Commission Regulation (EC) No 558/2007 of 23 May 2007 opening and providing for the administration of an import tariff quota for young male bovine animals for fattening
Date: 2007-05-23
Institutions: European Commission
Subjects: CCT duties, cattle, fattening, import, import licence, tariff quota

24.5.2007

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 558/2007

of 23 May 2007

opening and providing for the administration of an import tariff quota for young male bovine
animals for fattening

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

by a system of import licences (4). In this way, operators
that have obtained import rights should be able to
the
decide, during the course of
moment when they wish to apply for import licences,
in view of their actual trade flows. In any case, Regu-
lation (EC) No 1301/2006 limits the period of validity of
licences to the last day of the import tariff quota period.

the quota period,

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,

(4)

Whereas,

(1)

(2)

(3)

import

The WTO schedule CXL requires the Community to open
an annual
tariff quota for 169 000 heads of
young male bovine animals for fattening. However, as
a result of negotiations which led to the Agreement in
the form of an Exchange of Letters between the European
Community and the United States of America pursuant
to Article XXIV(6) and Article XXVIII of the General
(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 to 24 070 heads.

and Trade

that

It is necessary to lay down the detailed rules for the
tariff quota
opening and management of
for periods from 1 July to 30 June of the following year.

this import

to Article 29(1) of Regulation (EC) No
Pursuant
imports into the Community should be
1254/1999,
managed using import licences. However,
it is appro-
priate to manage this quota by attributing import
rights as a first step and issuing import licences as a
second, as provided for in Article 6(3) of Commission
Regulation (EC) No 1301/2006 of 31 August 2006
laying down common rules for the administration of
import tariff quotas for agricultural products managed

Rules should be laid down on the submission of appli-
cations 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 (5) and 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 (6).

the application of

for

(5)

Regulation (EC) No 1301/2006 lays down in particular
detailed provisions on applications for import rights, the
status of applicants and the issue of import licences. The
provisions of that Regulation should apply, from 1 July
2007, to imports licences issued pursuant to this Regu-
lation, without prejudice to additional conditions laid
down in this Regulation.

(6) 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 each
of the two reference periods referred to in Article 5 of
Regulation
a
consignment of 50 animals may be considered to be a
commercial viable consignment. Moreover, for adminis-
trative reasons, Member States should be allowed to
accept certified copies of
the documents proving the
existence of trade with third countries.

1301/2006,

(EC) No

given

that

(4) OJ L 238, 1.9.2006, p. 13. Regulation as last amended by Regu-

lation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

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

(5) 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 1965/2006 (OJ L 408, 30.12.2006, p. 27).

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

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(7)

(8)

(9)

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Official Journal of the European Union

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Also in order to prevent speculation, a security should be
fixed for import rights,
import licences should not be
transferable and licences should be issued to traders
solely for
for which they have been
allocated import rights.

the quantities

hereby opened every year for periods from 1 July to 30 June of
the following year (import tariff quota periods).

This tariff quota shall have the order number 09.4005.

licence

application for

To oblige operators to apply for import licences for all
it should be established that
import rights allocated,
lodging
the quantities
the
allocated constitutes, with regard to the import rights
security, a primary requirement within the meaning of
Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for the appli-
cation of
for agricultural
products (1).

system of

securities

the

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, within the meaning of
Regulation (EEC) No 2220/85.

(10)

The application of
this tariff quota requires effective
the imported
checks on the specific destination of
animals. The animals should therefore be fattened in
the Member State which has awarded the import rights.

fattened for

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

least 120 days

at

2.
The customs import duty applicable under 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.

Article 2

1.
The quota referred to in Article 1(1) shall be managed by
attributing import rights as a first step and issuing import
licences as a second.

Regulations (EC) No 1445/95, (EC) No 1291/2000 and
2.
(EC) No 1301/2006 shall apply, save as otherwise provided for
in this Regulation.

Article 3

1.
For the purposes of application of Article 5 of Regulation
(EC) No 1301/2006, applicants shall demonstrate that they have
imported at least 50 animals covered by CN code 0102 90
during each of the two reference periods referred to in that
Article and that they have been commercially and logistically
responsible for the purchase, transport and clearance for free
circulation of the animals concerned.

Proof for these conditions shall be furnished exclusively by:

(12)

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

(a) copies of the documents referred to in the second paragraph
of Article 5 of Regulation (EC) No 1301/2006, duly
certified by the competent authority;

HAS ADOPTED THIS REGULATION:

Article 1

An import tariff quota for 24 070 young male bovine
1.
animals falling within CN code 0102 90 05, 0102 90 29 or
0102 90 49 and intended for fattening in the Community is

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

(EC) No 1913/2006.

(b) 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;

(c)

lading or, where applicable,

the bill of
the road or air
transport document, drawn up in the name of the titular
holder, for the animals concerned.

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A company formed by the merger of companies each
2.
having reference
complying with the minimum
quantity referred to in the first subparagraph of paragraph 1
may use those reference imports as a proof of trade.

imports

Import licences shall be issued on application by and in
2.
the name of the operator who has obtained the import rights.

Import licence applications and import licences shall show

3.
the following:

Article 4

1.
Applications for import rights shall be lodged no later
than 13.00, Brussels time, on 1 June preceding the import
tariff quota period in question.

(a)

in box 8, the country of origin;

A security of EUR 3 per head relating to the import rights
2.
shall be lodged with the competent authority together with the
application for import rights.

No later than 16:00, Brussels time, on the 5th working
3.
day following the end of the period for the lodging of appli-
cations, Member States shall notify the Commission of the total
quantities applied for.

Article 5

Import rights shall be awarded as from the seventh and
1.
no later than the 16th working day following the end of the
period for the notifications referred to in Article 4(3).

2.
If application of the allocation coefficient referred to in
Article 7(2) of Regulation (EC) No 1301/2006 results in fewer
import rights to be allocated than had been applied for, the
security lodged in accordance with Article 4(2) shall be released
proportionally without delay.

Article 6

1.
The release into free circulation of the quantities awarded
under the quota referred to in Article 1(1) is subject to the
presentation of an import licence.

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

Article 7

1.
Import licence applications may be lodged solely in the
Member State where the applicant has applied and obtained
import rights under the quota referred to in Article 1(1).

Each issuing of import licence shall result in a corresponding
reduction of the import rights obtained and the security lodged
in accordance with Article 4(2) shall be released proportionally
without delay.

(b) in box 16, one or several of

the following CN codes:

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

(c)

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

Article 8

By way of derogation from Article 9(1) of Regulation (EC)
licences issued

1.
No 1291/2000, rights deriving from import
pursuant to this Regulation shall not be transferable.

2.
The grant of the import licence shall be conditional on the
lodging of a security of EUR 12 per head which the applicant
shall lodge together with the licence application.

3.
By way of derogation from the provisions of Section 4 of
Title III of Regulation (EC) No 1291/2000, the security referred
to in paragraph 2 of this Article shall not be released until
proof has been furnished 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, as referred to in the second subparagraph
of Article 3(1) of this Regulation.

Article 9

At the time of release for free circulation, the importer

1.
shall provide proof 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 II with the
the Member State. The fattening of

(b) lodged a security of an amount as laid down for each
competent
eligible CN code
the
authority of
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.

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

— 15 %, and by

— 2 % of the remaining amount for each day by which the

time limit has been exceeded.

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

to paragraph 1;

The amounts not released shall be forfeited.

(b) have not been slaughtered before a period of 120 days from

the date of import has elapsed; or

If the proof referred to in paragraph 2 is not furnished
3.
within 180 days from the date of import, the security shall be
forfeited.

(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, 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.

However, where the time limit referred to in paragraph 1(a) has
not been observed, the security to be released shall be reduced
by:

Article 10

This Regulation shall enter into force on the third 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 May 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Endorsements provided for in Article 7(3)(c)

— in Bulgarian: Живи мъжки животни от рода на едрия рогат добитък с живо тегло ненадвишаващо 300 кг за глава

добитък, предназначени за угояване [Регламент (ЕО) № 558/2007]

— in Spanish:

Bovinos machos vivos de peso vivo inferior o igual a 300 kg [Reglamento (CE) no 558/2007]

— in Czech:

Živí býci s živou váhou nepřevyšující 300 kg na kus, na výkrm (Nařízení (ES) č. 558/2007)

— in Danish:

— in German:

— in Estonian:

— in Greek:

— in English:

— in French:

— in Italian:

Levende ungtyre til opfedning, med en levende vægt på ikke over 300 kg pr. dyr (forordning (EF)
nr. 558/2007)

Lebende männliche Rinder mit einem Gewicht von höchstens 300 kg je Tier, zur Mast bestimmt
(Verordnung (EG) Nr. 558/2007)

Elusad isasveised elusmassiga kuni 300 kg, nuumamiseks (määrus (EÜ) nr 558/2007)

Ζώντα βοοειδή με βάρος ζώντος που δεν υπερβαίνει τα 300 kg ανά κεφαλή, προς πάχυνση [κανονισμός
(ΕΚ) αριθ. 558/2007]

Live male bovine animals of a live weight not exceeding 300 kg per head, for fattening (Regulation
(EC) No 558/2007)

Bovins mâles vivants d'un poids vif inférieur ou égal à 300 kg par tête, destinés à l'engraissement
[règlement (CE) no 558/2007].

Bovini maschi vivi di peso vivo non superiore a 300 kg per capo, destinati all’ingrasso [regolamento
(CE) n. 558/2007]

— in Latvian:

Jaunbuļļi nobarošanai, kuru dzīvsvars nepārsniedz 300 kg (Regula (EK) Nr. 558/2007)

— in Lithuanian:

Penėjimui skirti gyvi vyriškos lyties galvijai, kurių vieno gyvasis svoris yra ne didesnis kaip 300 kg
(Reglamentas (EB) Nr. 558/2007)

— in Hungarian:

Legfeljebb 300 kg egyedi élőtömegű élő hím szarvasmarhaféle, hizlalás céljára (558/2007/EK rendelet)

— in Maltese:

Annimali bovini ħajjin tas-sess maskil b'piż ħaj
Regolament (KE) Nru 558/2007)

li ma jisboqx it-300 kg kull ras, għat-tismin (ir-

— in Dutch:

— in Polish:

— in Portuguese:

Levende mannelijke mestrunderen met een gewicht van niet meer dan 300 kg per dier (Verordening
(EG) nr. 558/2007)

Żywe młode byki o żywej wadze nieprzekraczającej 300 kg za sztukę bydła, opasowe (rozporządzenie
(WE) nr 558/2007)

Bovinos machos vivos com peso vivo inferior ou igual a 300 kg por cabeça, para engorda [Regu-
lamento (CE) n.o 558/2007]

— in Romanian: Masculi vii din specia bovină cu o greutate în viu mai mică sau egală cu 300 kg per cap, destinați

îngrășării [Regulamentul (CE) nr. 558/2007]

— in Slovakian:

Živé býčky so živou hmotnosťou do 300 kg na kus, určené pre ďalší výkrm [nariadenie (ES)
č. 558/2007]

— in Slovenian:

Živo moško govedo za pitanje, katerega živa teža ne presega 300 kg na glavo (Uredba (ES)
št. 558/2007)

— in Finnish:

— in Swedish:

Lihotettaviksi tarkoitettuja eläviä urospuolisia nautaeläimiä, elopaino enintään 300 kg/eläin (asetus (EY)
N:o 558/2007)

Levande handjur av nötkreatur som väger högst 300 kg, för gödning (förordning (EG) nr 558/2007)

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ANNEX II

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