Commission Regulation (EC) No 1267/98 of 18 June 1998 laying down, for the period 1 July 1998 to 30 June 1999, detailed rules of application for the tariff quotas for beef provided for in Council Regulation (EC) No 1926/96 for Estonia, Latvia and Lithuania
Date: 1998-06-18
Institutions: European Commission
Subjects: Estonia, Latvia, Lithuania, beef, import policy, tariff quota

19. 6. 98

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Official Journal of the European Communities

L 175/11

COMMISSION REGULATION (EC) No 1267/98

of 18 June 1998

laying down, for the period 1 July 1998 to 30 June 1999, detailed rules of
application for the tariff quotas for beef provided for in Council Regulation (EC)
No 1926/96 for Estonia, Latvia and Lithuania

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1926/96 of
7 October 1996 establising 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 (1), and in particular Article 5 thereof,

for agricultural products (4), as
fixing certificates
last
amended by Regulation (EC) No 1044/98 (5),
and
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 Regula-
tion (EEC) No 2377/80 (6), as last amended by Regulation
(EC) No 759/98 (7); whereas provision should also be
made for the licences to be issued after a period for con-
sideration and, where necessary,
the application of a
single percentage reduction;

Whereas, in view of the risk of speculation inherent in
these arrangements for beef and veal, clear conditions
should be laid down as regards access by operators;
whereas verification of
the abovementioned conditions
requires that applications be submitted in the Member
State in which the importer is entered into the value-
added tax register;

Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organisation of the market
in beef and veal (2), as last amended by Regulation (EC)
No 2634/97 (3), and in particular Article 9(2) thereof,

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

Whereas Regulation (EC) No 1926/96 provides for certain
annual tariff quotas for products made from beef and veal;
whereas imports under those quotas qualify for an 80 %
reduction in the customs duties set out in the Common
Customs Tariff (CCT); whereas detailed rules of applica-
tion for these quotas, for the period 1 July 1998 to 30
June 1999, should be laid down;

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

intended to guarantee the origin of

the abovementioned
Whereas, while the provisions of
the
agreements
product should be complied with, the administration of
the arrangements should be based on import licences;
whereas, to that end, detailed rules should be laid down
on, in particular, the submission of applications and the
in applications and
information which must appear
licences, notwithstanding certain provisions of Commis-
sion 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

HAS ADOPTED THIS REGULATION:

Article 1

1. During the period 1 July 1998 to 30 June 1999, the
following may be imported in accordance with this Regu-
lation under the tariff quotas opened by Regulation (EC)
No 1926/96:

— 1 725 tonnes of fresh, refrigerated or frozen beef and
veal falling within CN codes 0201 and 0202, origina-
ting in Lithuania, Latvia and Estonia. The serial
number of the quota shall be 09.4561,

— 230 tonnes of products

falling within CN code
1602 50 10, originating in Latvia. The serial number
of the quota shall be 09.4562.

(1) OJ L 254, 8. 10. 1996, p. 1.
(2) OJ L 148, 28. 6. 1968, p. 24.
(3) OJ L 356, 31. 12. 1997, p. 13.

(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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19. 6. 98

2.
The rates of customs duty fixed in the CCT shall be
reduced by 80 % for the quantities indicated in paragraph
1.

The quantities indicated in paragraph 1 may be

3.
imported as follows:

— 50 % in the period 1 July to 31 December 1998,

— 50 % in the period 1 January to 30 June 1999.

If, during the period 1 July 1998 to 30 June 1999, the
quantities for which licence applications are submitted for
the period specified in the first indent are less than those
available, the balances shall be added to the quantities
available for the following period.

— Regolamento (CE) n. 1267/98

— Verordening (EG) nr. 1267/98

— Regulamento (CE) nº 1267/98

— Asetus (EY) N:o 1267/98

— F(cid:148)rordning (EG) nr 1267/98.

2. Notwithstanding Article 5 of Regulation (EC) No
1445/95,
licence applications and
licences CN codes 0201 and 0202 or CN code 1602 50 10
shall be entered.

in Section 16 of

Article 3

Article 2

1.

Licence applications may be submitted only:

In order to qualify for the import quotas referred to

1.
in Article 1:

— between 7 and 17 July 1998, and

— between 2 and 12 February 1999.

(a) applicants for import licences must be natural or legal
persons who, at the time applications are submitted,
can prove to the satisfaction of the competent author-
ities of the Member State concerned that they have
been active in trade in beef and veal with third coun-
tries at least once during the last 12 months and are
entered in a national VAT register;

(b) licence applications must be submitted only in the
Member State in which the applicant is registered;

(c) for each of the groups of products referred to in the

first and second indents of Article 1(1):

— licence applications must cover a minimum of 15
tonnes of product without exceeding the quantity
available in the period concerned,

— applicants may submit only one application,
— where an applicant submits more than one appli-
cation for a group, all his applications for that
group shall be rejected;

(d) in Section 8 of licence applications and licences, the

following shall be entered:

— in the case of the first indent of Article 1(1), the

countries of origin,

— in the case of the second indent of Article 1(1), the

country of origin.

The licence shall carry with it an obligation to import
from one or more of the countries indicated in it;

(e) in Section 20 of licence applications and licences, at

least one of the following shall be entered:

— Reglamento (CE) no 1267/98
— Forordning (EF) nr. 1267/98
— Verordnung (EG) Nr. 1267/98
— Jamomisl ˜or (EJ) aqih. 1267/98
— Regulation (EC) No 1267/98
— R(cid:138)glement (CE) no 1267/98

2. Member States shall notify the Commission, within
five working days of the end of the period for the submis-
sion of applications, of applications received.

Notification shall comprise a list of applicants broken
down by quantity applied for, nomenclature code and
country of origin of the products.

All notifications, including notifications of nil applica-
tions, shall be made by telex or fax, drawn up, where
applications have been received, in accordance with the
model set out in the Annex.

3.
The Commission shall decide as soon as possible
the extent to which licence applications may be issued for
each group of products referred to in each indent of
Article 1(1). Where the quantities for which licence appli-
cations have been submitted exceed the quantities avai-
lable, the Commission shall fix a single percentage reduc-
tion for the groups of products referred to in each indent
of Article 1(1).

Subject

4.
applications, licences shall be issued promptly.

to the Commission’s decision to accept

5.

Licences shall be valid throughout the Community.

Article 4

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

2. Notwithstanding Article 3 of Regulation (EC) No
1445/95, licences shall be valid for 180 days from their
date of issue within the meaning of Article 21(2) of Regu-
lation (EEC) No 3719/88. However, no licence shall be
valid after 30 June 1999.

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Article 5

Article 6

Products shall benefit
from 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 3 annexed to the free-trade agreements or a
declaration by the exporter in accordance with the said
Protocol.

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

It shall apply from 1 July 1998.

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

Done at Brussels, 18 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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Fax:

(32 2) 296 60 27

ANNEX

(Application of Regulation (EC) No 1267/98)

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF AND VEAL

APPLICATIONS FOR IMPORT LICENCES AT REDUCED CCT DUTIES

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

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

Country
of origin

Number of
applicant (1)

Applicant
(name and address)

Quantity
(tonnes)

CN code

Total quantity applied for:

Member State: fax number: .....................................................................

telephone number: ..........................................................

(1) Continuous numbering.