COMMISSION REGULATION (EC) No 3409/93 of 13 December 1993 introducing management measures for imports of certain bovine animals for 1994

COMMISSION REGULATION (EC) No 3409/93 of 13 December 1993 introducing management measures for imports of certain bovine animals for 1994
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1157/92 of 28 April 1992 authorizing the implementation of management measures relating to imports of live bovine animals (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (2), as last amended by Regulation (EEC) No 125/93 (3), and in particular Article 15 (2) thereof,
Whereas, as a result of large 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 1994 shows that the situation is unlikely to improve in the short term;
Whereas experience gained and forecasts for 1994 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, in order to take better account of market supply needs, instead of traditional protective measures such as that adopted by Commission Regulation (EEC) No 1023/91 of 24 April 1991 suspending the issuing of import licences for live animals of the  bovine species (4), other appropriate management measures should be introduced in accordance with Article 1 of Regulation (EEC) No 1157/92;
Whereas the total absorption capacity of the Community market in 1994 is estimated at a maximum of 425 000 head other than pure-bred breeding animals;
Whereas, in view of imports planned under certain preferential arrangements for 1994, i.e. 257 400 head included in the proposed 1994 Council estimate concerning young male bovine animals weighing 300 kg or less and intended for fattening for the period  1 January to 31 December 1994, and under the Interim Agreements conclude with the Republic of Poland, the Republic of Hungary and the former Czech and Slovak Federal Republic, 167 600 head should be admitted for import at the full levy in 1994;
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 of animals weighing 80 kg or less must be limited;
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 a significant  number of animals; whereas verification of those criteria requires that all applications from the same operator be submitted in the same Member State;
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 1994;
Whereas the importation of 167 600 head during a single short period might excessively restrict economy freedom and would not adequately supply the market in view of the cyclical nature of market needs; whereas, therefore, different import periods  should be laid down;
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 (1), as amended by Regulation (EEC) No  1963/93 (2), lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products; whereas Commission Regulation (EEC) No 2377/80 (3), as last amended by Regulation  (EEC) No 2867/93 (4), lays down special detailed rules for the application of the system of import and export licences in the beef and veal sector; whereas the correct functioning of the management measures laid down by this Regulation requires  derogations from certain provisions of the abovementioned Regulations;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,