Commission Regulation (EC) No 1869/2006 of 15 December 2006 amending Regulation (EC) No 2172/2005 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: 2006-12-15
Institutions: European Commission
Subjects: Switzerland, cattle, import, live animal, tariff quota, trade agreement (EU)

16.12.2006

EN

Official Journal of the European Union

L 358/49

COMMISSION REGULATION (EC) No 1869/2006

of 15 December 2006

amending Regulation (EC) No 2172/2005 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)

Commission Regulation (EC) No 2172/2005 (2) opens,
on a multi-annual basis for periods from 1 January to
31 December, a duty-free tariff quota for the import of
4 600 live bovine animals originating in Switzerland. In
view of the accession of Bulgaria and Romania to the
European Union on 1 January 2007, the deadline for the
submission of applications for the import tariff quota
period 1 January to 31 December 2007 was extended
to 8 January 2007 by Commission Regulation (EC) No
1677/2006 of 14 November 2006 derogating from
Regulation (EC) No 2172/2005, as regards the date of
application for import rights for the tariff quota period
1 January to 31 December 2007 (3).

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
managed by a system of import licences (4) applies to
import licences for import tariff quota periods starting
from 1 January 2007. Regulation (EC) No 1301/2006
lays down in particular detailed provisions on appli-
cations for import licences, the status of applicants and
the issue of
licences. That Regulation provides that
import tariff quotas shall be opened for a period of 12
consecutive months and limits the period of validity of
licences to the last day of the import tariff quota period.
The provisions of Regulation (EC) No 1301/2006 should
apply to imports licences issued pursuant to Regulation
(EC) No 2172/2005, without prejudice to additional
conditions or derogations laid down in that Regulation.
It is necessary to align the provisions of Regulation (EC)
No 2172/2005 on Regulation (EC) No 1301/2006 where
appropriate.

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

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

(2) OJ L 346, 29.12.2005, p. 10.
(3) OJ L 314, 15.11.2006, p. 3.
(4) OJ L 238, 1.9.2006, p. 13.

(3) 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 both
reference periods referred to in Article 5 of Regulation
(EC) No 1301/2006. Moreover,
administrative
reasons, Member States should be allowed to accept
certified copies of the documents proving the existence
of trade with third countries.

for

(4)

(5)

(6)

In case the application of
the allocation coefficient
referred to in Article 7(2) of Regulation (EC) No
1301/2006 gives a figure of less than 50 head per appli-
cation, the quantity available should be awarded by the
Member States concerned by drawing lots for import
rights covering 50 head each,
in order to ensure a
commercially viable number of animals per application.

Regulation (EC) No 2172/2005 should therefore be
amended accordingly.

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

Regulation (EC) No 2172/2005 is amended as follows:

1. In Article 1(1), the first sub-paragraph is replaced by the

following:

‘A duty-free Community import
tariff quota is hereby
from 1 January to 31
for periods
opened every year
December for the import of 4 600 live bovine animals origi-
nating 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.’

L 358/50

EN

Official Journal of the European Union

16.12.2006

2. Article 2 is amended as follows:

(a) paragraph 1 is replaced by the following:

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.’

‘1.
For the purposes of application of Article 5 of
Regulation (EC) No 1301/2006, engagement
in trade
with third countries as referred to in that Article shall
mean that applicants have imported at least 50 animals
covered by CN codes 0102 10 and 0102 90.

5. In Article 6(4), point (a) is replaced by the following:

‘(a) in Box 8, the country of origin and the mention ‘‘yes’’ is

marked by a cross;’

Member States may accept as proof of trade with third
countries copies of the documents referred to in the
second sub-paragraph of Article 5 of Regulation (EC)
competent
No 1301/2006, duly
authority.’

certified by

the

(b) paragraphs 2 and 3 are deleted.

6. Article 7 is amended as follows:

(a) paragraph 1 is replaced by the following:

By way of derogation from Article 9(1) of Regu-
issued

‘1.
lation (EC) No 1291/2000,
pursuant to this Regulation shall not be transferable.’

licences

import

3. Article 3 is amended as follows:

(b) paragraphs 2 and 4 are deleted.

(a) paragraphs 1 and 4 are deleted;

7. Article 8 is replaced by the following:

(b) paragraph 5 is replaced by the following:

‘Article 8

After verification of

‘5.
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 latest, the total
quantities applied for.

Regulations (EC) No 1445/95 and (EC) No 1291/2000 and
Commission Regulation (EC) No 1301/2006 (*) shall apply,
subject to this Regulation.
___________
(*) OJ L 238, 1.9.2006, p. 13.’

Notwithstanding Article 6(3) of Regulation (EC) No
1301/2006, Article 11 of that Regulation shall apply.’

8. Annex I is deleted.

4. In Article 4, paragraph 2 is replaced by the following:

Article 2

‘2. Where application of the allocation coefficient referred
to in Article 7(2) of Regulation (EC) No 1301/2006 gives a
figure of less than 50 head per application, the quantity
available shall be awarded by the Member States concerned

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

It shall apply from 1 January 2007.

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

Done at Brussels, 15 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission