31990R3885

No L 367/ 136 Official Journal of the European Communities 29 . 12. 90

COMMISSION REGULATION (EEC) No 3885/90 of 27 December 1990 laying down detailed rules for the application of the import arrangements provided for in Council Regulation (EEC) No 3838/90 for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Commission Regulation (EEC) No 3719/88 (4), as amended by Regulation (EEC) No 1599/90 (*), lays down common detailed rules for the application at the Having regard to the Treaty establishing the European system of import and export licences and advance-fixing Economic Community, certificates for agricultural products ; whereas Commission Regulation (EEC) No 2377/80 (*), as last amended by Having regard to Council Regulation (EEC) No 3838/90 Regulation (EEC) No 2996/90 Q, lays down special of 20 December 1990 opening, allocating and providing detailed rules on the system of import licences to the beef for the administration of a Community tariff quota for sector ; frozen meat of bovine animals failing within CN code 0202 and products falling within CN code 0206 29 91 Whereas provision should be made for the Member States (1991)0, and in particular Article 4 thereof, to forward information on the import arrangement in question ; Having regard to Regulation (EEC) No 805/68 of the Council of 27 June 1968 on the common organization of Whereas the measures provided for in this Regulation are the market in beef and veal (2), as last amended by in accordance with the opinion of the Management Committee for Beef and Veal, Regulation (EEC) No 571 /89 (3), and in particular Article 15 (2) thereof,

Whereas Regulation (EEC) No 3838/90 lays down the HAS ADOPTED THIS REGULATION : method for administering the Community tariff quota for frozen beef covered by CN code 0202 and for products covered by CN code 0206 29 91 and splits this quota into Article 1 two parts, one of 45 050 tonnes apportioned between traditional importers and the other of 7 950 tonnes 1 . The quantity referred to in Article 2(a) of apportioned between the operators which have carried out Regulation (EEC) No 3838/90 (45 050 tonnes) shall be beef exchanges with third countries ; reserved for importers who can furnish proof of having imported frozen meat covered by CN code 0202 and Whereas, in order to ensure a smooth switchover from the products covered by CN code 0206 29 91 covered by the arrangements based on national administration to quota referred to in Council Regulations (EEC) No arrangements subject to Community administration, while 234/88 (8), (EEC) No 4076/88 (s) and (EEC) No taking into account the commercial peculiarities of the 3889/89 (10) during the last three years. products in question, provision should be made for the allocation on a proportional basis of the first part to 2. The quantity referred to in Article 2 (b) of traditional importers who can prove that, during 1988, Regulation (EEC) No 3838/90 (7 950 tonnes) shall be 1989 and 1990, they imported products covered by the reserved for operators who can furnish proof of having quota ; whereas, however, within the framework of the imported and/or exported during 1989 and 1990, at least procedure based on the submission of application from 50 tonnes per year of beef not subject to the quotas interested parties and their acceptance to the extent referred to in Regulations (EEC) No 4076/88 and (EEC) determined by the Commission, importers who can No 3889/89 . demonstrate the genuine nature of their business, and who apply for quantities of some significance should be 3. The, proof referred to in paragraphs 1 and 2 shall be granted access to the second part ; whereas verification of provided by means of the customs document of release the latter criterion requires that applications from a for free circulation or export document. For reference particular trader are to be submitted in the same Member years 1988 and 1989 Member States may provide that the State ; proof of import may be furnished by the holder whose name appears in box 4 of import licences. Whereas, in order to avoid speculation, Operators who at 1 January 1991 were no longer engaged in activity in the (4) OJ No L 331 , 2. 12. 1988, p. 1 . beef sector should be excluded from access to the quota ; O OJ No L 151 , 14. 6. 1990, p. 29. O OJ No L 241 , 13. 9. 1980, p. 5. f) OJ No L 286, 18 . 10 . 1990, p. 17. (') See page 3 of this Official Journal. o OJ No L 24, 29. 1 . 1988, p. 4. (2) OJ No L 148, 28 . 6. 1968, p. 24. O OJ No L 359, 28. 12. 1988, p. 5. 0 OJ No L 61 , 4. 3. 1989, p. 43. O OJ No L 378, 27. 12. 1989, p. 16.

29 . 12. 90 No L 367/ 137 Official Journal of the European Communities

4. The 45 050 tonnes shall be allocated between the — Heffing geschorst voor . . . (hoeveelheid waarvoor various importers in proportion to their imports during het certificaat is afgegeven) kg the reference years. — Direito nivelador suspenso para ... kg (quantidade para a qual foi emitido o certificado). 5. The 7 950 tonnes shall be allocated in proportion to the quantities applied for by importers. 3. For the purposes of applying the arrangements, where the quantities are imported under the terms of Article 2 Article 8 (4) of Regulation (EEC) No 3719/88, the levy fixed in accordance with Article 12 of Regulation (EEC) 1 . Operators referred to in Article 4 (1 ) who, at 1 No 805/68 and the Common Customs Tariff duty of January 1990 were no longer engaged in any activity in 20 % shall be charged on the quantites exceeding those the beef sector shall not qualify under the arrangements indicated in the import licence. provided for in this Regulation. Article 4 2. Companies arising from mergers each having rights under Article 1 (1 ), shall benefit from the same rights as 1 . For the purposes of applying Article 1 (1 ) importers the companies from which they were formed. shall present to the competent authorities the application for an import licence together with the proof referred to Article 3 in Article 1 (3) by 25 January 1991 at the latest. The Member States shall forward to the Commission by 7 1 . Eligibility under the import arrangements provided February 1991 at the latest, a list of importers containing for in Article 1 shall be subject to presentation of an in particular the importers' names and the addresses and application for an import licence. the quantities of meat imported under the quota referred to in Regulation (EEC) No 3838/90, during each of the 2. Licence applications and licences shall contain : years in question. (a) in section 20, one of the following endorsements : 2. For the purposes of applying Article 1 (2) (b) — Carne de vacuno congelada [Reglamento (CEE) n° applications together with the proof referred to in Article 3885/901 1 (3) from importers may be lodged up to 25 January — frosset kød af hornkvæg (forordning (EØF) nr. 1991 . 3885/90) The application or applications lodged by the same party — Gefrorenes Rindfleisch (Verordnung (EWG) Nr. may relate to an overall quantity not exceeding 50 tonnes 3885/90) of frozen meat, product weight. — Κατεψυγμένο βόειο κρέας (κανονισμός (ΕΟΚ) αριθ. 3885/90) Member States shall forward to the Commission by 7 — frozen meat of bovine animals (Regulation (EEC) February 1991 at the latest a list of applicants including No 3885/90) in particular the quantities applied for and the countries of origin indicated. — Viande bovine congelée (règlement (CEE) n0 3885/90) Article 5 — Carni bovine congelate (regolamento (CEE) n . 3885/90) Licence applications referred to in Article 4 shall be — Bevroren rundvlees (Verordening (EEG) nr. admissible only where the applicant declares in writing 3885/90) that he has not lodged and undertakes not to lodge any — Carne de bovino congelada [Regulamento (CEE) n? application under the same special arrangements in any 3885/901 ; Member State other than that in which application is lodged ; if an applicant lodges applications in respect of (b) in section 8, the country of origin ; the same special arrangements in two or more Member (c) in section 24, one of the following endorsements : States, none of these applications shall be admissible. — exacción reguladora suspendida para . . . (cantidad All applications from the same applicant shall be para la que se haya extendido el certificado) kg regarded as a single application. — suspension af importafgift for ... (den mængde licensen er udstedt for) kg Article 6 — Aussetzung der Abschöpfung für ... kg (Menge, 1 . The Commission shall decide to what extent für die die Lizenz erteilt wurde) applications may be accepted. — αναστέλλεται η εισφορά για . . . (ποσότητα για την οποία χορηγήθηκε το πιστοποιητικό) kg Subject to the Commission having decided that — levy suspended for ... (quantity for which the applications be accepted, import licences shall be issued licence was issued) kg from 18 February 1991 . — prélèvement suspendu pour . . . (quantité pour 2. As regards the applications referred to in Article 4 laquelle le certificat a été délivré) kg (2), if the quantities for which licences are applied for — prelievo sospeso per . . . (quantitativo per il quale e exceed the quantities available, the Commission shall stato rilasciato il certificato) kg reduce the amounts applied for by a fixed percentage.

No L 367/ 138 Official Journal of the European Communities 29 . 12. 90

3. If the reduction referred to in paragraph 2 results in licences shall be ECU 10 per 100 kilograms net weight, a quantity of less than five tonnes per application, the and the term of validity of the licences shall expire on 31 allocation shall be by drawing lots, by batches of five December 1991 . tonnes .

Article 7 3. The security referred to in paragraph 2 shall be lodged when the licences referred to in Article 6 (1 ), For the purpose of applying the arrangements provided second subparagraph are issued. for by Regulation (EEC) No 3838/90 the quantities to be imported must meet the conditions laid down in Article 17 (2) (f) of Council Directive 72/462/EEC (').

Article8¶

1 . Regulation (EEC) No 2377/80 shall apply. This Regulation shall enter into force on the day of its 2. However, notwithstanding Articles 3 and 6 of publication in the Official Journal of the European Regulation (EEC) No 2377/80, the security for import Communities.

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

Done at Brussels, 27 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 302, 31 . 12. 1972, p. 28.