Commission Regulation (EC) No 1201/2004 of 29 June 2004 opening and providing for the administration of a tariff quota for calves weighing not more than 80 kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)
Date: 2004-06-29
Institutions: European Commission
Subjects: Bulgaria, Romania, calf, import, import licence, originating product, tariff quota

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1201/2004

of 29 June 2004

opening and providing for the administration of a tariff quota for calves weighing not more than 80
kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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)

Council Decision 2003/18/EC of 19 December 2002
concerning the conclusion of a Protocol adjusting the
trade aspects of the Europe Agreement establishing an
association between the European Communities and
their Member States, of the one part, and Romania, of
the other part, to take account of the outcome of nego-
tiations between the Parties on new mutual agricultural
concessions (2) and Council Decision 2003/286/EC of 8
April 2003 concerning the conclusion of a Protocol
the Europe Agreement
adjusting the trade aspects of
establishing
European
an association between the
Communities and their Member States, of the one part,
and Bulgaria, of the other part, to take account of the
outcome of negotiations between the Parties on new
mutual
the
opening of certain tariff quotas each year, namely for
178 000 live bovine animals weighing not more than
80 kilograms (order number 09.4598) and originating
and
in certain third countries
Romania, subject to certain conditions set out in the
Annexes A(b) of
these
Decisions. Detailed rules of application for this tariff
quota were adopted by Commission Regulation (EC)
No 1128/1999 of 28 May 1999 laying down detailed
rules of application for a tariff quota for calves weighing
not more than 80 kilograms originating in certain third
countries (4).

the respective Protocols of

concession (3), provide

including Bulgaria

agricultural

for

(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).

(2) OJ L 8, 14.1.2003, p. 18.
(3) OJ L 102, 24.4.2003, p. 60.
(4) OJ L 135, 29.5.1999, p. 50. Regulation as last amended by Regu-

lation (EC) No 1144/2003 (OJ L 160, 28.6.2003, p. 44).

the accession of

To take into account
the Czech
Republic, Estonia, Latvia, Lithuania, Hungary, Poland
and Slovakia, beneficiaries of this tariff quota together
with Bulgaria and Romania, and the accession of
Cyprus, Malta and Slovenia and pending the results of
the negotiations of new tariff concessions for Bulgaria
and Romania,
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 staggered over the year in a
suitable manner within the meaning of Article 32(4) of
Regulation (EC) No 1254/1999.

it

the traditional

To take into account
trade patterns
between the Community and Bulgaria and Romania,
quantities should be fixed for three periods taking into
account supplies in the reference period 1 July 2000 to
30 June 2003 of live animals originating in Bulgaria and
Romania. Once the ongoing negotiations on additional
protocols to the respective Europe Agreements with these
two countries have been finalised and ratified, new
management rules will be implemented at the date of
entry into force of the new concessions.

ensuring

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

a

(3)

(4)

(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 in the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
should be allowed to apply on the basis of imports from
countries which for them were third countries during the
year 2003.

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(6)

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

(12)

Regulation (EC) No 1128/99 should be subsequently
repealed and replaced by this Regulation.

(7)

(8)

(9)

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.

The arrangements
should be managed using import
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-
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
agricultural
products (2).

certificates

advance

fixing

for

(13) Whereas the measures provided for in this Regulation are
the Management

in accordance with the opinion of
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

178 000 live bovine animals of a weight not exceeding 80
1.
kg falling within CN code 0102 90 05 and originating in
Bulgaria or Romania may be imported for the period 1 July
2004 to 30 June 2005 under this Regulation subject to any
reductions negotiated subsequently between the Community
and these countries.

The tariff quota shall have the order number 09.4598.

2.

The rate of customs duty shall be reduced by 90 %.

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

(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.

a) 5 000 live bovine animals for the period 1 July 2004 to 31

December 2004;

b) 86 500 live animals for the period 1 January 2005 to 31

Mars 2005;

(11) With a view to 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 shall
not apply.

(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 47, 6.4.2004, p. 25).

c) 86 500 live animals for the period 1 April 2005 to 30 June

2005.

If, during one of the periods mentioned under paragraph
4.
3(a) and (b),
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.

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Article 2

1.
To be eligible under the quota provided for in Article 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 HS subheading 0102 90 during the year 2003.

Applications for import licences per each period referred

2.
to in Article 1(3):

a) must cover at least 100 animals;

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

Applicants must be listed in a national VAT register.

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

(b),

2.
Operators in the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, 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.

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.

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
referred to in Article 3(5)
in respect of each applicant
concerned.

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.

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.

After verification of the documents presented, Member
5.
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 in cases where
applications have actually been submitted.

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.

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

Article 5

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:

Import

1.
operator who submitted the application.

licences shall be issued on the name of

the

2.

Licence applications and licences shall show the following:

a)

in box 8, the country of origin;

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) in box 16,
0102 90 05;

the following Combined Nomenclature code:

c)

in box 20, the order number of the quota (09.4598) and at
least one of the mentions provided for in Annex II.

Licences shall carry with them an obligation to import from the
country referred to in point (a).

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;

c) copy No 8 of form IM 4 with the name and address of the

titular holder being the only indication in box 8.

Article 6

Article 7

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.

Imported animals shall qualify for the duties referred to in
Article 1 on presentation of either an EUR.1 movement certi-
ficate issued by the exporting country in accordance with
Protocol 4 annexed to the Europe Agreements with Bulgaria
and Romania or an invoice declaration drawn up by the
exporter in accordance with those Protocols.

2.
By way of derogation from Article 3 of Regulation (EC)
No 1445/95 the validity for import licences issued under Article
1(3)(a) shall be 150 days. No import licences shall be valid after
30 June 2005.

Article 8

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

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

4.

Licences issued shall be valid throughout the Community.

Article 9

Regulation (EC) No 1128/1999 is repealed. Applications for
import rights which could have been submitted pursuant to
Regulation (EC) No 1128/1999 are automatically rejected.

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

Article 10

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

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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 1201/2004

Order No: 09.4598

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ANNEX II

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

— in Spanish: Reglamento (CE) no 1201/2004

— in Czech: Nařízení (ES) č. 1201/2004

— in Danish: Forordning (EF) nr 1201/2004

— in German: Verordnung (EG) Nr. 1201/2004

— in Estonian: Määrus (EÜ) nr 1201/2004

— in Greek: Κανονισμός (ΕΚ) αριθ. 1201/2004

— in English: Regulation (EC) No 1201/2004

— in French: Règlement (CE) no 1201/2004

— in Italian: Regolamento (CE) n. 1201/2004

— in Latvian: Regula (EK) Nr. 1201/2004

— in Lithuanian: Reglamentas (EB) Nr. 1201/2004

— in Hungarian: Az 1201/2004/EK rendelet

— in Dutch: Verordening (EG) nr. 1201/2004

— in Polish: Rozporządzenie (WE) nr 1201/2004

— in Portuguese: Regulamento (CE) n.o 1201/2004

— in Slovakian: Nariadenie (ES) č. 1201/2004

— in Slovenian: Uredba (ES) št. 1201/2004

— in Finnish: Asetus (EY) N:o 1201/2004

— in Swedish: Förordning (EG) nr 1201/2004