Commission Regulation (EC) No 2556/98 of 27 November 1998 laying down for 1999 detailed rules for the application of the tariff quota for beef and veal provided for in the Interim Agreement between the Community and the Republic of Slovenia
Date: 1998-11-27
Institutions: European Commission
Subjects: Slovenia, beef, carcase, import licence, interim agreement (EU), tariff quota

L 320/20

EN

Official Journal of the European Communities

28. 11. 98

COMMISSION REGULATION (EC) No 2556/98

of 27 November 1998

laying down for 1999 detailed rules for the application of the tariff quota for beef
and veal provided for in the Interim Agreement between the Community and the
Republic of Slovenia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 410/97 of
24 February 1997 on certain procedures for applying the
Interim Agreement on Trade and Trade-Related Measures
between the European Community, the European Coal
and Steel Community and the European Atomic Energy
Community, of the one part, and the Republic of Slo-
venia, of the other part (1), and in particular Article 1
thereof,

Whereas an Interim Agreement on trade and trade-related
matters between the European Community, the European
Coal and Steel Community and the European Atomic
Energy Community, of the one part, and the Republic of
Slovenia, of the other part (2), hereinafter referred to as the
‘Agreement', was signed in Brussels on 11 November
1996; whereas pending the entry into force of the Europe
Agreement, the Council and Commission decided that
the Agreement would apply provisionally
in the
Community from 1 January 1997;

Whereas the Agreement provides for the opening of a
reduced-tariff quota for beef and veal for 1999; whereas
detailed rules for the application of that quota should
therefore be laid down;

repealing Regulation (EEC) No 2377/80 (5),
last
amended by Regulation (EC) No 2365/98 (6); whereas,
moreover, it should be stipulated that licences are to be
issued following a reflection period and, where necessary,
after application of a uniform percentage reduction;

as

Whereas, given the risk of speculation inherent in the
arrangements in the beef and veal sector, detailed condi-
tions for access to the quotas should be laid down;
whereas, in order for these criteria to be verified, applica-
tions must be submitted in the Member State where the
applicant is registered for VAT purposes;

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.
From 1 January to 31 December 1999, the following
quantities may be imported under the quota opened by
the Interim Agreement with Slovenia: 8 400 tonnes of
fresh or chilled beef and veal falling within CN codes
ex 0201 10 00
0201 20 30,
0201 20 50 and 0201 30 originating in Slovenia.

0201 20 20,

(carcasses),

Whereas, in order to ensure orderly importation of the
quantities laid down, they should be staggered;

This quota shall bear the order No 09.4082.

Whereas the arrangements should be managed using
import licences; whereas to that end rules should be laid
down on the submission of applications and the informa-
tion to be given on applications and licences, where
appropriate by way of derogation from or by supple-
menting the provisions of Commission 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-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

(1) OJ L 62, 4. 3. 1997, p. 5.
(2) OJ L 344, 31. 12. 1996, p. 3.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 149, 20. 5. 1998, p. 11.

2.
For the meat referred to in paragraph 1, the ad
valorem and specific customs duties set in the Common
Customs Tariff shall be reduced by 80 %.

The quantity referred to in paragraph 1 shall be

3.
staggered over the year as follows:

— 4 200 tonnes between 1 January and 30 June 1999,

— 4 200 tonnes between 1 July and 31 December 1999.

If, during 1999,

4.
the quantity for which licence
applications are submitted for the first period specified in
paragraph 3 is less than the quantity available,
the
remaining quantity shall be added to the quantity avail-
able for the following period.

(5) OJ L 143, 27. 6. 1995, p. 35.
(6) OJ L 293, 31. 10. 1998, p. 49.

28. 11. 98

EN

Official Journal of the European Communities

L 320/21

Article 2

1.

In order to benefit from the import arrangements:

(a) applicants for import licences must be natural or legal
persons who, when submitting their application, must
prove to the satisfaction of the competent authorities
of the Member State concerned that they have traded
in beef and veal with third countries at least once in
the previous 12 months; they must be entered on a
national VAT register,

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

(c)

licence applications
relate to a minimum
quantity of 15 tonnes of product without exceeding
the quantity available,

shall

(d) the licence application and the licence shall show in
box 8 the country of origin; the licence shall carry
with it an obligation to import from the country indi-
cated,

(e) the licence application and the licence shall show the
order No 09.4082 and at least one of the following in
box 20:

— Reglamento (CE) no 2556/98

— Forordning (EF) nr. 2556/98

— Verordnung (EG) Nr. 2556/98

— Jamomisl(cid:149)r (EJ) aqih. 2556/98

— Regulation (EC) No 2556/98

— R(cid:138)glement (CE) no 2556/98

— Regolamento (CE) n. 2556/98

— Verordening (EG) nr. 2556/98

— Regulamento (CE) nº 2556/98

— Asetuksen (EY) N:o 2556/98

— F(cid:148)rordning (EG) nr 2556/98.

2. Article 5 of Regulation (EC) No 1445/95 notwith-
standing, the licence application and the licence shall
show in box 16 one or more of the CN codes referred to
in Article 1(1).

Article 3

1.

Licence applications may be submitted only:

— from 6 to 15 January 1999 for the quantity referred to

in the first indent of Article 1(3),

— from 1 to 12 July 1999 for the quantity referred to in

2. Only one application may be submitted by each
applicant. Where an applicant submits more than one
application, all his applications shall be rejected.

3. Member States shall notify the Commission, by the
fifth working day following the end of the period for
submitting applications, of applications presented for the
quantity indicated in Article 1(1). Notification shall
comprise a list of applicants showing the quantities
applied for.

All notifications,
including nil notifications, shall be
made by telex or fax, notification being made, where
applications have been received, in accordance with the
model given in the Annex hereto.

The Commission shall decide to what extent licence

4.
applications can be met.

If the quantity for which licences have been applied for
exceeds
set a
uniform percentage reduction in the quantities applied
for.

the Commission shall

that available,

Provided the Commission accepts an application, the

5.
licence shall be issued as soon as possible.

Article 4

1. Without prejudice to the provisions of this Regula-
tion, Regulations (EEC) No 3719/88 and (EC) No 1445/
95 shall apply.

2. Article 3 of Regulation (EC) No 1445/95 notwith-
standing, import licences issued pursuant to this Regula-
tion shall be valid for 180 days from their date of issue.
However, no licences shall be valid after 31 December
1999.

3.

Licences shall be valid throughout the Community.

Article 5

Products shall benefit
from the duties referred to in
Article 1 on presentation of a EUR.1 movement certi-
ficate issued by the exporting country in accordance with
Protocol 4 to the Interim Agreement or a declaration by
the exporter in accordance with the said Protocol.

Article 6

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

the second indent of Article 1(3).

It shall apply from 1 January 1999.

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Official Journal of the European Communities

28. 11. 98

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

Done at Brussels, 27 November 1998.

For the Commission

Franz FISCHLER

Member of the Commission

28. 11. 98

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Official Journal of the European Communities

L 320/23

Fax No:

(32 2) 296 60 27 / 295 36 13

ANNEX

Application of Regulation (EC) No 2556/98

Order No 09.4082

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT LICENCE APPLICATION

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period:

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

Member State:

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

Applicant’s
No (1)

Applicant
(name and address)

Quantity
(tonnes)

Total

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax No:

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

Tel.:

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

(1) Continuous numbering.