Commission Regulation (EEC) No 1233/93 of 19 May 1993 amending Regulation (EEC) No 585/93 and Regulation (EEC) No 619/93 on promotional and publicity measures in respect of milk and milk products and on improving the quality of milk in the Community respectively

COMMISSION REGULATION (EC) No 1233/96 of 28 June 1996 laying down detailed rules for the application of a tariff quota for cows and heifers other than for slaughter of certain mountain breeds originating in certain third countries for the second half of 1996
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), as amended by Regulation (EC) No 1194/96 (2), and in particular Article 8 thereof,
Whereas Regulation (EC) No 1194/96 provides for the extension to the second half of 1996 of a tariff quota of 2 500 cows and heifers of certain mountain breeds originating in Hungary, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Lithuania, Latvia and Estonia at customs duty of 6 % ad valorem as provided for in Regulation (EC) No 3066/95; whereas management measures covering the importing of such animals should be laid down;
Whereas experience shows that limiting exports may lead to speculative import licence applications; whereas, in order to ensure that the contemplated measures function properly, the greater part of the quantities available should be set aside for so-called traditional importers of cows and heifers of certain mountain breeds; whereas, in order to avoid forcing trade relations in this product group into an excessively rigid mould, a second tranche should be made available for operators capable of demonstrating that they are engaged in genuine trade of some scale with third countries; whereas, in this connection and in order to ensure efficient management, the operators concerned must be required to have imported at least 15 head in the period 1 July 1995 to 30 June 1996; whereas a batch of 15 animals in principle constitutes a normal load and whereas experience shows that the sale or purchase of a single batch is a minimum requirement for a transaction to be considered genuine and viable; whereas verification of these criteria requires all applications from the same operator to be submitted in the same Member State;
Whereas steps must be taken to ensure that importers in the first category in the new Member States can participate fairly in the allocation of the quantities available; whereas the reference quantities to be used to determine such operators' access to the quantities set aside for traditional importers should be the quantities they imported from 1 July 1993 to 31 December 1994 from countries regarded as third countries from their viewpoint at 31 December 1994 and the quantities they imported from 1 January 1995 to 30 June 1996 under the same type of quota;
Whereas, in order to prevent speculation, operators no longer engaged in trade in beef and veal at 1 July 1996 should be denied access to the quota;
Whereas provision should be made for the arrangements to be administered by means of import licences; whereas, to that end, detailed rules should be laid down in particular on the submission of applications and on the information to appear in applications and in licences, where appropriate, by way of derogation from certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EC) No 2137/95 (4), 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 (5), as last amended by Regulation (EC) No 2856/95 (6); whereas provision should also be made for the licences to be issued after a delay for reflection and, where necessary, subject to the application of a single percentage reduction;
Whereas Article 82 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (7), as last amended by the Act of Accession of Austria, Finland and Sweden, provides for customs supervision of goods released for free circulation at reduced rate on account of their end-use; whereas the animals imported should be monitored to ensure they are not slaughtered during a certain period; whereas a security should be required to ensure compliance with the requirement for the animals not to be slaughtered;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,