Commission Regulation (EC) No 1095/2001 of 5 June 2001 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening (1 July 2001 to 30 June 2002)
Date: 2001-06-05
Institutions: European Commission
Subjects: CCT duties, cattle, fattening, import, import licence, tariff quota

6.6.2001

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Official Journal of the European Communities

L 150/25

COMMISSION REGULATION (EC) No 1095/2001

of 5 June 2001

opening and providing for the administration of an import tariff quota for young male bovine
animals for fattening (1 July 2001 to 30 June 2002)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Greece are an exception to this rule: traders entered in
the VAT register of another Member State may submit
their applications in these two countries.

Having regard to the Treaty establishing the European
Community,

(6)

In order to prevent speculation:

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,

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 XIV(6) negotiations (2), and in particular Article 1(1)
thereof,

Whereas:

Under schedule CXL the Community undertook to open
an annual
import tariff quota for 1 690 000 head of
young male bovine animals for fattening. The rules for
applying that quota for the period 1 July 2001 to 30
June 2002 should be laid down.

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 the
quota to all imports of the animals in question until the
quota is used up.

The requirements of certain Member States which have a
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.

(9)

For the allocation of the quota the method provided for
in the third indent of Article 32(2) of Regulation (EC)
No 1254/1999 should be applied to the quantities allo-
cated to Italy and Greece, avoiding any discrimination
between the traders concerned. Access to the quota
should therefore be widened to include ‘new arrivals’.

these 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. Italy and

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

— traders no longer involved in trade in live bovine
animals at 1 June 2001 should be denied access to
the quota,

— a security should be fixed for import rights,

— licences should not be transferable,

— import licences should be issued to traders solely for
the quantities for which they have been allocated
import rights.

(7)

To oblige traders to apply for import licences for all
import rights allocated, it should be established that this
obligation is a primary requirement within the meaning
of Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for
the
application of the system of securities for agricultural
products (3), as last amended by Regulation (EC) No
1932/1999 (4).

(8) 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.
In the light of
experience it should also be laid down that this final
allocation is open only to importers who have applied
for import licences for the total quantity to which they
are entitled.

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 (EC) No 1291/2000 of 9 June 2000 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for certain agricultural products (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 Regula-
tion (EEC) No 2377/80 (6), as last amended by Regula-
tion (EC) No 24/2001 (7).

(3) OJ L 205, 3.8.1985, p. 5.
(4) OJ L 240, 10.9.1999, p. 11.
(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 143, 27.6.1995, p. 35.
(7) OJ L 3, 6.1.2001, p. 9.

(1)

(2)

(3)

(4)

(5)

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(10)

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

(11) A security must be lodged to ensure that the animals are
fattened for at least 120 days in designated production
units. The amount of
the 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.

(12)

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

1.
A tariff quota for 169 000 young male bovine animals
covered by 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 1 July 2001 to 30 June 2002.

The serial number of the quota shall be 09.4005.

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

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.

Article 2

Import rights for the quantity referred to in Article 1(1)

1.
shall be allocated to the Member States as follows:

a) Italy:

b) Greece:

c) other Member States:

127 500 head;

19 500 head;

22 000 head.

2. Within each of the quantities referred to in paragraph
1(a) and (b),

import rights relating to:

— 70 % of the quantity shall be allocated upon application
directly by the Member State concerned to importers who
furnish proof of having imported animals under the Regu-
lations 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,

— 30 % of the quantity shall be allocated upon application
directly by the Member State concerned to traders who
furnish proof that, in the period 1 July 1999 to 30 June
2000, they exported to and/or imported from third coun-
tries at least 75 live animals covered by CN code 0102 90,

excluding imports under the Regulations referred to in
Annex I.

Traders must be entered in a 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 quantifies referred to in paragraph 1(c) shall be allo-
cated upon application to traders who furnish proof that in the
period from 1 July 1999 to 30 June 2000 they exported to
and/or imported from third countries at least 75 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 the Member State,
other than Italy or Greece, where the applicant is entered in the
national value added tax register.

The quantities referred to in the second indent of the first
4.
subparagraph of paragraph 2 and in paragraph 3 shall be
allocated to eligible traders in propoirtion to the quantities
applied for. No application shall be made for import rights for
a number of head exceeding 10 % of that available.

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

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

Article 3

1.
Traders who are no longer engaged in trade in live bovine
animals on 1 June 2001 shall not qualify under the arrange-
ments provided for in this Regulation.

2.
Companies arising from mergers where each constituent
part has rights pursuant to the first indent of the first subpara-
graph of Article 2(2) shall enjoy the same rights as the compa-
nies from which they are formed.

Article 4

1. Where, under any one category referred to in Article 2(2)
and (3); applicants submit 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 13 June 2001.

3.
As regards applications under Article 2(2), after verifica-
tion of the documents presented, Italy and Greece shall forward
to the Commission by 4 July 2001 at the latest a list of
applicants and quantities applied for using the forms set out in
Annexes II and III.

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As regards applications under Article 2(3), after verifica-
4.
tion of the documents presented, Member States shall forward
to the Commission by 26 June 2001 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.

5. Where the allocation referred to in Article 2(4) results in
fewer than 50 head being allocated per application, the alloca-
tion shall be made by the Member States concerned by drawing
lots for batches of 50 head. Where the remainder is fewer than
50 head, that number shall constitute a single batch.

Article 5

1.
A security for import rights is fixed at EUR 3 per head. It
must be lodged with the competent authority together with the
application for import rights.

2.
Import licence applications must be submitted for the
quantity allocated. This obligation is a primary requirement
within the meaning of Article 20(2) of Regulation (EEC) No
2220/85.

3. Where the allocations for Italy and Greece referred to in
Article 2(2) and that of the Commission under Article 4(4)
result in import right applications exceeding the rights allo-
cated, the security lodged shall be released for that overrun.

Article 6

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

Regulations (EC) No 1291/2000 and (EC) No 1445/95

2.
shall apply, save as otherwise provided in this Regulation.

3.

Licence applications may be lodged solely:

— in the Member State in which the application for import

rights has been lodged, and

— 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 2001 for a
4.
maximum of 50 % of
Import
licences for the remaining quantities shall be issued from 1
December 2001.

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 1095/2001).’

Article 7

1.
Notwithstanding Article 9(1) of Regulation (EC) No
1291/2000, import licences issued pursuant 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.

2.
Import licences shall be valid for 90 days from their date
of issue within the meaning of Article 23(1) of Regulation (EC)
No 1291/2000. However, no licences shall be valid after 30
June 2002.

3.

Licences shall be valid throughout the Community.

Article 8(4) of Regulation (EC) No 1291/2000 shall not

4.
apply.

Article 8

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 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.

3.
Except in cases of force majeure, the security referred to in
the second indent of paragraph 1 shall 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 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.

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

two different schemes provided for in the first and second
indents of Article 2(2).

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.

4.
If the proof referred to in paragraph 3 is not furnished
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 9

1.
Quantities not covered by import licence applications at
22 February 2002 shall be the subject of a further allocation of
irrespective of the allocation of import rights
import rights,
between Member States referred to in Article 2(1) and of the

2.
To that end, by 1 March 2002 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.
The allocation of the quantities remaining shall be open
to interested traders who have applied for import licences for
all the quantities to which they are entitled.

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

import

5.
For the purposes of this Article, Articles 4 to 8 shall
apply. However, the date of application mentioned in Article
4(2) shall be 22 March 2002 and the date of communication
mentioned in Article 4(4) shall be 29 March 2002.

Article 10

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, 5 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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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/(32 2) 295 36 13

ANNEX II

Application of Article 4(3) and (4) of Regulation (EC) No 1095/2001

Serial No 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF/VEAL SECTOR

Import rights application

Date:

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

No of applicant (1)

Applicant (name and address)

Quantity (head)

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone No:

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

Total

(1) Continuous numbering.

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Fax: (322) 296 60 27/(322) 295 36 13

ANNEX III

Application of Article 4(3) of Regulation (EC) No 1095/2001

Serial No 09.4005

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF/VEAL SECTOR

Import rights application

Date:

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

No of
applicant (1)

Applicant
(name and address)

Quantity imported (head)

Total

1376/97

1043/98

1431/1999

Total

Member State: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Continuous numbering.

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ANNEX IV

SECURITY AMOUNTS

Male bovine animals for fattening
(CN code)

Amount per head
(in EUR)

0102 90 05

0102 90 29

0102 90 49

28

56

105