Commission Regulation (EC) No 1429/2002 of 2 August 2002 establishing detailed rules for the application of the tariff quotas for beef and veal as laid down in Council Regulations (EC) No 1151/2002, (EC) No 1362/2002 and (EC) No 1361/2002 for Estonia, Latvia and Lithuania
Date: 2002-08-02
Institutions: European Commission
Subjects: Estonia, Latvia, Lithuania, beef, import (EU), import licence, movement certificate, tariff quota

3.8.2002

EN

Official Journal of the European Communities

L 206/9

COMMISSION REGULATION (EC) No 1429/2002

of 2 August 2002

establishing detailed rules for the application of the tariff quotas for beef and veal as laid down in
Council Regulations (EC) No 1151/2002, (EC) No 1362/2002 and (EC) No 1361/2002 for Estonia,
Latvia and Lithuania

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

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Regulations (EC) No 1151/2002, (EC) No 1362/
2002 and (EC) No 1361/2002 of 27 June 2002, 22 July
2002 and 22 July 2002 establishing concessions in the
form of Community tariff quotas for certain agricultural
products and providing for an adjustment, as an autono-
mous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreement with
Estonia (3), Latvia (4) and Lithuania (5) respectively opened
certain annual
tariff quotas for beef- and veal-based
products. Imports under those quotas are exempt from
the customs duties fixed in the Common Customs Tariff
(CCT). The detailed rules for applying those quotas on a
multiannual basis should be adopted for periods of 12
months starting on 1 July, hereinafter known as ‘import
years’.

To ensure orderly imports, the quantities should be stag-
gered over different periods.

in these
In view of the risk of speculation inherent
arrangements
for beef and veal, precise conditions
should be laid down for access by operators. Verification
of those conditions requires that applications should be
submitted in the Member State in which the importer is
listed in the VAT register.

To ensure that all eligible operators have the fairest
the number of
possible access to the arrangements,
applications per interested party should be restricted for
each group of products for each Baltic country, and a
maximum quantity which each import licence applica-
tion may cover should be fixed.

For a licence application per group of products, a
minimum quantity should also be fixed so that
the
import of that quantity can be regarded as real and reli-
able.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 170, 29.6.2002, p. 15.
(4) OJ L 198, 27.7.2002, p. 13.
(5) OJ L 198, 27.7.2002, p. 1.

(6)

(7)

(8)

(9)

Provision should be made for quantities for which
licence applications may be requested to be allocated
after a period of consideration and, where appropriate,
once a uniform percentage reduction has been applied.

the agreements
Bearing in mind the provisions of
intended to guarantee the origin of the products, provi-
sion should be made for these arrangements to be
managed using import licences. To that end, rules should
be laid down on the submission of applications and on
the information to be given on applications and licences,
where appropriate, by derogating from or supplementing
Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (6), as
last amended by Regulation (EC) No 954/2002 (7), and
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 (8), as last amended by Regula-
tion (EC) No 2492/2001 (9).

To avoid speculation,
transferable.

import

licences should not be

The measures laid down in this Regulation are in accor-
dance with the opinion of the Management Committee
for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

On a multiannual basis, for periods running from 1 July
1.
to 30 June of the following year, hereinafter referred to as
‘import years’, the products referred to in Annex I originating
in Estonia, Latvia and Lithuania may be imported exempt from
the customs duties fixed in the Common Customs Tariff under
the tariff quotas laid down in Regulations (EC) No 1151/2002,
(EC) No 1362/2002 and (EC) No 1361/2002 in accordance
with the provisions of this Regulation.

For those quotas, the annual quantity of products is indi-

2.
cated in Annex I for each import year.

(6) OJ L 152, 24.6.2000, p. 1.
(7) OJ L 147, 5.6.2002, p. 8.
(8) OJ L 143, 27.6.1995, p. 35.
(9) OJ L 337, 20.12.2001, p. 18.

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3.8.2002

Article 2

(c) in box 20, at least one of the following:

The quantities referred to in Article 1 shall be staggered

1.
over the import year in question as follows:

— 50 % between 1 July and 31 December,

— 50 % between 1 January and 30 June.

If, during a particular import year, the quantity covered
2.
by licence applications submitted for the first period specified
in paragraph 1 is less than the quantity available, the remaining
quantity shall be added to the quantity available for the
following period.

Article 3

To benefit from the import quotas referred to in Article 1,
1.
applicants must be natural or legal persons who, at the time of
submitting their applications, must prove to the satisfaction of
the competent authorities of the Member State concerned that
they have been active in trade in beef and veal with third coun-
tries at least once during the preceding 12 months; applicants
must be listed in a national VAT register.

2.
Import licence applications may be submitted only in the
Member State in which the applicant is registered in a VAT
register.

3.

For each country of origin referred to in Annex I:

(a) a single application per group of products per interested
party may be submitted;
the same interested party
if
submits more than one application for a group all his appli-
cations for that group shall be inadmissible;

(b) a group of products is understood to be certain products in
their entirety as referred to in Annex I originating in a
single country.

For Estonia two groups are made up in the following way:

Group 1: CN codes 0201 and 0202;

Group 2: CN code 1602 50 10.

— Reglamento (CE) no 1429/2002

— Forordning (EF) nr. 1429/2002

— Verordnung (EG) Nr. 1429/2002
— Kανονισµός (EK) αριθ. 1429/2002
— Regulation (EC) No 1429/2002

— Règlement (CE) no 1429/2002

— Regolamento (CE) n. 1429/2002

— Verordening (EG) nr. 1429/2002

— Regulamento (CE) n.o 1429/2002

— Asetus (EY) N:o 1429/2002

— Förordning (EG) nr 1429/2002.

Article 4

1.
Licence applications may be submitted only in the first 12
days of each period referred to in Article 2. However, for the
period from 1 July to 31 December 2002 applications may be
submitted no later than 20 August 2002.

the documents

After verification of

2.
the
Member States shall notify the Commission, no later than the
fifth working day following the end of the application period,
of the list of applicants broken down by quantity applied for
per CN code group for each order number.

submitted,

All notifications, including ‘nil’ returns, shall be forwarded by
fax using the forms in Annex II.

3.
The Commission shall decide as quickly as possible what
applications can be accepted. If the quantities covered by appli-
cations exceed the quantity available the Commission shall
reduce the quantities applied for by a fixed percentage.

Licences shall be issued as soon as possible subject to the
4.
Commission’s decision regarding acceptance of the applica-
tions.

For Latvia and Lithuania five groups are made up in the
following way:

Article 5

Group 1: CN codes 0201 and 0202;

Group 2: CN codes 0206 10 95 and 0206 29 91;

Group 3: CN code 0210 20;

Group 4: CN codes 0210 99 51 and 0210 99 90;

Group 5: CN code 1602 50;

(c) for each group of products import

licence applications
must cover a minimum weight of 15 tonnes of products
without exceeding 10 % of the quantity available.

4.

Licence applications and licences must indicate:

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

carry an obligation to import from that country;

(b) in box 16, one of the groups of Combined Nomenclature

Notwithstanding this Regulation, Regulations (EC) No

1.
1291/2000 and (EC) No 1445/95 shall apply.

2.
By derogation from Article 9(1) of Regulation (EC) No
1291/2000, import licences issued under this Regulation shall
not be transferable and may confer eligibility to benefit from
the tariff quotas only if they are drawn up in the same names
as those indicated on the declarations of release for free circula-
tion accompanying them.

3.
Notwithstanding Article 3 of Regulation (EC) No 1445/
95, import licences drawn up in accordance with this Regula-
tion shall be valid for 180 days from their date of
issue.
However, no licence shall be valid after 30 June of the import
year.

codes referred to in paragraph 3(b);

4.

Licences issued shall be valid throughout the Community.

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Article 6

The duties referred to in Annex I shall be applied on presentation either of an EUR.1 movement certificate
issued by the exporter country in accordance with Protocol 3 annexed to the Europe Agreement with
Estonia (1), Latvia (2) and Lithuania (3), or of a declaration made out by the exporter in accordance with that
Protocol.

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

It shall apply from 1 July 2002.

Article 7

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

Done at Brussels, 2 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 68, 9.3.1998, p. 2.
(2) OJ L 26, 2.2.1998, p. 3.
(3) OJ L 51, 20.2.1998, p. 3.

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ANNEX I

Concessions applying to imports into the Community of the following products originating in the following
countries

(MFN = most-favoured nation duty)

Country
of origin

Order
number

CN code

Description

Applicable duty
(% of MFN)

Annual quantity
for 1.7.2002
to 30.6.2003
(tonnes)

Annual increase
from 1.7.2003
(tonnes)

Estonia

09.4851

0201

Meat of bovine animals,
chilled

fresh or

exempt

1 100

350

0202

Meat of bovine animals, frozen

1602 50 10

Prepared or preserved meat of bovine
animals,
including
uncooked,
mixtures of cooked meat or offal and
uncooked meat or offal

Latvia

09.4871

0201

Meat of bovine animals,
chilled

fresh or

exempt

675

75

0202

Meat of bovine animals, frozen

0206 10 95

0206 29 91

0210 20

0210 99 51

0210 99 90

1602 50

Edible offal of bovine animals, fresh
or chilled, thick skirt and thin skirt

Edible offal of bovine animals, frozen,
thick skirt and thin skirt

Meat of bovine animals, salted or in
brine, dried or smoked

Thick skirt and thin skirt of bovine
animals

Edible flours and meals of meat and
meat offal

Other prepared or preserved meat or
meat offal of bovine animals

Lithuania

09.4861

0201

Meat of bovine animals,
chilled

fresh or

exempt

2 000

200

0202

Meat of bovine animals, frozen

0206 10 95

0206 29 91

0210 20

0210 99 51

0210 99 90

1602 50

Edible offal of bovine animals, fresh
or chilled, thick skirt and thin skirt

Edible offal of bovine animals, frozen,
thick skirt and thin skirt

Meat of bovine animals, salted or in
brine, dried or smoked

Thick skirt and thin skirt of bovine
animals

Edible flours and meals of meat and
meat offal

Other prepared or preserved meat or
meat offal of bovine animals

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ANNEX II