Commission Regulation (EC) No 2172/2005 of  23 December 2005  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 the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2005-12-23
Institutions: European Commission
Subjects: Switzerland, agricultural trade, cattle, import (EU), import licence, live animal, tariff quota

L 346/10

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Official Journal of the European Union

29.12.2005

COMMISSION REGULATION (EC) No 2172/2005

of 23 December 2005

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 the Agreement between the
European Community and the Swiss Confederation on trade in agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

Latvia,

adaptation of

Lithuania, Hungary, Malta,

Following the accession of the Czech Republic, Estonia,
Poland,
Cyprus,
Slovenia and Slovakia to the European Union,
the
European Community and the Swiss Confederation
agreed to proceed with the
tariff
concessions within the framework of
the Agreement
between the European Community and the Swiss
Confederation on trade in agricultural products (2) (here-
inafter referred to as the Agreement). The adaptation of
these tariff concessions, by Decision No 3/2005 of the
Joint Committee on Agriculture (3) amending Annexes 1
and 2 of the Agreement, provides for the opening of a
duty-free Community tariff quota for
the import of
4 600 live bovine animals weighing more than 160 kg
and originating in Switzerland. Detailed rules should be
adopted for the opening and administration of this tariff
quota on a multi-annual basis.

the tariff quota and given the
For the allocation of
products concerned it
is appropriate to apply the
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 this tariff quota,
live
animals should originate in Switzerland in conformity
with the rules referred to in Article 4 of the Agreement.

(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

(5)

(6)

(7)

(8)

(9)

to have imported a minimum of 50 animals during the
year previous to the annual quota period in question, as
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.

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

Also 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 should be fixed for import rights,
licences should not be transferable and import licences
should be issued to traders solely for the quantities for
which they have been allocated import rights.

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.

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

to Article 29(1) of Regulation (EC) No
Pursuant
1254/1999,
the arrangements have to 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
1291/2000 of 9 June 2000 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (4) and of Commission Regu-
lation (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 (5).

the application of

for

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

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

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 114, 30.4.2002, p. 132.
(3) OJ L 346, 29.12.2005, p. 33.

lation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

(5) 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).

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(10)

(11)

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 (1).

a primary

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.

(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

1.
A duty-free Community tariff quota is hereby opened on a
multi-annual basis for periods from 1 January to 31 December
for the import of 4 600 live bovine animals originating in
Switzerland weighing more than 160 kg,
falling within CN
codes 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.

Proof of import shall be furnished exclusively by means of
2.
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
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.

4.
A company formed by the merger of companies each
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

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

This tariff quota shall have the order number 09.4203.

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

The rules of origin applicable to the products referred to
2.
in paragraph 1 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 12 months previous
to the deadline for applications referred to in Article 3(3).

3.
Applications for import rights shall be lodged at the latest
before 13:00, Brussels time, on 1 December preceding the
annual quota period in question.

However, for the quota period from the date of entry into force
of the present Regulation until 31 December 2006, applications
for import rights shall be lodged at the latest before 13.00,
Brussels time, on the 10th working day following the date of
publication of
this Regulation in the Official
the
European Union.

Journal of

Applicants must be listed in a national VAT register.

(1) 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).

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.

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After verification of the documents presented, Member
5.
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.

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

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

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.

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;

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

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 allocation coefficient
applied for.

(c)

in box 20, the order number of the quota (09.4203) and at
least one of the entries listed in Annex II.

Where application of the allocation 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

The security relating to the import rights shall be EUR 3
It must be lodged with the competent authority

1.
per head.
together with the application for import rights.

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 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.

No import licences shall be valid after 31 December of the

2.
annual quota period in question.

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.
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:

3. Where application of the allocation coefficient referred to
in Article 4(2) 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.

(a)

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

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

lodge

together with the licence application.

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.

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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;

(c) proof that the goods have been declared for release for free
circulation with the indication of the name and address of
the titular holder as consignee.

Article 8

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

Article 9

(b) the transport document, drawn up in the name of the titular

holder, for the animals concerned;

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, 23 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Fax: (32-2) 292 17 34

E-mail: AGRI-IMP-BOVINE@cec.eu.int

ANNEX I

Application of Regulation (EC) No 2172/2005

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ANNEX II

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

— In Spanish:

Reglamento (CE) no 2172/2005

— In Czech:

Nařízení (ES) č. 2172/2005

— In Danish:

Forordning (EF) nr. 2172/2005

— In German:

Verordnung (EG) Nr. 2172/2005

— In Estonian:

Määrus (EÜ) nr 2172/2005

— In Greek:

Κανονισμός (ΕΚ) αριθ. 2172/2005

— In English:

Regulation (EC) No 2172/2005

— In French:

Règlement (CE) no 2172/2005

— In Italian:

Regolamento (CE) n. 2172/2005

— In Latvian:

Regula (EK) Nr. 2172/2005

— In Lithuanian:

Reglamentas (EB) Nr. 2172/2005

— In Hungarian:

2172/2005/EK rendelet

— In Maltese:

Regolament (KE) Nru 2172/2005

— In Dutch:

Verordening (EG) nr. 2172/2005

— In Polish:

Rozporządzenie (WE) nr 2172/2005

— In Portuguese:

Regulamento (CE) n.o 2172/2005

— In Slovakian:

Nariadenie (ES) č. 2172/2005

— In Slovenian:

Uredba (ES) št. 2172/2005

— In Finnish:

Asetus (EY) N:o 2172/2005

— In Swedish:

Förordning (EG) nr 2172/2005