Commission Regulation (EC) No 995/1999 of 11 May 1999 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 1999 to 30 June 2000)
Date: 1999-05-11
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import, tariff quota

12. 5. 1999

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 995/1999

of 11 May 1999

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 1999 to 30 June 2000)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organisation of the market
in beef and veal (1), as last amended by Regulation (EC)
No 1633/98 (2), and in particular Article 12(1) thereof,

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 (3), and in
particular Article 1(1) thereof,

(1) 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 1999/
2000 quota year starting on 1 July 1999;

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

(3) Whereas the traditional

importers should be al-
located 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;

(4) Whereas traders who can show that they are genu-
inely 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 acceptance by the

Commission; whereas proof of genuine involve-
ment in trade calls for evidence to be presented of
trade of some significance in beef and veal with
third countries;

(5) Whereas exports of beef and veal from the United
Kingdom have been seriously affected by the
controversy over bovine spongiform encephalop-
athy (BSE), in particular since the end of March
1996; whereas account should be taken of
the
export situation in the United Kingdom when
performance criteria are set with regard to the
10 600 tonnes;

(6) Whereas, if such criteria are to be checked, applica-
tions must be submitted in the Member State
where the importer is entered in a national VAT
register;

(7) Whereas traders no longer involved in trade in beef
and veal at 1 April 1999 should be denied access to
the quota in order to prevent speculation;

(8) Whereas, save as otherwise provided in this Regula-
tion, Commission Regulations (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
last
certificates
amended by Regulation (EC) No 168/1999 (5), 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 (6), as last amended by Regula-
tion (EC) No 2648/98 (7), are applicable to import
licences issued under this Regulation;

for agricultural products (4), as

(9) 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

(1) OJ L 148, 28.6.1968, p. 24.
(2) OJ L 210, 28.7.1998, p. 17.
(3) OJ L 146, 20.6.1996, p. 1.

(4) OJ L 331, 2.12.1988, p. 1.
(5) OJ L 19, 26.1.1999, p. 4.
(6) OJ L 143, 27.6.1995, p. 35.
(7) OJ L 335, 10.12.1998, p. 39.

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lodged when licences are issued should be fixed so
it ensures licences are actually used and returned to
the competent authorities;

eration under (a) and excluding meat which is the
subject of inward or outward processing arrangements.

(10) Whereas the measures provided for in this Regula-
tion 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
1999 to 30 June 2000.

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 –12 (cid:176)C 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.

For the purposes of paragraph 1(b),

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

(cid:190) imported at least 160 tonnes of beef in the period 1
April 1997 to 31 March 1999 other than quantities
(EC)
imported under Regulations (EC) No 1141/96,
No 1042/97 and (EC) No 1142/98, or

(cid:190) exported at least 300 tonnes of beef in the same

period.

For this purpose,
‘beef' means products covered by CN
codes 0201, 0202 and 0206 29 91, and the minimum
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 2

Article 3

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 1141/96 (1),
(EC)
No 1042/97 (2) and (EC) No 1142/98 (3) before 1
April 1999.

However, the Member States may accept as the refer-
ence quantity import rights for the preceding year
which were not allocated because of an administrative
error by the competent national body;

(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 into consid-

(1) OJ L 151, 26.6.1996, p. 9.
(2) OJ L 152, 11.6.1997, p. 2.
(3) OJ L 159, 3.6.1998, p. 11.

1.
Traders who were no longer engaged in trade in beef
and veal at 1 April 1999 shall not qualify under the
arrangements provided for in this Regulation.

2.
Companies arising from mergers where each constit-
uent 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
31 May 1999 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
inadmissible.

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

(cid:190) Carni bovine congelate [Regolamento (CE) n. 995/

1999]

2.
After the documents submitted have been verified,
the Member States shall forward the following to the
Commission before 14 June 1999:

(cid:190) in respect of the arrangements pursuant to Article
2(1)(a), a list of eligible importers, including in partic-
ular their names and addresses and the quantities of
eligible meat imported during the reference period
concerned,

(cid:190) 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.

(cid:190) Bevroren rundvlees (Verordening (EG) nr. 995/

1999)

(cid:190) Carne de bovino congelada [Regulamento (CE) n.o

995/1999]

(cid:190) J(cid:132)(cid:132)dytetty(cid:132) naudanlihaa (asetus (EY) N:o 995/

1999)

(cid:190) Fryst k(cid:148)tt av n(cid:148)tkreatur (f(cid:148)rordning (EG) nr 995/

1999);

(b) the country of origin in box 8;

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

All communications, including nil returns, shall be

3.
sent by fax using the forms in Annexes I and II.

(cid:190) 0202 10 00, 0202 20,

(cid:190) 0202 30, 0206 29 91.

Article 5

Article 7

The Commission shall decide as soon as possible on
1.
the extent to which quantities covered by applications
may be accepted.

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

available,

rights

Article 6

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:

(cid:190) Carne de vacuno congelada [Reglamento (CE) no

995/1999]

(cid:190) Frosset oksekød (forordning (EF) nr. 995/1999)

(cid:190) Gefrorenes Rindfleisch (Verordnung (EG) Nr. 995/

1999)

(cid:190) Jatexucl(cid:146)mo b(cid:149)eio jq(cid:146)ar [Jamomisl(cid:149)r (EJ) aqih.

995/1999]

(cid:190) Frozen meat of bovine animals (Regulation (EC)

No 995/1999)

(cid:190) Viande bovine congel(cid:130)e [R(cid:138)glement (CE) no 995/

1999]

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

1.
Regulations (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
applicable 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
3.
shall be valid for 90 days from their date of
issue.
However, no licences shall be valid before 1 July 1999 or
after 30 June 2000.

4.
The security relating to the import licences shall
amount to EUR 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.

(1) OJ L 302, 31.12.1972, p. 28.

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

Article 9

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

Done at Brussels, 11 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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EC Fax:

(32 2) 296 60 27/(32 2) 295 36 13

ANNEX I

Application of the first indent of Article 4(2) of Regulation (EC) No 995/1999

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI D.2 — BEEF AND VEAL SECTOR

APPLICATION FOR IMPORT RIGHTS

Date:

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

Member State:

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

Number
of applicant (1)

Applicant
(name and address)

Quantity imported

1141/96

1042/97

1142/98

Total

Total

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax:

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

Tel.:

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

(1) Continuous numbering.

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EC Fax:

(32 2) 296 60 27/(32 2) 295 36 13

ANNEX II

Application of the second indent of Article 4(2) of Regulation (EC) No 995/1999

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI D.2 — BEEF AND VEAL SECTOR

APPLICATION FOR IMPORT RIGHTS

Date:

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

Member State:

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

Number
of applicant (1)

Applicant
(name and address)

Quantity

Total

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax:

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

Tel.:

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

(1) Continuous numbering.