Commission Regulation (EC) No 885/2000 of 28 April 2000 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening (1 July 2000 to 30 June 2001)
Date: 2000-04-28
Institutions: European Commission
Subjects: cattle, fattening, import, import policy, tariff quota

29.4.2000

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 885/2000

of 28 April 2000

opening and providing for the administration of an import tariff quota for young male bovine
animals for fattening (1 July 2000 to 30 June 2001)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(7) With a view to using up quota quantities completely, a
closing date should be set for the submission of import
licence applications and provision should be made for a
further allocation of quantities not covered by licence
applications submitted by that date.

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 32(1) thereof,

(8)

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

import

Under schedule CXL the Community undertook to open
tariff quota for 169 000 head of
an annual
young male bovine animals for fattening. The rules for
applying that quota for the period 1 July 2000 to 30
June 2001 should be laid down.

The supply requirements of certain regions of
the
Community which have a serious shortfall of bovine
animals for fattening should be taken into account. As
those requirements are particularly evident in Italy and
Greece, priority must be given to satisfying demand in
those two Member States.

There should be a guarantee in particular of equal and
interested
continuing access to the said quota for all
traders within the Community and of uninterrupted
application of the customs duties laid down for the
quota to all imports of the animals in question until the
quota is used up.

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 bearing the same serial
number, involving, in particular, a continuation of the
method of allocation between traditional importers and
traders actively involved in trade in live animals with
third countries.

those criteria call

for applications to be
Checks of
submitted in the Member State where the trader is
entered in the value added tax (VAT) register.

In order to prevent speculation, import licences should
be issued to traders solely for the quantities for which
they have been allocated import rights.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 146, 20.6.1996, p. 1.

Provision should be made for the arrangements to be
managed using import licences. To that end rules should
be laid down in particular on the way applications are to
be submitted and the information to be shown in
applications and licences, where 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 products (3), as
last amended by Regulation (EC) No 1127/1999 (4), 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 Regula-
tion (EEC) No 2377/80 (5), as last amended by Regula-
tion (EC) No 2648/98 (6).

(9)

The application of this tariff quota requires effective
checks on the specific destination of imports. Therefore,
the animals must be fattened in the Member State which
issues the import licence.

(10) A security must be lodged in order to guarantee that the
animals are fattened for at least 120 days in designated
production units. The amount of this security should
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.

(11)

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 1

A tariff quota for 169 000 young male bovine animals
1.
covbered
or
0102 90 49 and intended for fattening in the Community is
hereby opened for the period 1 July 2000 to 30 June 2001.

by CN codes

0102 90 05,

0102 90 29

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

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The serial number of the quota shall be 09.4005.

Article 3

2.
The customs import duty applicable to the quota referred
to in paragraph 1 shall be EUR 582 per tonne plus 16 % ad
valorem.

1.
Traders who are no longer engaged in trade in live bovine
animals on 1 June 2000 shall not qualify under the arrange-
ments provided for in this Regulation.

That rate of duty shall apply on condition that the imported
animals are fattened in the Member State of import for at least
120 days.

2.
Companies arising from mergers where each constituent
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 2

Import rights for the quantities referred to in Article 1(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 paragraph
1(a) and (b),

import rights relating to:

— 80 % of the quantity shall be allocated upon application
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 ques-
tion,

— 20 % of the quantities shall be allocated upon application
directly to traders who furnish proof that in 1999 they
exported to and/or imported from third countries at least
50 live animals covered by CN code 0102 90, excluding
imports under the Regulations referred to in Annex I.

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 1(b).

3.
The quantities referred to in paragraph 1(c) shall be allo-
cated upon application to traders who furnish proof that in
1999 they exported to and/or imported from third countries at
least 50 live animals covered by CN code 0102 90.

Applications for import rights for the quantities referred to in
the first subparagraph shall be presented in a Member State —
other than Italy or 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 eligible traders in proportion to the quantities
applied for.

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

Article 4

No application shall be made for import rights for a

1.
number of head exceeding that 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.

For the purposes of Article 2(2) and (3), applications
reach the

2.
accompanied by the necessary proofs must
competent authorities not later than 6 June 2000.

3.
As regards applications under Article 2(3), after verifica-
tion of the documents presented. Member States shall forward
to the Commission by 20 June 2000 at the latest a list of
applicants and quantities applied for using the form set out in
Annex II.

The Commission shall decide as soon as possible to what
extent applications may be accepted. Where the quantities
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 reduction
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 constitute a single batch.

As regards applications under Article 2(2), after verifica-
4.
tion of the documents presented, Italy and Greece shall forward
to the Commission by 27 June 2000 at the latest a list of
applicants and quantities applied for using the forms set out in
Annexes II and III.

Article 3

1.
Any import of animals for which import rights have been
allocated shall be subject to presentation of an import licence.

Regulations (EEC) No 3719/88 and (EC) No 1445/95

2.
shall apply, subject to this Regulation.

3.

Licence applications may be lodged solely:

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

— in the Member State in which the application for import

rights has been lodged, and

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— by traders to whom import rights have been allocated in
accordance with Articles 2 and 4. Import rights allocated to
traders entitle them to import licences for quantities equiva-
lent to the rights allocated.

Licences shall be issued up to 30 November 2000 for a
4.
maximum of 50 % of
Import
licences for the remaining quantities shall be issued from 1
December 2000.

the allocated import rights.

5.

Licence applications and licences shall show:

(a) the country of origin in box 8;

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

(c) the following endorsement in box 20:

‘Live male bovine animals of a live weight not exceeding
300 kg per head (Regulation (EC) No 885/2000).’

Article 6

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 2001.

2.

Licences shall be valid throughout the Community.

Article 8(4) of Regulation (EEC) No 3719/88 shall not

3.
apply.

Article 7

At the time of import, the importer shall provide proof

1.
that he has:

— 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 bovine
animals are to be fattened,

— lodged a security of an amount as 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
import.

The animals covered by this Regulation shall be fattened

2.
in the Member State that issues the import licence.

Except in cases of

3.
force majeure, the security shall be
relesed 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 a period of 120 days

from the date of import has elapsed;

or

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

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

However, where the time limit referred to in the first indent of
paragraph 1 has not been observed, the security to be released
shall be reduced by:

— 15 %, and by

— 2 % of the remaining amount for each day by which it has

been exceeded.

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

If the proof referred to in paragraph 3 is not furnished
4.
within 180 days from the date of import, the security shall be
forfeited and retained as customs duty.

However, if such proof is not 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, shall be
repaid.

Article 8

1.
Quantities not covered by import licence applications at
28 February 2001 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 2001 at the latest the Member
States shall send the Commission details of quantities not
covered by import licence applications received.

The Commission shall

3.
possible as regards the quantities remaining.

take a decision as quickly as

4.
Quantities remaining shall be allocated upon application
in 1999 they exported to and/or
to traders proving that
imported from third countries at least 50 live animals coverd
by CN code 0102 90.

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

import

5.
For the purposes of applying this Article, Articles 4 to 7
shall apply mutatis mutandis. However, the dates mentioned in
Article 4(2) and (3) shall be replaced by 30 March 2001 and 6
April 2001 respectively.

Article 9

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

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

Done at Brussels, 28 April 2000.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Regulations referred to in Article 2(2)

Commission Regulations:

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

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

— (EC) No 1431/1999 (OJ L 166, 1.7.1999, p. 49).

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

ANNEX II

Application of Article 4(3) and (4) of Regulation (EC) No 885/2000

Serial No 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/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

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ANNEX III

Application of Article 4(4) of Regulation (EC) No 885/2000

Serial No 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF/VEAL

IMPORT RIGHTS APPLICATION

Date:

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

Member State:

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

Number of
applicant (1)

Applicant (name and address)

Quantity imported
(head)

Regulation
(EC) No
1376/97

Regulation
(EC) No
1043/98

Regulation
(EC) No
1431/1999

Total

Total

Member State:

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

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

Tel. No: . . . . . . . . . . . . . . . . . . . . . .

(1) Continuous numbering

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ANNEX IV

SECURITY AMOUNTS

Male bovine animals for fattening
(CN code)

0102 90 05

0102 90 29

0102 90 49

Amount
(EUR/head)

28

56

105