Commission Regulation (EC) No 1941/95 of 4 August 1995 opening for the second half of 1995, and laying down detailed rules for the application of, the tariff quotas for live bovine animals weighing between 160 and 300 kilograms originating in and coming from the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic

COMMISSION REGULATION (EC) No 1941/95 of 4 August 1995 opening for the second half of 1995, and laying down detailed rules for the application of, the tariff quotas for live bovine animals weighing between 160 and 300 kilograms originating in and coming from the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 (1), 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 (2), 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 (3), 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 (4), and in particular Article 1 thereof,
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 (5) and in particular Article 3 (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 (6), as last amended by Regulation (EC) No 424/95 (7), and in particular Article 9 (2) thereof,
Whereas the Europe Agreements concluded with Poland (8), Hungary (9), the Czech Republic (10) and the Slovak Republic (11) provide for an annual tariff quota for imports of bovine animals weighing between 160 and 300 kilograms originating in and coming from Poland, Hungary, the Slovak Republic or the Czech Republic at a reduced 25 % levy;
Whereas the reference quantity fixed in the Europe Agreements for 1995 is 277 200 head; whereas the quantity of young male bovine animals for fattening, which is to be deducted from the above quantity, comes to 99 000 head in the first half of 1995 and 84 500 head in the second half; whereas this leads to an annual tariff quota for 1995 of 93 700 head; whereas Commission Regulation (EC) No 3170/94 of 21 December 1994 opening for the first half of 1995 and laying down detailed rules for the application of an import quota for live bovine animals weighing between 160 and 300 kilograms, originating in and coming from the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic (12), as amended by Regulation (EC) No 844/95 (13), provides for an initial quantity of 39 600 head on this quota for the first half of 1995; whereas the remaining quota of 54 100 head should now be opened for the second half of 1995;
Whereas, with a view to preventing speculation, the quantity available 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 considered to be third countries on 31 December 1994; whereas in consideration of this and in order to ensure efficient management, a minimum of 50 animals should be required to have been exported or imported during 1994 by the operators concerned; whereas a batch of 50 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, while recalling the provisions of the Agreements intended to guarantee product origin, the quotas in question should be managed using import licences; whereas to this end rules should be set on submission of applications and the information to be given on applications and licences, by way of derogation from certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for application of the system of import and export licences and advance fixing certificates for agricultural products (14), as last amended by Regulation (EC) No 1199/95 (15), and of 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 (16); whereas it should moreover be stipulated that licences are to be issued following a reflection period and where necessary with a flat-rate percentage reduction applied;
Whereas under the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations (17) the Community has undertaken to convert the variable agricultural levies into fixed customs duties with effect from 1 July 1995; whereas it is accordingly necessary to provide, as a temporary measure for the period 1 July 1995 to 31 December 1995, that the rate of reduction of the full levy under the tariff quota should apply to the specific customs duties set in the common customs tariff;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,