Commission Regulation (EC) No 800/2006 of  30 May 2006  opening and providing for the administration of an import tariff quota for young male bovine animals for fattening ( 1 July 2006  to  30 June 2007 )
Date: 2006-05-30
Institutions: European Commission
Subjects: cattle, fattening, import, import licence, tariff quota

31.5.2006

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 800/2006

of 30 May 2006

opening and providing for the administration of an import tariff quota for young male bovine
animals for fattening (1 July 2006 to 30 June 2007)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

animals per application, each application of
import
licences should respect a minimum and a maximum
number of heads.

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)

(4)

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. However, as a result
of negotiations which led to the Agreement in the form
an Exchange of Letters between the European
of
Community and the United States of America pursuant
the General
to Article XXIV:6 and Article XXVIII of
(GATT) 1994 (2),
Agreement on Tariffs
approved by Council Decision 2006/333/EC (3),
the
Community undertook to incorporate in its schedule
for all Member States an adjustment of
import
tariff quota.

and Trade

that

It is appropriate to lay down in the detailed rules for the
management of this tariff quota that for the period from
1 July 2006 to 30 June 2007 the available quantity
should be phased over the year in a suitable manner
within the meaning of Article 32(4) of Regulation (EC)
No 1254/1999.

In view of the forthcoming entry into force of the Treaty
of Accession of Bulgaria and Romania to the European
Union, without prejudice to Article 39 of that Treaty,
and in order to enable operators of those countries to
benefit from this quota as of the date of their accession,
the quota period should be divided into two sub-periods
and the quantity available under this quota should be
staggered over these periods,
the
traditional trade patterns between the Community and
the supplier countries within this quota.

taking into account

In order to provide a more equal access to the quota
viable number of
commercially
while

ensuring

a

(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 50 animals during the
period from 1 May 2005 to 30 April 2006 given that a
consignment of 50 animals may be considered to be a
commercial viable consignment.

(6)

(7)

(8)

(9)

To enable such criteria to be checked, applications should
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
2006 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 allocation coefficient 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 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 (4) 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 (5).

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

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

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

(2) OJ L 124, 11.5.2006, p. 15.
(3) OJ L 124, 11.5.2006, p. 13.

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

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

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

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(10)

the
Experience shows that a proper management of
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, within the meaning of
Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for the appli-
for agricultural
cation of
products (1).

system of

securities

the

The quantities
3.
staggered as follows:

referred to in paragraph 1 shall be

(a) 12 035 live bovine animals for the period from 1 July 2006

to 31 December 2006;

(b) 12 035 live bovine animals for the period from 1 January

2007 to 30 June 2007.

(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
should not apply.

4.
If, during the period mentioned in paragraph 3(a), the
quantity covered by licence applications submitted is less than
the quantity available for that period, the remaining quantity of
that period will be added to the quantity available for the period
mentioned in paragraph 3(b).

(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.

fattened for

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

least 120 days

at

(14)

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

A tariff quota for 24 070 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 from 1 July 2006 to 30 June
2007.

0102 90 05,

0102 90 29

Article 2

satisfaction of

1.
To be eligible for the quota provided for in Article 1,
applicants must be natural or legal persons and must prove
the
to the
Member State concerned, at the time they submit their appli-
cations for import licences, that they have imported at least 50
animals covered by CN code 0102 90 during the period from
1 May 2005 to 30 April 2006.

authorities of

competent

the

Subject to the entry into force of the Treaty of Accession of
Bulgaria and Romania on 1 January 2007, operators in those
licences in relation to the
countries may apply for import
quantity available for the second sub-period of this quota as
referred to in Article 1(3)(b), provided they have imported at
least 50 animals covered by CN code 0102 90 during the
period from 1 May 2005 to 30 April 2006.

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

This tariff quota shall have the order number 09.4005.

The customs import duty applicable under

2.
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.

(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).

Member States may accept copies of the document referred to
in the first subparagraph, duly certified by the competent
authority. Where such copies are accepted, notification thereof
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 2006 have ceased their
activities in trade with third countries in the beef and veal
sector shall not qualify for any application.

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

imports

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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 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 lot is less than
50 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 50 animals;

Article 5

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

Import

1.
operator who submitted the application.

licences shall be issued on the name of

the

Where applications exceed the quantity referred to in point (b)
of the first subparagraph, the excess shall be disregarded.

2.

Licence applications and licences shall show the following:

(a)

in box 8, the country of origin;

Applications for import licences for the period referred to
3.
in Article 1(3)(a) shall be submitted during the 10 working days
following the publication of
this Regulation in the Official
Journal of the European Union.

(b) in box 16, one or

following Com-
several of
bined Nomenclature code: 0102 90 05, 0102 90 29 or
0102 90 49;

the

Applications for import licences for the period as referred to in
Article 1(3)(b) shall be submitted during the first 10 working
days of that period.

(c)

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

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 5th 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.

Article 6

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.

2.
By way of derogation from Article 3 of Regulation (EC)
No 1445/95 import licences shall be valid for 180 days from
their actual day of issue within the meaning of Article 4(3) of
this Regulation. No import licences shall be valid after 30 June
2007.

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

4.

Licences issued shall be valid throughout the Community.

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

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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By way of derogation from the provisions of Section 4 of
6.
Title III of 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 an 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;

(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 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 of the farm or
farms where the young bovine animals are to be fattened;

in Annex III with the
the Member State. The fattening of

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

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

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

to paragraph 1;

(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.

3.
If the proof referred to in paragraph 2 is not furnished
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 that 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, save as otherwise provided for in 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, 30 May 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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EC Fax (32 2) 292 17 34

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

ANNEX I

Application of Regulation (EC) No 800/2006

Order No: 09.4005

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ANNEX II

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 800/2006]’

— in Czech:

‘Živí býci s živou váhou nepřevyšující 300 kg na kus, na výkrm (Nařízení (ES) č. 800/2006)’

— in Danish:

‘Levende ungtyre til opfedning, med en levende vægt på ikke over 300 kg pr. dyr (forordning (EF)
nr. 800/2006)’

— in German:

‘Lebende männliche Rinder mit einem Gewicht von höchstens 300 kg je Tier, zur Mast bestimmt
(Verordnung (EG) Nr. 800/2006)’

— in Estonian:

‘Elusad isasveised elusmassiga kuni 300 kg, nuumamiseks (määrus (EÜ) nr 800/2006)’

— in Greek:

‘Ζώντα βοοειδή με βάρος ζώντος που δεν υπερβαίνει τα 300 kg ανά κεφαλή, προς πάχυνση [κανονισμός
(ΕΚ) αριθ. 800/2006]’

— in English:

‘Live male bovine animals of a live weight not exceeding 300 kg per head, for fattening (Regulation
(EC) No 800/2006)’

— in French:

‘Bovins mâles vivants d'un poids vif inférieur ou égal à 300 kg par tête, destinés à l'engraissement
[Règlement (CE) no 800/2006]’

— in Italian:

‘Bovini maschi vivi di peso vivo non superiore a 300 kg per capo, destinati all’ingrasso [regolamento
(CE) n. 800/2006]’

— in Latvian:

‘Jaunbuļļi nobarošanai, kuru dzīvsvars nepārsniedz 300 kg (Regula (EK) Nr. 800/2006)’

— in Lithuanian:

‘Penėjimui skirti gyvi jaučiai, kurių vieno galvijo gyvasis svoris yra ne didesnis kaip 300 kg (Regla-
mentas (EB) Nr. 800/2006)’

— in Hungarian:

‘Legfeljebb 300 kg egyedi élőtömegű élő hím szarvasmarhaféle, hizlalás céljára (800/2006/EK rendelet)’

— in Dutch:

‘Levende mannelijke mestrunderen met een gewicht van niet meer dan 300 kg per dier (Verordening
(EG) nr. 800/2006)’

— in Polish:

‘Żywe młode byki o żywej wadze nieprzekraczającej 300 kg za sztukę bydła, opasowe (rozporządzenie
(WE) nr 800/2006)’

— in Portuguese:

‘Bovinos machos vivos com peso vivo inferior ou igual a 300 kg por cabeça, para engorda [Regu-
lamento (CE) n.o 800/2006]’

— in Slovakian:

‘Živé mladé býčky, ktorých živá hmotnosť nepresahuje 300 kg na kus, určené na výkrm [nariadenie
(ES) č. 800/2006]’

— in Slovenian:

‘Živo moško govedo za pitanje, katerega živa teža ne presega 300 kg na glavo (Uredba (ES)
št. 800/2006)’

— in Finnish:

‘Lihotettaviksi tarkoitettuja eläviä urospuolisia nautaeläimiä, elopaino enintään 300 kg/eläin (asetus
(EY) N:o 800/2006)’

— in Swedish:

‘Levande handjur av nötkreatur som väger högst 300 kg, för gödning (förordning (EG) nr 800/2006)’

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ANNEX III

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