Commission Regulation (EC) No 1217/2005 of 28 July 2005 laying down detailed rules for the application of a tariff quota for certain live bovine animals originating in Bulgaria, provided for in Council Decision 2003/286/EC
Date: 2005-07-28
Institutions: European Commission
Subjects: Bulgaria, cattle, import licence, live animal, originating product, tariff quota

29.7.2005

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Official Journal of the European Union

L 199/33

COMMISSION REGULATION (EC) No 1217/2005

of 28 July 2005

laying down detailed rules for the application of a tariff quota for certain live bovine animals
originating in Bulgaria, provided for in Council Decision 2003/286/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

bovine animals, on a multi-annual basis beginning on
1 July 2005.

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 the first subparagraph of
Article 32(1) thereof,

Whereas,

(1)

(2)

(3)

establishing

Council Decision 2003/286/EC of 8 April 2003 on the
conclusion of a Protocol adjusting the trade aspects of
the Europe Agreement
an association
between the European 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
concessions (2),
Parties on new mutual
provided for concessions as regards the opening of
tariff import quotas of certain live bovine animals origi-
nating from Bulgaria.

agricultural

the other part,

Council and Commission Decision 2005/430/EC of
18 April 2005 on the conclusion of
the Additional
Protocol to the Europe Agreement establishing an asso-
ciation between the European Communities and their
Member States, of the one part, and the Republic of
Bulgaria, of
the
accession of
the Republic of
Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic to the European
Union (3) provides for additional concessions as regards
imports of certain live bovine animals originating from
Bulgaria.

the Czech Republic,

to take account of

Detailed rules should be adopted for the opening and
concerning live
administration of

tariff quota

the

(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 certain minimum number of animals
during the year previous to the annual quota period in
question which, at the same time, should guarantee a fair
access
the present
concessions only apply to imports of animals from
Bulgaria and considering the imports which are carried
out from this country, a consignment of 50 animals may
be considered to be a normal load. Experience shows that
the purchase of a single consignment
is a minimum
requirement for a transaction to be considered real and
viable.

concessions. Given that

to the

(5)

(6)

(7)

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

Furthermore, in order to prevent speculation, importers
no longer involved in trade in live bovine animals at 1
January previous to the beginning of the annual quota
period in question should be denied access to the quota.
Moreover, a security relating to import rights should be
submitted in the Member States where the operator is
licences
entered in the national VAT register.
should not be transferable and should be issued to
traders solely for the quantities for which they have
been allocated import rights.

Import

To provide a more equal access to the quota while
ensuring a commercially viable number of animals per
application, maximum and minimum limits should be
fixed for the number of animals covered in each appli-
cation.

(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).

(8)

(2) OJ L 102, 24.4.2003, p. 60.
(3) OJ L 155, 17.6.2005, p. 1.

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

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Official Journal of the European Union

29.7.2005

(9)

(10)

of

Regulation

to Article

(EC)
29(1)
Pursuant
No 1254/1999, the arrangements should be managed
using import licences. To this end, rules should be laid
down on the submission of applications and the infor-
mation to be given on applications and licences, where
necessary in addition to or by way of derogation from
certain provisions of 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 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 appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (2).

security,

To oblige operators to apply for import licences for all
import rights allocated, it should be established that the
application should constitute, with regard to the import
rights
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).

a primary

(11) 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 animals
the purchase,
transport and import of
concerned. Presentation of proof of
those activities
should thus also be a primary requirement with regard
to the licence security.

(12) 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
should not apply.

(13)

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

HAS ADOPTED THIS REGULATION:

Article 1

6 600 live bovine animals weighing not more than 300
kilograms falling within CN codes 0102 90 05, 0102 90 21,
0102 90 29, 0102 90 41 or 0102 90 49 and originating in
Bulgaria may be imported into the Community free of duty
in each 12-month period as from 1 July 2005.

(1) 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).

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

lation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(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).

The quota referred to in the first sub-paragraph shall have the
order number 09.4783.

The quota referred to in the first sub-paragraph shall be
increased each year by 600 head.

Article 2

1.
Applications for import rights under the quota provided
for in Article 1 may only be submitted by applicants which are
natural or legal persons. Applicants must prove to the satis-
the Member State
faction of
concerned, at
that
they have imported at least 50 animals covered by CN code
0102 90 during the year previous to the annual quota period in
question.

the competent authorities of
the time they submit

their applications,

Applicants must be listed in a national VAT register.

2.
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.

3.
Operators who at 1 January previous to the annual quota
period in question have ceased their activities in trade with third
countries in the beef and veal sector shall not qualify for any
allocation.

A company formed by the merger of companies each
4.
complying with the minimum
having reference
quantity referred to in paragraph 1 may use those reference
imports as a basis for its application.

imports

Article 3

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

Applications for import rights must cover at

2.
least 50
animals and may not cover more than 5 % of the quantity
available.

Where applications exceed the percentage referred to in the first
subparagraph, the excess shall be disregarded.

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Applications for import rights shall be lodged before
3.
13:00, Brussels time, on 15 June preceding the annual quota
period in question.

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

However, for the quota period from 1 July 2005 to 30 June
2006, applications for import rights shall be lodged before
13:00, Brussels time, on the 10th working day following the
date of publication of this Regulation in the Official Journal of the
European Union.

3. Where the application of the reduction coefficient referred
to in Article 4(2) causes less import rights to be allocated than
the security lodged shall be released
had been applied for,
proportionally without delay.

4.
Applicants may lodge no more than one application each
for the quota referred to in Article 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
applications at
the list of applicants and their
the latest,
addresses as well as the quantities applied for.

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.

All notifications, including ‘nil’ returns, shall be forwarded by
fax or e-mail using the model form in Annex I or in another
form communicated by the Commission to the Member States.

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

4.

Licence applications and licences shall show the following:

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)

in box 8, the country of origin;

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

Where application of the reduction coefficient provided for in
the first subparagraph gives a figure of less than 50 head per
application,
the quantity available shall be awarded by the
Member States concerned by drawing lots for import rights
covering 50 head each. Where the remainder is less than 50
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 shall be deposited with the competent authority
together with the application for import rights.

(b) in box 16, one or several of the following CN codes:

0102 90 05, 0102 90 21, 0102 90 29, 0102 90 41 or
0102 90 49;

(c)

in box 20, the order number of the quota concerned and at
least one of the entries listed in Annex II.

Licences shall carry with them an obligation to import from the
country indicated in box 8.

Article 7

By way of derogation from Article 9(1) of Regulation (EC)
1.
No 1291/2000, import licences issued pursuant to this Regu-
lation shall not be transferable and shall confer rights under the
tariff quota 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.

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By way of derogation from Article 3 of Regulation (EC)
2.
No 1445/95 import licences shall be valid for 150 days from
their actual day of issue within the meaning of Article 6(3) of
this Regulation. No import licences shall be valid after 30 June
of each annual quota period.

3.
The grant of the import licence shall be conditional on the
lodging of a security of EUR 20 per head which shall be
composed of:

(a)

the security of EUR 3 referred to in Article 5(1) and

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,

(c) a document according to which the goods have been
declared for release for free circulation with the indication
of the name and address of the titular holder as consignee.

(b) an amount of EUR 17 which the applicant shall

lodge

together with the licence application.

Article 8

4.

Licences issued shall be valid throughout the Community.

5.
Article 8(4) of Regulation (EC) No 1291/2000 shall not
apply. To that end, the figure ‘0’ (zero) shall be entered in box
19 of licences.

6.
Notwithstanding the provisions of Section 4 of Title III of
Regulation (EC) No 1291/2000 concerning the release of secu-
rities,
the security referred to in paragraph 3 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

Imported animals shall qualify for the exemption from duties in
accordance with Article 1 on presentation of either an EUR 1
movement certificate issued by the exporting country in
accordance with Protocol 4 annexed to the Europe Agreement
with Bulgaria, or a invoice-declaration drawn up by the exporter
in accordance with this Protocol.

Article 9

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

Article 10

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply as from 1 July 2005.

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

Done at Brussels, 28 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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EC Fax (32 2) 292 17 34

E-mail: AGRI-Bovins-Import@cec.eu.int

ANNEX I

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ANNEX II

Entries referred to in Article 6(4)(c)

— In Spanish:

Reglamento (CE) no 1217/2005

— In Czech:

Nařízení (ES) č. 1217/2005

— In Danish:

Forordning (EF) nr. 1217/2005

— In German:

Verordnung (EG) Nr. 1217/2005

— In Estonian: Määrus (EÜ) nr 1217/2005

— In Greek:

Κανονισμός (ΕΚ) αριθ. 1217/2005

— In English:

Regulation (EC) No 1217/2005

— In French:

Règlement (CE) no 1217/2005

— In Italian:

Regolamento (CE) n. 1217/2005

— In Latvian:

Regula (EK) Nr. 1217/2005

— In Lithuanian: Reglamentas (EB) Nr. 1217/2005

— In Hungarian: 1217/2005/EK rendelet

— In Dutch:

Verordening (EG) nr. 1217/2005

— In Polish:

Rozporządzenie (WE) nr 1217/2005

— In Portuguese: Regulamento (CE) n.o 1217/2005

— In Slovakian: Nariadenie (ES) č. 1217/2005

— In Slovenian: Uredba (ES) št. 1217/2005

— In Finnish:

Asetus (EY) N:o 1217/2005

— In Swedish:

Förordning (EG) nr 1217/2005