CELEX: 51992PC0221
Language: en
Date: 1992-05-25
Title: Proposal for a COUNCIL REGULATION (EEC) on the arrangements applicable to the importation into the Community of sheepmeat and goatmeat products originating in the Republics of Bosnia- Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia, Montenegro and Serbia

COMMISSION OF THE EUROPEAN                         COMMUNITIES
                                           COM(92) 221 final
                                           Brussels, 25 May 1992
                            Proposal for a
                       COUNCIL REGULATION (EEC)
       on the arrangements applicable to the importation into
    the Community of sheepmeat and goatmeat products originating
    in the Republics of Bosnia-Herzegovina, Croatia and Slovenia
   and the Yugoslav Republics of Macedonia, Montenegro and Serbia
                    (presented by the Commission)
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                                                              <
                           EXPLANATORY MEMORANDUM
In 1981 the Community concluded a voluntary restraint Agreement with the
Socialist Federal Republic of Yugoslavia on trade in live animals and
sheepmeat and goatmeat.
The normal and balanced administration of the Agreement has proved to be
impossible on account of the changes which have taken place since 1991 in
that Republic and the creation of new Republics.
In order to maintain a pattern of trade to the Community which has
traditionally existed, the Commission is proposing to suspend the system of
administering the Agreement and to provide temporarily for its exclusive
administration by the Community.
The attached proposal for a Regulation has as its subject matter such
measures.
The proposal has no consequences for small and medium-sized undertakings.
 ---pagebreak---                                          proposal for GL                     ~}
                       Council Regulation (EEC) No ...                      JS
           on the arrangements applicable to the importation into
        the Community of sheepmeat and goatmeat products originating
        in the Republics of Bosnia-Herzegovina, Croatia and Slovenia
       and the Yugoslav Republics of Macedonia, Montenegro and Serbia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof
Having regard to the proposal from the Commission,
Whereas the normal and balanced administration of the 1981 Agreement
between the European Economic Community and the Socialist Federal Republic
of Yugoslavia on trade in the sheepmeat and goatmeat sector, which entered
into force on 1 January 1 9 8 1 t 1 ) , as adjusted by the 1990 Agreement which
entered into force on 1 January 1 9 8 9 ^ ) , has proved to be impossible on
account of the changes which have taken place since 1991 in that Republic;
whereas the creation of new Republics, some of which are recognized by the
Community, represents a profound change in the conditions under which the
said Agreement has been administered until now;
Whereas, in order to avoid a disruption of the pattern of trade which has
traditionally existed under the said Agreement, it would be appropriate,
while maintaining the substance of the Agreement, to suspend its system of
administration and provide, on a temporary basis, for the exclusive
administration of the agreed arrangements by the Community; whereas in
this respect the issue of an import licence should no longer be conditional
on the submission of a Yugoslav export licence and steps should be taken to
ensure the fair distribution of the quantities agreed among the various
Republics;
 (1) OJ No L 137, 23.5.1981, p. 29.
 (2) OJ No L 95, 12.4.1990, p. 1.
 ---pagebreak---                                                                    7
Whereas, in order to ensure this fair distribution of imports among the
Republics in question, rules should be laid down for checking the origin of
the products imported;
Whereas this Regulation is without prejudice to Council Directive
72/462/EEC of 12 December 1972 on health and veterinary inspection problems
upon importation of bovine animals and swine and fresh meat from third
countries^2), as last amended by Directive 89/227/EEC(3),
HAS ADOPTED THIS REGULATION:
                                  Article 1
The administration of the import arrangements laid down in points 9 and 10
of the 1981 Agreement between the European Economic Community and the
Socialist Federal Republic of Yugoslavia on trade in the sheepmeat and
goatmeat sector and in points 2 and 3 of the 1990 adjustment Agreement is
hereby suspended and replaced by the following arrangements.
                                  Article 2
 1. In order to comply with the Agreement referred to in Article 1 and in
    particular the quantities specified therein, the importation of any of
    the products specified in the Agreement shall be conditional on the
    submission of an import licence as provided for in Article 15 of
    Regulation (EEC) No 3013/89(4). The issue of such licence shall be
    conditional on the provision of a security as a guarantee that
    importation will be effected during the period of validity of the
    licence. The security shall be wholly or partially forfeit if the
    operation is not carried out, or is only partially carried out, within
    this time limit.
 (2) OJ No L 302, 31.12.1972, p. 28.
 (3) OJ No L 93, 6. 4.1989, p. 25.
 (4) OJ No L 289, 7.10.1989, p. 1.
 ---pagebreak---                                                                      5
2. Applications for an import licence shall be accompanied by a document
   setting out the name of the Republic in which the products concerned
   originate.
3. On the issue of import licences for the products referred to in the 1981
   Agreement, care must be taken to ensure a fair distribution of the
   licences among the various Republics with particular attention being
   devoted to the distribution of production among those Republics.
                                  Article 3
1. Detailed rules for the application of this Regulation shall be adopted
   by the Commission in accordance with the procedure laid down in Article
   30 of Regulation (EEC) No 3013/89.
2. The detailed rules shall concern in particular:
    (a) the issue of import licences on the basis of the criterion referred
        to in Article 2(3) and, where necessary, the adoption of rules on
        the origin of the products concerned;
    (b) the suspension for the remainder of the year of imports originating
         in the various Republics if during that period:
         -       the imports originating in the various Republics exceed the
                 quantities referred to in the 1981 Agreement, or
         -       the individual imports from one of those Republics exceed
                 the quantities arising from the fair distribution referred
                 to in Article 2(3) of this Regulation;
    (c)  the monitoring, on the basis of the monthly price average, of the
         prices at which lamb carcases and live animals originating in the
         Republics referred to in this Regulation are imported;
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   (d)  the determination of the measures to be taken, if necessary, in
        cases where a drop in the prices for lamb carcases and/or live
        animals imported from the Republics is observed in a Member State
        and is indicative of a problem;
   (e)  the temporary measures necessary to facilitate the introduction of
        the import arrangements provided for in this Regulation.
                                 Article 4
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
                                                        For the Council
                                                        The President
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                                                                    KSN 0254-1475
                                                              COM(92) 221 final
                                                      DOCUMENTS
EN                                                                            03
                                 Catalogue number : CB-CO-92-231-EN-C
                                                             ISBN 92-77-44483-5
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