Commission Regulation (EC) No 2124/2004 of 14 December 2004 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in Council Regulation (EC) No 1922/2004
Date: 2004-12-14
Institutions: European Commission
Subjects: Switzerland, cattle, import, import licence, live animal, originating product, tariff quota

15.12.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 2124/2004

of 14 December 2004

laying down detailed rules for the application of an import tariff quota for live bovine animals of a
weight exceeding 160 kg and originating in Switzerland provided for in Council Regulation (EC) No
1922/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Agreement between the European Community and the
Swiss Confederation on trade in agricultural products (3)
(hereinafter called the Agreement).

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1922/2004 of 25
October 2004 (1)
and transitional
measures to open a Community tariff quota for the import of
live bovine animals originating in Switzerland, and in particular
Article 2 thereof,

autonomous

adopting

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (2), and in particular Article 32 thereof,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1922/2004 provides for the
opening of a duty-free Community tariff quota on an
autonomous and transitional basis for the period from
the date of its entry into force to 30 June 2005 for the
import of 4 600 heads of all bovine live animals
weighing more than 160 kg and originating in Swit-
zerland. Pursuant
to Article 2 of that Regulation the
detailed rules of application should be laid down in
accordance with Article 32 of Regulation (EC) No
1254/1999.

the tariff quota and given the
For the allocation of
is appropriate to apply the
products concerned it
method of simultaneous examination referred to in the
second indent of Article 32(2) of Regulation (EC) No
1254/1999.

To be eligible for the benefit of these tariff quotas, live
animals should originate in Switzerland in conformity
the
with the

referred to in Article 4 of

rules

(5)

(6)

(7)

(8)

(1) OJ L 331, 5.11.2004, p. 7.
(2) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by
L 328,

(EC) No 1899/2004 (OJ

Commission Regulation
30.10.2004, p. 67).

(4) 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 trade of a significant scale with 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 50 animals during the
year 2003 given that a consignment of 50 animals may
be considered to be a normal load. Experience has shown
that the purchase of a single consignment is a minimum
requirement for a transaction to be considered real and
viable. Operators
the Czech
Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania,
Cyprus and Malta (hereinafter the new Member States)
should be allowed to apply on the basis of imports from
countries which for them were third countries during the
year 2003.

in Hungary,

Poland,

If such criteria are 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, a security
should be fixed for import rights, licences should not be
licences should be issued to
transferable and import
traders solely for the quantities for which they have
been allocated import rights.

ensuring

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

a

It should be stipulated that
import rights are to be
allocated after a reflection period and where necessary
with a fixed percentage reduction applied.

(3) OJ L 114, 30.4.2002, p. 132.

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(9)

(10)

(11)

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 1291/2000 of 9 June 2000 laying down
common detailed rules
the
for
system of
licences and advance
for agricultural products (1) and of
fixing certificates
Commission Regulation (EC) No 1445/95 of 26 June
1995 on rules of application for import and export
licences in the beef and veal sector and repealing Regu-
lation (EEC) No 2377/80 (2).

import and export

the application of

To oblige operators to apply for import licences for all
import rights allocated, it should be established that, with
regard to the import rights security, such application
constitutes a primary requirement within the meaning
of Commission Regulation (EEC) No 2220/85 of 22
July 1985 laying down common detailed rules for the
application of the system of securities for agricultural
products (3).

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.

The rules of origin applicable to the products referred to
2.
in the first paragraph shall be those provided for in Article 4 of
the Agreement.

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,
that they have imported at least 50 animals covered by CN
codes 0102 10 and 0102 90 during the year 2003. Applicants
must be listed in a national VAT register.

Operators in the new Member States may apply for
the imports referred to in
them were third

2.
import
rights on the basis of
paragraph 1 from countries which for
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
reference to the applicant concerned.

and containing

authorities

customs

the

Member States may accept copies of the documents referred to
above, 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.

(12) 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 shall
not apply.

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 allocation.

(13)

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

A company formed by the merger of companies each
5.
having reference
complying with the minimum
quantity referred to in Articles 2(1) and 2(2) may use those
reference imports as a basis for its application.

imports

HAS ADOPTED THIS REGULATION:

Article 3

Article 1

1.
A duty-free Community tariff quota is hereby opened on
an autonomous and transitional basis for the period from the
date of the entry into force of this Regulation to 30 June 2005
for the import of 4 600 heads of any live bovine animal origi-
nating in Switzerland weighing more than 160 kg, falling within
CN code 0102 90 41, 0102 90 49, 0102 90 51, 0102 90 59,
0102 90 61, 0102 90 69, 0102 90 71 or 0102 90 79.

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

2.

Applications for import rights:

— must cover at least 100 animals,

This tariff quota shall have the order number 09.4203.

and

(1) 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).

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

lation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(3) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

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

Where applications exceed this quantity, the excess shall be
disregarded.

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Applications for import rights shall be lodged before
3.
13.00, Brussels time, on the 10th working day following the
date of publication of the present Regulation in the Official
Journal of the European Union.

4.
Applicants may lodge no more than one application in
respect of the quota referred to in Article 1(1). 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 10th working
day following the end of the period for the submission of
the list of applicants and their
the latest,
applications at
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 hereto in cases
where applications have actually been submitted.

Article 4

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

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

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 is less than
100 head, a single import right shall be awarded for that
quantity.

Article 5

1.
The security relating to the import rights shall be EUR 3
per head. It must be deposited with the competent authority
together with the application for import rights.

2.
Import licence applications must be made for the quantity
allocated. This obligation shall constitute a primary requirement
within the meaning of Article 20(2) of Regulation (EEC) No
2220/85.

3. Where application of the reduction coefficient referred to
in Article 4 causes less import rights to be allocated than had
been applied for, the security lodged shall be released propor-
tionally without delay.

Article 6

The quantities awarded shall be imported subject

1.
presentation of one or more import licences.

to

2.
Licence applications may be lodged solely in the Member
State where the applicant has applied and obtained import
rights under the quota.

Each issuing of import licence shall result in a corresponding
reduction of the import rights obtained.

3.
Import licences shall be issued on application by and in
the name of the operator who has obtained the import rights.

4.

Licence applications and licences shall show the following:

(a)

licences shall carry with
in box 8, the country of origin;
them an obligation to import from the country indicated;

(b) in box 16, one or several of

the following Combined

Nomenclature codes:

0102 90 41,
0102 90 61, 0102 90 69, 0102 90 71 or 0102 90 79;

0102 90 49,

0102 90 51,

0102 90 59,

(c)

in box 20, the order number of the quota ( 09.4203) and at
least one of the following:

— Reglamento (CE) no 2124/2004

— Nařízení (ES) č. 2124/2004

— Forordning (EF) nr. 2124/2004

— Verordnung (EG) Nr. 2124/2004

— Määrus (EÜ) nr 2124/2004

— Κανονισμός (ΕΚ) αριθ. 2124/2004

— Regulation (EC) No 2124/2004

— Règlement (CE) no 2124/2004

— Regolamento (CE) n. 2124/2004

— Regula (EK) Nr. 2124/2004

— Reglamentas (EB) Nr. 2124/2004

— 2124/2004/EK rendelet

— Regolament (KE) Nru 2124/2004

— Verordening (EG) nr. 2124/2004

— Rozporządzenie (WE) nr 2124/2004

— Regulamento (CE) n.o 2124/2004

— Nariadenie (ES) č. 2124/2004

— Uredba (ES) št. 2124/2004

— Asetus (EY) N:o 2124/2004

— Förordning (EG) nr 2124/2004.

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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.

2.

No import licences shall be valid after 30 June 2005.

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:

— 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,

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.

— the transport document, drawn up in the name of the titular

holder, for the animals concerned,

4.

Licences issued shall be valid throughout the Community.

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
imported in excess of those shown on the import licence.

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

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

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 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, 14 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX