Commission Regulation (EC) No 1096/2001 of 5 June 2001 amending Regulations (EC) No 1143/98, (EC) No 1081/1999, (EC) No 1128/1999 and (EC) No 1247/1999 in the beef and veal sector
Date: 2001-06-05
Institutions: European Commission
Subjects: cattle, import licence, live animal, tariff quota, third country

6.6.2001

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Official Journal of the European Communities

L 150/33

COMMISSION REGULATION (EC) No 1096/2001

of 5 June 2001

amending Regulations (EC) No 1143/98, (EC) No 1081/1999, (EC) No 1128/1999 and (EC) No
1247/1999 in the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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

Whereas:

(1)

The following Regulations lay down the rules for admin-
istering tariff quotas for live, bovine animals:

— Commission Regulation (EC) No 1143/98 of 2 June
1998 laying down detailed rules for a tariff quota for
cows and heifers of
specified mountain breeds
originating in various third countries, other than for
slaughter, and amending Regulation (EC) No 1012/
98 (3), as amended by Regulation (EC) No 1081/
1999 (4)

— Commission Regulation (EC) No 1081/1999 of 26
May 1999 opening and providing for the administra-
tion of tariff quotas for imports of bulls, cows and
heifers other than for slaughter of certain alpine and
mountain breeds,
repealing Regulation (EC) No
1012/98 and amending Regulation (EC) No 1143/
98,

— 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 coun-
tries (5), as last amended by Regulation (EC) No
2857/2000 (6),

— Commission Regulation (EC) No 1247/1999 of 16
June 1999 laying down detailed rules for the applica-
live bovine animals
tion of a tariff quota for
weighing from 80 to 300 kilograms and originating
in certain third countries (7), as amended by Regula-
tion (EC) No 2857/2000.

avoiding discrimination between the traders concerned.
Access to the quotas concerned should therefore be
extended to those traders known as ‘new arrivals’.

There is a sharp increase in the number of ‘new arrivals’
submitting applications under certain tariff quotas. The
access criterion should therefore be made more rigorous
where trade in live animals is concerned.

The BSE and foot-and-mouth crises have disturbed trade
in livestock. The reference periods fixed for traditional
traders and new arrivals should therefore end before
these crises began.

(3)

(4)

(5)

In order to prevent speculation:

— a security relating to import rights should be fixed,

— the possibility of transferring import licences should

be excluded.

In order to oblige traders to apply for import licences
for all the import rights allocated, this obligation should
be a primary requirement within the meaning of
Commission Regulation (EEC) No 2220/85 of 22 July
the
1985 laying down common detailed rules for
application of the system of securities for agricultural
products (8), as last amended by Regulation (EC) No
1932/1999 (9).

The Regulations listed in the first recital therefore need
to be amended accordingly.

In view of the dates for submission of applications for
import rights, this Regulation must take effect imme-
diately.

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

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

(2)

For the purpose of allocating the quotas, the method
provided for in the third indent of Article 32(2) of
Regulation (EC) No 1254/1999 should be applied,

Regulation (EC) No 1143/98 is amended as follows:

1. Article 2(1) is replaced by the following:

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 146, 20.6.1996, p. 1.
(3) OJ L 159, 3.6.1998, p. 14.
(4) OJ L 131, 27.5.1999, p. 15.
(5) OJ L 135, 29.5.1999, p. 50.
(6) OJ L 332, 28.12.2000, p. 55.
(7) OJ L 150, 17.6.1999, p. 18.

The quota referred to in Article 1(1) shall be divided
‘1.
into two parts of 70 %, i.e. 4 900 head, and 30 %, i.e. 2 100
head, respectively.

(8) OJ L 205, 3.8.1985, p. 5.
(9) OJ L 240, 10.9.1999, p. 11.

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(a) The first part, equal to 70 %, shall be allocated among
importers in the Community who can furnish proof of
having imported animals under the quota for serial No
09.4563 during the 36 months preceding the year of
import in question.

However, the Member States may accept as the refer-
ence quantity import rights for the preceding year of
import which were not allocated because of an adminis-
trative error by the competent national body but to
which the importer would have been entitled.

(b) The second part, equal

to 30 %, shall be allocated
among importers who can furnish proof of having
imported from third countries at least 75 live bovine
animals falling within CN code 0102 during the 12
months preceding the year of import in question.

However, for the year of import from 1 July 2001 to 30
June 2002, the reference period referred to at (a) in the first
subparagraph shall run from 1 July 1997 to 30 June 2000,
and that referred to at (b) shall run from 1 July 1999 to 30
June 2000.’

2. The following Article 5a is inserted after Article 5:

‘Article 5a

1.
The security relating to the import rights shall be
EUR 3 per head. It must be deposited with the competent
authority together with the application for import rights.

Import

licence applications must be made for the
2.
quantity allocated. This obligation shall constitute a primary
requirement within the meaning of Article 20(2) of Regula-
tion (EEC) No 2220/85.

3.
If the decision on allocation by the Commission under
Article 5 results in application of a reduction percentage,
the security provided shall be released for the import rights
applied for in excess of the rights allocated.’

3. The following paragraph 7 is added at the end of Article 6:

‘7.
Notwithstanding Article 9(1) of Commission Regula-
tion (EC) No 1291/2000 (*), import licences issued under
this Regulation shall not be transferable and shall confer the
right to use the tariff quota only if made out in the name
entered on the declaration of release for free circulation
accompanying them.

(*) OJ L 152, 24.6.2000, p. 1.’

Article 2

(a) The first part of each quota volume, equal to 70 %,
shall be allocated among importers in the Community
who can furnish proof of having imported animals
under
serial Nos 09.0001 and/or
09.0003 during the 36 months preceding the year of
import in question.

the quota for

However, the Member States may accept as the refer-
ence quantity import rights for the preceding year of
import which were not allocated because of an
administrative error by the competent national body
but to which the importer would have been entitled.

(b) The second part of each quota volume, equal

to
30 %, shall be allocated among importers who can
furnish proof of having imported from third countries
at least 75 live bovine animals falling within CN code
0102 during the 12 months preceding the year of
import in question.

However, for the year of import from 1 July 2001 to 30
June 2002, the reference period referred to at (a) in the
first subparagraph shall run from 1 July 1997 to 30 June
2000, and that referred to at (b) shall run from 1 July
1999 to 30 June 2000.’

2. The following Article 5a is inserted after Article 5:

‘Article 5a

The security relating to the import rights shall be
1.
EUR 3 per head.
It must be deposited with the
competent authority together with the application for
import rights.

Import

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

constitute

If

the decision on allocation by the Commission
3.
under Article 5 results
in application of a reduction
percentage, the security provided shall be released for the
import rights applied for in excess of the rights allocated.’

Article 3

Regulation (EC) No 1128/1999 is amended as follows:

1. In Article 2(3) the following subparagaph is added:

‘However, for the year of import from 1 July 2001 to 30
June 2002, the reference period referred to at (a) in the
first subparagraph shall run from 1 July 1997 to 30 June
2000, and that referred to at (b) shall run from 1 July
1999 to 30 June 2000.’

Regulation (EC) No 1081/1999 is amended as follows:

2. The first subparagraph of Article 4(2) is replaced by the

following:

1. Article 2(1) is replaced by the following:

The two quota volumes referred to in Article 1(1)
i.e. 3 500

‘1.
shall each be divided into two parts of 70 %,
i.e. 1 500 head, respectively:
head, and 30 %,

‘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 21 June preceding the year
of import in question at the latest.’

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3. Article 4(3) is replaced by the following:

Article 4

For the purposes of Article 2(3)(b), applications for
‘3.
import
referred to in
together with the proof
Article 2(6), must be lodged by traders by 21 June
preceding the year of import in question.

rights,

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. No
application shall be made for import rights for a number
of head exceeding 10 % of that available.

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

Regulation (EC) No 1247/1999 is amended as follows:

1. Article 2(1) is replaced by the following:

To be eligible under

the quota provided for

the Member State concerned, at

in
‘1.
Article 1, applicants must be natural or legal persons and
must prove to the satisfaction of the competent authori-
ties of
the time they
submit their applications, that they have imported and/or
covered by CN code
exported at
to the year of
0102 90 during the 12 months prior
import
entered in a
national VAT register.

applicants must be

least 75 animals

concerned;

However, for the year of import from 1 July 2001 to 30
June 2002, the reference period referred to in the first
subparagraph shall run from 1 July 1999 to 30 June
2000.’

4. The following Article 5a is inserted after Article 5:

2. The following Article 4a is inserted after Article 4:

‘Article 5a

The security relating to the import rights shall be
1.
EUR 3 per head.
It must be deposited with the
competent authority together with the application for
import rights.

Import

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

constitute

If

the decision on allocation by the Commission
3.
in application of a reduction
under Article 5 results
percentage, the security provided shall be released for the
import rights applied for in excess of the rights allocated.’

5. The following paragraph 8 is added at the end of Article

6:

‘8.
Notwithstanding Article 9(1) of Commission Regula-
tion (EC) No 1291/2000 (*), import licences issued under
this Regulation shall not be transferable and shall confer
the right to use the tariff quota only if made out in the
name entered on the declaration of release for free circu-
lation accompanying them.

(*) OJ L 152, 24.6.2000, p. 1.’

‘Article 4a

The security relating to the import rights shall be
1.
EUR 3 per head.
It must be deposited with the
competent authority together with the application for
import rights.

Import

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

constitute

If

the decision on allocation by the Commission
3.
under Article 4 results
in application of a reduction
percentage, the security provided shall be released for the
import rights applied for in excess of the rights allocated.’

3. The following paragraph 8 is added at the end of Article

5:

Notwithstanding Article 9(1) of Regulation (EC) No
‘8.
import licences issued under this Regulation
1291/2000,
shall not be transferable and shall confer the right to use
the tariff quota only if made out in the name entered on
the declaration of release for free circulation accompa-
nying them.’

Article 5

This Regulation shall enter into force on the day of
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