CELEX: 31990R3838
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3838/90 of 20 December 1990 opening and providing for the administration of a Community tariff quota for meat of bovine animals, frozen, falling within CN code 0202 and products falling within CN code 0206 29 91 (1991)

29 . 12. 90                             Official Journal of the European Communities                             No L 367/3
                                      COUNCIL REGULATION (EEC) No 3838/90
                                                     of 20 December 1990
                  opening and providing for the administration of a Community tariff quota for
                  meat of bovine animals, frozen, falling within CN code 0202 and products falling
                                              within CN code 0206 29 91 (1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                            Article 1
thereof,
Having regard to the proposal from the Commission,                 1 . A Community tariff quota for meat of bovine
                                                                   animals, frozen, falling within CN code 0202 and
                                                                   products falling within CN code 0206 29 91 , totalling
Whereas, for meat of bovine animals, frozen, falling               53 000 tonnes, expressed in weight of boned or boneless
within CN code 0202 and products falling within CN                 meat, is hereby opened for 1991 .
code 0206 29 91 , the Community has undertaken, within
the framework of the General Agreement on Tariffs and
Trade (GATT), to open an annual Community tariff quota             For the purposes of counting against the said quota, 100
at a rate of duty of 20 % , the quantity of which, expressed       kilograms of bone-in meat shall be equivalent to 77 kilo­
in weight of boned or boneless meat, has been fixed at             grams of boned or boneless meat.
 53 000 tonnes ; whereas that quota should accordingly be
opened for 1991 ;                                                  2. For the purposes of this Regulation, meat which is
                                                                   presented frozen at the time of acceptance of the import
Whereas there should be a guarantee of, in particular,             declaration shall be deemed frozen meat.
 access by all interested traders within the Community to
 the quota and of uninterrupted application of the rate laid       3. The Common Customs Tariff duty applicable to the
 down for that quota to all imports of the products in             quota shall be 20 % .
 question until the quota is exhausted ;
Whereas the transitional arrangements adopted in respect
 of the quota for 1990 have operated satisfactorily ; whereas                                Article 2
 they consist of the allocation by the Commission of the
 quantities available to the traditional operators and to
                                                                   The quota of 53 000 tonnes shall be divided into two
 operators engaging in trade in beef and veal, so as to give       parts as follows :
 the latter progressive access to the benefits of those arran­
gements ; whereas, in view of this, the opportunities for          (a) the first, equal to 85 % or 45 050 tonnes, shall be
 access should be widened by increasing the proportion                 apportioned between importers who can prove they
 allocated to the latter operators ; whereas, in order to
                                                                       have imported frozen meat falling within CN code
 ensure that their activities are genuine, only quantities of
                                                                       0202 or products falling within CN code 0206 29 91
 a certain size representative of trade with third countries           to which these import arrangements apply during the
 should be considered ;
                                                                       last three years ;
 Whereas, in order to ensure the quota is fully utilized, it is    (b) the second, equal to 1 5 % or 7 950 tonnes, shall be
 necessary to set a time limit for lodging import licence              apportioned between operators who can prove that
 applications and to allow the transfer of any quantities              they engage in trade, involving a minimum quantity
 that have not been applied for at that date during the last           and for a period to be determined, with third coun­
 quarter of 1991 , and their allocation to operators on the            tries in beef and veal other than that to which these
 basis of the quantities remaining rather than the original            import arrangements apply and excluding meat which
 allocation criteria ;                                                 is the subject of inward or outward processing traffic.
 Whereas the detailed rules for the application for this
 Regulation should be drawn up in accordance with the
                                                                                             Article 3
 procedure laid down in Article 27 of Council Regulation
 (EEC) No 805/68 of 27 June 1968 on the common orga­
 nization of the market in beef and veal ('), as last amended      1 . Quantities which have not been covered by an
 by Regulation (EEC) No 571 /89 (2),                               import licence application at 31 August 1991 shall be the
                                                                   subject of a further allocation during the fourth quarter of
 (') OJ No L 148 , 28 . 6. 1968, p. 24.                            that year, without account necessarily being taken of the
 (2) OJ No L 61 , 4. 3. 1989, p. 43.                               apportionment referred to in Article 2.
 ---pagebreak--- No L 367/4                           Official Journal of the European Communities                            29 . 12. 90
2. Member States shall notify the Commission, before           (b) the conditions governing the issue and the term of
16 September 1991 , of quantities not applied for at 31             validity of import licences.
August of that year.
                         Article 4
                                                                                         Article 5
Detailed rules for the application of this Regulation shall
be adopted in accordance with the procedure laid down
in Article 27 of Regulation (EEC) No 805/68, and in             This Regulation shall enter into force on the day of its
particular rules on :                                           publication in the Official Journal of the European
                                                                Communities.
(a) the apportionment and allocation of quantities avai­
    lable between the operators referred to in Article 2 ;
    and                                                         It shall apply from 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 20 December 1990.
                                                                            For the Council
                                                                              The President
                                                                              G. RUFFOLO