Commission Regulation (EC) No 1267/2008 of 12 December 2008 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: 2008-12-12
Institutions: European Commission
Subjects: Switzerland, cattle, import, live animal, tariff quota, trade agreement (EU)

17.12.2008

EN

Official Journal of the European Union

L 338/37

COMMISSION REGULATION (EC) No 1267/2008

of 12 December 2008

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,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 144(1) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

8

of Commission Regulation

(EC) No
Article
2172/2005 (2) provides
that 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 by a system
licences (3) applies to Regulation (EC) No
of
2172/2005, save where otherwise provided.

import

for

import

second

In accordance with the
subparagraph of
Article 3(2) of Regulation (EC) No 2172/2005, where
applications
the
quantity available under the quota, the excess has to be
disregarded. It is appropriate to delete that provision in
order to align the provisions in Regulation (EC) No
2172/2005 to those in Article 6(5) of Regulation (EC)
No 1301/2006.

exceed 5 % of

rights

Article 4(1) of Regulation (EC) No 2172/2005 provides
that, following the notification by the Member States of
the quantities applied for import rights, the Commission
has to decide as soon as possible to which extent those
applications can be met. Article 7(2) of Regulation (EC)
No 1301/2006 provides that an allocation coefficient
should only be fixed in cases where the quantities
covered by applications exceed the quantities available
for the import tariff quota period. Regulation (EC) No
1301/2006 being a horizontal Regulation, the current
provision of Article 4(1) of Regulation (EC) No
2172/2005 should therefore be deleted. Moreover, it is
necessary to lay down the time period within which
import rights should be awarded.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 346, 29.12.2005, p. 10.
(3) OJ L 238, 1.9.2006, p. 13.

For cases where such allocation coefficient is fixed, it is
necessary to specify that the securities lodged together
with the applications for import rights under Regulation
(EC) No 2172/2005 should then be released propor­
tionally.

licence has

The second subparagraph of Article 6(2) of Regulation
(EC) No 2172/2005 provides that each issuing of an
corresponding
to result
import
reduction of the import rights obtained. It is appropriate
to specify that when issuing an import
licence the
security lodged together with the application for import
rights should then be released proportionally.

in a

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 the Common Organisation of Agricultural
Markets,

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

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

1. the second subparagraph of Article 3(2) is deleted;

2. Article 4 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
Import rights shall be awarded as from the seventh
and no later than the 16th working day following the
end of the period for the notifications referred to in the
first subparagraph of Article 3(5).’;

(b) the following paragraph 3 is added:

‘3. Where application of paragraph 2 results in fewer
import rights to be allocated than had been applied for,
the security lodged in accordance with Article 5(1) shall
be released proportionally without delay.’;

L 338/38

EN

Official Journal of the European Union

17.12.2008

3.

in Article 6(2), the second subparagraph is replaced by the following:

‘Each issuing of import licences shall result in a corresponding reduction of the import rights obtained
and the security lodged in accordance with Article 5(1) shall be released proportionally without delay.’

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

Article 2

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

Done at Brussels, 12 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission