Commission Regulation (EC) No 1566/95 of 30 June 1995 introducing management measures for imports of certain bovine animals for the second half of 1995

COMMISSION  REGULATION (EC) No 1566/95 of 30 June 1995 introducing management measures for imports of certain  bovine animals for the second half of 1995
THE COMMISSION OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agriculture sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (1), and in particular  Article 4 (3) thereof,
Having regard to Council Regulation (EC) No 3491/93 of 13 December 1993 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and the Republic of Hungary, of the other part  (2), and in  particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3492/93 of 13 December 1993 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and the Republic of Poland, of the other part  (3), and in  particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3296/94 of 19 December 1994 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and the Czech Republic, of the other part  (4), and in  particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3297/94 of 19 December 1994 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and the Slovak Republic, of the other part  (5), and in  particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3382/94 of 19 December 1994 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and Romania, of the other part  (6), and in particular  Article 1 thereof,
Having regard to Council Regulation (EC) No 3383/94 of 19 December 1994 on certain procedures for  applying the Europe Agreement establishing an association between the European Communities and  their Member States, of the one part, and the Bulgarian Republic of the other part  (7), and in  particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1275/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Estonia, of the other part  (8), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1276/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Latvia, of the other part  (9), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Lithuania, of the other part  (10), and in particular Article 1 thereof,
Whereas, as a result of production surpluses and other factors reducing outlets and in view of the  potential for export to third countries, there is an imbalance between supply and demand on the  Community beef and veal market; whereas an analysis of the sector for 1995 shows that the situation  is unlikely to improve significantly;
Whereas experience gained and forecasts for 1995 show that, in the absence of Community measures,  massive imports into the Community of live bovine animals of up to 160 kg are likely to occur, due,  in particular, to the economically favourable stockfarming conditions existing in certain third  countries; whereas such imports are likely to greatly exceed both the traditional annual level of  imports and the absorption capacity of the Community market; whereas, therefore, the beef and veal  market would be threatened with serious disturbance endangering, in particular, market prices and  producers' incomes and making public intervention more difficult;
Whereas Commission Regulation (EC) No 3076/94 of 16 December 1994 introducing management measures  for imports of certain bovine animals for the first half of 1995  (1) provides for the management  measures required to take account of market supply needs; whereas, in view of the aforementioned  factors and circumstances, similar measures should be taken for the period ending 31 December  1995;
Whereas, however, it is necessary to take into account the application from 1 July 1995 of the  Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations;  whereas the management measures provided for should therefore be restricted to products from the  third countries to which the Community grants preferential treatment and which have accepted that  the Community take measures to manage the importation of the animals in question;
Whereas the total absorption capacity of the Community market in 1995 is estimated at 425  000 head  other than purebred breeding animals; whereas, in view of imports planned under certain  preferential arrangements for 1995, i.e.: 277  200 head in the Council estimate and under the new  Uruguay Round quota concerning young male bovine animals weighing 300 kg or less and intended for  fattening and under the Europe Agreements concluded with the Republic of Poland, the Republic of  Hungary, the Czech Republic, the Slovak Republic, Romania and the Republic Bulgaria and the  agreements on free trade and trade-related measures with the Baltic Republics, 144  300 head should  be admitted for import at the full levy in 1995;
Whereas Regulation (EC) No 3076/94 of 16 December 1994 introduces management measures for imports  for the first half of 1995 in respect of 50  % of the aforementioned figure; whereas management  measures should be taken in respect of the other 50  % with, as countries of origin, the  aforementioned countries;
Whereas the Commission will closely monitor developments on the beef and veal market so as to be  able to react immediately to any changes in the relevant economic criteria;
Whereas, in order to take account to the greatest possible extent of the traditional structure of  the Community veal market, imports should be restricted to animals weighing 80 kg or less;
Whereas experience shows that limiting imports can give rise to speculative import applications;  whereas, in order to guarantee that the planned measures function correctly, most of the quantities  available should be reserved for so-called traditional importers of live bovine animals; whereas,  so as not to introduce rigidity into trade relations in the sector, a second allocation should be  made available for operators able to show that they are carrying out a genuine activity involving  trade in a significant number of animals with countries which are third countries on 31 December  1994; whereas in consideration of this and in order to ensure efficient management, a minimum of  100 animals should be required to have been exported or imported during 1994 by the operators  concerned; whereas a batch of 100 animals in principle constitutes a normal load and whereas  experience has shown that the sale or purchase of a single batch is a minimum requirement for a  transaction to be considered real and viable; whereas verification of those criteria requires that  all applications from the same operator be submitted in the same Member State;
Whereas steps must be taken to ensure that importers in the new Member States falling within the  first category can participate fairly in the allocation of the quantities available; whereas for  those importers, therefore, imports from countries which are for them third countries on 31  December 1994 of animals corresponding to those to which the quota refers carried out between 1  January 1992 and 31 December 1994 should be taken into account as reference quantities giving  access to the quantities reserved for traditional importers;
Whereas, so as to avoid speculation, access to the quota should be denied to operators no longer  carrying out an activity in the beef and veal sector on 1 January 1995;
Whereas administrative and technical procedures for the allocation between the eligible operators  and for the issue and use of import licences must be established; whereas Commission Regulation  (EEC) No 3719/88  (2), as last amended by Regulation (EC) No 1199/95  (3), lays down common  detailed rules for the application of the system of import and export licences and advance-fixing  certificates for agricultural products;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time  limit set by its chairman,