31990R3838

29 . 12 . 90 No L 367/3 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 3838/90 of 20 December 1990 opening and providing for the administration of a Community tariff quota for meat of bovine animals, frozen, falling within CN code 0202 and products falling within CN code 0206 29 91 (1991)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 Article 1 thereof,

1 . A Community tariff quota for meat of bovine Having regard to the proposal from the Commission, animals, frozen, falling within CN code 0202 and products falling within CN code 0206 29 91 , totalling Whereas, for meat of bovine animals, frozen, falling 53 000 tonnes, expressed in weight of boned or boneless within CN code 0202 and products falling within CN meat, is hereby opened for 1991 . code 0206 29 91 , the Community has undertaken, within the framework of the General Agreement on Tariffs and Trade (GATT), to open an annual Community tariff quota For the purposes of counting against the said quota, 100 at a rate of duty of 20 % , the quantity of which, expressed kilograms of bone-in meat shall be equivalent to 77 kilo­ in weight of boned or boneless meat, has been fixed at grams of boned or boneless meat. 53 000 tonnes ; whereas that quota should accordingly be opened for 1991 ; 2. For the purposes of this Regulation, meat which is presented frozen at the time of acceptance of the import Whereas there should be a guarantee of, in particular, declaration shall be deemed frozen meat. access by all interested traders within the Community to the quota and of uninterrupted application of the rate laid 3. The Common Customs Tariff duty applicable to the down for that quota to all imports of the products in quota shall be 20 % . question until the quota is exhausted ;

Whereas the transitional arrangements adopted in respect of the quota for 1990 have operated satisfactorily ; whereas Article 2 they consist of the allocation by the Commission of the quantities available to the traditional operators and to The quota of 53 000 tonnes shall be divided into two operators engaging in trade in beef and veal, so as to give parts as follows : the latter progressive access to the benefits of those arran­ gements ; whereas, in view of this, the opportunities for (a) the first, equal to 85 % or 45 050 tonnes, shall be access should be widened by increasing the proportion apportioned between importers who can prove they allocated to the latter operators ; whereas, in order to have imported frozen meat falling within CN code ensure that their activities are genuine, only quantities of 0202 or products falling within CN code 0206 29 91 a certain size representative of trade with third countries to which these import arrangements apply during the should be considered ; last three years ;

Whereas, in order to ensure the quota is fully utilized, it is (b) the second, equal to 1 5 % or 7 950 tonnes, shall be necessary to set a time limit for lodging import licence apportioned between operators who can prove that applications and to allow the transfer of any quantities they engage in trade, involving a minimum quantity that have not been applied for at that date during the last and for a period to be determined, with third coun­ quarter of 1991 , and their allocation to operators on the tries in beef and veal other than that to which these basis of the quantities remaining rather than the original import arrangements apply and excluding meat which allocation criteria ; is the subject of inward or outward processing traffic.

Whereas the detailed rules for the application for this Regulation should be drawn up in accordance with the Article 3 procedure laid down in Article 27 of Council Regulation (EEC) No 805/68 of 27 June 1968 on the common orga­ nization of the market in beef and veal ('), as last amended 1 . Quantities which have not been covered by an by Regulation (EEC) No 571 /89 (2), import licence application at 31 August 1991 shall be the subject of a further allocation during the fourth quarter of (') OJ No L 148 , 28 . 6. 1968, p. 24. that year, without account necessarily being taken of the (2) OJ No L 61 , 4. 3. 1989, p. 43. apportionment referred to in Article 2.

No L 367/4 Official Journal of the European Communities 29 . 12. 90

2. Member States shall notify the Commission, before (b) the conditions governing the issue and the term of 16 September 1991 , of quantities not applied for at 31 validity of import licences. August of that year.

Article 4 Article 5 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 27 of Regulation (EEC) No 805/68, and in This Regulation shall enter into force on the day of its particular rules on : publication in the Official Journal of the European Communities. (a) the apportionment and allocation of quantities avai­ lable between the operators referred to in Article 2 ; and It shall apply from 1 January 1991 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 December 1990.

For the Council The President G. RUFFOLO