COMMISSION REGULATION (EC) No  2465/95 of 23 October 1995 laying down certain detailed rules for the application of a tariff quota  for live bovine animals weighing between 160 and 300 kilograms originating in certain third  countries as provided for in Council Regulation (EC) No 2179/95, and repealing Regulation (EC) No  1842/95
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 for the adjustment of certain concessions concerning  live bovine animals provided for in the Europe Agreements concluded with the Republic of Hungary,  the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and the Republic of  Bulgaria; whereas, however, application of those concessions is provided for only after the  countries in question have taken measures of comparable effect; whereas the aforementioned  countries have now taken such measures or will take them as soon as possible;
Whereas the quota for live bovine animals weighing between 160 and 300 kilograms qualifying for an  80  % duty reduction is 76  500 head for the period 1 July to 31 December 1995; whereas that quota  is open to the aforementioned countries and the three Baltic states; whereas, under 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  (2), as amended by Regulation (EC) No 2017/95   (3), and under Commission Regulation (EC) No 2235/95 of 21 September 1995 determining to what  extent licence applications submitted during August 1995 for live bovine animals weighing between  160 and 300 kilograms as part of a tariff quota provided for under European agreements concluded  between the Community and the Republic of Poland, the Republic of Hungary, the Czech Republic and  Slovakia may be accepted  (4), operators have already been authorized to import 54  100 head of  animals in that category; whereas, therefore, a quantity of 22  400 qualifying for that reduction  remains; whereas it is necessary to repeal Regulation (EC) No 1842/95 of 26 July 1995 laying down  for 1995 detailed rules for the application to live bovine animals of the tariff quotas provided  for in the free trade Agreements between the Community, of the one part, and Estonia, Latvia and  Lithuania, of the other part  (5), given the fact that the quota referred to therein is included in  the quantity of 22  400 head;
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  (6), as last amended by Regulation (EC) No  2137/95  (7), 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  (8); 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 the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,
1.  As part of the tariff quotas provided for in Regulation (EC) No  2179/95, 22  400 head of live bovine animals falling within CN codes 0102  90  41 or 0102  90  49  originating in the third countries listed in Annex II may hereby be imported in the second half of  1995 in accordance with the provisions of this Regulation.
2.  For those animals, the ad valorem duty and the specific duties fixed in the common customs  tariff (CCT) shall be reduced by 80  %.
In order to qualify for the quota referred to in Article 1:
(a)  applicants or import licences must be natural or legal persons who, at the time applications  are submitted, must prove to the satisfaction of the competent authorities of the Member State  concerned that they have imported and/or exported during 1994 at least 50 animals falling within CN  code 0102  90 and originating in or intended for countries which are considered by their  authorities to be third countries on 31 December 1994; applicants must be listed in the national  VAT register;
(b)  import licence applications may be presented only in the Member State in which the applicant  is so registered;
(c)  licence applications shall relate to:
-  a number equal to or greater than 50 head, and -  a quantity not exceeding 10  % of the total quantity available.
Where applications for licences exceed this quantity, they shall only be considered within the  limits of the said quantity;
(d)  Section 8 of import licence applications and licences shall indicate the countries referred to  in Article II; licences shall carry with them an obligation to import from one or more of the  countries indicated;
(e)  Section 20 of import licence applications and licences shall indicate at least one of the  following:
Reglamento (CE) n° 2465/95 Forordning (EF) nr. 2465/95 Verordnung (EG) Nr. 2465/95 Êáíïíéóìueò (AAÊ) áñéè. 2465/95 Regulation (EC) No 2465/95 Règlement (CE) n° 2465/95 Regolamento (CE) n. 2465/95 Verordening (EG) nr. 2465/95 Regulamento (CE) nº 2465/95 Asetus (EY) N :o 2465/95 Foerordning (EG) nr 2465/95 ;
(f)  at the time of acceptance of the declaration of release for free circulation, importers shall  undertake to inform the competent authorities of the importing Member State, not later than one  month after the date of import, of -  the number of animals imported,
-  the origin of the animals.
The authorities shall forward this information to the Commission before the beginning of each  month.
1.  Import licence applications may be lodged only from 23 to 27 October 1995.
2.  Where the same applicant lodges more than one application, all applications from that person  shall be inadmissible.
3.  The Member States shall notify the Commission of the applications lodged not later than 7  November 1995. Such notification shall comprise a list of applicants and quantities applied for.
All notifications, including notifications of 'nil` applications, shall be made by telex or fax,  drawn up on the model in the Annex I to this Regulation in the case where applications have been  made.
4.  The Commission shall decide to what extent quantities may be awarded in respect of licence  applications. If the quantities in respect of which licences have been applied for exceed the  quantities available, the Commission shall fix a single percentage reduction in the quantities  applied for.
5.  Subject to a decision to accept applications by the Commission, licences shall be issued at the  earliest opportunity.
6.  Import licences shall be issued for a number equal to or greater than 50 head.
If, because of the numbers applied for, the percentage reduction results in fewer than 50 head per  import licence, the Member States shall, by drawing lots, allocate licences covering 50 head.
If the remaining balance is less than 50 head, a single licence shall cover that quantity.
7.  Licences issued shall be valid throughout the Community.
Without prejudice to the provisions of this Regulation, Regulations (EEC) No 3719/88  and (EC) No 1445/95 shall apply.
However, in the case of quantities imported under the terms of Article 8 (4) of Regulation (EEC) No  3719/88, the full rates of customs duty shall be collected in respect of quantities in excess of  those stated on the import licence.
1.  By derogation from Article 9 (1) of Regulation (EEC) No 3719/88, rights arising  from import licences issued pursuant to this Regulation shall not be transferable.
2.  By derogation from Article 3 of Commission Regulation (EC) No 1445/95, the term of validity of  import licences issued shall expire on 31 December 1995.
The animals shall be put into free circulation on presentation of a movement  certificate EUR I issued by the exporting country in accordance with Protocol 4 annexed to the  Europe Agreements.
1.  Each animal imported under the arrangements referred to in Article 1 shall be  identified by either:
-  an indelible tattoo, or -  an official ear tag or an ear tag officially approved by the Member State on at least one of its  ears.
2.  The said tattoo or tags shall be so designed as to enable the date when the animal was put into  free circulation and the identity of the importer to be established, by means of a record made when  the animal is put into free circulation.
Regulation (EC) No 1842/95 is hereby repealed.
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.