Commission Regulation (EC) No 1247/1999 of 16 June 1999 laying down detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in certain third countries
Date: 1999-06-16
Institutions: European Commission
Subjects: cattle, import licence, live animal, tariff quota, third country

L 150/18

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Official Journal of the European Communities

17. 6. 1999

COMMISSION REGULATION (EC) No 1247/1999

of 16 June 1999

laying down detailed rules for the application of a tariff quota for live bovine
animals weighing from 80 to 300 kilograms and 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,

(1) Whereas Regulations (EC) No 3066/95 and (EC)
No 1926/96 provide for the opening of a tariff
quota for 153 000 live bovine animals each year,
weighing from 80 to 300 kilograms and originating
in Hungary, Poland, the Czech Republic, Slovakia,
Romania, Bulgaria, Estonia, Latvia and Lithuania
and qualifying for an 80 % reduction in customs
duties; whereas it is necessary to adopt detailed
rules of application, on a multiannual basis, for
12-month periods beginning on 1 July, hereinafter
called the ‘year of import'; whereas, to that end, the
annual arrangements provided for in the past for
that quota should be applied;

countries; whereas, in consideration of this and in
order to ensure efficient management, the traders
concerned should be required to have exported
and/or imported a minimum of 50 animals during
the 12 months preceding the year of import in
question; whereas a consignment of 50 animals in
principle constitutes a normal load; whereas experi-
ence has shown that the sale or purchase of a single
consignment
for a
transaction to be considered real and viable;

is a minimum requirement

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

(4) Whereas, to ensure orderly importation, the issue of
the year of

licences should be staggered over
import;

(5) 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;

(6) 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 (4), as last
amended by Regulation (EC) No 1127/1999 (5), 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 (6), as last
amended by Regulation (EC) No 2648/98 (7);

(2) Whereas, with a view to preventing speculation, the
quantity available should be made accessible to
traders able to show that
they are genuinely
engaged in trade of a significant scale with third

(7) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Beef and Veal,

(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 331, 2.12.1988, p. 1.
(5) OJ L 135, 29.5.1999, p. 48.
(6) OJ L 143, 27.6.1995, p. 35.
(7) OJ L 335, 10.12.1998, p. 39.

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Official Journal of the European Communities

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HAS ADOPTED THIS REGULATION:

Article 1

1.
153 000 live bovine animals falling within CN code
0102 90 21, 0102 90 29, 0102 90 41 or 0102 90 49 and
originating in the third countries listed in Annex II may
be imported each year under this Regulation, on a multi-
annual basis for periods from 1 July to 30 June of the
following year (hereinafter called the ‘year of import').

This tariff quota shall have the serial number 09.4537.

The ad valorem customs duty and the specific
2.
customs duties on those animals as fixed in the common
customs tariff (CCT) shall be reduced by 80 %.

Article 2

1.
To be eligible under the quota provided for in
Article 1, applicants must be natural or legal persons and
must prove to the satisfaction of the competent authori-
ties of the Member State concerned, at the time they
submit their applications, that they have imported and/or
exported at least 50 animals covered by CN code 0102 90
during the 12 months prior
import
concerned; applicants must be listed in a national VAT
register.

to the year of

2.
Proof of import and export shall be furnished exclu-
sively by means of the customs document of release for
free circulation or the export document, duly endorsed by
the customs authorities.

The Member States may accept copies of the documents
referred to above, duly certified by the issuing authority,
where applicants can prove to the satisfaction of
the
competent authority that it is impossible for them to
obtain the originals.

Article 3

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

2.
Applications for import rights:
 must cover at least 50 animals, and
 may not cover more than 10 % of the quantity avail-

able.

4.
Applicants may lodge no more than one application
each. Where the same applicant lodges more than one
application, all applications from that applicant shall be
inadmissible.

After verification of

5.
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,
shall be
forwarded by fax using the model form in Annex I hereto
in cases where applications have actually been submitted.

including

returns,

‘nil'

Article 4

1.
The Commission shall decide as soon as possible
what percentage of quantities, covered by applications
may be imported.

2.
If the quantities covered by applications as referred
to in Article 3 exceed those available, the Commission
shall fix a single percentage reduction to be applied to the
quantities applied for.

Where the application of the reduction provided for in
the first subparagraph gives a figure of less than 50 head
per application, the quantity available shall be awarded by
the Member States concerned by drawing lots for import
rights covering 50 head each. Where the remainder is less
than 50 head, a single import right shall be awarded for
that quantity.

Article 5

The quantities awarded shall be imported subject to

1.
presentation of one or more import licences.

2.
Licence applications may be lodged only in the
Member State where the application for the import right
is submitted.

Licence applications and licences shall show the

3.
following:

(a) in box 8, one or more of the countries listed in Annex
II; licences shall carry with them an obligation to
import from one or more of the countries indicated;

Where applications exceed this quantity, the excess shall
be disregarded.

(b) in box 16, one of the following groups of Combined
Nomenclature subheadings within the same indent:

Applications for import rights may be lodged only

3.
until 30 June before the year of import concerned.

 0102 90 21; 0102 90 29,
 0102 90 41; 0102 90 49;

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Official Journal of the European Communities

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(c) in box 20, the serial number 09.4537 and at least one

of the following:
 Reglamento (CE) no 1247/1999
 Forordning (EF) nr. 1247/1999
 Verordnung (EG) Nr. 1247/1999
 Κανονισµ(cid:8)(cid:9) (ΕΚ) αριθ. 1247/1999
 Regulation (EC) No 1247/1999
 Règlement (CE) no 1247/1999
 Regolamento (CE) n. 1247/1999
 Verordening (EG) nr. 1247/1999
 Regulamento (CE) n.o 1247/1999
 Asetus (EY) N:o 1247/1999
 Förordning (EG) nr 1247/1999.

allocations

Following notification of

4.
from the
Commission under Article 4(1), licences shall be issued
up to 31 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.

Import

licences

issued in accordance with this
5.
Regulation shall be valid for 90 days from their date of
issue within the meaning of Article 21(2) of Regulation
(EEC) No 3719/88. However, licences shall not be valid
after 30 June of the year of import.

Licences

6.
Community.

issued shall be valid throughout

the

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

7.
not apply. To that end, the figure ‘0'
entered in box 19 of licences.

Article 6

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

Article 7

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

Article 8

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, 16 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

L 150/21

EC Fax:

(32 2) 296 60 27

ANNEX I

Application of Regulation (EC) No 1247/1999

Serial No 09.4537

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

Total

Member State:

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

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

Tel. No:

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

(1) Continuous numbering

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ANNEX II

List of third countries

Hungary

Poland

Czech Republic

Slovakia

Romania

Bulgaria

Lithuania

Latvia

Estonia