Commission Regulation (EC) No 1204/2004 of 29 June 2004 opening and providing for the administration of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)

30.6.2004 EN Official Journal of the European Union L 230/32
COMMISSION REGULATION (EC) No 1204/2004
of 29 June 2004
opening and providing for the administration of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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) Council Decision 2003/18/EC of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (2) and Council Decision 2003/286/EC of 8 April 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (3) provide for the opening of certain tariff quotas each year, namely for 153 000 live bovine animals weighing from 80 to 300 kilograms (order number 09.4537) and originating in certain third countries including Bulgaria and Romania, subject to certain conditions set out in Annexes A(b) to the respective Protocols of these Decisions. Detailed rules of application for this tariff quota were adopted by Commission Regulation (EC) No 1247/1999 of 16 June 1999 laying down detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to 300 kilograms and originating in certain third countries (4).
(2) To take into account the accession of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia, beneficiaries of this tariff quota together with Bulgaria and Romania, and the accession of Cyprus, Malta and Slovenia and pending the results of the negotiations of new tariff concessions for Bulgaria and Romania, it is appropriate to lay down in the detailed rules for the management of this tariff quota that for the period 1 July 2004 to 30 June 2005 the available quantity should be staggered over the year in a suitable manner within the meaning of Article 32(4) of Regulation (EC) No 1254/1999 for the benefit of Bulgaria and Romania.
(3) To take into account the traditional trade patterns between the Community and Bulgaria and Romania, quantities should be fixed for three periods taking into account supplies in the reference period 1 July 2000 to 30 June 2003 of live animals originating in Bulgaria and Romania. Once the ongoing negotiations on additional protocols to the respective Europe Agreements with these two countries have been finalised and ratified, new management rules will be implemented at the date of entry into force of the new concessions.
(4) In order to provide a more equal access to the quota while ensuring a commercially viable number of animals per application, each application of import licences should respect a minimum and a maximum number of heads.
(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 100 animals during the year 2003 given that a consignment of 100 animals may be considered to be a commercial viable consignment. Operators in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia should be allowed to apply on the basis of imports from countries which for them were third countries during the year 2003.
(6) If such criteria are to be checked, applications must be presented in the Member State where the importer is entered in a VAT register.
(7) In order to prevent speculation, importers no longer involved in trade in live bovine animals at 1 January 2004 should be denied access to the quota and licences should not be transferable.
(8) 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 percentage reduction has been applied.
(9) 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 of 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 for the application of the system of import and export licences and advance fixing certificates for agricultural products (6).
(10) 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.
(11) With a view of 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 shall not apply.
(12) Regulation (EC) No 1247/1999 should be subsequently repealed and replaced by this Regulation.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,