Commission Regulation (EC) No 1128/1999 of 28 May 1999 laying down detailed rules of application for a tariff quota for calves weighing not more than 80 kilograms originating in certain third countries
Date: 1999-05-28
Institutions: European Commission
Subjects: calf, originating product, tariff quota, third country

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Official Journal of the European Communities

29. 5. 1999

COMMISSION REGULATION (EC) No 1128/1999

of 28 May 1999

laying down detailed rules of application for a tariff quota for calves weighing
not more than 80 kilograms originating in certain third countries

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 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 (1), as last amended by Regulation (EC) No 2435/
98 (2), and in particular Article 8 thereof,

Having regard to Council Regulation (EC) No 1926/96 of
7 October 1996 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 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 (3) and in particular Article 5 thereof,

Having regard to Council Decision 98/677/EC of 18 May
1998 on the conclusion of a Protocol adjusting trade
aspects of the Europe Agreement establishing an associa-
tion between the European Communities and their
Member States, of the one part, and the Republic of
Lithuania, of the other part, to take account of the acces-
sion of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden to the European Union and
the outcome of the Uruguay Round negotiations on agri-
culture, including improvements to the existing preferen-
tial arrangements (4), and in particular Article 2 thereof,

Having regard to Council Decision 1999/86/EC of 18
May 1998 on the conclusion of a Protocol adjusting trade
aspects of the Europe Agreement establishing an associa-
tion between the European Communities and their
Member States, of the one part, and the Republic of
Estonia, of the other part, to take account of the accession
of the Republic of Austria, the Republic of Finland and

(1) OJ L 328, 30.12.1995, p. 31.
(2) OJ L 303, 13.11.1998, p. 1.
(3) OJ L 254, 8.10.1996, p. 1.
(4) OJ L 321, 30.11.1998, p. 1.

the Kingdom of Sweden to the European Union and the
outcome of the Uruguay Round negotiations on agricul-
ture, including improvements to the existing preferential
arrangements (5), and in particular Article 2 thereof,

(1) Whereas Regulations (EC) No 3066/95 and (EC)
No 1926/96 and Decisions 98/677/EC and 1999/
86/EC provide for the opening of a tariff quota for
an annual volume of 178 000 live bovine animals
weighing 80 kilograms or
less originating in
Hungary, Poland,
the Czech Republic, Slovakia,
Romania, Bulgaria, Estonia, Latvia and Lithuania
and benefiting from an 80 % reduction in the rate
of customs duties; whereas it is necessary to adopt,
on a multiannual basis,
for 12-month periods
beginning on 1 July, hereinafter called the ‘year of
import', detailed rules of application; whereas, to
that end, the annual arrangements provided for in
the past for that quota should be applied;

(2) Whereas experience shows that limiting imports
can give rise to speculative import applications;
whereas, in order to guarantee that the planned
measures function correctly, most of the quanti-
tioes available should be reserved for ‘traditional'
importers of live bovine animals; whereas in certain
cases
competent
national body threaten to restrict access by traders
to this part of the quota; whereas there should be
provision to correct any harm caused;

errors by the

administrative

(3) Whereas, so as not to introduce rigidity into trade
relations in the sector, a second allocation should
be made available for traders able to show that they
are carrying out a genuine activity involving trade
in a significant number of animals with third coun-
tries; whereas, in consideration of this and in order
to ensure efficient management, a minimum of 100
animals should be required to have been exported
and/or imported during the 12 months preceding
the year of
in question by the traders
concerned; whereas a batch of 100 animals in prin-
ciple constitutes a normal load; whereas experience
has shown that the sale or purchase of a single
batch is a minimum requirement for a transaction
to be considered real and viable;

import

(5) OJ L 29, 3.2.1999, p. 9.

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(4) Whereas verification of these criteria requires all
applications from the same trader to be submitted
in the Member State where the trader is registered
for VAT purposes;

(5) Whereas, so as to avoid speculation, access to the
quota should be denied to ‘traditional' traders no
longer carrying out an activity in the beef and veal
sector on 1 June preceding the year of import in
question;

(6) Whereas it should be stipulated that import rights
are to be allocated after a reflection period and
where necessary with a fixed percentage reduction
applied;

(7) Whereas, to ensure orderly importation, the issue of
the licences should be staggered over the year of
import;

(8) Whereas the arrangements should be managed
using import licences; whereas, to this end, rules
should be laid down on the submission of applica-
tions and the information to be given on applica-
tions and licences, where necessary by addition of
certain 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 (1), as last
amended by Regulation (EC) No 168/1999 (2), and
of 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 (3), as last
amended by Regulation (EC) No 2648/98 (4);

(9) 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:

Community of live bovine animals falling within CN
codes 0102 90 05, 0102 90 21, 0102 90 29, 0102 90 41 and
0102 90 49 and referred to in Article 1(1)(a) of Council
Regulation (EEC) No 805/68 (5), originating in the coun-
tries listed in Annex I, shall be subject to the manage-
ment measures laid down in this Regulation.

Article 2

1.
Import licences under this Regulation may be issued
on a multiannual basis for periods from 1 July to 30 June
of
the following year (hereinafter called ‘the year of
import'), for individual years of import only for 178 000
animals falling within CN code 0102 90 05 originating in
the countries listed in Annex I.

The quota shall have the serial number 09.4598

2.
For those animals, the ad valorem duty and the
specific duties fixed in the Common Customs Tariff
(CCT) shall be reduced by 80 %.

The annual quantity referred to in paragaph 1 shall

3.
be divided into two parts, as follows:

(a) the first part, equal to 70 %, i.e. 124 600 head, shall
be allocated among importers who can furnish proof
of having imported animals under the quota bearing
serial No 09.4598 during the 36 months preceding
the import year in question.

However, Member States may accept as the reference
quantity import
the preceding year of
import which were not allocated because of an
administrative error by the competent national body.

rights for

(b) the second part, equal to 30 %, i.e. 53 400 head, shall
be allocated among traders who can furnish proof of
having imported and/or exported during the 12
months preceding the year of import in question at
least 100 live bovine animals falling withn CN code
0102 90 apart from those under (a).

Article 1

Traders must be registered for VAT purposes in a Member
State.

With the exception of imports under the tariff quotas for
the importation of 169 000 young male bovine animals
for fattening and 153 000 live bovine animals weighing
into the
between 80 and 300 kilograms,

imports

(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.

4.
The 124 600 head shall be allocated on the basis of
applications for import rights among the eligible impor-
ters in proportion to their imports of animals within the
meaning of
the first subparagraph of paragraph 3(a)
during the period referred to in that point and proven in
accordance with paragraph 6.

(5) OJ L 148, 28.6.1968, p. 24.

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The 53 400 head shall be allocated among the
5.
eligible traders in proportion to the quantities applied for
within the meaning of paragraph 3(b) and proven in
accordance with paragraph 6.

6.
Proof of import and export shall be provided exclu-
sively by means of the customs document of release for
free circulation or the export document duly stamped by
the customs authorities.

Member States may accept copies of the above document
duly certified by the issuing authority where applicants
can prove to the satisfaction of the competent authority
that they were not able to obtain the original documents.

Article 3

1.
Traders who on 1 June preceding the year of import
in question were no longer engaged in any activity in the
beef and veal sector shall not qualify for the allocation
under the first subparagraph of Article 2(3)(a).

2.
Any business formed by the merger of businesses
each having rights under Article 2(4) shall enjoy the same
rights as the businesses from which it was formed.

After verification of the documents presented, Member
States shall
forward to the Commission, by the 10th
working day following the end of the period for the
submission of applications at the latest, the list of appli-
cants and quantities applied for.

All notifications,

4.
an
absence of applications, shall be made by fax, drawn up
on the basis of the models in Annexes II and III hereto.

including notifications of

Article 5

The Commission shall decide to what extent

1.
applications may be accepted.

2.
As regards applications under Article 4(3), where the
quantities applied for exceed the quantities available, the
Commission shall reduce the quantities applied for by a
fixed percentage.

If the reduction referred to in the preceding subparagraph
results in a quantity of less than 100 head per application,
the allocation shall be made by drawing lots, by batches
of 100 head, by the Member States concerned. If the
remaining quantity is less than 100 head, it shall consti-
tute a single batch.

Article 4

Article 6

1.
Applications for import rights may be presented
only in the Member State in which the applicant is regis-
tered for VAT purposes.

1.
Imports of the quantities allocated in accordance
with Article 5 shall be subject to the presentation of one
or more import licences.

2.
For the purposes of the first subparagraph of Article
2(3)(a), traders shall present applications for import rights
to the competent authorities together with the proof
referred to in Article 2(6) by 8 June preceding the year of
import in question at the latest.

After verification of the documents presented, Member
States shall
forward to the Commission, by the 10th
working day following the end of the period for the
submission of applications at the latest, the list of traders
who meet the acceptance conditions, showing in partic-
ular
thier names and addresses and the number of
animals imported during the period referred to in the first
subparagraph of Article 2(3)(a).

For the purposes of Article 2(3)(b), applications for
3.
import rights,
together with the proof referred to in
Article 2(6), must be lodged by traders by 8 June
preceding the year of import in question.

Only one application may be lodged by each applicant.
Where the same applicant lodges more than one applica-
tion all applications from that person shall be invalid.
Applications may not relate to a quantity larger than that
available.

2.
Licence applications may be presented only in the
Member State in which the application for import rights
has been lodged.

allocations

Following notification of

in accordance with Article 5(1),

from the
3.
licences
Commission,
shall be issued, at
traders, up to 31
the request of
December of the year of import for a maximum of 50 %
of the allocated import rights. Import licences for the
remaining quantities for the same year of import shall be
issued from 1 January.

The number of animals for which a licence is issued shall
be expressed in units. Where necessary, numbers shall be
rounded up or down as the case may be.

Licence applications and licences shall contain the

4.
following entries:

(a) in box 8, the indication of the countries referred to in
Annex I; licences shall carry with them an obligation
to import from one or more of the countries indi-
cated;

(b) in box 16, CN subheading 0102 90 05;

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(c) in box 20, the serial number 09.4598 and at least one

of the following:

(cid:190) Reglamento (CE) No 1128/1999
(cid:190) Forordning (EF) Nr. 1128/1999
(cid:190) Verordnung EG) Nr. 1128/1999
(cid:190) Jamomisl(cid:149)r (EJ) aqih. 1128/1999
(cid:190) Regulation (EC) No 1128/1999
(cid:190) R(cid:138)glement (CE) no 1128/1999
(cid:190) Regolamento (CE) n. 1128/1999
(cid:190) Verordening (EG) Nr. 1128/1999
(cid:190) Regulamento (CE) n.o 1128/1999
(cid:190) Asetus (EY) n:o 1128/1999
(cid:190) F(cid:148)rordning (EG) nr 1128/1999.

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

7.
not apply.

Article 7

Imported animals shall qualify for the duties referred to
in Article 1 on presentation of an EUR.1 movement
certificate issued by the exporting country in accordance
with Protocol 4 annexed to the Europe Agreements with
the central European associate countries and Protocol 3
annexed to the Europe Agreements with the Baltic coun-
tries or a declaration drawn up by the exporter in accord-
ance with those Protocols.

Article 8

5.
Import licences issued pursuant to this Regulation
shall be valid for 90 days from their date of issue within
the meaning of Article 21(1) of Regulation (EEC) No
licences may be issued only with
3719/88. However,
effect from 1 July of the year of import and shall expire
not later than 30 June.

Licences

6.
Community.

issued shall be valid throughout

the

Regulations (EEC) No 3719/88 and (EC) No 1445/95
shall apply, subject to the provisions of this Regulation.

Article 9

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

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

Done at Brussels, 28 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

List of third countries

Hungary

Poland

Czech Republic

Slovakia

Romania

Bulgaria

Lithuania

Latvia

Estonia

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ANNEX II

EC fax No:

(32 2) 296 60 27;

(32 2) 295 36 13

Application of Article 4(2) of Regulation (EC) No 1128/1999

Serial No 09.4598

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. No:

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

(1) Continuous numbering.

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ANNEX III

EC Fax:

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

Application of Article 4(3) of Regulation (EC) No 1128/1999

Serial No 09.4598

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. No:

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

(1) Continuous numbering