Commission Regulation (EC) No 659/2007 of 14 June 2007 opening and providing for the administration of import tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds
Date: 2007-06-14
Institutions: European Commission
Subjects: bull, cow, heifer, import, tariff quota

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Official Journal of the European Union

15.6.2007

COMMISSION REGULATION (EC) No 659/2007

of 14 June 2007

opening and providing for the administration of import tariff quotas for bulls, cows and heifers
other than for slaughter of certain Alpine and mountain breeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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)

In the framework of the World Trade Organisation, the
Community has undertaken to open annual import tariff
quotas
than for
slaughter of certain Alpine and mountain breeds.

for bulls, cows and heifers other

It is necessary to lay down detailed rules for the opening
and administration of these import tariff quotas every
year for the period from 1 July to 30 June of
the
following year.

to Article 29(1) of Regulation (EC) No
Pursuant
1254/1999,
imports into the Community should be
subject to import licences. However, it is appropriate to
manage these import tariff quotas 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
In this way,
by a
operators that have obtained import rights should be
able to decide, during the course of the import tariff
quota period, the moment when they wish to apply for
import licences, taking into account their actual trade
flows.
In any case, Regulation (EC) No 1301/2006
limits the period of validity of licences to the last day
of the import tariff quota period.

licences (2).

system of

import

Rules should be laid down on the submission of appli-
cations and the information to be given in the appli-
cations 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 Regu-
lation (EEC) No 2377/80 (3) and Commission Regulation
(EC) No 1291/2000 of 9 June 2000 laying down
common detailed rules
the
for
system of
licences and advance
import and export
fixing certificates for agricultural products (4).

the application of

Regulation (EC) No 1301/2006 lays down in particular
detailed provisions on the 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 import licences issued pursuant to this
Regulation, without prejudice to additional conditions
laid down in this Regulation.

in order

In order to prevent speculation, the quantities available
within the import tariff quotas should be made accessible
they are
to operators which are able to show that
scale
genuinely engaged in import on a significant
to ensure
from third countries. Therefore,
efficient management, the traders concerned should be
required to have imported a minimum of 25 animals
during each of the two reference periods referred to in
Article 5 of Regulation (EC) No 1301/2006, provided
that a consignment of 25 animals may be considered
to be a commercially viable consignment. Moreover,
for administrative reasons, Member States should be
allowed to accept certified copies of
the documents
proving the existence of trade with third countries.

(5)

(6)

(7)

In addition, a security should be fixed for import rights.
Import licences should not be transferable and licences
should be issued to traders solely for the quantities for
which they have been allocated import rights.

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

(3) 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).

lation (EC) No 586/2007 (OJ L 139, 31.5.2007, p. 5).

(2) OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation

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

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

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

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(8)

(9)

(10)

(11)

In order to oblige operators to apply for import licences
for all import rights allocated, submission of the licence
application for the quantities allocated should constitute,
with regard to the import rights security, a primary
requirement within the meaning of Commission Regu-
lation (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).

for customs

Article 82 of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (2) provides
supervision of goods
released for free circulation at a reduced rate of duty
on account of
their end-use. The animals imported
under the import tariff quotas provided for in this Regu-
lation should be monitored for a certain period in order
they are not slaughtered during that
to ensure that
period.

To this end, a security should be lodged, the amount of
which should cover the difference between the Common
Customs Tariff duty and the reduced duty applicable on
the date of release for free circulation of animals in
question.

For the sake of clarity, Commission Regulation (EC) No
1081/1999 of 26 May 1999 opening and providing for
the administration of tariff quotas for imports of bulls,
cows and heifers other than for slaughter of certain
Alpine and mountain breeds, repealing Regulation (EC)
No 1012/98 and amending Regulation (EC) No
1143/98 (3), should therefore be repealed and replaced
by a new Regulation as of 1 July 2007.

(12)

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

The import tariff quotas for bulls, cows and heifers other than
for slaughter of certain Alpine and mountain breeds referred to
in Annex I are hereby opened every year for the period from 1
July to 30 June of
tariff quota
periods).

the following year (import

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

(EC) No 1913/2006.

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(3) OJ L 131, 27.5.1999, p. 15. Regulation as last amended by Regu-
lation (EC) No 1965/2006 (OJ L 408, 30.12.2006, p. 26, corrected
by OJ L 47, 16.2.2007, p. 21).

The tariff quotas
09.4197.

shall have order numbers 09.4196 and

Article 2

1.
For the purposes of this Regulation, animals as referred to
in Article 1 shall be other than for slaughter where they are not
slaughtered within four months of the date of acceptance of the
declaration of release for free circulation.

Derogations may be granted in duly proven cases of
majeure.

force

To qualify under the import tariff quota covered by order
2.
number 09.4197, the following documents must be presented:

(a)

for bulls: a pedigree certificate,

(b) for cows and heifers: a pedigree certificate or a certificate of
registration in a herdbook certifying the purity of the breed.

Article 3

1.
The import tariff quotas referred to in Annex I shall be
managed by attributing import rights as a first step and issuing
import licences as a second.

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

Article 4

1.
For the purposes of application of Article 5 of Regulation
(EC) No 1301/2006, applicants shall demonstrate that they have
imported at least 25 animals covered by CN code 0102 90
during each of the two reference periods referred to in that
Article.

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

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

imports

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Article 5

1.
Applications for imports rights shall be submitted no later
than 13:00, Brussels time, on 20 June preceding yearly import
tariff quota period.

Import

2.
operator who has obtained the import rights.

licences shall be issued in the name of

the

Import

3.
contain the following:

licence applications and import

licences

shall

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

(a)

in box 8, the country of origin;

3.
No later than 16:00, Brussels time, on the fifth working
day following the end of the period for the submission of
applications referred to in paragraph 1, Member States shall
notify the Commission of the total quantities applied for each
order number.

(b) in box 16, one or several of the CN codes listed in Annex I;

(c)

in box 20, the order number of the quota and one of the
entries provided for in Annex II.

Article 6

1.
Import rights shall be awarded starting from the seventh
and no later than the sixteenth working day following the end
of the period for the notifications referred to in Article 5(3).

Article 9

By way of derogation from Article 9(1) of Regulation (EC) No
1291/2000,
issued
pursuant to this Regulation shall not be transferable.

rights deriving from import

licences

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 5(2) of this Regu-
lation shall be released proportionally without delay.

Article 10

Imported animals shall be monitored in accordance with
1.
Article 82 of Regulation (EEC) No 2913/92 to ensure that they
are not slaughtered within four months of their release for free
circulation.

Article 7

1.
The release for free circulation of the quantities awarded
under the quotas referred to in Annex I is subject to the presen-
tation of an import licence.

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

Article 8

Import licence applications shall be submitted solely in the
1.
Member State where the applicant has applied and obtained
import rights under the quotas referred to in Annex I.

2.
In order to ensure that the obligation not to slaughter
imported animals referred to in paragraph 1 is fulfilled and
that unpaid duties are collected where that obligation is not
complied with,
lodge a security with the
shall
competent customs authorities. The security shall be equal to
the difference between the customs duties laid down in the
Common Customs Tariff and the duties referred to in Annex
I applicable on the date of release for free circulation of the
animals in question.

importers

The securities provided for

3.
in paragraph 2 shall be
released immediately where proof is presented to the customs
authorities concerned that the animals:

(a) have not been slaughtered within the four months following

the date of their release for free circulation; or

Each issue of an import licence shall result in a corresponding
reduction of the import rights obtained and the security lodged
in accordance with Article 5(2) shall be released proportionally
without delay.

(b) they have been slaughtered within that period for reasons of
force majeure or for health reasons or have died of disease or
as a result of an accident.

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Regulation (EC) No 1081/1999 is repealed.

Article 11

Article 12

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

However, Article 11 shall apply from 1 July 2007.

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

Done at Brussels, 14 June 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Quota volume
(head of cattle)

Customs duty

710

6 %

711

4 %

ANNEX I

Import tariff quotas referred to in Article 1

Order No

CN code

Taric codes

Description

Cows and heifers other
than for
slaughter of the following mountain
yellow and
breeds:
mottled
and
breeds
Pinzgau breed

grey, brown,
Simmental

Bulls, cows and heifers other than for
the following breeds:
slaughter of
mottled
and
Schwyz and Fribourg breeds

Simmental

breed

09.4196

ex 0102 90 05

ex 0102 90 29

ex 0102 90 49

ex 0102 90 59

ex 0102 90 69

09.4197

ex 0102 90 05

ex 0102 90 29

ex 0102 90 49

ex 0102 90 59

ex 0102 90 69

ex 0102 90 79

0102 90 05*20
*40

0102 90 29*20
*40

0102 90 49*20
*40

0102 90 59*11
*19
*31
*39

0102 90 69*10
*30

0102 90 05*30
*40
*50

0102 90 29*30
*40
*50

0102 90 49*30
*40
*50

0102 90 59*21
*29
*31
*39

0102 90 69*20
*30

0102 90 79*21
*29

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ANNEX II

Entries referred to in Article 8(3)(c)

— in Bulgarian:

Алпийски и планински породи (Регламент (ЕО) № 659/2007) Година на внос: …

— in Spanish:

Razas alpinas y de montaña [Reglamento (CE) no 659/2007], año de importación: …

— in Czech:

— in Danish:

— in German:

alpská a horská plemena (nařízení (ES) č. 659/2007), rok dovozu: …

Alpine racer og bjergracer (forordning (EF) nr. 659/2007), importår: …

Höhenrassen (Verordnung (EG) Nr. 659/2007), Einfuhrjahr: …

— in Estonian:

Alpi tõugu ja mägitõugu (määrus (EÜ) nr 659/2007), impordi aasta: …

— in Greek:

— in English:

— in French:

— in Italian:

— in Latvian:

Αλπικές και ορεσίβιες φυλές [κανονισμός (ΕΚ) αριθ. 659/2007], έτος εισαγωγής: …

Alpine and mountain breeds (Regulation (EC) No 659/2007), Year of import: …

Races alpines et de montagne [règlement (CE) no 659/2007], année d'importation: …

Razze alpine e di montagna [regolamento (CE) n. 659/2007], anno d'importazione: …

Alpīno un kalnu šķirņu dzīvnieki (Regula (EK) Nr. 659/2007), importa gads: …

— in Lithuanian:

Aukštikalnių ir kalnų veislės (Reglamentas (EB) Nr. 659/2007), importo metai: …

— in Hungarian:

alpesi és hegyi fajtájú (659/2007/EK rendelet), behozatal éve: …

— in Maltese:

— in Dutch:

— in Polish:

Razez Alpini u tal-muntanja (Ir-Regolament
tazzjoni: …

(KE) Nru 659/2007),

is-Sena ta'

l-impor-

Bergrassen (Verordening (EG) nr. 659/2007), invoerjaar: …

Rasy alpejskie i górskie (rozporządzenie (WE) nr 659/2007), rok przywozu: …

— in Portuguese:

Raças alpinas e de montanha [Regulamento (CE) n.o 659/2007], ano de importação: …

— in Romanian:

Rase alpine și montane [Regulamentul (CE) nr. 659/2007], anul de import: …

— in Slovak:

Alpské a horské plemená [nariadenie (ES) č. 659/2007], Rok vývozu: …

— in Slovenian:

Alpske in gorske pasme (Uredba (ES) št. 659/2007), leto uvoza: …

— in Finnish:

— in Swedish:

Alppi- ja vuoristorotuja (Asetus (EY) N:o 659/2007), tuontivuosi: …

Alp- och bergraser (förordning (EG) nr 659/2007), importår: …