Commission Regulation (EC) No 1081/1999 of 26 May 1999 opening and providing for the administration of tariff quotas for imports of bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds, repealing Regulation (EC) No 1012/98 and amending Regulation (EC) No 1143/98
Date: 1999-05-26
Institutions: European Commission
Subjects: bull, cow, heifer, import licence, tariff quota

27. 5. 1999

EN

Official Journal of the European Communities

L 131/15

COMMISSION REGULATION (EC) No 1081/1999

of 26 May 1999

opening and providing for the administration of tariff quotas for imports of
bulls, cows and heifers other than for slaughter of certain Alpine and mountain
breeds, repealing Regulation (EC) No 1012/98 and amending Regulation (EC) No
1143/98

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 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 auto-
nomous 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 Nego-
tiations (3), as last amended by Regulation (EC) No 2435/
98 (4), and in particular Article 8 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 (5), and in
particular Article 1(1) thereof,

(1) Whereas, in the framework of the World Trade
Organisation (WTO), the Community has under-
taken to open two annual tariff quotas each for
5 000 head for bulls, cows and heifers other than
for slaughter of the mottled Simmental breed and
of the Schwyz and Fribourg breeds and for cows
and heifers other than for slaughter of the grey,
brown, yellow and mottled Simental breeds and of
the Pinzgau breed at rates of customs duty of 6 %
and 4 % respectively; whereas those quotas should
be opened on a multiannual basis for twelve-month
periods commencing on 1 July, hereinafter referred
to as ‘the year of import', and detailed rules should
be laid down for their application;

(2) Whereas there should be a guarantee in particular
of equal and continuing access to the said quotas
for all interested operators within the Community

and of uninterrupted application of the customs
duties laid down for those quotas to all imports of
the animals
the quotas are
exhausted;

in question until

(3) Whereas experience has

shown that

limiting
imports may lead to speculative import
licence
applications; whereas, in order to ensure that the
planned measures function properly, the greater
part of the quantities available should be allocated
to ‘traditional' importers of bulls, cows and heifers
of specified Alpine and mountain breeds; whereas
administrative errors by the
in certain cases
competent national body are liable to restrict the
access of
the quota;
importers to that part of
whereas provision should be made to remedy any
resulting prejudice;

(4) Whereas, in order to avoid forcing trade relations in
this sector into an excessively rigid mould, a second
tranche should be made available to importers who
are able to show that they are engaged in genuine
trade of some scale with third countries; whereas, in
this connection and with a view to efficient
the operators concerned must be
management,
required to have imported at least 15 head in the
12 months preceding the year of import in ques-
tion; whereas a batch of 15 animals in principle
constitutes a normal
load and experience shows
that the sale or purchase of a single batch is a
minimum requirement
for a transaction to be
considered genuine and viable;

(5) Whereas, with a view to verifying compliance with
these criteria, applications must be submitted in
the Member State where the importer is registered
for VAT purposes;

(6) Whereas, in order to prevent speculation,

‘tradi-
tional' operators no longer engaged in trade in beef
and veal at 1 June prior to the year of import in
question should be denied access to the quota;

(1) OJ L 148, 28.6.1968, p. 24.
(2) OJ L 210, 28.7.1998, p. 17.
(3) OJ L 328, 30.12.1995, p. 31.
(4) OJ L 303, 13.11.1998, p. 1.
(5) OJ L 146, 20.6.1996, p. 1.

(7) Whereas provision should be made for import
rights to be allocated after a period of consideration
and subject, where applicable, to the application of
a uniform percentage reduction;

L 131/16

EN

Official Journal of the European Communities

27. 5. 1999

(8) Whereas provision should be made for the arrange-
ments to be administered by means of
import
licences; whereas, to that end, provision should be
made in particular for detailed rules on the way
applications are to be submitted and on the
particulars to be shown in applications and on
licences, if necessary by way of derogation from, or
by supplementing, certain provisions of Commis-
sion Regulation (EEC) No
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 (1), as last amended by
Regulation (EC) No 1044/98 (2), 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 (3), as last amended by
Regulation (EC) No 2365/98 (4);

3719/88

of

for slaughter, of certain Alpine and mountain
breeds (7), as amended by Regulation (EC) No
1143/98 (8), must be repealed;

than for

(11) Whereas, with a view to ensuring that the animals
imported are not slaughtered for a certain period,
Article 7(2) and (3) of Commission Regulation (EC)
No 1143/98 of 2 June 1998 laying down detailed
rules for a tariff quota for cows and heifers of
specified mountain breeds originating in various
third countries, other
slaughter, and
amending Regulation (EC) No 1012/98 provides
for the animals imported to be identified in accord-
ance with Council Regulation (EC) No 820/97 of
21 April 1997 establishing a system for the identifi-
cation and registration of bovine animals and
regarding the labelling of beef and beef prod-
ucts (9)
and for certain additional particulars;
already
whereas,
compulsory, the two paragraphs in question should
be deleted;

those particulars

since

are

(9) Whereas Article 82 of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (5), as last amended by
Regulation (EC) No 82/97 (6), provides for customs
supervision of goods released for free circulation at
a reduced rate of duty on account of their end-use;
whereas the animals imported should be monitored
for a certain period to ensure they are not slaugh-
tered during that time; whereas, in order to ensure
take place during that
that slaughter does not
period, a security should be required to cover the
difference between the common customs tariff
(CCT) duty and the reduced duty applicable on the
date of release for free circulation of the animals in
question;

(12) Whereas, for the sake of clarity, Article 2(1)(a) and
Article 8(c) of Regulation (EC) No 1143/98 should
be corrected;

(13) 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

(10) Whereas Commission Regulation (EC) No 1012/98
of 14 May 1998 opening and providing for the
administration of tariff quotas for the import of
bulls, cows and heifers, other than those intended

1.
The following tariff quotas are hereby opened on a
multiannual basis for periods running from 1 July to 30
June of the following year, each of which shall hereinafter
be referred to as ‘the year of import'.

Serial
No

CN code
(1)

Description

09.0001

ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69

Cows and heifers other than for slaughter
of
the following mountain breeds: grey,
brown, yellow and mottled Simmental
breeds and Pinzgau breed

Quota
volume
(head of cattle)

Customs
duty

5 000

6 %

(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 19, 26.1.1999, p. 4.
(3) OJ L 143, 27.6.1995, p. 35.
(4) OJ L 335, 10.12.1998, p. 39.
(5) OJ L 302, 19.10.1992, p. 1.
(6) OJ L 119, 7.5.1999, p. 1.

(7) OJ L 145, 15.5.1998, p. 13.
(8) OJ L 159, 3.6.1998, p. 14.
(9) OJ L 117, 7.5.1997, p. 1.

27. 5. 1999

EN

Official Journal of the European Communities

L 131/17

Serial
No

CN code
(1)

Description

than for
Bulls, cows and heifers other
slaughter of the following breeds: mottled
Simmental breed and Schwyz and Fribourg
breeds

09.0003

ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69
ex 0102 90 79

(1) Taric code: see Annex I.

Quota
volume
(head of cattle)

Customs
duty

5 000

4 %

For the purposes of

this Regulation, animals as
2.
referred to in paragraph 1 shall be deemed to be not for
slaughter where they are not slaughtered within four
months of the date of acceptance of the declaration of
release for free circulation.

Derogations may, however, be granted in duly proven
cases of force majeure.

animals as referred to in the first subparagraph of para-
graph 1(a) during the 36 months preceding the year of
import in question.

3. On the basis of the applictions submitted for import
rights, the second part shall be allocated to the various
importers as referred to in paragraph 1(b) in proportion to
the quantities applied for by them.

To qualify under the tariff quota covered by serial

3.
No 09.0003, the following must be presented:

Applications for import rights:

(cid:190) for bulls: a pedigree certificate,

(cid:190) for female animals: a pedigree certificate or a certifi-
cate of registration in a herdbook certifying the purity
of the breed.

Article 2

1.
The two quotas provided for in Article 1(1) shall be
divided into two parts of 80 %, i.e. 4 000 head, and 20 %,
i.e. 1 000 head.

(a) The first part, equalling 80 %, of each quota shall be
divided among Community importers who are able to
furnish proof that they have imported animals under
the quotas covered by serial No 09.0001 and/or No
09.0003 in the 36 months preceding the year of
import in question.

However, the Member States may accept as a reference
quantity import rights in respect of the previous year
of import that have not been allocated because of an
administrative error by the competent national body.

(b) The second part, equalling 20 %, of each quota shall
be reserved for applicants who can furnish proof that
they have imported at least 15 live bovine animals
covered by CN code 0102 from third countries in the
12 months prior to the year of import in question.

(cid:190) must cover 15 head or more, and

(cid:190) may not cover more than 50 head.

Applications for import rights covering more than 50
head shall be treated as covering that number only.

Proof of import shall be provided exclusively by
4.
means of customs documents of release for free circula-
tion duly endorsed by the customs authorities.

Member States may accept copies of the above documents
duly certified by the issuing authority where applicants
are able to prove to the satisfaction of the competent
authority that they are unable to obtain the originals.

Article 3

Importers who at 1 June prior to the year of import
1.
in question have ceased their activities in the beef and
veal sector shall not qualify for any allocation under the
first subparagraph of Article 2(1)(a).

2.
Companies formed by the merger of undertakings
each having rights pursuant to Article 2(2) shall enjoy the
same rights as the undertakings from undertakings from
which they have been formed.

Importers must be entered in a national VAT register.

Article 4

2. On the basis of
import rights,
various

the applications submitted for
the first part shall be allocated to the
imports of

in proportion to their

importers

Applications

1.
rights may only be
import
submitted in the Member State where the applicant is
entered in a national VAT register.

for

L 131/18

EN

Official Journal of the European Communities

27. 5. 1999

Applicants may submit only one application each
2.
per quota and that application shall relate to one part of
the quota only.

Where an applicant submits more than one application in
respect of a quota, all applications from that applicant in
respect of that quota shall be considered invalid.

3.
For the purposes of Article 2(1)(a) and (b), applicants
rights in respect of each serial number,
for
import
together with the proof referred to in Article 2(4), must
reach the competent authorities by 15 June prior to the
relevant year of import.

After

verifying the documents

4.
the
Member States shall send the Commision the following
by the 10th working day following the closing date for
the submission of applications in respect of each serial
number:

submitted,

(cid:190) as regards the allocation provided for in the first
subparagraph of Article 2(1)(a), the list of importers
meeting the conditions for acceptance, with their
names and addresses and the numbers of animals
imported during the period referred to in Article 2(2),

(cid:190) as regards the allocation provided for in Article 2(1)(b),
the list of applicants, with their names and addresses
and the quantities applied for.

5.
All notifications, including nil notifications, shall be
sent by fax, using the forms in Annexes II and III where
applications are submitted.

Article 5

The Commission shall decide what percentage of

1.
quantities applied for may be allocated.

2.
As regards applications as referred to in the second
indent of Article 4(4), where the quantities applied for
exceed the quantities available, the Commission shall set
a uniform percentage reduction in the quantities applied
for.

Where the application of the uniform percentage reduc-
tion provided for in the first subparagraph results in less
than 15 head being allocated per application, the alloca-
tion shall be made by the Member States concerned by
drawing lots for batches of 15 head. Where the remainder
is less than 15 head, that number shall constitute a single
batch.

Article 6

Imports of the quantities allocated shall be subject

1.
to the presentation of one or more import licences.

2.
Import licence applications may only be submitted
to the competent authority of the Member State in which
the applicant has applied for import rights.

After the Commission has notified the quantities
3.
allocated pursuant to Article 5(1), import licences shall be
issued on application by and in the names of the traders
who have obtained import rights.

4.
Import licences shall be valid for 90 days from their
date of issue within the meaning of Article 21(1) of Regu-
lation (EEC) No 3719/88. However, licences may only be
issued from 1 July of the year of import and their term of
validity shall not extend beydond 30 June thereafter.

Licences

5.
Community.

issued shall be valid throughout

the

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

import

licences issued pursuant

7. Notwithstanding Article 9(1) of Regulation (EEC)
No 3719/88,
to this
Regulation shall not be transferable and shall only confer
rights under the tariff quotas where they are made out in
the names appearing in the accompanying declarations of
release for free circulation.

Article 8(4) of Regulation (EEC) No 3719/88 shall

8.
not apply.

Article 7

1.
Imported animals shall be monitored in accordance
with Article 82 of Regulation (EEC) No 2913/92 to ensure
that they are not slaughtered within four months of their
release for free circulation.

2. With a view to ensuring that the obligation referred
to in paragraph 1 not to slaughter imported animals is
fulfilled and that duties not paid are collected where that
obligation is not complied with, importers must lodge a
security with the competent customs authorities. The
to the difference between the
security shall be equal
customs duties laid down in the common customs tariff
and the duties referred to in Article 1(1) applicable on the
date of release for free circulation of the animals in ques-
tion.

The securities shall be released immediately where proof
is supplied to the customs authorities concerned that the
animals:

(a) have not been slaughtered within the four months
following the date of their release for free circulation,

or

(b) have been slaughtered within that period for reasons
of force majeure or for health reasons or have died of
disease or as a result of an accident.

Article 8

Licence applications and licences shall show:

27. 5. 1999

EN

Official Journal of the European Communities

L 131/19

(a) in box 8, the country of origin; licences shall carry an

obligation to import from that country;

(b) in box 16, the CN codes given in Annex I;

(c) in box 20, one of the following:

(cid:190) Razas alpinas y de monta(cid:157)a [Reglamento (CE) no

1081/1999], a(cid:157)o de importaci(cid:155)n:

. . .

(cid:190) Alpine racer og bjergracer (forordning (EF) nr.
. . .
(cid:190) H(cid:148)henrassen (Verordnung (EG) Nr. 1081/1999),

1081/1999), import(cid:134)r:

Einfuhrjahr:

. . .

(cid:190) Akpij(cid:146)r jai oqes(cid:148)bier vuk(cid:146)r [jamomisl(cid:149)r (EJ) aqih.

1081/1999], (cid:146)tor eisacyc(cid:147)r . . .

(cid:190) Alpine and mountain breeds (Regulation (EC) No

1081/1999), Year of import:

. .

.

(cid:190) Races alpines et de montagne [r(cid:138)glement (CE) no

1081/1999], ann(cid:130)e d’importation:

. . .

(cid:190) Razze alpine e di montagna [regolamento (CE) n.

1081/1999], anno d’importazione:

. . .

(cid:190) Bergrassen (Verordening (EG) nr. 1081/1999),

invoerjaar:

. . .

(cid:190) Ra(cid:135)as alpinas e de montanha [Regulamento (CE)

n.o 1081/1999], ano de importa(cid:135)(cid:209)o:

. . .

for

Applications

reach the
import
6.
competent authorities within five working days of the
entry into force of the Commission decision referred to in
paragraph 3.

rights must

7.
By the seventh working day following the closing
date for the submission of applications as provided for in
paragraph 6, the Member States shall send the Commis-
sion a list of applicants and the quantities applied for in
respect of each serial number.

For the purposes of this Article, Articles 5 to 8 shall

8.
apply mutatis mutandis.

Article 10

Regulation (EC) No 1012/98 is repealed.

Article 11

Regulation (EC) No 1143/98 is amended as follows:

1. The second subparagraph of Article 2(1)(a) is replaced

(cid:190) Alppi- ja vuoristorotuja (Asetus (EY) N:o 1081/

by the following:

1999), tuontivuosi:
(cid:190) Alp- och bergraser
. . .
1999), import(cid:134)r:

. . .

(f(cid:148)rordning (EG) nr 1081/

‘However, the Member States may accept as the refer-
ence quantity import rights in respect of the preceding
year of import that were not allocated owing to an
administrative error by the competent national body.'

Article 9

2. Article 7(2) and(3) are deleted.

1. Quantities not covered by import licence applica-
tions at 15 March of the year of import shall be awarded
under a final allocation in respect of that year, open only
to importers who have applied for
licences
covering the total quantity to which they are entitled,
irrespective of the difference between the two arrange-
ments provided for in Article 2(1)(a) and (b).

import

2.
To that end, by 22 March of the year of import the
Member States shall send the Commission details of
quantities not covered by import
licence applications
received in respect of each serial number.

The Commission shall take a decision as quickly as

3.
possible as regards the quantities remaining.

Applications

from interested
import
4.
importers as referred to in paragraph 1 must relate to 15
head.

rights

for

Where applications are submitted for a higher number,
they shall be treated as covering that number only.

Each applicant may submit a single application only

5.
per quota.

Where applicants submit more than one application per
quota, all their applications in respect of that quota shall
be inadmissible.

3. Article 8(c) is replaced by the following:

‘(c) in box 20, one of the following:

(cid:190) Razas de monta(cid:157)a [Reglamento (CE) no 1143/

98], a(cid:157)o de importaci(cid:155)n:

. . .

(cid:190) Bjergracer
import(cid:134)r:

. .

(forordning
.

(EF) nr.

1143/98),

(cid:190) H(cid:148)henrassen (Verordnung (EG) Nr. 1143/98),

Einfuhrjahr:

. . .

(cid:190) Oqes(cid:148)bier vuk(cid:146)r [jamomisl(cid:149)r (EJ) aqih.], (cid:146)tor

eisacyc(cid:147)r . . .

(cid:190) Mountain breeds (Regulation (EC) No 1143/

98), Year of import:

. . .

(cid:190) Races de montagne [r(cid:138)glement (CE) no 1143/

98], ann(cid:130)e d’importation:

. . .

(cid:190) Razze di montagna [regolamento (CE) n. 1143/

98], anno d’importazione:

. . .

(cid:190) Bergrassen (Verordening (EG) nr. 1143/98),

invoerjaar:

. . .

(cid:190) Ra(cid:135)as de montanha [Regulamento (CE) n.o

1143/98], ano de importa(cid:135)(cid:209)o:

. . .

(cid:190) Vuoristorotuja (Asetus (EY) N:o 1143/98), tuon-

tivuosi:

. . .

(cid:190) Bergraser
import(cid:134)r:

(f(cid:148)rordning

(EG)

nr

1143/98),

. . .”

L 131/20

EN

Official Journal of the European Communities

27. 5. 1999

Article 12

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

However, Article 10 shall apply from 1 July 1999 only.

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

Done at Brussels, 26 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission

27. 5. 1999

EN

Official Journal of the European Communities

L 131/21

ANNEX I

Taric codes

Serial No

CN codes

Taric codes

09.0001

ex 0102 90 05

0102 90 05 * 20

* 40

ex 0102 90 29

0102 90 29 * 20

* 40

ex 0102 90 49

0102 90 49 * 20

ex 0102 90 59

0102 90 59 * 11

* 40

* 19

* 31

* 39

ex 0102 90 69

0102 90 69 * 10

* 30

09.0003

ex 0102 90 05

0102 90 05 * 30

* 40

* 50

ex 0102 90 29

0102 90 29 * 30

* 40

* 50

ex 0102 90 49

0102 90 49 * 30

* 40

* 50

ex 0102 90 59

0102 90 59 * 21

* 29

* 31

* 39

ex 0102 90 69

0102 90 69 * 20

* 30

ex 0102 90 79

0102 90 79 * 21

* 29

L 131/22

EN

Official Journal of the European Communities

27. 5. 1999

ANNEX II

EC Fax No (32-2) 296 60 27/(32-2) 295 36 13

Application of the first indent of Article 4(4) of Regulation (EC) No 1081/1999

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT RIGHTS APPLICATION

Date:

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

Member State:

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

Number of applicant (1)

Applicant (name and address)

Quantity (head) imported from

to

Total

Member State: Fax No:

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

Tel.:

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

(1) Continuous numbering.

27. 5. 1999

EN

Official Journal of the European Communities

L 131/23

ANNEX III

EC Fax No (32-2) 296 60 27/(32-2) 295 36 13

Application of the second indent of Article 4(4) of Regulation (EC) No 1081/1999

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF AND VEAL SECTOR

IMPORT RIGHTS APPLICATION

Date:

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

Member State:

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

Number of applicant (1)

Applicant (name and address)

Quantity (head)

Total

Member State: Fax No:

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

Tel.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Continuous numbering.