Commission Regulation (EC) No 1279/98 of 19 June 1998 laying down detailed rules for applying the tariff quotas for beef and veal provided for in Council Regulation (EC) No 3066/95 for the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and Romania
Date: 1998-06-19
Institutions: European Commission
Subjects: Central and Eastern Europe, beef, import licence, tariff quota

L 176/12

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Official Journal of the European Communities

20. 6. 98

COMMISSION REGULATION (EC) No 1279/98

of 19 June 1998

laying down detailed rules for applying the tariff quotas for beef and veal
provided for in Council Regulation (EC) No 3066/95 for the Republic of Poland,
the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic
of Bulgaria and Romania

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 of Multilateral Trade Negotia-
tions (1),
amended by Regulation (EC) No
1595/97 (2), and in particular Article 8 thereof,

last

as

reduced-tariff quotas

Whereas Regulation (EC) No 3066/95 provides for the
opening of
for beef and veal;
whereas detailed rules should be adopted for their appli-
cation on a multiannual basis; whereas, to that end, the
provisions laid down annually for those quotas in the past
should be used as a basis;

Whereas, in order to ensure that the quantities laid down
are imported in an orderly fashion, they should be stag-
gered over various periods;

certain

notwithstanding

Whereas provision should be made for the arrangements
to be administered by means of import licences; whereas,
to that end, rules should in particular be laid down on the
way applications are to be submitted and on the informa-
tion to be shown in applications and licences, where
appropriate
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 (3), as last amended by Regulation (EC) No
1044/98 (4), 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
Regulation (EEC) No 2377/80 (5), as last amended by
Regulation (EC) No 759/98 (6); whereas provision should

provisions

(1) OJ L 328, 30. 12. 1995, p. 31.
(2) OJ L 216, 8. 8. 1997, p. 1.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 149, 20. 5. 1998, p. 11.
(5) OJ L 143, 27. 6. 1995, p. 35.
(6) OJ L 105, 4. 4. 1998, p. 7.

also be made for the licences to be issued after a period
for reflection and, where appropriate, once a uniform
percentage reduction has been applied;

Whereas the risk of speculation inherent in the arrange-
ments for the beef and veal sector requires that clear
conditions be laid down governing access to the quotas;

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

Import licences must be presented for imports into the
Community of the products listed in Annex I hereto
under the quotas provided for in Regulation (EC) No
3066/95.

The quantities of products imported annually under those
arrangements and the rate of reduction in the customs
duty fixed by the Common Customs Tariff shall be as set
out in Annex I hereto.

Article 2

The quantities referred to in Article 1 for each period set
out in Annex I shall be broken down as follows:

— 25 % from 1 July to 30 September,
— 25 % from 1 October to 31 December,
— 25 % from 1 January to 31 March,
— 25 % from 1 April to 30 June.

by

covered

Where, during the period the quotas are opened, the
applications
quantities
submitted in respect of the first, second or third tranches
specified in the first paragraph are lower than those
available, the remaining quantities shall be added to those
available for the following tranche.

licence

import

Article 3

1.

In order to qualify under the import quotas:

(a) import

licence applicants must be natural or legal
persons who must prove to the satisfaction of the
competent authorities of the Member State concerned

20. 6. 98

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Official Journal of the European Communities

L 176/13

when they submit their applications that they have
traded in beef and veal with third countries at least
once during the previous 12 months; the applicants
must be entered in a national VAT register;

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

(c) licence applications for each group of products listed
in Annex I shall relate to a minimum of 15 tonnes in
product weight without
exceeding the quantity
available as defined in Article 2.

‘Group of products’ means products originating in
only one of the countries listed in Annex I; a group of
products shall cover products corresponding to CN
codes 0201 and 0202 or to 1602 50 31 and 1602 50 39;

applications from that applicant for products in the same
group shall be inadmissible.

By the fifth working day following the end of the
3.
period for submission, the Member States shall notify the
Commission of the applications submitted for the quant-
ities available. Such notification shall comprise a list of
applicants showing the quantity applied for per CN code
and per country of origin of the products.

Notifications, including nil notifications, shall be made
by telex or fax, using the model in Annex II hereto.

4.
The Commission shall decide what percentage of
quantities covered by licence applications can be granted.

(d) box 8 of licence applications and licences shall show
the country of origin; licences shall carry with them
an obligation to import from the country indicated;

If the quantities covered by licence applications exceed
those available,
the Commission shall set a uniform
percentage reduction in the quantities applied for.

(e) box 20 of licence applications and licences shall show

at least one of the following:

5.
Subject to Commission acceptance of the applica-
tions, the licences shall be issued as soon as possible.

— Reglamento (CE) no 1279/98

— Forordning (EF) nr. 1279/98

— Verordnung (EG) Nr. 1279/98
— Jamomisl ˜or (EJ) aqih. 1279/98
— Regulation (EC) No 1279/98

— R(cid:138)glement (CE) no 1279/98

— Regolamento (CE) n. 1279/98

— Verordening (EG) nr. 1279/98

— Regulamento (CE) nº 1279/98

— Asetus (EY) N:o 1279/98

— F(cid:148)rordning (EG) nr 1279/98.

2. Notwithstanding Article 5 of Regulation (EC) No
1445/95, box 16 of licence applications and licences shall
show one of the following groups of CN codes:

— 0201 and 0202,

— 1602 50 31 and 1602 50 39.

Article 4

1.
Licence applications may only be submitted during
the first 10 days of each period as referred to in Article 2.

2. Only one application may be submitted by each
applicant per group of products. If an applicant submits
more than one application per group of products, all

Article 5

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

Import licences issued pursuant to this Regulation
2.
shall be valid for 90 days from their actual day of issue
within the meaning of Article 21(2) of Regulation (EEC)
No 3719/88. However, no licence shall be valid after 30
June following the date of issue.

3.

Licences shall be valid throughout the Community.

Article 6

The products shall be released for free circulation on
presentation of an EUR 1 movement certificate issued by
the exporting country in accordance with Protocol 4 to
the Europe Agreement concluded with that country or a
declaration by the exporter drawn up in accordance with
that Protocol.

Article 7

This Regulation shall enter into force on 1 July 1998.

L 176/14

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20. 6. 98

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

Done at Brussels, 19 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

L 176/15

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L 176/16

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Official Journal of the European Communities

20. 6. 98

Fax:

(32-2) 296 60 27

ANNEX II

(Application of Regulation (EC) No 1279/98)

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT LICENCE APPLICATION

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

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

Country
of origin

Applicant
number (1)

Applicant
(name and address)

Quantity
(tonnes)

CN code(s)

Total

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

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

(1) Continuous numbering.