Commission Regulation (EC) No 1431/1999 of 30 June 1999 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening (1 July 1999 to 30 June 2000)
Date: 1999-06-30
Institutions: European Commission
Subjects: CCT duties, cattle, fattening, import, live animal, tariff quota

1. 7. 1999

EN

Official Journal of the European Communities

L 166/49

COMMISSION REGULATION (EC) No 1431/1999

of 30 June 1999

opening and providing for the administration of an import tariff quota for young
male bovine animals for fattening (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 under schedule CXL the Community
undertook to open an annual import tariff quota of
169 000 head of young male bovine animals for
fattening; whereas the rules for the application of
that quota should be established for the period l
July 1999 to 30 June 2000;

(2) Whereas the supply requirements of certain regions
of the Community which have a serious shortfall of
bovine animals for fattening should be taken into
account; whereas,
are
apparent particularly in Italy and Greece, priority
should be given to satisfying demand in those two
Member States;

requirements

those

as

(3) Whereas there should be a guarantee in particular
of equal and continuing access to the said quota for
all interested traders within the Community and of
uninterrupted application of
the customs duties
laid down for those quotas to all imports of the
animals in question until the quota is exhausted;

(4) Whereas in view of the actual market situation, a
method of management should be applied which is
comparable to that used in the past for quotas
in
bearing the same serial number,
particular, a continuation of the method of alloca-
tion between traditional
importers and traders
actively involved in trade in live animals with third
countries;

involving,

(5) Whereas it should be stipulated that the arrange-
ments are to be managed using import licences;
whereas to that end rules should be laid down on

submission of applications and the information to
-where
be given on applications and licences,
applicable by waiving or supplementing 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 certain agricultural prod-
ucts (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 applica-
tion 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);

(6) Whereas the application of this tariff quota requires
effective checks on the specific destination of
imports; whereas, therefore, the animals must be
fattened in the Member State which issued the
import licence;

(7) Whereas a security should be lodged in order to
guarantee that the animals are fattened for at least
120 days in designated production units; whereas
the amount of this security should cover the differ-
ence between the common customs tariff (CCT)
duty and the reduced duty applicable on the date of
release for free circulation of the animals in ques-
tion;

(8) Whereas the Management Committee for Beef and
Veal has not delivered an opinion within the time
limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article l

1.
A tariff quota of 169 000 young male bovine animals
falling within CN codes 0102 90 05, 0102 90 29 or
0102 90 49 and intended for fattening in the Community
is hereby opened for the period l July 1999 to 30 June
2000.

The serial number of the quota shall be 09.4005.

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

L 166/50

EN

Official Journal of the European Communities

1. 7. 1999

The customs import duty applicable to the quota
2.
referred to in paragraph l shall be EUR 582/t plus 16 %
ad valorem.

Application of this rate of duty shall be conditional upon
the fattening of the imported animals in the Member
State of importation for a period of at least 120 days.

Article 2

1.
Import rights for the quantities referred to in Article
1 (1) shall be allocated to the Member States as follows:

a) Italy:
b) Greece:
c) other Member States

143 650 head
21 970 head
3 380 head

2. Within each of the quantities referred to in para-
graph l (a) and (b), import rights relating to:
 80 % of the quantity shall be allocated upon applica-
tion directly to importers who furnish proof of having
imported animals under the Regulations referred to in
Annex I; the number of head shall be allocated in
proportion to the number of head imported under the
Regulations in question,
the quantities

shall be allocated upon
application directly to traders who furnish proof
that.in 1998 they exported to and/or imported from
third countries at least 50 live animals falling within
CN code 0102 90, excluding imports under the Regu-
lations referred to in Annex I.

 20 % of

Traders must be entered in the national value added tax
(VAT) register.

Applications for import rights shall be presented:
 in Italy for the quantities referred to in paragraph 1

(a),

 in Greece for the quantities referred to in paragraph l

(b).

3.
The quantities referred to in paragraph l (c) shall be
allocated upon application to traders who furnish proof
that in 1998 they exported to and/or imported from third
countries at least 50 live animals falling within CN code
0102 90.

Applications for import rights for the quantities referred
to in the first subparagraph shall be presented in the
Member State, other than Italy and Greece, where the
applicant
is entered in the national value added tax
register.

4.
The quantities referred to in the second indent of
the first subparagraph of paragraph 2 and in paragraph 3
shall be allocated to each eligible trader in proportion to
the quantities applied for.

Member States may accept copies of those documents
duly certified by the competent authorities.

Article 3

1.
Traders who were no longer engaged in trade in live
bovine animals on 1 June 1999 shall not qualify for the
arrangements provided for in this Regulation.

2.
Companies arising from mergers where each constit-
uent part has rights pursuant to the first subparagraph of
Article 2(2) shall enjoy the same rights as the companies
from which they are formed.

Article 4

1. No application for import rights shall exceed the
number of head available.

Where, under any one category referred to in Article 2(2)
and (3), an applicant submits more than one application,
all such applications shall be rejected.

2.
For the purposes of Article 2(2) and (3), applications
accompanied by the necessary proofs must reach the
competent authorities not later than 12 July 1999.

3.
As regards applications under Article 2(3), after veri-
fication of the documents presented, Member States shall
forward to the Commission by 19 July 1999 at the latest.
a list of applicants and quantities applied for using the
form set out in Annex Il.

The Commission shall decide as soon as possible to what
extent applications may be accepted. Where the quant-
ities applied for exceed the quantities available,
the
Commission shall fix a single percentage reduction to be
applied to the quantities applied for.

Where the application of the uniform percentage reduc-
tion provided for in the second subparagraph results in
less than 50 head being allocated per application, the
allocation shall be made by the Member States concerned
by drawing lots for batches of 50 head. Where the
remainder is less than 50 head, that number shall consti-
tute a single batch.

4.
As regards applications under Article 2(2), after veri-
fication of the documents presented, Italy and Greece
shall forward to the Commission by 26 July 1999 at the
latest a list of applicants and quantities applied for using
the forms set out in Annexes II and III.

Article 5

5.
Proof of import and/or export shall be provided
solely by means of customs docurnents of release for free
circulation or export documents.

Any import of animals for which import rights have
to presentation of an

1.
been allocated shall be subject
import licence.

1. 7. 1999

EN

Official Journal of the European Communities

L 166/51

The provisions of Regulations (EEC) No 3719/88
2.
and (EC) No 1445/95 shall apply, subject to the provi-
sions of this Regulation.

The animals covered by this Regulation shall be
issues the import

2.
fattened in the Member State that
licence.

3.

Licence applications may be lodged solely:

 in the Member State where the application for import

rights was lodged, and

 by the traders to whom import rights have been allo-

cated in accordance with Articles 2 and 4.

4.
Licences shall be issued up to 30 November 1999
for a maximum of 50 % of the allocated import rights.
licences for the remaining quantities shall be
Import
issued from 1 December 1999.

5.

Licence applications and licences shall contain:

(a) in box 8, the country of origin;

(b) in box 16, one of the eligible CN codes;

(c) in box 20, the following particulars:

‘Live male bovine animals of a live weight not
exceeding 300 kg per head (Regulation (EC) No 1431/
1999).'.

Except in cases of force majeure, the security shall
3.
be released only if proof is furnished to the competent
authority of the Member State that issued the licence that
the young bovine animals:

(a) have been fattened on the farm or farms indicated

pursuant to paragraph 1;

(b) have not been slaughtered before the expiry of a
period of 120 days from the date of importation;

or

(c) have been slaughtered before the expiry of that period
for health reasons or have died as a result of sickness
or accident.

The security shall be released immediately after such
proof has been furnished.

However, where the time limit referred to in paragraph 1,
first indent, has not een o served, the amount of the
security to be released shall be reduced by:

 15 %,and by

Article 6

 2 % of the remaining amount for each day by which

it has been exceeded.

1. Notwithstanding Article 3 of Regulation (EC) No
1445/95, import licences shall be valid for 120 days from
their date of issue within the meaning of Article 21 (2) of
Regulation (EEC) No 3719/88. However, no licences shall
be valid after 30 June 2000.

2.

Licences shall be valid throughout the Community.

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

3.
not apply.

Article 7

The amounts not released shall be forfeited and retained
as customs duty.

4.
If the proof referred to in paragraph 3 is not furn-
ished within 180 days from the date of importation, the
security shall be forfeit and retained as customs duty.

However, if such proof has not been furnished within 180
days but is produced within six months following the said
period of 180 days, the amount forfeited, less 15 % of the
security amount, shall be repaid.

At

1.
provide proof that he has:

the time of

importation,

the importer shall

Article 8

 given a written undertaking to inform the competent
authority of the Member State that issued the licence
within one month of the farm or farms where the
young animals are to be fattened,

 lodged a security, the amount of which is laid down
for each eligible CN code in Annex IV, with the
competent authority of the Member State that issued
the licence guaranteeing that the animals imported
will be fattened in that Member State for a period of at
least 120 days from the date of importation.

1. Quantities not covered by import licence applica-
tions on 29 February 2000 shall be awarded under a
further allocation, irrespective of the allocation of import
rights between Member States referred to in Article 2(1)
and of the two different schemes provided for in the first
and second indents of Article 2(2).

2.
To that end, by 7 March 2000 the Member States
shall send the Commission details of quantities not
covered by import licence applications received.

L 166/52

EN

Official Journal of the European Communities

1. 7. 1999

The Commission shall take a decision as quickly as

3.
possible as regards the quantities remaining.

remaining shall be

allocated upon
4. Quantities
application from traders proving that
in 1998 they
exported to and/or imported from third countries at least
50 live animals falling within CN code 0102 90.

Applications for import rights shall be presented in the
Member State where the applicant
is entered in the
national value added tax register.

For the purposes of applying this Article, Articles 4
5.
to 7 shall apply mutatis mutandis. However, the dates
mentioned in Article 4(2) and (3) are replaced by 31
March 2000 and 7 April 2000 respectively.

Article 9

This Regulation shall enter into force on 1 July 1999.

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

Done at Brussels, 30 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Regulations referred to in Article 2(2)

Commission Regulations:

 (EC) No 1119/96 (OJ L 149, 22.6.1996, p. 4),

 (EC) No 1376/97 (OJ L 189, 18.7.1997, p. 3),

 (EC) No 1043/98 (OJ L 149, 20.5.1998, p. 7).

1. 7. 1999

EN

Official Journal of the European Communities

L 166/53

Fax:

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

ANNEX II

Application of Article 4(3) and (4) of Regulation (EC) No 1431/1999

Serial number 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2 — BEEF/VEAL

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

L 166/54

EN

Official Journal of the European Communities

1. 7. 1999

Fax:

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

ANNEX III

Application of Article 4(4) of Regulation (EC) No 1431/1999

Serial number 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG VI/D/2  BEEF/VEAL

IMPORT RIGHTS APPLICATION

Date:

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

Member State:

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

Number of
applicant (1)

Applicant (name and address)

Quantity imported
(head)

Total

1119/96

1376/97

1043/98

Total

Member State:

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

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

Tel. No:

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

(1) Continuous numbering

1. 7. 1999

EN

Official Journal of the European Communities

L 166/55

ANNEX IV

SECURITY AMOUNTS

Male bovine animals for fattening
(CN code)

0102 90 05

0102 90 29

0102 90 49

Amount
(EUR/head)

35

70

130