Commission Regulation (EC) No 1143/98 of 2 June 1998 laying down detailed rules for a tariff quota for cows and heifers of specified mountain breeds originating in various third countries, other than for slaughter, and amending Regulation (EC) No 1012/98
L 159/14 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 COMMISSION REGULATION (EC) No 1143/98 of 2 June 1998 laying down detailed rules for a tariff quota for cows and heifers of specified mountain breeds originating in various third countries, other than for slaughter, and amending Regulation (EC) No 1012/98 THE COMMISSION OF THE EUROPEAN COMMUNITIES, body threaten to restrict access by importers to this part of the quota; whereas there should be provision to correct any harm caused; 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 auto- nomous 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 of multilateral trade negoti- ations (1), amended by Regulation (EC) No 1595/97 (2), and in particular Article 8 thereof, last as 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 autono- mous and transitional measure, of certain agricultural concessions provided for in the agreements on free trade and trade-related matters with Estonia, Latvia and Lithu- ania, to take account of the Agreement on agriculture concluded during the Uruguay Round of multilateral trade negotiations (3), and in particular Article 5 thereof, Whereas Regulation (EC) No 3066/95 provides for the opening of a tariff quota for an annual quantity of 7 000 cows and heifers of specified mountain breeds originating in Hungary, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Lithuania, Latvia and Estonia at a customs duty of 6 % ad valorem; whereas that quota should be opened on a multiannual basis for periods of 12 months commencing on 1 July (hereinafter referred to as ‘the year of import’) and the detailed rules of applica- tion laid down; Whereas experience has shown that limiting imports may lead to speculative import licence applications; whereas, in order to ensure that the planned measures function properly, the quantities available should be allocated to ‘traditional’ importers of cows and heifers of specified mountain breeds; whereas in certain cases administrative errors by the competent national the greater part of Whereas, in order to avoid forcing trade relations in this product group into an excessively rigid mould, a second tranche should be made available to traders who are able to show that they are engaged in genuine trade of some scale with third countries; whereas, in this connection and in order the trader to ensure efficient management, concerned must be required to have imported at least 15 head during the 12 months preceding the year of import in question; whereas a batch of 15 animals in principle constitutes a normal load and experience shows that the sale or purchase of a single batch is a minimum require- ment for a transaction to be considered genuine and viable; Whereas verification of these criteria requires all applica- tions to be submitted in the Member State where the importer is registered for VAT purposes; Whereas in order to prevent speculation, traders no longer engaged in trade in beef and veal at 1 July of the year of import in question should be denied access to the quota; Whereas provision should be made for the system to be administered by means of import licences; whereas to that end detailed rules for the submission of applications and the information which should appear in applications and licences should be laid down, if necessary by way of de- rogation from certain provisions of Commission Regula- tion (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 1044/98 (5), and Commission Regula- tion (EC) No 1445/95 of 26 June 1995 on rules of appli- cation 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 759/98 (7); whereas, moreover, provision should be made for the licences to be issued after a period of consideration and subject where necessary to a uniform percentage reduction; (1) OJ L 328, 30. 12. 1995, p. 31. (2) OJ L 216, 8. 8. 1997, p. 1. (3) OJ L 254, 8. 10. 1996, p. 1. (4) OJ L 331, 2. 12. 1988, p. 1. (5) OJ L 149, 20. 5. 1998, p. 11. (6) OJ L 143, 27. 6. 1995, p. 35. (7) OJ L 105, 4. 4. 1998, p. 7. 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/15 Whereas, so that the destination can be checked, provi- sion should be made for imported animals to be identi- fied in accordance with Council Regulation (EC) No 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (1); Whereas this amount does not cover the whole of the customs debt in the case of non-compliance with the obligations relating to this quota; whereas the amount of the security should therefore be adjusted to reflect the difference between the CCT duties and the reduced duties; for customs Whereas Article 82 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2), as last amended by Regulation (EC) No 82/97 (3), provides supervision of goods released for free circulation at a reduced rate on account of their end-use; whereas the animals imported should be monitored to ensure they are not slaughtered during a certain period; whereas, to ensure that slaughter does not take place, a security should be required to cover the difference between the duties under the Common Customs Tariff (CCT) and the reduced duties applicable when the animals in question were entered for free circu- lation; Whereas Article 7(2) of Commission Regulation (EC) No 1012/98 of 14 May 1998 opening and providing for the management of tariff quotas for the import of bulls, cows and heifers, other than for slaughter, of certain alpine and mountain breeds (4) states that, in order to comply with the ban on slaughter of the imported animals within a to the specific certain period, a security equivalent amount of the CCT customs duties should be provided; Whereas in certain cases administrative errors by the competent national body threaten to restrict access by traditional importers to the part of the quota covered by the above Regulation; whereas there should therefore be provision to correct any harm caused; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 1. The following tariff quota is hereby opened on a multiannual basis for periods from 1 July to 30 June of the following year (hereinafter referred to as ‘the year of import’), for animals originating in the third countries listed in Annex I. Serial No CN code (1) Description 09. 4563 ex 0102 90 05 ex 0102 90 29 ex 0102 90 49 ex 0102 90 59 ex 0102 90 69 and heifers other than for Cows slaughter of the following mountain breeds: grey, brown, yellow, mottled Simmental and Pinzgau (1) For Taric codes: see Annex II. Quota volume (head) 7 000 Customs duty 6 % ad valorem 2. For the purposes of this Regulation, the animals referred to in paragraph 1 shall be deemed to be not for slaughter where 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 duly proven cases of force majeure. Article 2 having imported animals under the quota for serial No 09. 4563 during the 36 months preceding the year of import in question. Without prejudice to the first the Member States may accept as the reference quantity import rights for the year of import which were not allocated because of an administrative error by the competent national body. subparagraph, 1. The quota referred to in Article 1(1) shall be divided into two parts of 80 %, i. e. 5 600 head, and 20 %, i. e. 1 400 head, respectively. (a) The first part, equal to 80 %, shall be allocated among importers in the Community who can furnish proof of (b) The second part, equal to 20 %, shall be allocated among importers who can furnish proof of having imported from third countries during the 12 months preceding the year of import in question at least 15 live bovine animals falling within CN code 0102. (1) OJ L 117, 7. 5. 1997, p. 1. (2) OJ L 302, 19. 10. 1992, p. 1. (3) OJ L 17, 21. 1. 1997, p. 1. (4) OJ L 145, 15. 5. 1998, p. 13. Importers must be entered in a national VAT register. L 159/16 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 2. The first part of the quota shall be allocated among importers on the basis of their applications for import rights imports of animals as referred to in paragraph 1(a) during the period stated in that subparagraph. in proportion to their The second part of 3. the quota shall be allocated among importers as referred to in paragraph 1(b) on the basis of their applications for import rights in proportion to the quantities applied for. Import right applications must relate to: — at least 15 head, and — no more than 50 head. Licence applications relating to more than 50 head shall be automatically reduced to that number. 4. Proof of import shall be provided exclusively by means of the customs document of release for free circu- lation duly stamped by the customs authorities. Member States may accept copies of the above docu- ments, duly certified by the issuing authority, if applicants can prove to the satisfaction of the competent authority that they were not able to obtain the original document. Article 3 1. Importers who on 1 July of the year of import in question were no longer engaged in any activity in the beef and veal sector shall not qualify for an allocation pursuant to Article 2(1)(a). 2. Any company formed by the merger of companies each having rights pursuant to Article 2(2) shall benefit from the same rights as the companies from which it has been formed. After verification of the documents presented, Member States shall forward to the Commission, by the seventh working day following the end of the period for the submission of applications at the latest, the list of impor- the acceptance conditions, showing in ters who meet particular their names and addresses and the number of eligible animals imported during the period referred to in Article 2(2). 4. For the purposes of Article 2(1)(b), applications for import rights must be lodged by importers by 10 July of each year of import at the latest, together with the proof referred to in Article 2(4). After verification of the documents presented, Member States shall forward to the Commission, by the seventh working day following the end of the period for the submission of applications at the latest, the list of appli- cants and the quantities requested. 5. All notifications, including notifications of nil appli- cations, shall be made by telex or fax, drawn up on the basis of the specimens in Annexes III and IV in the case where applications have in fact been lodged. Article 5 The Commission shall decide to what extent appli- 1. cations may be accepted. 2. As regards the applications referred to in Article 4(4), if the quantities in respect of which applications are made exceed the quantities available, the Commission shall reduce the quantities applied for by a fixed percentage. If the reduction referred to in the preceding subparagraph results in a quantity of less than 15 head per application, the allocation shall be made by drawing lots, by batches of 15 head, by the Member States concerned. If the re- maining quantity is less than 15 head, that quantity shall constitute a single batch. Article 4 Article 6 An application for import rights may be submitted is 1. only in the Member State in which the applicant entered in the national VAT register. Imports of the quantities allocated shall be subject 1. to presentation of an import licence. 2. An applicant may submit only one application and that application shall relate to only one part of the quota. 2. Licence applications may be submitted only to the competent authorities in the Member State where the applicant is entered in the national VAT register. Where an applicant submits more than one application, all applications from that person shall be considered invalid. 3. For the purposes of Article 2(1)(a), importers shall the applications for the import rights to the present competent authorities together with the proof referred to in Article 2(4) by 10 July of each year of import at the latest. 3. Upon notification of allocation from the Commis- sion, import licences shall be issued at the earliest oppor- tunity at the request and in the name of importers who have obtained import rights. 4. Import licences shall be valid for 90 days from their date of issue. However, they shall expire no later than 30 June following the date of issue. 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/17 Licences 5. Community. issued shall be valid throughout the 6. Without prejudice to this Regulation, Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply. However, Article 8(4) of Regulation (EEC) No 3719/88 shall not apply. — Akpij ˜er jai oqes˜ibier vuk ˜er [jamomisl ˜or (EJ) aqih. 1143/98], ˜etor eisacyc ˜gr. — Alpine and mountain breeds (Regulation (EC) No 1143/98), Year of import. — Races alpines et de montagne [règlement (CE) no 1143/98], année d’importation:. — Razze alpine e di montagna [regolamento (CE) n. 1143/98], anno d’importazione. — Bergrassen (Verordening (EG) nr. 1143/98), jaar van Article 7 invoer:. 1. Checks to ensure that the animals imported are not slaughtered in the four months following their release into free circulation shall be conducted in accordance with Article 82 of Regulation (EEC) No 2913/92. 2. All animals imported under this Regulation shall be identified in accordance with Regulation (EC) No 820/97. 3. Such identification must indicate the date on which the animal was released for free circulation and the iden- tity of the importer. 4. In order to ensure compliance with the obligation not to slaughter the animals referred to in paragraph 1 and to ensure collection of duties not received where that obligation is not complied with, a security shall be lodged with the competent customs authorities. The amount of that security shall be the difference between the customs duties laid down in the Common Customs Tariff and the duties referred to in Article 1(1) applicable on the date when the animals are entered for free circulation. Such securities shall be released immediately where proof is furnished to the customs authorities concerned to the effect that the animals: (a) have not been slaughtered within four months of the date of their release for free circulation; or (b) have been slaughtered within that time for reasons of force majeure or for health reasons or have died as a result of disease or an accident. Article 8 Licence applications and licences shall contain the fol- lowing entries: (a) in box 8, the name of one or more of the countries listed in Annex I; licences shall carry an obligation to import from one or more of the countries indicated; (b) in box 16, the CN codes set out in Annex II; (c) in box 20, one of the following: — Razas alpinas y de monta ˜na [Reglamento (CE) no 1143/98], a ˜no de importación. — Alpine racer og bjergracer (forordning (EF) nr. 1143/98), importår. — Höhenrassen (Verordnung (EG) Nr. 1143/98), — Raças alpinas e de montanha [Regulamento (CE) nº 1143/98], ano de importaç˜ao. — Alppi- ja vuoristorotuja [Asetus (EY) N:o 1143/98], tuontivuosi. — Alp- och bergraser (förordning (EG) nr 1143/98), importår. Article 9 The imported animals shall qualify for the duties referred to in Article 1 on presentation of an EUR. 1 movement certificate issued by the exporting country in accordance with Protocol 4 annexed to the Europe Agreements and Protocol 3 annexed to the Free Trade Agreements or a declaration by the exporter in accordance with the said Protocols. Article 10 Regulation (EC) No 1012/98 is amended as follows: 1. The following subparagraph is added to point (a) of Article 2(1): ‘Without prejudice to the first the Member States may accept as the reference quantity import rights for the previous year of import which were not allocated because of an administrative error by the competent national body. ’ subparagraph, 2. Article 7(2) is replaced by the following: ‘2. In order to ensure compliance with the obliga- tion not to slaughter the animals referred to in para- graph 1 and to ensure collection of duties not received where that obligation is not complied with, a security shall be lodged with the competent customs author- ities. The amount of that security shall be the dif- ference between the customs duties laid down in the Common Customs Tariff and the duties referred to in Article 1(1) applicable on the date when the animals are entered for free circulation. ’ Article 11 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Einfuhrjahr:. It shall apply from 1 July 1998. L 159/18 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 June 1998. For the Commission Franz FISCHLER Member of the Commission 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/19 ANNEX I List of third countries — Hungary — Poland — Czech Republic — Slovakia — Romania — Bulgaria — Lithuania — Latvia — Estonia ANNEX II TARIC codes CN codes TARIC codes ex 0102 90 05 ex 0102 90 29 ex 0102 90 49 ex 0102 90 59 ex 0102 90 69 0102 90 05 * 20 * 40 0102 90 29 * 20 * 40 0102 90 49 * 20 * 40 0102 90 59 * 11 * 19 * 31 * 39 0102 90 69 * 10 * 30 L 159/20 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 ANNEX III EC Fax No (32-2) 296 60 27/(32-2) 295 36 13 Application of Article 4(3) of Regulation (EC) No 1143/98 COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — BEEF AND VEAL SECTOR IMPORT RIGHTS APPLICATION Date:. Period:. Member State:. Number of applicant (1) Applicant (name and address) Quantity (head) imported from to Total Member State: Fax No:. Tel. :. (1) Continuous numbering. 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/21 ANNEX IV EC Fax No (32 2) 296 60 27/(32 2) 295 36 13 Application of Article 4(4) of Regulation (EC) No 1143/98 COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — BEEF AND VEAL SECTOR IMPORT RIGHTS APPLICATION Date:. Period:. Member State:. Number of applicant (1) Applicant (name and address) Quantity (head) Total Member State: Fax No:. Tel. :. (1) Continuous numbering