Commission Regulation (EC) No 1247/1999 of 16 June 1999 laying down detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in certain third countries

COMMISSION REGULATION (EC) No 1247/1999
of 16 June 1999
laying down detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in certain third countries
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 last amended by Regulation (EC) No 2435/98(2), and in particular Article 8 thereof,
Having regard to Council Regulation (EC) No 1926/96 of 7 October 1996 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 agreements on free trade and trade-related matters with Estonia, Latvia and Lithuania, to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations(3), and in particular Article 5 thereof,
(1) Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96 provide for the opening of a tariff quota for 153000 live bovine animals each year, weighing from 80 to 300 kilograms and originating in Hungary, Poland, the Czech Republic, Slovakia, Romania, Bulgaria, Estonia, Latvia and Lithuania and qualifying for an 80 % reduction in customs duties; whereas it is necessary to adopt detailed rules of application, on a multiannual basis, for 12-month periods beginning on 1 July, hereinafter called the "year of import"; whereas, to that end, the annual arrangements provided for in the past for that quota should be applied;
(2) Whereas, with a view to preventing speculation, the quantity available should be made accessible to traders able to show that they are genuinely engaged in trade of a significant scale with third countries; whereas, in consideration of this and in order to ensure efficient management, the traders concerned should be required to have exported and/or imported a minimum of 50 animals during the 12 months preceding the year of import in question; whereas a consignment of 50 animals in principle constitutes a normal load; whereas experience has shown that the sale or purchase of a single consignment is a minimum requirement for a transaction to be considered real and viable;
(3) Whereas, if such criteria are to be checked, applications must be presented in the Member State where the importer is entered in a VAT register;
(4) Whereas, to ensure orderly importation, the issue of licences should be staggered over the year of import;
(5) Whereas it should be stipulated that import rights are to be allocated after a reflection period and where necessary with a fixed percentage reduction applied;
(6) Whereas the arrangements should be managed using import licences; whereas, to this end, rules should be laid down on the submission of applications and the information to be given on applications and licences, where necessary by addition of 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(4), as last amended by Regulation (EC) No 1127/1999(5), 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(6), as last amended by Regulation (EC) No 2648/98(7);
(7) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,