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Published by: eurolex on Nov 27, 2010
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COMMISSION REGULATION (EC) No 1201/2004of 29 June 2004opening and providing for the administration of a tariff quota for calves weighing not more than 80kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)
Having regard to the Treaty establishing the EuropeanCommunity,Having regard to Council Regulation (EC) No 1254/1999 of 17May 1999 on the common organisation of the market in beef and veal(
) and in particular Article 32(1) thereof,Whereas,
Council Decision 2003/18/EC of 19 December 2002concerning the conclusion of a Protocol adjusting thetrade aspects of the Europe Agreement establishing anassociation between the European Communities andtheir Member States, of the one part, and Romania, of the other part, to take account of the outcome of nego-tiations between the Parties on new mutual agriculturalconcessions(
) and Council Decision 2003/286/EC of 8April 2003 concerning the conclusion of a Protocoladjusting the trade aspects of the Europe Agreementestablishing an association between the EuropeanCommunities and their Member States, of the one part,and Bulgaria, of the other part, to take account of theoutcome of negotiations between the Parties on new mutual agricultural concession(
), provide for theopening of certain tariff quotas each year, namely for 178 000 live bovine animals weighing not more than80 kilograms (order number 09.4598) and originatingin certain third countries including Bulgaria andRomania, subject to certain conditions set out in theAnnexes A(b) of the respective Protocols of theseDecisions. Detailed rules of application for this tariff quota were adopted by Commission Regulation (EC)No 1128/1999 of 28 May 1999 laying down detailedrules of application for a tariff quota for calves weighingnot more than 80 kilograms originating in certain thirdcountries(
To take into account the accession of the CzechRepublic, Estonia, Latvia, Lithuania, Hungary, Polandand Slovakia, beneficiaries of this tariff quota togethewith Bulgaria and Romania, and the accession of Cyprus, Malta and Slovenia and pending the results of the negotiations of new tariff concessions for Bulgariaand Romania, it is appropriate to lay down in thedetailed rules for the management of this tariff quotathat for the period 1 July 2004 to 30 June 2005 theavailable quantity should be staggered over the year in asuitable manner within the meaning of Article 32(4) of Regulation (EC) No 1254/1999.
To take into account the traditional trade patternsbetween the Community and Bulgaria and Romania,quantities should be fixed for three periods taking intoaccount supplies in the reference period 1 July 2000 to30 June 2003 of live animals originating in Bulgaria andRomania. Once the ongoing negotiations on additionalprotocols to the respective Europe Agreements with thesetwo countries have been finalised and ratified, nemanagement rules will be implemented at the date of entry into force of the new concessions.
In order to provide a more equal access to the quotawhile ensuring a commercially viable number of animals per application, each application of importlicences should respect a minimum and a maximumnumber of heads.
With a view to preventing speculation, the quantitiesavailable within the quota should be made accessible tooperators able to show that they are genuinely engagedin import of a significant scale from third countries. Inconsideration of this and in order to ensure efficientmanagement, the traders concerned should be requiredto have imported a minimum of 100 animals during theyear 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 fromcountries which for them were third countries during theyear 2003.
L 230/12 Official Journal of the European Union 30.6.2004
) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).(
) OJ L 8, 14.1.2003, p. 18.(
) OJ L 102, 24.4.2003, p. 60.(
) OJ L 135, 29.5.1999, p. 50. Regulation as last amended by Regu-lation (EC) No 1144/2003 (OJ L 160, 28.6.2003, p. 44).
If such criteria are to be checked, applications must bepresented in the Member State where the importer isentered in a VAT register.
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 andlicences should not be transferable.
Provision should be made for quantities for which licenceapplications may be requested to be allocated after aperiod of consideration and, where appropriate, once auniform percentage reduction has been applied.
The arrangements should be managed using importlicences. To this end, rules should be laid down on thesubmission of applications and the information to begiven 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 appli-cation for import and export licences in the beef and vealsector and repealing Regulation (EEC) No 2377/80(
)and of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for theapplication of the system of import and export licencesand advance fixing certificates for agriculturalproducts(
Experience shows that a proper management of thequota also requires that the titular holder of the licenceis a genuine importer. Therefore, such importer shouldactively participate in the purchase, transport and importof the animals concerned. Presentation of proof of thoseactivities should thus also be a primary requirement withregard to the licence security.
With a view to ensuring a strict statistical control of theanimals imported under the quota, the tolerance referredto in Article 8(4) of Regulation (EC) No 1291/2000 shallnot apply.
Regulation (EC) No 1128/99 should be subsequently repealed and replaced by this Regulation.
Whereas the measures provided for in this Regulation arein accordance with the opinion of the ManagementCommittee for Beef and Veal,
Article 1
1. 178 000 live bovine animals of a weight not exceeding 80kg falling within CN code 0102 90 05 and originating inBulgaria or Romania may be imported for the period 1 July 2004 to 30 June 2005 under this Regulation subject to any reductions negotiated subsequently between the Community and these countries.The tariff quota shall have the order number 09.4598.2. The rate of customs duty shall be reduced by 90%.3. The quantities referred to under paragraph 1 shall bestaggered over the period referred to in that paragraph asfollows:a) 5 000 live bovine animals for the period 1 July 2004 to 31December 2004;b) 86 500 live animals for the period 1 January 2005 to 31Mars 2005;c) 86 500 live animals for the period 1 April 2005 to 30 June2005.4. If, during one of the periods mentioned under paragraph3(a) and (b), the quantity covered by licence applicationssubmitted for each of these periods is less than the quantity available for the period in question, the remaining quantity of that period will be added to the quantity available for thefollowing period.
30.6.2004 Official Journal of the European Union L 230/13
) OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regu-lation (EC) No 360/2004 (OJ L 63, 28.2.2004, p. 13).(
) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-lation (EC) No 636/2004 (OJ L 47, 6.4.2004, p. 25).
Article 2
1. To be eligible under the quota provided for in Article 1,applicants must be natural or legal persons and must prove tothe satisfaction of the competent authorities of the Member State concerned, at the time they submit their applications for import licences, that they have imported at least 100 animalscovered by HS subheading 0102 90 during the year 2003.Applicants must be listed in a national VAT register.2. Operators in the Czech Republic, Estonia, Cyprus, Latvia,Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia may apply for import licences on the basis of the imports referred toin paragraph 1 from countries which for them were thirdcountries in the year 2003.3. Proof of import shall be furnished exclusively by means of the customs document of release for free circulation, duly endorsed by the customs authorities and containing areference to the applicant concerned as being the consignee.Member States may accept copies of the documents referred toin the first subparagraph, duly certified by the competentauthority. Where such copies are accepted, notification hereof shall be made in the communication from Member Statesreferred to in Article 3(5) in respect of each applicantconcerned.4. Operators who at 1 January 2004 have ceased their activities in trade with third countries in the beef and vealsector shall not qualify for any application.5. A company formed by the merger of companies eachhaving reference imports complying with the minimumquantity referred to in paragraph 1 may use those referenceimports as a basis for its application.
Article 3
1. Applications for import licences may be submitted only inthe Member State in which the applicant is registered for VATpurposes.2. Applications for import licences per each period referredto in Article 1(3):a) must cover at least 100 animals;b) may not cover more than 5% of the quantity available.Where applications exceed the quantity referred to in theprevious subparagraph, point (b), the excess shall be disre-garded.3. Applications for import licences shall be submitted duringthe first 10 working days of each period referred in Article 1(3).However, application for the first period shall be submitted nolater than the second Thursday following the publication of thisRegulation in the
Official Journal of the European Union
.4. Applicants may lodge no more than one application eachper period referred to in Article 1(3). Where the same applicantlodges more than one application, all applications from thatapplicant shall be inadmissible.5. After verification of the documents presented, Member States shall forward to the Commission, by the fifth workingday following the end of the period for the submission of applications at the latest, the list of applicants and theiaddresses as well as the quantities applied for.All notifications, including nil returns, shall be forwarded by faxor e-mail using the model form in Annex I in cases whereapplications have actually been submitted.
Article 4
1. Following the notification referred to in Article 3(5), theCommission shall decide as soon as possible to which extentthe applications can be met.2. If the quantities covered by applications as referred to inArticle 3 exceed those available for the period in question, theCommission shall fix a single percentage reduction to beapplied to the quantities applied for.Where application of the reduction coefficient provided for inthe first subparagraph gives a figure of less than 100 head per application, the quantity available shall be awarded by theMember States concerned by drawing lots for import rightscovering 100 head each. Where the remainder lot is less than100 head it shall be considered a single lot.
L 230/14 Official Journal of the European Union 30.6.2004

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