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

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
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 measure 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 (EC) No 1884/94 (3), and in particular Article 15 (2) 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 ocur, 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 capasity 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 1995 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 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 Interim Agreements concluded with the Republic of Poland, the Republic of Hungary,  the former Czech and Slovak Federal Republic and the Baltic Republics, 144 300 head should be admitted for import at the full levy in 1995;
Whereas the Uruguay Round Agreements are due to apply from 1 July 1995; whereas management measures should, therefore, only be adopted until that date and a quota for 50 % of the 144 300 head opened for the first half of 1995;
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 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 the importation of 72 150 head during a single short period might excessively restrict economic 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 (5), as last amended by Regulation (EC) No  2746/94 (6), 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 (7), as last amended by Regulation  (EC) No 1084/94 (8), lays down special detailed rules for the application of the system of import 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,