Commission Regulation (EC) No 1202/2004 of 29 June 2004 opening and providing for the administration of an import quota for young male bovine animals for fattening (1 July 2004 to 30 June 2005)
Date: 2004-06-29
Institutions: European Commission
Subjects: CCT duties, cattle, fattening, import, import licence, tariff quota

30.6.2004

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Official Journal of the European Union

L 230/19

COMMISSION REGULATION (EC) No 1202/2004

of 29 June 2004

opening and providing for the administration of an import quota for young male bovine animals for
fattening (1 July 2004 to 30 June 2005)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

ensuring

In order to provide a more equal access to the quota
viable number of
while
commercially
import
animals per application, each application of
licences should respect a minimum and a maximum
number of heads.

a

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 32(1) thereof,

Whereas,

(1)

(2)

(3)

The WTO schedule CXL requires the Community to open
an annual import tariff quota for 169 000 head of young
male bovine animals for fattening.

Pending the results of
the negotiations under Article
the WTO following
XXIV.6 GATT in the context of
the accession of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Malta, Hungary, Poland, Slovenia and
Slovakia (hereinafter referred to as the new Member
States) certain of which were, together with Romania,
the principal supplier countries within this quota in the
last three quota years, it is appropriate to lay down in the
detailed rules for the management of this tariff quota that
for the period 1 July 2004 to 30 June 2005 the available
quantity should be phased over the year in a suitable
manner within the meaning of Article 32(4) of Regu-
lation (EC) No 1254/1999.

the market,

the traditional

To take into account
trade patterns
between the Community and the supplier countries
within this quota and the need to safeguard the equi-
is
librium of
staggered over four quarters for the quota year 2004/
05. Once the ongoing XXIV.6 negotiations have been
finalised and ratified, new management rules will be
implemented. Those rules should take into account the
results of those negotiations and the quantities already
used within the quota hereby opened.

the quantity

available

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(5) With a view to preventing speculation,

the quantities
available within the quota should be made accessible to
operators able to show that they are genuinely engaged
in import of a significant scale from third countries. In
consideration of this and in order to ensure efficient
management, the traders concerned should be required
to have imported a minimum of 100 animals during the
year 2003 given that a consignment of 100 animals may
be considered to be a commercial viable consignment.
Operators
the Czech Republic,
Slovakia, Slovenia, Estonia, Latvia, Lithuania, Cyprus
and Malta should be allowed to apply on the basis of
imports
them were third
countries during the year 2003.

from countries which for

in Hungary, Poland,

(6)

(7)

(8)

(9)

If such criteria should to be checked, applications must
be presented in the Member State where the importer is
entered in a VAT register.

In order to prevent speculation,
importers no longer
involved in trade in live bovine animals at 1 January
2004 should be denied access
to the quota and
licences should not be transferable.

Provision should be made for quantities for which licence
applications may be requested to be allocated after a
period of consideration and, where appropriate, once a
uniform percentage reduction has been applied.

should be managed using import
The arrangements
licences. To this end, rules should be laid down on the
submission of applications and the information to be
given on applications and licences, where necessary by
addition of certain provisions of Commission Regulation
(EC) No 1445/95 of 26 June 1995 on rules of appli-

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cation for import and export licences in the beef and veal
sector and repealing Regulation (EEC) No 2377/80 (1),
and of Commission Regulation (EC) No 1291/2000
of 9 June 2000 laying down common detailed rules
for the application of the system of import and export
licences and advance fixing certificates for agricultural
products (2).

subject to any reductions negotiated subsequently between the
Community and its WTO partners within the framework of the
negotiations under Article XXIV.6 GATT in the context of the
WTO.

This tariff quota shall have the order number 09.4005.

(10)

Experience shows that a proper management of
the
quota also requires that the titular holder of the licence
is a genuine importer. Therefore, such importer should
actively participate in the purchase, transport and import
of the animals concerned. Presentation of proof of those
activities should thus also be a primary requirement with
regard to the licence security.

(11) With a view of ensuring a strict statistical control of the
animals imported under the quota, the tolerance referred
to in Article 8(4) of Regulation (EC) No 1291/2000
should not apply.

2.
The customs import duty applicable under the tariff quota
referred to in paragraph 1 shall be 16 % ad valorem plus EUR
582 per tonne net.

The rate of duty provided for in the first subparagraph shall
apply on condition that the imported animals are fattened for at
least 120 days in the Member State which has issued the import
licence.

The quantities

3.
referred under paragraph 1 shall be
staggered over the period referred to in that paragraph as
follows:

(12)

this tariff quota requires effective
The application of
checks on the specific destination of
the imported
animals. The animals should therefore be fattened in
the Member State which has issued the import licence.

(a) 42 250 live bovine animals for the period 1 July 2004 to

30 September 2004;

at

fattened for

least 120 days

(13) A security should be lodged to ensure that the animals
in designated
are
the security should
production units. The amount of
the difference between the common customs
cover
tariff
(CCT) duty and the reduced duty applicable on
the date of release for free circulation of the animals in
question.

(b) 42 250 live animals for the period 1 October 2004 to 31

December 2004;

(c) 42 250 live animals for the period 1 January 2005 to 31

March 2005;

(14)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Beef and Veal,

(d) 42 250 live animals for the period 1 April 2005 to 30 June

2005.

HAS ADOPTED THIS REGULATION:

Article 1

A tariff quota for 169 000 young male bovine animals
1.
falling within CN code
or
0102 90 49, and intended for fattening in the Community is
hereby opened for the period 1 July 2004 to 30 June 2005

0102 90 05,

0102 90 29

(1) OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regu-

lation (EC) No 360/2004 (OJ L 63, 28.2.2004, p. 13).

(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

4.
If, during one of the periods mentioned under paragraph
3(a), (b) and (c), the quantity covered by licence applications
submitted for each of these periods is less than the quantity
available for the period in question, the remaining quantity of
that period will be added to the quantity available for the
following period.

Article 2

To be eligible under the quota provided for in Article 1,
1.
applicants must be natural or legal persons and must prove to
the satisfaction of the competent authorities of the Member
State concerned, at the time they submit their applications for
import licences, that they have imported at least 100 animals
covered by CN code 0102 90 during the year 2003.

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Applicants must be listed in a national VAT register.

Operators in the Czech Republic, Estonia, Cyprus, Latvia,
2.
Lithuania, Malta, Hungary, Poland, Slovenia and Slovakia may
apply for import licences on the basis of the imports referred to
in paragraph 1 from countries which for them were third
countries in the year 2003.

3.
Proof of import shall be furnished exclusively by means of
the customs document of release for free circulation, duly
endorsed by
a
and containing
reference to the applicant concerned as being the consignee.

authorities

customs

the

Member States may accept copies of the documents referred to
in the first subparagraph, duly certified by the competent
authority. Where such copies are accepted, notification hereof
shall be made in the communication from Member States
in respect of each applicant
referred to in Article 3(5)
concerned.

Applications for import licences shall be submitted during
3.
the first 10 working days of each period referred in Article 1(3).
However, application for the first period shall be submitted no
later than the second Thursday following the publication of this
Regulation in the Official Journal of the European Union.

4.
Applicants may lodge no more than one application each
per period referred to in Article 1(3). Where the same applicant
lodges more than one application, all applications from that
applicant shall be inadmissible.

5.
After verification of the documents presented, Member
States shall forward to the Commission, by the fifth working
day following the end of the period for the submission of
applications at
the list of applicants and their
the latest,
addresses as well as the quantities applied for.

All notifications, including nil returns, shall be forwarded by fax
or e-mail using the model form in Annex I to this Regulation in
cases where applications have actually been submitted.

4.
Operators who at 1 January 2004 have ceased their
activities in trade with third countries in the beef and veal
sector shall not qualify for any application.

Article 4

1.
Following the notification referred to in Article 3(5), the
Commission shall decide as soon as possible to which extent
the applications can be met.

A company formed by the merger of companies each
5.
having reference
complying with the minimum
quantity referred to in paragraph 1 may use those reference
imports as a basis for its application.

imports

2.
If the quantities covered by applications as referred to in
Article 3 exceed those available for the period in question, the
fix a single percentage reduction to be
Commission shall
applied to the quantities applied for.

Article 3

1.
Applications for import licences may be submitted only in
the Member State in which the applicant is registered for VAT
purposes.

Where application of the reduction coefficient provided for in
the first subparagraph gives a figure of less than 100 head per
application,
the quantity available shall be awarded by the
Member States concerned by drawing lots for import rights
covering 100 head each. Where the remainder lot is less than
100 head it shall be considered a single lot.

Applications for import licences per each period referred

2.
to in Article 1(3):

3.
Licences shall be issued as soon as possible subject to the
Commission's decision regarding acceptance of the applications.

(a) must cover at least 100 animals;

Article 5

Import

1.
operator who submitted the application.

licences shall be issued on the name of

the

(b) may not cover more than 5 % of the quantity available.

Where applications exceed the quantity referred to in the
previous subparagraph, point
the excess shall be disre-
garded.

(b),

(a)

in box 8, the country of origin;

2.

Licence applications and licences shall show the following:

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(b) in box 16, one or several of

the following Combined
or

0102 90 29

0102 90 05;

Nomenclature
0102 90 49;

codes:

(c)

in box 20, the order number of the quota (09.4005) and
one of the endorsements provided for in Annex III.

Article 6

1.
Notwithstanding Article 9(1) of Regulation (EC) No
1291/2000, import licences issued pursuant to this Regulation
shall not be transferable and shall confer rights under the tariff
quotas only if made out in the same name and address as the
one entered as consignee in the customs declaration of release
for free circulation accompanying them.

2.

No import licences shall be valid after 30 June 2005.

Article 7

At the time of import, the importer shall provide proof

1.
that he has:

(a) given a written undertaking to inform within one month
the competent authority of the Member State that issued the
licence, of
the farm or farms where the young bovine
animals are to be fattened;

in Annex II with the

(b) lodged a security of an amount as laid down for each
competent
eligible CN code
authority of the Member State that issued the licence; the
fattening of the imported animals in that Member State for
at
the
least 120 days from the date of acceptance of
free circulation is a
customs declaration of
primary requirement within the meaning of Article 20(2)
of Regulation (EEC) No 2220/85 of Commission (1).

release for

3.
The security relating to the import licence shall be EUR
20 per head and shall be lodged by the applicant together with
the licence application.

Except in cases of force majeure, the security referred to
2.
paragraph 1(b) shall be released only if proof is furnished to
the competent authority of the Member State that issued the
licence that the young bovine animals:

4.

Licences issued shall be valid throughout the Community.

(a) have been fattened on the farm or farms indicated pursuant

to paragraph 1;

Pursuant

5.
to Article 50(1) of Regulation (EC) No
1291/2000, the full Common Customs Tariff duty applicable
on the date of acceptance of the customs declaration for free
circulation shall be collected in respect of all quantities
licence.
imported in excess of

those shown on the import

Notwithstanding the provisions of Section 4 of Title III of
6.
Regulation (EC) No 1291/2000,
the security shall not be
released until proof has been produced that the titular holder
of the licence has been commercially and logistically responsible
for the purchase, transport and clearance for free circulation of
the animals concerned. Such proof shall at least consist of:

(a)

the original commercial invoice or authenticated copy made
out in the name of the titular holder by the seller or his
representative, both established in the third country of
export, and proof of payment by the titular holder or the
opening by the titular holder of an irrevocable documentary
credit in favour of the seller;

(b) the bill of

lading or, where applicable,

the road or air
transport document, drawn up in the name of the titular
holder, for the animals concerned;

(b) have not been slaughtered before a period of 120 days from

the date of import has elapsed; or

(c) have been slaughtered for health reasons or have died as a
result of sickness or accident before that period has elapsed.

The security shall be released immediately after such proof has
been furnished.

However, where the time limit referred to in paragraph 1(a) has
not been observed, the security to be released shall be reduced
by:

— 15 %, and by

— 2 % of the remaining amount for each day by which it has

been exceeded.

The amounts not released shall be forfeited and retained as
customs duties.

(c)

the copy No 8 of form IM 4 with the name and address of
the titular holder being the only indication in box 8.

(1) OJ L 205, 3.8.1985, p. 5.

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If the proof referred to in paragraph 2 is not furnished
3.
within 180 days from the date of import, the security shall be
forfeited and retained as customs duty.

However, if such proof is not furnished within the period of
180 days provided for in the first subparagraph but is produced
within six months following the said period,
the amount
forfeited, less 15 % of the security, shall be repaid.

Article 8

Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall
apply, subject to this Regulation.

Article 9

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

Done at Brussels, 29 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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— EC Fax (32 2) 299 85 70
— E-mail: AGRI-Bovins-Import@cec.eu.int

ANNEX I

Application of Regulation (EC) No 1202/2004

Order No: 09.4005

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ANNEX II

SECURITY AMOUNTS

Male bovine animals for fattening
(CN Code)

Amount (EUR) per head

0102 90 05
0102 90 29
0102 90 49

28
56
105

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ANNEX III

Endorsements provided for in Article 5(2)(c)

— in Spanish: Bovinos machos vivos de peso vivo inferior o igual a 300 kg [Reglamento (CE) no 1202/2004]

— in Czech: Živí býci s živou váhou nepřevyšující 300 kg na kus, na výkrm (Nařízení (ES) č. 1202/2004)

— in Danish: Levende ungtyre til opfedning, med en levende vægt på ikke over 300 kg pr. dyr (forordning (EF)

nr. 1202/2004)

— in German: Lebende männliche Rinder mit einem Gewicht von höchstens 300 kg je Tier, zur Mast bestimmt

(Verordnung (EG) Nr. 1202/2004)

— in Estonian: Elusad isasveised elusmassiga kuni 300 kg, nuumamiseks (määrus (EÜ) nr 1202/2004)

— in Greek: Ζώντα βοοειδή με βάρος ζώντος που δεν υπερβαίνει τα 300 kg ανά κεφαλή, προς πάχυνση [κανονισμός (ΕΚ)

αριθ. 1202/2004]

— in English: Live male bovine animals of a live weight not exceeding 300 kg per head, for fattening (Regulation (EC)

No 1202/2004)

— in French: Bovins mâles vivants d'un poids vif inférieur ou égal à 300 kg par tête, destinés à l'engraissement

[Règlement (CE) no 1202/2004]

— in Italian: Bovini maschi vivi di peso vivo non superiore a 300 kg per capo, destinati all’ingrasso [regolamento (CE)

n. 1202/2004]

— in Latvian: Penėjimui skirti gyvi jaučiai, kurių vieno galvijo gyvasis svoris yra ne didesnis kaip 300 kg (Reglamentas

(EB) Nr. 1202/2004)

— in Lithuanian: Jaunbuļļi nobarošanai, kuru dzīvsvars nepārsniedz 300 kg (Regula (EK) Nr. 1202/2004)

— in Hungarian: Legfeljebb 300 kg egyedi élőtömegű élő hím szarvasmarhaféle, hizlalás céljára (1202/2004/EK rendelet)

— in Dutch: Levende mannelijke mestrunderen met een gewicht van niet meer dan 300 kg per dier (Verordening (EG) nr.

1202/2004)

— in Polish: Żywe młode byki o żywej wadze nieprzekraczającej 300 kg za sztukę bydła, opasowe (rozporządzenie (WE)

nr 1202/2004)

— in Portuguese: Bovinos machos vivos com peso vivo inferior ou igual a 300 kg por cabeça, para engorda [Regulamento

(CE) n.o 1202/2004]

— in Slovakian: Živé mladé býčky, ktorých živá hmotnosť nepresahuje 300 kg na kus, určené na výkrm (nariadenie (ES)

č. 1202/2004)

— in Slovenian: Živo moško govedo za pitanje, katerega živa teža ne presega 300 kg na glavo (Uredba (ES)

št. 1202/2004)

— in Finnish: Lihotettaviksi tarkoitettuja eläviä urospuolisia nautaeläimiä, elopaino enintään 300 kg/eläin (asetus (EY)

N:o 1202/2004)

— in Swedish: Levande handjur av nötkreatur som väger högst 300 kg, för gödning (förordning (EG) nr 1202/2004)