COMMISSION REGULATION (EC) No 1462/95 of 27 June 1995 opening and  providing for the administration of an import tariff quota for young male bovine animals for  fattening (1 July 1995 to 30 June 1996)
THE COMMISSION OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of  the market in beef and veal  (1), as last amended by Regulation (EC) No 424/95  (2), and in  particular Article 12 (1) and (4) 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  (3), and in particular  Article 3 thereof,
Whereas under the WTO Agreement the Community has undertaken to open an annual import tariff quota  of 169  000 head of young male bovine animals for fattening; whereas the rules of application for  the quota year 1995/96 starting 1 July 1995 must be established;
Whereas in accordance with Article 12 (2) of Regulation (EEC) No 805/68 the administration of the  quota should take into account the traditional pattern of trade in the animals concerned;
Whereas the supply requirements of certain regions of the Community which have a serious shortfall  in bovine animals for fattening should be taken into account; whereas, as those requirements are  apparent particularly in Italy and Greece, priority should be given to satisfying the demand in  those two Member States;
Whereas, in order to ensure a smooth transition from arrangements based on the so-called balance  sheet to arrangements related to the present tariff quota, appropriate provisions should be laid  down, in particular through a continuation of the method of allocation between traditional  importers and operators proving active trading in live animals with third countries;
Whereas in the framework of the implementation of the WTO Agreement the detailed rules for the  application of the system of import licences in the beef sector, presently provided for by  Commission Regulation (EEC) No 2377/80  (4), as last amended by Regulation (EC) No 1084/94  (5),  should be modified before 1 July 1995; whereas, in order to prevent practical problems of  application linked to the present tariff quota, Regulation (EEC) No 2377/80 should not apply;  whereas special detailed rules on import licences for that quota should be adopted instead; whereas  those special detailed rules should take priority over the provisions of Commission Regulation  (EEC) No 3719/88  (6), as last amended by Regulation (EC) No 1199/95  (7);
Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 805/68, imports into the Community of  live animals under the present tariff quota are subject to presentation of an import licence;  whereas the application of this tariff quota requires strict surveillance of imports and effective  checks as to their use and destination; whereas therefore importation must take place in the Member  State which issued the import licence;
Whereas a security shall be lodged in order to guarantee that the animals are fattened for at least  120 days in designated production units; whereas the amount of the security should be fixed taking  into account the difference between the customs duties applicable inside and outside the quota;
Whereas Council Regulation (EEC) No 990/93  (8) prohibits trade between the European Community and  the Republics of Serbia and Montenegro; whereas these Republics are therefore excluded from the  arrangements provided for in this Regulation;
Whereas Commission Regulation (EEC) No 612/77  (9), as last amended by Regulation (EEC) No 1121/87   (10), should be repealed;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time  limit set by its chairman,
1.  A tariff quota of 169  000 head of live male bovine animals  falling within CN codes 0102  90  05, 0102  90  29 or 0102  90  49 and intended for fattening in  the Community is hereby opened for the period 1 July 1995 to 30 June 1996.
2.  The import duty to apply for the quota referred to in paragraph 1 shall be ECU 582 per tonne  plus 16  % ad valorem. The application of this rate of duty shall be subject to fattening of the  imported animal in the Member State of importation for a period of at least 120 days.
The conversion rate for the duty expressed in ecus shall be the rate applicable under the Common  Customs Tariff on the day of importation.
3.  For the purpose of this Regulation the day of importation is the day of acceptance of the  declaration of release for free circulation.
1.  The quantities referred to in Article 1 (1) shall be allocated for importation into  the following Member States:
(a)  Italy: 143  650 head;
(b)  Greece: 21  970 head;
(c)  Other Member States: 3  380 head.
2.  Within each of the quantities referred to in points (a) and (b) of paragraph 1 import rights  relating to:
-  80  % of the quantity shall be allocated directly to importers who provide proof of having  imported animals under the regulations referred to in the Annex during the last three calendar  years. The number of head shall be allocated in proportion to the number of head imported in the  three years concerned,
-  20  % of the quantities shall be allocated directly to operators proving that in 1994, they  exported to and/or imported from countries which for them were third countries on 31 December 1994  at least 50 live animals falling within CN code 0102  90, excluding imports under the Regulations  referred to in point (b) of the Annex.
Applications for import rights shall be presented:
-  in Italy for the quantities referred to in point (a) of paragraph 1,
-  in Greece for the quantities referred to in point (b) of paragraph 1.
3.  The quantities referred to in point (c) of paragraph 1 shall be allocated to operators  providing proof that, in 1994, they exported to and/or imported from countries which for them were  third countries on 31 December 1994 at least 50 live animals falling within CN code 0102  90.
Applications for import rights shall be presented in the Member State, other than Italy and Greece,  where the applicant is entered on the value added tax register.
4.  The quantities referred to in the second indent of the first subparagraph of paragraph 2 and in  paragraph 3 shall be allocated to each eligible operator in proportion to the quantities applied  for.
5.  Proof of import and/or export shall be provided solely by means of customs documents of release  for free circulation or export documents. However, with the Commission's authorization, Austria,  Sweden and Finland may, if appropriate, accept alternative forms of proof.
Member States may accept duly certified copies of those documents if the applicant can prove to the  satisfaction of the competent authority that it is impossible for him to obtain the original  documents.
1.  Operators who were no longer engaged in trade in live bovine animals on 1 January  1995 shall not qualify under the arrangements provided for in this Regulation.
2.  Companies arising from mergers where each constituent part has rights pursuant to the first  subparagraph of Article 2 (2) shall enjoy the same rights as the companies from which they are  formed.
1.  An application for import rights is valid only if it is lodged by an operator who  is entered on a national value added tax register.
2.  Each application for import rights shall not exceed the available number of head.
Where under any one category referred to in Article 2 (2) and (3) an applicant submits more than  one application all such applications shall be inadmissible.
3.  For the purpose of Article 2 (2) and (3) each application shall reach the competent authority  by 30 June 1995, accompanied by the necessary proofs.
4.  As regards applications under Article 2 (3), after verification of the documents presented,  Member States shall forward to the Commission by 14 July 1995 a list of applicants and quantities  applied for.
The Commission shall decide as soon as possible to what extent applications may be accepted. Where  the quantities applied for exceed the quantities available, the Commission shall reduce the  quantities applied for by a fixed percentage.
1.  Any import of animals for which import rights have been allocated shall be subject  to presentation of an import licence.
2.  Licence applications may be lodged solely:
-  in the Member State where the application for import rights was lodged,
-  by the operators to whom import rights have been allocated in accordance with Articles 2 and 4.
3.  The licence security referred to in Article 14 of Regulation (EEC) No 3719/88 shall be ECU 3  per head.
The conversion rate for the security shall be the rate applicable under the Common Customs Tariff  at the time of application for the licence.
4.  Licences shall be issued from 1 July until 31 December 1995 for a maximum of 50  % of the  allocated import rights. Import licences for the remaining quantities shall be issued from 2  January 1996.
5.  The licence application and the licence itself shall contain:
(a)  in Section 8, the country of origin,
(b)  in Section 16, the following CN codes: 0102  90  05, 0102  90  29, 0102  90  49,
(c)  in Section 20, the following indication:
'Live male bovine animals under 300 kg per head (Regulation (EC) No 1462/95)/licence valid in  (issuing Member State)`.
6.  The import licence shall not give the right to import animals originating in the Republics of  Serbia and Montenegro.
1.  Importation of the animals concerned shall take place in the Member States issuing  the import licence.
2.  At the time of importation the importer shall produce a written undertaking to inform the  competent authority within one month of the farm or farms where the young animals are fattened.
3.  At the time of importation a security of ECU 785 per tonne shall be lodged with the competent  authority guaranteeing that the animals imported will be fattened in the importing Member State for  a period of at least 120 days from the day of importation.
The conversion rate for the security shall be the rate applicable under the Common Customs Tariff  at the time of importation.
4.  Except in cases of force majeure, the security shall not be released unless proof is furnished  to the competent authority of the importing Member State that the young bovine animals:
(a)  have been fattened in the farm or farms indicated pursuant to paragraph 2;
(b)  have not been slaughtered before the expiry of a period of 120 days from the day of  importation; or (c)  have been slaughtered before the expiry of this period for health reasons or have died as a  result of sickness or accident.
The security shall be released immediately after such proof has been furnished.
However, where the time-limit referred to in paragraph 2 has not been observed, the amount of the  guarantee to be released shall be reduced by -  15  % and by -  2  % of the remaining amount for each day by which it has been exceeded.
The amounts not released shall be forfeited and retained as a customs duty.
5.  If the proof referred to in paragraph 4 is not furnished within 180 days from the day of  importation the security shall be forfeited and retained as a customs duty.
However, if such proof has not been furnished within the 180 days but is produced within the 18  months following the said period of 180 days, the amount forfeited, less 15  % of the security  amount, shall be repaid.
6.  Article 8 (4) of Regulation (EEC) No 3719/88 shall apply. However, the full Common Customs  Tariff duty shall be collected in respect of quantities imported in excess of those stated in the  import licence.
Three weeks at the latest after importation of the animals concerned, the importer  shall inform the competent authority which issued the import licence, of the number and origin of  the animals imported. This authority shall forward that information to the Commission at the  beginning of each month.
Import licences issued pursuant to this Regulation shall be valid for 90 days from  their day of issue. However, no licences shall be valid after 30 June 1996.
1.  Each animal imported under this Regulation shall be identified by the placing of:
-  an indelible tattoo, or -  an official or officially approved earmark on at least one of its ears.
2.  The tattoo or mark shall be so designed as to enable, by means of a record made by the  competent authority when the animal is put into free circulation, the date when it was put into  free circulation and the identity of the importer to be established.
0
The provisions of Regulation (EEC) No 3719/88 shall apply, subject to the provisions  of this Regulation. The provisions of Regulation (EEC) No 2377/80 shall not be applicable.
1
Regulation (EEC) No 612/77 is repealed. It shall however, remain applicable for  imports under Commission Regulations (EC) No 3171/94  (1) and (EC) No 692/95  (2).
2
This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.