Commission Regulation (EC) No 1080/2001 of 1 June 2001 opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 02062991 (1 July 2001 to 30 June 2002)

Commission Regulation (EC) No 1080/2001
of 1 June 2001
opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 2001 to 30 June 2002)
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), and in particular Article 32(1) thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV(6) negotiations(2), and in particular Article 1(1) thereof,
Whereas:
(1) Schedule CXL requires an annual import quota to be opened for 53000 tonnes of frozen beef covered by CN code 0202 and products covered by CN code 0206 29 91. Implementing rules should be laid down for the 2001/02 quota year starting on 1 July 2001.
(2) For the allocation of the quota the method laid down in the third indent of Article 32(2) of Regulation (EC) No 1254/1999 should be applied, avoiding discrimination between the traders concerned. Access to the quota should therefore be extended to those traders known as "new arrivals".
(3) Traditional importers should consequently be allocated 70 % of the quota, i.e. 37100 tonnes, in proportion to the quantities imported by them under the same type of quota during the period 1 July 1997 to 30 June 2000. In certain cases administrative errors by the competent national body are liable to restrict traders' access to this part of the quota. Steps should be taken to make good any resulting damage.
(4) Traders who can show that they are genuinely involved in trade of some significance should be granted access to the second part of the quota, i.e. 15900 tonnes, in accordance with a procedure whereby the parties concerned submit applications to be accepted by the Commission. Proof of genuine involvement in trade calls for evidence to be presented of trade of some significance in beef and veal with non-member countries during the period 1 July 1998 to 30 June 2000.
(5) In 1999 Belgian beef and veal exports were severely affected by discussion of dioxin. As far as the figure of 15900 tonnes is concerned, Belgium's situation as regards exports should be taken into account when the criteria relating to results are determined.
(6) If such criteria are to be checked, applications must be submitted in the Member State where the importer is entered in the national VAT register.
(7) In order to prevent speculation:
- traders no longer involved in trade in beef and veal at 1 June 2001 should be denied access to the quota,
- a security relating to import rights should be fixed,
- the possibility of transferring import licences should be excluded,
- the issue of import licences to traders should be limited to the import rights allocated to them.
(8) To oblige traders to apply for import licences for all the import rights allocated, it should be established that obligation constitutes a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(3), as last amended by Regulation (EC) No 1932/1999(4).
(9) Save as otherwise provided in this Regulation, Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products(5) 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 Regulation (EEC) No 2377/80(6), as last amended by Regulation (EC) No 24/2001(7), are applicable to import licences issued under this Regulation.
(10) Effective management of the quota and fraud prevention in particular require used licences to be returned to the competent authorities so they can check that the quantities shown therein are correct. The competent authorities must accordingly be under an obligation to carry out such checks. The security to be lodged when licences are issued should be fixed at a level that ensures licences are actually used and returned to the competent authorities.
(11) The Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its Chairman,