regulation,

2.
‘frozen meat’
shall mean meat which is frozen and has an internal
temperature of –12HC or
lower when it enters the
customs territory of the Community.

3.
The Common Customs Tariff duty applicable to the
quota provided for in paragraph 1 shall be 20 % ad
valorem.

Article 2

The quota provided for in Article 1 shall be divided

1.
into two parts as follows:

(a) the first, equalling 80 % or 42 400 tonnes, shall be
apportioned among Community importers in propor-
imported by them under
tion to the quantities
Commission Regulations (EC) No 3305/94 (1),
(EC)
(EC) No 1141/96 (3) and (EC) No
No 1151/95 (2),
1042/97 (4) before 1 April 1998.

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

subparagraph,

(b) the second, equalling 20 % or 10 600 tonnes, shall be
apportioned among traders who can prove that they
have been engaged for a certain period in trade in
beef and veal with third countries,
involving a
minimum quantity other than the quantities taken
(a) and excluding meat
into consideration under
which is the subject of inward or outward processing
arrangements.

For

the purposes of paragraph 1(b),

2.
the 10 600
tonnes shall be allocated to traders who can furnish proof
that they have:

— imported at least 160 tonnes of beef in the period 1
April 1996 to 31 March 1998 other than quantities
imported under Regulations (EC) No 1151/95,
(EC)
No 1141/96 and (EC) No 1042/97, or

— exported at
period.

least 300 tonnes of beef

in the same

For this purpose ,
‘beef’ means products covered by CN
codes 0201, 0202 and 0206 29 91, and the minimum

(1) OJ L 341, 30. 12. 1994, p. 49.
(2) OJ L 116, 23. 5. 1995, p. 15.
(3) OJ L 151, 26. 6. 1996, p. 9.
(4) OJ L 152, 11. 6. 1997, p. 2.

reference quantities shall be expressed in terms of product
weight.

Notwithstanding the second indent, the export period for
traders established in the United Kingdom and entered in
the national VAT register since 1 April 1996 shall be 1
April 1994 to 31 March 1996.

3.
The 10 600 tonnes referred to in paragraph 2 shall
be allocated in proportion to the quantities applied for by
eligible traders.

4.
Proof of import and export shall be furnished solely
by means of customs documents of release for free circu-
lation and export documents.

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

Article 3

Traders who were no longer engaged in trade in beef
1.
and veal at 1 April 1998 shall not qualify under the ar-
rangements provided for in this Regulation.

2.
Companies arising from mergers where each consti-
tuent undertaking has rights pursuant to Article 2(1)(a)
shall enjoy the same rights as the undertakings from
which they are formed.

Article 4

1.
Together with the proof referred to in Article 2(4),
applications for import rights shall be submitted before
12 June 1998 to the competent authority in the Member
State where the applicant is entered in the national VAT
register. Where an applicant submits more than one
application under either of the arrangements referred to
in Article 2(1)(a) or (b), all such applications shall be inad-
missible.

Applications pursuant to Article 2(1)(b) shall not cover
more than 50 tonnes of frozen boneless meat overall.

After the documents submitted have been verified,
2.
the Member States shall forward the following to the
Commission before 25 June 1998:

— in respect of the arrangements pursuant to Article
2(1)(a), a list of eligible importers, including in par-
ticular their names and addresses and the quantities of
eligible meat imported during the reference period
concerned,

— in respect of the arrangements pursuant to Article
2(1)(b), a list of applicants, including in particular their
names and addresses and the quantities applied for.

Article 5

1.
The Commission shall decide as soon as possible on
the percentage of quantities covered by applications that
may be accepted.

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2. Where the quantities covered by applications for
import
the
exceed the quantities
Commission shall reduce the quantities applied for by a
fixed percentage.

available,

rights

(c) one of the following groups of CN codes in box 16:

— 0202 10 00, 0202 20,
— 0202 30,
— 0206 29 91.

Article 6

Article 7

The quantities allocated shall be imported subject to

1.
presentation of one or more import licences.

2.
Licence applications may be lodged solely in the
Member State where the applicant has applied for import
rights.

3.
Following decisions on allocation by the Commis-
sion in accordance with Article 5, import licences shall be
issued on application and in the names of the traders who
have obtained rights to import.

4.

Licence applications and licences shall contain:

(a) one of the following entries in box 20:

— Carne de vacuno congelada [Reglamento (CE) no

1142/98]

— Frosset oksekød (forordning (EF) nr. 1142/98)
— Gefrorenes Rindfleisch (Verordnung (EG) Nr.

1142/98)

— Jatexucl ˜emo b ˜oeio jq ˜ear [Jamomisl ˜or (EJ)

aqih. 1142/98]

— Frozen meat of bovine animals (Regulation (EC)

No 1142/98)
— Viande bovine

1142/98]

congel(cid:130)e

[R(cid:138)glement

(CE) no

— Carni bovine congelate [Regolamento (CE) n.

1142/98]

— Bevroren rundvlees (Verordening (EG) nr. 1142/98)
— Carne de bovino congelada [Regulamento (CE) nº

1142/98]

— J(cid:132)(cid:132)dytetty(cid:132) naudanlihaa (asetus (EY) N:o 1142/98)
— Fryst k(cid:148)tt av n(cid:148)tkreatur

(f(cid:148)rordning (EG) nr

1142/98);

(b) the country of origin in box 8;

For the purpose of applying the arrangements provided
for in this Regulation, the frozen meat shall be imported
into the customs territory of the Community subject to
the conditions laid down in Article 17(2)(f) of Council
Directive 72/462/EEC (1).

Article 8

Regulations

1.
(EEC) No 3719/88 and (EC) No
1445/95 shall apply, save where otherwise provided in this
Regulation.

2. Notwithstanding Article 8(4) of Regulation (EEC)
No 3719/88, the full Common Customs Tariff duty appli-
cable on the day of release for free circulation shall be
charged on all quantities exceeding those set out in the
import licence.

Import licences issued pursuant to this Regulation
issue.

3.
shall be valid for 90 days from their date of
However, no licences shall be valid after 30 June 1999.

4.
The security relating to the import licences shall
amount to ECU 35 per 100 kilograms net weight. It shall
be lodged together with the licence application.

5. Where import licences are returned with a view to
the release of the security, the competent authorities shall
check that the quantities shown on the licences are the
same as those shown on the licences at the time of issue.
Where licences are not returned, the Member States shall
carry out an investigation to establish who has used them
and for what quantities. The Member States shall inform
the Commission at the earliest opportunity of the results
of such investigation.

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, 2 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 302, 31. 12. 1972, p. 28.