Commission Regulation (EC) No 1126/2002 of 27 June 2002 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening (1 July 2002 to 30 June 2003)
Date: 2002-06-27
Institutions: European Commission
Subjects: CCT duties, cattle, fattening, import, tariff quota

L 169/10

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Official Journal of the European Communities

28.6.2002

COMMISSION REGULATION (EC) No 1126/2002

of 27 June 2002

opening and providing for the administration of an import tariff quota for young male bovine
animals for fattening (1 July 2002 to 30 June 2003)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European Commu-
nity,

Checks of criteria for participation in the quota alloca-
tion call for applications to be submitted in the Member
State where the trader is entered in the value added tax
(VAT) register. Italy and Greece are an exception to this
rule: traders entered in the VAT register of another Mem-
ber State may submit their applications in these two
countries.

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), as last amended by Commission Regulation (EC)
No 2345/2001 (2) and in particular Article 32(1) thereof,

(7)

In order to prevent speculation:

Whereas:

— importers no longer involved in trade in live bovine
animals at 1 January 2002 should be denied access
to the quota,

(1)

(2)

(3)

(4)

(5)

The WTO schedule CXL requires the Community to
open an annual import tariff quota for 169 000 head of
young male bovine animals for fattening. Implementing
rules should be laid down for the period 1 July 2002 to
30 June 2003.

— a security should be fixed for import rights,

— licences should not be transferable,

There should be a guarantee in particular of equal and
continuing access to the said quota for all interested tra-
ders within the Community. However, pursuant to Arti-
cle 32(3) of Regulation (EC) No 1254/1999, the method
of administration may give due weight to the supply re-
quirements on the Community market.

The requirements of certain Member States which have a
shortfall of bovine animals for fattening may therefore
be taken into account. As those requirements are parti-
cularly evident in Italy and Greece, priority should be gi-
ven to satisfying demand in those two Member States.

For the allocation of the tariff quota methods which have
been applied in the past to this quota should be applied
again. Consequently, in Italy and Greece the method re-
ferred to in the third indent of Article 32(2) should be
applied while the method referred to in the second in-
dent of that paragraph shall be used for applications in
other Member States.

Importers who can show that they have been involved in
trade with live animals with third countries should be
able to apply for import rights. Proof of that involve-
ment calls for evidence to be presented of recent import
or export of some significance.

(8)

(9)

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

In order to provide for more equal access to the quota
while ensuring a commercially viable number of animal
per application, each application should respect a maxi-
mum and a minimum number of heads.

To oblige traders to apply for import licences for all im-
port 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 appli-
cation of the system of securities for agricultural pro-
ducts (3), as last amended by Regulation (EC) No 1932/
1999 (4).

(10) 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 ap-
plications submitted by that date. In the light of experi-
ence 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.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.

(3) OJ L 205, 3.8.1985, p. 5.
(4) OJ L 240, 10.9.1999, p. 11.

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(11) A proper management of the quota requires the use of
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 li-
cences, where applicable by waiving or supplementing
certain provisions of Commission Regulation (EC) No
1291/2000 of 9 June 2000 laying down common de-
tailed rules for the application of the system of import
and export licences and advance fixing certificates for
certain agricultural products (1) and of Commission Reg-
ulation (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 (2), as last amended by Regulation (EC) No 2442/
2001 (3).

(12) A proper management of the quota also requires that
the titular holder of the licence is a genuine importer.
Therefore, such importer should actively participate in
the purchase, transport and import of the animals con-
cerned. Presentation of proof of those activities should
thus also be a primary requirement with regard to the li-
cence security.

and intended for fattening in the Community is hereby opened
for the period 1 July 2002 to 30 June 2003.

The serial number of the quota shall be 09.4005.

2.
The customs import duty applicable under the tariff 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 for at least 120 days in the Member State
which has issued the import licence.

Article 2

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

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

(13) With a view of ensuring a strict statistical control of the
animals imported under the quota, the tolerance referred
to in Article 8(4) of Regulation (EC) No 1291/2000 shall
not apply.

(a) Italy: 118 300 head,

(b) Greece: 18 100 head,

(14)

The application of this tariff quota requires effective
checks on the specific destination of the imported ani-
mals. The animals should therefore be fattened in the
Member State which has issued the import licence.

(c) other Member States: 32 600 head.

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

(15) 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 differ-
ence between the common customs tariff (CCT) duty and
the reduced duty applicable on the date of release for
home use of the animals in question.

— 50 % of the quantity shall be allocated upon application di-
rectly by the Member State concerned to importers who fur-
nish proof of having imported animals under the Regula-
tions referred to in Annex I. All quantities presented as
reference quantity shall constitute the import rights applied
for,

(16)

The Management Committee for Beef and Veal has not
given an opinion within the time limit set by its Presi-
dent,

— 50 % of the quantity shall be allocated upon application di-
rectly by the Member State concerned to operators who fur-
nish proof that, in the period 1 January 2001 to 31 Decem-
ber 2001, they have exported to or imported from third
countries at least 75 live animals covered by CN code
0102 90, excluding imports under Regulations referred to
in Annex I.

HAS ADOPTED THIS REGULATION:

Applicants must be entered in a national value added tax

3.
(VAT) register.

Article 1

Applications for import rights shall be presented:

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

(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 143, 27.6.1995, p. 35.
(3) OJ L 337, 20.12.2001, p. 18.

— in Italy for the quantities referred to in paragraph 1(a),

— in Greece for the quantities referred to in paragraph 1(b),

— in the Member States of registration for the quantities re-

ferred to in paragraph 1(c).

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The quantities referred to in paragraph 1(c) shall be allo-
4.
cated upon application to operators who furnish proof that in
the period from 1 January 2001 to 31 December 2001 they
have exported to or imported from third countries at least 75
live animals covered by CN code 0102 90.

5.
The quantities referred to in the first and second indent of
paragraph 2 and in paragraph 4 shall be allocated to eligible
operators in proportion to the quantities respectively applied
for. Each application under the second indent of paragraph 2
and under paragraph 4 shall relate to a minimum of 50 head
and a maximum of 10 % of the available number of head.

quantities applied for exceed the quantities available, the Com-
mission shall fix a reduction coefficient to be applied to the
quantities applied for.

5. Where in application of the coefficient referred to in para-
graph 4 the allocation under Article 2(4) would result 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 for those applications. Where the re-
mainder is fewer than 50 head, that number shall constitute a
single batch.

Proof of import and/or export shall be provided solely by

6.
means of customs documents of release for home use.

Article 5

Member States may accept copies of those documents duly cer-
tified by the competent authorities.

Article 3

1.
Operators who are no longer engaged in trade in live bo-
vine animals on 1 January 2002 shall not qualify under the ar-
rangements provided for in this Regulation.

2.
A company formed by the merger of companies each
having rights to apply pursuant to the first indent of Article
2(2) shall enjoy the same rights as the companies from which
they were formed.

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.

Import licence applications must be submitted for the im-
2.
port rights 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 made by the Commission under Article
4(4) result in import right applications exceeding the rights al-
located, the security lodged shall be released immediately for
that overrun.

Article 4

Article 6

1. Where, under any one category referred to respectively in
the first indent of Article 2(2), the second indent of Article 2(2)
and Article 2(4) an applicant submits more than one applica-
tion, all such applications shall be rejected.

2.
For the purposes of Article 2(2) and (4), applications ac-
companied by the necessary proofs must reach the competent
authorities not later than 8 July 2002.

3.
As regards applications under Article 2(2), after verifica-
tion of the documents presented, Italy and Greece shall forward
to the Commission by 19 July 2002 at the latest a list of appli-
cants and quantities applied for using the forms set out in An-
nex II for applications under the first indent of Article 2(2) and
in Annex III for applications under the second indent of Article
2(2).

4.
As regards applications under Article 2(4), after verifica-
tion of the documents presented, Member States shall forward
to the Commission by 19 July 2002 at the latest a list of appli-
cants and quantities applied for using the form set out in Annex
III.

Any import of animals for which import rights have been

1.
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 operators to whom import rights have been allocated in
accordance with Articles 2 and 4. Each issuing of an import
licence shall result in a corresponding reduction of the im-
port rights.

4.
Licences shall be issued up to 29 November 2002 for a
maximum of 50 % of the allocated import rights. Import li-
cences for the remaining quantities shall be issued from 1 De-
cember 2002.

The Commission shall decide as soon as possible to what extent
applications under Article 2(4) may be accepted. Where the

5.
An import license shall be issued on application by and in
the name of the operators who have obtained the import
rights.

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6.

Licence applications and licences shall show:

Article 8

(a) the country of origin in box 8;

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

(c) the figure ‘0’ (zero) in box 19;

(d) the following endorsement in box 20:

‘Live male bovine animals of a live weight not exceeding
300 kg per head (Regulation (EC) No 1126/2002).’

Article 7

Notwithstanding Article 9(1) of Regulation (EC) No 1291/
1.
2000, import licences issued pursuant to this Regulation shall
not be transferable and shall confer rights under the tariff quo-
tas only if made out in the same name and address as the one
entered as consignee in the customs declaration of release for
home use accompanying them.

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 2003.

At the time of import, the importer shall provide proof

1.
that he has:

— given a written undertaking to inform within one month
the competent authority of the Member State that issued
the licence, 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 eligi-
ble CN code in Annex IV with the competent authority of
the Member State that issued the licence. The fattening of
the imported animals in that Member State for at least 120
days from the date of acceptance of the customs declaration
of release for home use is a primary requirement within the
meaning of Article 20(2) of Regulation (EEC) No 2220/85.

Except in cases of force majeure, the security referred to in
2.
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.

The security relating to the import

licence shall be
3.
EUR 20 per head and shall be lodged by the applicant together
with the licence application.

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

4.

Licences shall be valid throughout the Community.

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

5.
apply.

6.
Notwithstanding the provisions of Section 4 of Title III of
Regulation (EC) No 1291/2000, the security shall not be re-
leased until proof has been produced that the titular holder of
the licence has been commercially and logistically responsible
for the purchase, transport and clearance for home use of the
animals concerned. Such proof shall at least consist of:

— the original commercial invoice made out in the name of
the titular holder by the seller or his representative, both es-
tablished in the third country of export, and proof of pay-
ment by the titular holder or the opening by the titular
holder of an irrevocable documentary credit in favour of
the seller,

— the bill of lading or, where applicable, the road or air trans-
port document, drawn up in the name of the titular holder,
for the animals concerned,

— the copy No 8 of form IM 4 with the name and address of

the titular holder being the only indication in box 8,

— the proof of the payment of the customs duties by, or on

behalf of, the titular holder.

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 cus-
toms duties.

3.
If the proof referred to in paragraph 2 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 re-
paid.

Article 9

Animals not covered by import licence applications at 21
1.
February 2003 shall be the subject of a further allocation of im-
port rights, irrespective of the allocation of import rights be-
tween 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).

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To that end, by 28 February 2003 at the latest the Mem-
2.
ber States shall notify the Commission of the number of ani-
mals referred to in paragraph 1.

3.
The Commission shall establish and publish as quickly as
possible the total remaining number of animals to be reallo-
cated.

4.
The allocation of those animals shall be open to interested
operators who have applied for import licences for all their im-
port rights initially granted.

New applications for import rights shall be presented in the
Member State where the applicant is entered in the national va-
lue added tax register.

Each application shall relate to a minimum of 50 head.
5.
However, where the remaining number of animals referred to
in paragraph 3 is lower than 50 head, an application shall relate
to that lower number of head.

For the purposes of this Article, Articles 4 to 8 shall ap-
6.
ply. However, the date of application mentioned in Article 4(2)
shall be 21 March 2003 and the date of communication men-
tioned in Article 4(4) shall be 28 March 2003.

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, 27 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

REGULATIONS REFERRED TO IN ARTICLE 2(2)

Commission Regulations:

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

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

— (EC) No 885/2000 (OJ L 104, 29.4.2000, p. 39).

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ANNEX II

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ANNEX III

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ANNEX IV

SECURITY AMOUNTS

Male bovine animals for fattening
(CN code)

Amount (EUR) per head

0102 90 05

0102 90 29

0102 90 49

28

56

105