Commission Regulation (EC) No 1149/98 of 2 June 1998 laying down, for the period 1 July 1998 to 30 June 1999, certain detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in certain third countries
Date: 1998-06-02
Institutions: European Commission
Subjects: cattle, import licence, live animal, originating product, tariff quota, third country

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Official Journal of the European Communities

3. 6. 98

COMMISSION REGULATION (EC) No 1149/98

of 2 June 1998

laying down, for the period 1 July 1998 to 30 June 1999, certain detailed rules for
the application of a tariff quota for live bovine animals weighing from 80 to 300
kilograms and 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 autono-
mous 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
Lithaunia, to take account of the Agreement on Agricul-
ture 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 153 000 live
bovine animals weighing from 80 to 300 kilograms and
the Czech Republic,
orginating in Hungary, Poland,
Slovakia, Romania, Bulgaria, Estonia, Latvia and Lithuania
and qualifying for an 80 % reduction in customs duties;
whereas management measures should be laid down for
the import of those animals;

Whereas, with a view to preventing speculation,
the
quantity available should be made accessible to traders
able to show that they are genuinely engaged in trade of a
in that
significant scale with third counties; whereas,
respect and with a view to efficient managment,
the
traders concerned must have exported and/or imported at
least 50 animals in 1997; whereas a batch of 50 animals in

(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.

principle constitutes a normal load and 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, if such criteria are to be checked, applications
must be presented in the Member State where the
importer is entered in a VAT register;

Whereas, in order to ensure that imports of the quantities
laid down for the period 1 July 1998 to 30 June 1999
arrive regularly, the issuing of licences should be stag-
gered over the period concerned;

Whereas provision should be made for the arrangements
to be administered by means of import licences; whereas,
to that end, detailed rules should be laid down in parti-
cular to cover the submission of applications and the
particulars to be shown on applictions 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
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
last
repealing Regulation (EEC) No 2377/80 (6),
amended by Regulation (EC) No 759/98 (7); whereas
provision should also be made for licences to be issued
after a period for reflection, a flat-rate percentage reduc-
tion being applied where necessary;

as

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 (8);

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

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

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HAS ADOPTED THIS REGULATION:

Article 1

5.
By 26 June 1998 at the latest, the Member States
shall notify the Commission of applications lodged. Such
notification shall comprise a list of applicants and of
quantities applied for.

1.
Under the tariff quotas provided for in Regulations
(EC) No 3066/95 and (EC) No 1926/96, 153 000 head of
live bovine animals falling within CN codes 0102 90 21,
0102 90 29, 0102 90 41 or 0102 90 49 and originating in
the third countries listed in Annex II hereto may be
imported in the period 1 July 1998 to 30 June 1999 in
accordance with this Regulation.

This tariff quota’s serial number shall be 09.4537.

The ad valorem and specific customs duties on
2.
those animals as fixed in the common customs tariff
(CCT) shall be reduced by 80 %.

Article 2

1.
Applicants under the quota provided for in Article 1
must be natural persons or legal entities and must prove,
to the satisfaction of the competent authorities of the
Member State concerned when submitting their applica-
tions,
that during 1997 they have imported and/or
exported at least 50 animals covered by CN code 0102 90;
applicants must be listed in a national VAT register.

2.
Proof of import and export shall be furnished exclu-
sively by means of the customs document of release for
free circulation or the export document, duly endorsed by
the customs authorities.

The Member States may accept copies of the documents
referred to above, duly certified by the issuing authority,
the
where applicants can prove,
competent authority, that it is impossible for them to
obtain the originals.

to the satisfaction of

Article 3

1.
Applications for import rights may be submitted
only in the Member State where the applicant is regis-
tered in accordance with Article 2(1).

2.
Applications for import rights:
— must cover at least 50 animals,

and

— may not cover more than 10 % of

the quantity

available.

Where applications exceed this quantity, the excess shall
be disregarded.

Applications for import rights may be lodged until

3.
17 June 1998 only.

Applicants may lodge no more than one application
4.
each. Where the same applicant lodges more than one
application, all applications from that applicant shall be
inadmissible.

including

All notifications,
shall be
forwarded by telex or fax, using the model form in Annex
I hereto in cases where applications have actually been
submitted.

returns,

‘nil’

Article 4

The Commission shall decide what percentage of

1.
quantities covered by applications may be imported.

2.
If the quantities covered by applications as referred
to in Article 3 exceed those available, the Commission
shall fix a single percentage reduction to be applied to the
quantities applied for.

Where the application of the reduction provided for in
the first subparagraph gives a figure of less than 50 head
per application, the quantity available shall be awarded by
the Member States concerned by drawing lots for import
rights covering 50 head each. Where the remainder is less
than 50 head, a single import right shall be awarded for
that quantity.

Article 5

The quantities awarded shall be imported subject to

1.
presentation of one or more import licences.

2.
Licence applications may be lodged only in the
Member State where the application for the import right
is submitted.

Licence applications and licences shall show the

3.
following:

(a) in Section 8, one or more of the countries listed in
Annex II; licences shall carry with them an obligation
to import from one or more of the countries shown;

(b) in Section 16, one of

the following groups of
Combined Nomenclature subheadings within the
same indent:

— 0102 90 21; 0102 90 29;
— 0102 90 41; 0102 90 49;

(c) in Section 20, the serial number 09.4537 and at least

one of the following:

— Reglamento (CE) no 1149/98
— Forordning (EF) nr. 1149/98
— Verordnung (EG) Nr. 1149/98
— Jamomisl ˜or (EJ) aqih. 1149/98

— Regulation (EC) No 1149/98
— R(cid:138)glement (CE) no 1149/98
— Regolamento (CE) n. 1149/98
— Verordening (EG) nr. 1149/98
— Regulamento (CE) nº 1149/98
— Asetus (EY) N:o 1149/98
— F(cid:148)rordning (EG) nr 1149/98.

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4.
Until 31 December 1998, licences shall be issued for
no more than 50 % of the import rights awarded. Import
licences covering the remainder shall be issued from 1
January 1999.

5.
Import licences issued in accordance with this Regu-
lation shall be valid for 90 days from their date of issue
within the meaning of Article 21(2) of Regulation (EC)
No 3719/88. However, no licence 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
(zero) shall be

7.
not apply. To that end,
entered in Section 19 of licences.

the figure ‘0’

with Protocol 4 to the Europe Agreements and Protocol 3
to the free-trade agreements or a declaration by the
exporter in accordance with the said Protocols.

Article 7

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

Article 8

Regulations (EEC) No 3719/88 and (EC) No 1445/95
shall apply, save as otherwise provided herein.

Article 6

Article 9

The duties referred to in Article 1 shall apply to live
animals on presentation of either an EUR.1 movement
certificate issued by the exporting country in accordance

This Regulation shall enter into force on the third 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

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ANNEX I

EC Fax No (32 2) 296 60 27

Application of Regulation (EC) No 1149/98

Serial No 09.4537

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

APPLICATION FOR IMPORT RIGHTS

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

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

Applicant’s No (1)

Applicant (name and address)

Quantity

Total

Member State:

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

Fax No:

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

Tel.:

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

(1) Continuous numbering.

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ANNEX II

— Hungary

— Poland

— Czech Republic

— Slovakia

— Romania

— Bulgaria

— Lithuania

— Latvia

— Estonia