COMMISSION REGULATION (EC) No 2483/95 of 25  October 1995 opening and providing for the administration of a Community tariff quota for cows and  heifers, other than those intended for slaughter, of certain Alpine and mountain breeds,  originating in certain third countries for the period 1 July to 31 December 1995
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2179/95 of 8 August 1995 providing for the adjustment,  as an autonomous and transitional measure, of certain agricultural concessions provided for in the  Europe Agreements and amending Regulation (EC) No 3379/94 opening and administering certain  Community tariff quotas in 1995 for certain agricultural products and for beer, to take account of  the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations   (1), and in particular Article 8 thereof,
Whereas Regulation (EC) No 2179/95 provides, in the framework of the autonomous adjustment of the  concessions, for a tariff quota for animals of certain mountain breeds originating in certain third  countries; whereas the annual quota is 5  000 head; whereas this quota should therefore be opened  for 2  500 head for the period 1 July to 31 December 1995, and detailed rules adopted for its  application;
Whereas these arrangements are based on the allocation by the Commission of the quantities  available to traditional traders (first part) and traders involved in the cattle trade (second  part); whereas the first part should be allocated to traditional importers in proportion to the  number of animals imported under similar quotas between 1 July 1992 and 30 June 1995 and to  traditional importers in the new Member States; whereas, in order to prevent speculation and given  the end-use, only quantities of a certain size representative of trade with third countries should  be taken into account as reference quantities for the allocation of the second part; whereas, for  all traders from the new Member States, imported animals must be from countries which are third  countries for them at the time of import;
Whereas, subject to the provisions of this Regulation, Commission Regulations (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  (2), as last amended by  Regulation (EC) No 2137/95  (3), and (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   (4) are applicable to import certificates issued under this Regulation;
Whereas Article 82 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the  Community Customs Code  (5), as amended by the Act of Accession of Austria, Finland and Sweden,  provides for customs supervision of goods put into free circulation at a reduced rate of duty on  account of their end-use; whereas imported animals should be monitored for a certain period to  ensure they are not slaughtered; whereas, in order to ensure that the animals concerned are not  slaughtered, a security should be required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,
1.  The following tariff quota is hereby opened for the period 1 July  to 31 December 1995 for animals originating in the third countries listed in Annex I:
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2.  For the purposes of this Regulation, the animals referred to in paragraph 1 shall be considered  not to be intended for slaughter if they are not slaughtered within four months of the date of  acceptance of the declaration of release for free circulation.
Derogations may, however, be granted in the event of duly proven cases of force majeure.
1.  The quota referred to in Article 1 (1) shall be divided into two parts of 80  %,  i.e. 2  000 head, and 20  %, i.e. 500 head:
(a)  The first part, equal to 80  % of the quota volume, shall be allocated to:
-  importers from the Community as constituted on 31 December 1994 who are able to furnish proof of  having imported between 1 July 1992 and 30 June 1995, animals covered by the import quota for  animals in the category referred to in Article 1 (1), and -  importers from the new Member States who are able to furnish proof of having, between 1 July  1992 and 30 June 1995, imported into the Member State in which they are established animals falling  within the CN codes referred to in Annex II from countries which, at the time of import, were for  them third countries.
(b)  The second part, equal to 20  % of the quota volume, shall be reserved for applicants who can  prove that they imported, between 1 July 1994 and 30 June 1995, at least 15 live bovine animals  falling within CN code 0102 from countries which, at the time of import, were for them third  countries.
Importers must be entered in a national VAT register.
2.  Upon application for the right to import, the first part shall be importers as referred to in 1  (a) above in proportion to their imports of animals in the category referred to in Article 1 (1)  between 1 July 1992 and 30 June 1995 or to the quantities applied for if they are less than imports  during the period in question.
The second part shall be allocated to eligible importers as referred to in 1 (b) above in  proportion to the quantities applied for. In the latter case:
(a)  applications for the right to import more than 50 head shall automatically be reduced to that  number;
(b)  if, because of the numbers applied for, the percentage reduction results in fewer than 15 head  per application, the Member States shall, by drawing lots, allocate rights to import covering 15  head.
3.  Proof of import shall be provided by means of the customs document of release for free  circulation duly endorsed by the customs authorities.
1.  An application for the right to import may only be submitted in the Member State in  which the applicant is entered in a national VAT register.
2.  An applicant may submit only one application and that application shall refer to only one part  of the quota.
Where an applicant submits more than one application, all applications from that person shall be  considered invalid.
3.  For the purposes of Article 2 (2), all applications, accompanied by the proof referred to in  Article 2 (3), must reach the competent authorities by 27 October 1995.
After verifying the documents submitted, the Member States shall notify the Commission, by 8  November 1995, of:
-  the number of applicants and the number of head applied for by each category of importer,
-  the average figure for previous imports supplied by each applicant in respect of the quantities  reserved for importers as referred to in Article 2 (1) (a).
4.  All notifications, including 'zero` notifications, shall be made to the address given in Annex  III.
The Commission shall notify the Member States as soon as possible of the quantities to  be allocated to each applicant, where necessary as a percentage of the quantity originally applied  for or of the applicant's previous imports.
1.  Imports of quantities allocated shall be subject to presentation of an import  licence.
2.  Import licence applications may only be lodged with the competent authority of the Member State  in which the applicant is entered in a national VAT register.
3.  Pursuant to the notification of allocation from the Commission, import licences shall be issued  as soon as possible on application by and in the names of the traders who have obtained rights to  import. The issue of licences shall be subject to the lodging by the applicant of a security of ECU  25 per head.
The security shall be released immediately licences are returned to the issuing authority bearing  an endorsement by the customs authorities acknowledging import of the animals.
4.  The validity of the import licences shall expire on 31 December 1995.
5.  Without prejudice to the provisions of this Regulation, Regulation (EEC) No 3719/88 and  Regulation (EC) No 1445/95 shall apply.
Notwithstanding Article 9 (1) of Regulation (EEC) No 3719/88, however, import licences issued  pursuant to this Regulation shall not be transferable and shall confer the right to use the tariff  quota only if made out in the name entered on the declaration of release for free circulation  accompanying them.
(4) and the second subparagraph of Article 14 (3) of Regulation (EEC) No 3719/88 shall  not apply.
1.  Checks to ensure that imported animals are not slaughtered within four months of  release into free circulation shall be carried out in accordance with Article 82 of Regulation  (EEC) No 2913/92.
2.  Without prejudice to the provisions of Regulation (EEC) No 2913/92, importers shall lodge a  security of ECU 1  367 per tonne with the competent customs authorities to ensure compliance with  the obligation not to slaughter the animals.
The security shall be released immediately proof is supplied to the customs authorities concerned  that the animals:
(a)  were not slaughtered within four months of the date of release for free circulation,
or (b)  were slaughtered within that period for reasons constituting a case of force majeure or for  health reasons or died as a result of sickness or an accident.
On the licence application and the licence itself shall be entered:
(a)  in section 8, the countries referred to in Annex I; the licence shall carry with it an  obligation to import from one or more of those countries;
(b)  in section 16, the CN codes given in Annex II;
(c)  in section 20, one of the following:
-  Razas alpinas y de montaña [Reglamento (CE) n° 2483/95],
-  Alpine racer og bjergracer (forordning (EF) nr. 2483/95),
-  Hoehenrassen (Verordnung (EG) Nr. 2483/95),
-  ÁëðéêÝò êáé ïñaaâssóéaaò oeõëÝò [êáíïíéóìueò (AAÊ) áñéè. 2483/95],
-  Alpine and mountain breeds (Regulation (EC) No 2483/95),
-  Races alpines et de montagne [règlement (CE) n° 2483/95],
-  Razze alpine e di montagna [regolamento (CE) n. 2483/95],
-  Bergrassen [Verordening (EG) nr. 2483/95],
-  Raças alpinas e de montanha [Regulamento (CE) nº 2483/95],
-  Alppi- ja vuoristorotuja [asetus (EY) N :o 2483/95],
-  Alp- och bergraser (foerordning (EG) nr 2483/95).
At the beginning of each month, the competent authorities shall forward details of the  quantities and the origin of the animals imported during the previous month on the basis of the  returned licences referred to in Article 5 (3).
The information shall be sent by fax to the address given in Annex III.
This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities.
It shall apply from 1 July to 31 December 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.