CELEX: 31990R3885
Language: en
Date: 1990-12-27 00:00:00
Title: Commission Regulation (EEC) No 3885/90 of 27 December 1990 laying down detailed rules for the application of the import arrangements provided for in Council Regulation (EEC) No 3838/90 for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91

No L 367/ 136                            Official Journal of the European Communities                                 29 . 12. 90
                                   COMMISSION REGULATION (EEC) No 3885/90
                                                     of 27 December 1990
                 laying down detailed rules for the application of the import arrangements
                 provided for in Council Regulation (EEC) No 3838/90 for frozen meat of bovine
                   animals covered by CN code 0202 and products covered by CN code 0206 29 91
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas Commission Regulation (EEC) No 3719/88 (4),
                                                                    as amended by Regulation (EEC) No 1599/90 (*), lays
Having regard to the Treaty establishing the European               down common detailed rules for the application at the
Economic Community,                                                 system of import and export licences and advance-fixing
                                                                    certificates for agricultural products ; whereas Commission
                                                                    Regulation (EEC) No 2377/80 (*), as last amended by
Having regard to Council Regulation (EEC) No 3838/90                Regulation (EEC) No 2996/90 Q, lays down special
of 20 December 1990 opening, allocating and providing               detailed rules on the system of import licences to the beef
for the administration of a Community tariff quota for              sector ;
frozen meat of bovine animals failing within CN code
0202 and products falling within CN code 0206 29 91                 Whereas provision should be made for the Member States
(1991)0, and in particular Article 4 thereof,                       to forward information on the import arrangement in
                                                                    question ;
Having regard to Regulation (EEC) No 805/68 of the
Council of 27 June 1968 on the common organization of               Whereas the measures provided for in this Regulation are
the market in beef and veal (2), as last amended by                 in accordance with the opinion of the Management
Regulation (EEC) No 571 /89 (3), and in particular Article          Committee for Beef and Veal,
15 (2) thereof,
Whereas Regulation (EEC) No 3838/90 lays down the                   HAS ADOPTED THIS REGULATION :
method for administering the Community tariff quota for
frozen beef covered by CN code 0202 and for products
covered by CN code 0206 29 91 and splits this quota into                                       Article 1
two parts, one of 45 050 tonnes apportioned between
traditional importers and the other of 7 950 tonnes
apportioned between the operators which have carried out            1 . The quantity referred to in Article 2(a) of
beef exchanges with third countries ;                               Regulation (EEC) No 3838/90 (45 050 tonnes) shall be
                                                                    reserved for importers who can furnish proof of having
                                                                    imported frozen meat covered by CN code 0202 and
Whereas, in order to ensure a smooth switchover from the            products covered by CN code 0206 29 91 covered by the
arrangements based on national administration to                    quota referred to in Council Regulations (EEC) No
arrangements subject to Community administration, while             234/88 (8), (EEC) No 4076/88 (s) and              (EEC)    No
taking into account the commercial peculiarities of the             3889/89 (10) during the last three years.
products in question, provision should be made for the
allocation on a proportional basis of the first part to             2. The quantity referred to in Article 2 (b) of
traditional importers who can prove that, during 1988,              Regulation (EEC) No 3838/90 (7 950 tonnes) shall be
 1989 and 1990, they imported products covered by the               reserved for operators who can furnish proof of having
quota ; whereas, however, within the framework of the               imported and/or exported during 1989 and 1990, at least
procedure based on the submission of application from               50 tonnes per year of beef not subject to the quotas
interested parties and their acceptance to the extent               referred to in Regulations (EEC) No 4076/88 and (EEC)
determined by the Commission, importers who can                     No 3889/89 .
demonstrate the genuine nature of their business, and
who apply for quantities of some significance should be             3. The, proof referred to in paragraphs 1 and 2 shall be
granted access to the second part ; whereas verification of         provided by means of the customs document of release
the latter criterion requires that applications from a              for free circulation or export document. For reference
particular trader are to be submitted in the same Member            years 1988 and 1989 Member States may provide that the
State ;                                                             proof of import may be furnished by the holder whose
                                                                    name appears in box 4 of import licences.
Whereas, in order to avoid speculation, Operators who at 1
January 1991 were no longer engaged in activity in the              (4) OJ No L 331 , 2. 12. 1988, p. 1 .
beef sector should be excluded from access to the quota ;           O OJ No L 151 , 14. 6. 1990, p. 29.
                                                                    O OJ No L 241 , 13. 9. 1980, p. 5.
                                                                    f) OJ No L 286, 18. 10. 1990, p. 17.
(') See page 3 of this Official Journal.                            o OJ No L 24, 29. 1 . 1988, p. 4.
(2) OJ No L 148, 28 . 6. 1968, p. 24.                               O OJ No L 359, 28. 12. 1988, p. 5.
0 OJ No L 61 , 4. 3. 1989, p. 43.                                   O OJ No L 378, 27. 12. 1989, p. 16.
 ---pagebreak--- 29 . 12. 90                              Official Journal of the European Communities                           No L 367/ 137
4.     The 45 050 tonnes shall be allocated between the                  — Heffing geschorst voor . . . (hoeveelheid waarvoor
various importers in proportion to their imports during                      het certificaat is afgegeven) kg
the reference years.                                                     — Direito nivelador suspenso para ... kg (quantidade
                                                                             para a qual foi emitido o certificado).
5. The 7 950 tonnes shall be allocated in proportion to
the quantities applied for by importers.                            3. For the purposes of applying the arrangements,
                                                                    where the quantities are imported under the terms of
                            Article 2                               Article 8 (4) of Regulation (EEC) No 3719/88, the levy
                                                                    fixed in accordance with Article 12 of Regulation (EEC)
1 . Operators referred to in Article 4 (1 ) who, at 1               No 805/68 and the Common Customs Tariff duty of
January 1990 were no longer engaged in any activity in              20 % shall be charged on the quantites exceeding those
the beef sector shall not qualify under the arrangements            indicated in the import licence.
provided for in this Regulation.
                                                                                                Article 4
2. Companies arising from mergers each having rights
under Article 1 (1), shall benefit from the same rights as          1 . For the purposes of applying Article 1 (1 ) importers
 the companies from which they were formed.                         shall present to the competent authorities the application
                                                                    for an import licence together with the proof referred to
                            Article 3                               in Article 1 (3) by 25 January 1991 at the latest. The
                                                                    Member States shall forward to the Commission by 7
 1 . Eligibility under the import arrangements provided             February 1991 at the latest, a list of importers containing
 for in Article 1 shall be subject to presentation of an            in particular the importers' names and the addresses and
 application for an import licence.                                 the quantities of meat imported under the quota referred
 2. Licence applications and licences shall contain :               to in Regulation (EEC) No 3838/90, during each of the
                                                                    years in question.
 (a) in section 20, one of the following endorsements :
                                                                    2. For the purposes of applying Article 1 (2) (b)
     — Carne de vacuno congelada [Reglamento (CEE) n°               applications together with the proof referred to in Article
         3885/901
                                                                     1 (3) from importers may be lodged up to 25 January
     — frosset kød af hornkvæg (forordning (EØF) nr.                 1991 .
         3885/90)
     — Gefrorenes Rindfleisch (Verordnung (EWG) Nr.                 The application or applications lodged by the same party
         3885/90)                                                   may relate to an overall quantity not exceeding 50 tonnes
                                                                    of frozen meat, product weight.
     — Κατεψυγμένο βόειο κρέας (κανονισμός (ΕΟΚ)
         αριθ. 3885/90)                                             Member States shall forward to the Commission by 7
     — frozen meat of bovine animals (Regulation (EEC)               February 1991 at the latest a list of applicants including
         No 3885/90)                                                 in particular the quantities applied for and the countries
     — Viande bovine congelée (règlement (CEE) n0                    of origin indicated.
         3885/90)
                                                                                                Article 5
     — Carni bovine congelate (regolamento (CEE) n.
         3885/90)                                                    Licence applications referred to in Article 4 shall be
     — Bevroren rundvlees (Verordening (EEG) nr.                     admissible only where the applicant declares in writing
         3885/90)                                                    that he has not lodged and undertakes not to lodge any
     — Carne de bovino congelada [Regulamento (CEE) n?               application under the same special arrangements in any
         3885/901 ;                                                  Member State other than that in which application is
                                                                     lodged ; if an applicant lodges applications in respect of
 (b) in section 8, the country of origin ;                           the same special arrangements in two or more Member
 (c) in section 24, one of the following endorsements :              States, none of these applications shall be admissible.
     — exacción reguladora suspendida para . . . (cantidad          All applications from the same applicant shall be
         para la que se haya extendido el certificado) kg            regarded as a single application.
     — suspension af importafgift for ... (den mængde
         licensen er udstedt for) kg                                                            Article 6
     — Aussetzung der Abschöpfung für ... kg (Menge,                 1.     The   Commission      shall decide to  what extent
         für die die Lizenz erteilt wurde)
                                                                     applications may be accepted.
     — αναστέλλεται η εισφορά για . . . (ποσότητα για
         την οποία χορηγήθηκε το πιστοποιητικό) kg                   Subject to the Commission having decided that
     — levy suspended for ... (quantity for which the                applications be accepted, import licences shall be issued
         licence was issued) kg                                      from 18 February 1991 .
     — prélèvement suspendu pour . . . (quantité pour                2.     As regards the applications referred to in Article 4
         laquelle le certificat a été délivré) kg                    (2), if the quantities for which licences are applied for
     — prelievo sospeso per . . . (quantitativo per il quale e       exceed the quantities available, the Commission shall
         stato rilasciato il certificato) kg                         reduce the amounts applied for by a fixed percentage.
 ---pagebreak--- No L 367/ 138                          Official Journal of the European Communities                               29. 12. 90
3. If the reduction referred to in paragraph 2 results in        licences shall be ECU 10 per 100 kilograms net weight,
a quantity of less than five tonnes per application, the         and the term of validity of the licences shall expire on 31
allocation shall be by drawing lots, by batches of five          December 1991 .
tonnes .
                         Article 7                               3. The security referred to in paragraph 2 shall be
                                                                 lodged when the licences referred to in Article 6 (1),
For the purpose of applying the arrangements provided            second subparagraph are issued.
for by Regulation (EEC) No 3838/90 the quantities to be
imported must meet the conditions laid down in Article
17 (2) (f) of Council Directive 72/462/EEC (').
                                                                                          Article 8
                          Article 8
1.    Regulation (EEC) No 2377/80 shall apply.
                                                                 This Regulation shall enter into force on the day of its
2. However, notwithstanding Articles 3 and 6 of                  publication in the Official Journal of the European
Regulation (EEC) No 2377/80, the security for import              Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 27 December 1990.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
(') OJ No L 302, 31 . 12. 1972, p. 28.