Commission Regulation (EC) No 1218/2005 of 28 July 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 Council Regulation (EC) No 1182/2005

• CELEX: Regulation (EC) No 1218/2005
• Articles: 11

Article 1

1.   A duty-free Community tariff quota is hereby opened on an autonomous and transitional basis for the period from the date of entry into force of the present Regulation until 31 December 2005 for the import of 2 300 heads of any live bovine animal originating in Switzerland weighing more than 160 kg, falling within CN code 0102 90 41 , 0102 90 49 , 0102 90 51 , 0102 90 59 , 0102 90 61 , 0102 90 69 , 0102 90 71 or 0102 90 79 .

This tariff quota shall have the order number 09.4203.

2.   The rules of origin applicable to the products referred to in paragraph 1 shall be those provided for in Article 4 of the Agreement.

Article 2

1.   To be eligible under the quota provided for in Article 1, applicants must be natural or legal persons and must prove to the satisfaction of the competent authorities of the Member State concerned, at the time they submit their applications, that they have imported at least 50 animals covered by CN codes 0102 10 and 0102 90 during the period 1 May 2004 to 30 April 2005.

Applicants must be listed in a national VAT register.

2.   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 a reference to the applicant concerned.

Member States may accept copies of the documents referred to in the first subparagraph, duly certified by the competent authority. Where such copies are accepted, notification hereof shall be made in the communication from Member States referred to in Article 3(5) in respect of each applicant concerned.

3.   Operators who at 1 January 2005 have ceased their activities in trade with third countries in the beef and veal sector shall not qualify for any allocation.

4.   A company formed by the merger of companies each having reference imports complying with the minimum quantity referred to in paragraph 1 may use those reference imports as a basis for its application.

Article 3

1.   Applications for import rights may be presented only in the Member State in which the applicant is registered for VAT purposes.

2.   Applications for import rights must cover at least 50 animals and may not cover more than 5 % of the quantity available.

Where applications exceed the percentage referred to in the first subparagraph, the excess shall be disregarded.

3.   Applications for import rights shall be lodged before 13:00, Brussels time, on the 10 th working day following the date of publication of this Regulation in the Official Journal of the European Union .

4.   Applicants may lodge no more than one application in respect of the quota referred to in Article 1(1). Where the same applicant lodges more than one application, all applications from that applicant shall be inadmissible.

5.   After verification of the documents presented, Member States shall forward to the Commission, by the 10th working day following the end of the period for the submission of applications at the latest, the list of applicants and their addresses as well as the quantities applied for.

All notifications, including ‘nil’ returns, shall be forwarded by fax or e-mail using the model form in Annex I in cases where applications have actually been submitted.

Article 4

1.   Following the notification referred to in Article 3 (5), the Commission shall decide as soon as possible to which extent the applications can be met.

2.   If the quantities covered by applications as referred to in Article 3 exceed those available, the Commission shall fix a single reduction coefficient to be applied to the quantities applied for.

Where application of the reduction coefficient provided for in the first subparagraph gives a figure of less than 50 head per application, the quantity available shall be awarded by the Member States concerned by drawing lots for import rights covering 50 head each. Where the remainder is less than 50 head, a single import right shall be awarded for that quantity.

Article 5

1.   The security relating to the import rights shall be EUR 3 per head. It must be lodged with the competent authority together with the application for import rights.

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

3.   Where application of the reduction coefficient referred to in Article 4(2) causes less import rights to be allocated than had been applied for, the security lodged shall be released proportionally without delay.

Article 6

1.   The quantities awarded shall be imported subject to presentation of one or more import licences.

2.   Licence applications may be lodged solely in the Member State where the applicant has applied and obtained import rights under the quota.

Each issuing of import licence shall result in a corresponding reduction of the import rights obtained.

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

4.   Licence applications and licences shall show the following:

(a)

in box 8, the country of origin;

(b)

in box 16, one or several of the following CN codes:

0102 90 41 , 0102 90 49 , 0102 90 51 , 0102 90 59 , 0102 90 61 , 0102 90 69 , 0102 90 71 or 0102 90 79 ;

(c)

in box 20, the order number of the quota (09.4203) and at least one of the entries listed in Annex II.

Licences shall carry with them an obligation to import from the country indicated in box 8.

Article 7

1.   Notwithstanding Article 9(1) of Regulation (EC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer rights under the tariff quotas only if made out in the same name and address as the one entered as consignee in the customs declaration of release for free circulation accompanying them.

2.   No import licences shall be valid after 31 December 2005.

3.   The security relating to the import licence shall be EUR 20 per head and shall be lodged by the applicant together with the licence application.

4.   Licences issued shall be valid throughout the Community.

5.   Pursuant to Article 50(1) of Regulation (EC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of acceptance of the customs declaration for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.

6.   Notwithstanding the provisions of Section 4 of Title III of Regulation (EC) No 1291/2000, the security shall not be released until proof has been produced 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. Such proof shall at least consist of:

(a)

the original commercial invoice or 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;

(b)

the transport document, drawn up in the name of the titular holder, for the animals concerned;

(c)

proof that the goods have been declared for release for free circulation with the indication of the name and address of the titular holder as consignee.

Article 8

Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply, subject to this Regulation.

Article 9

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

It shall apply as of the date of entry into force of Regulation (EC) No 1182/2005.

Schedules & Appendices

ANNEX I

ANNEX I

EC Fax [phone]

E-mail: [email protected]

Text of image

Application of Regulation (EC) No 1218/2005

Order No: 09.4203

COMMISSION OF THE EUROPEAN COMMUNITIES DG AGRI D.2 — IMPLEMENTATION OF

MARKET MEASURES

APPLICATION FOR IMPORT RIGHTS

Date:

Quota period:

Member State:

Number of applicant ( 1 ) ( 2 )

Applicant (name and address)

Quantity (Heads)

Total

Member State:

Fax No:

Tel. No:

E-mail:

( 1 ) Continuous numbering.

( 2 ) Indicate with an asterix where application is made in accordance with the second subparagraph of Article 2(2).

ANNEX II

ANNEX II

Entries referred to in Article 6(4)(c)

—

In Spanish

:

Reglamento (CE) n o 1218/2005

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In Czech

:

Nařízení (ES) č. 1218/2005

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In Danish

:

Forordning (EF) nr. 1218/2005

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In German

:

Verordnung (EG) Nr. 1218/2005

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In Estonian

:

Määrus (EÜ) nr 1218/2005

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In Greek

:

Κανονισμός (ΕΚ) αριθ. 1218/2005

—

In English

:

Regulation (EC) No 1218/2005

—

In French

:

Règlement (CE) n o 1218/2005

—

In Italian

:

Regolamento (CE) n. 1218/2005

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In Latvian

:

Regula (EK) Nr. 1218/2005

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In Lithuanian

:

Reglamentas (EB) Nr. 1218/2005

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In Hungarian

:

1218/2005/EK rendelet

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In Dutch

:

Verordening (EG) nr. 1218/2005

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In Polish

:

Rozporządzenie (WE) nr 1218/2005

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In Portuguese

:

Regulamento (CE) n. o 1218/2005

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In Slovakian

:

Nariadenie (ES) č. 1218/2005

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In Slovenian

:

Uredba (ES) št. 1218/2005

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In Finnish

:

Asetus (EY) N:o 1218/2005

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In Swedish

:

Förordning (EG) nr 1218/2005