Article 11.178000 live bovine animals of a weight not exceeding 80 kg falling within CN code 01029005 and originating in Bulgaria 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 be staggered over the period referred to in that paragraph as follows:a)5000 live bovine animals for the period 1 July 2004 to 31 December 2004;b)86500 live animals for the period 1 January 2005 to 31 Mars 2005;c)86500 live animals for the period 1 April 2005 to 30 June 2005.4.If, during one of the periods mentioned under paragraph 3(a) and (b), the quantity covered by licence applications submitted 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 the following period.

Article 21.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 for import licences, that they have imported at least 100 animals covered 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 to in paragraph 1 from countries which for them were third countries 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 a reference to the applicant concerned as being the consignee.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.4.Operators who at 1 January 2004 have ceased their activities in trade with third countries in the beef and veal sector shall not qualify for any application.5.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 31.Applications for import licences may be submitted only in the Member State in which the applicant is registered for VAT purposes.2.Applications for import licences per each period referred to 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 the previous subparagraph, point (b), the excess shall be disregarded.3.Applications for import licences shall be submitted during the first 10 working days of each period referred in Article 1(3). However, application for the first period shall be submitted no later than the second Thursday following the publication of this Regulation in the Official Journal of the European Union.4.Applicants may lodge no more than one application each per period referred to in Article 1(3). 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 fifth 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 41.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 for the period in question, the Commission shall fix a single percentage reduction 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 100 head per application, the quantity available shall be awarded by the Member States concerned by drawing lots for import rights covering 100 head each. Where the remainder lot is less than 100 head it shall be considered a single lot.3.Licences shall be issued as soon as possible subject to the Commission's decision regarding acceptance of the applications.

Article 51.Import licences shall be issued on the name of the operator who submitted the application.2.Licence applications and licences shall show the following:a)in box 8, the country of origin;b)in box 16, the following Combined Nomenclature code: 01029005;c)in box 20, the order number of the quota (09.4598) and at least one of the mentions provided for in Annex II.Licences shall carry with them an obligation to import from the country referred to in point (a).

Article 61.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.By way of derogation from Article 3 of Regulation (EC) No 1445/95 the validity for import licences issued under Article 1(3)(a) shall be 150 days. No import licences shall be valid after 30 June 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 bill of lading or, where applicable, the road or air transport document, drawn up in the name of the titular holder, for the animals concerned;c)copy No 8 of form IM 4 with the name and address of the titular holder being the only indication in box 8.

Article 7Imported animals shall qualify for the duties referred to in Article 1 on presentation of either an EUR.1 movement certificate issued by the exporting country in accordance with Protocol 4 annexed to the Europe Agreements with Bulgaria and Romania or an invoice declaration drawn up by the exporter in accordance with those Protocols.

Article 8Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply, subject to this Regulation.

Article 9Regulation (EC) No 1128/1999 is repealed. Applications for import rights which could have been submitted pursuant to Regulation (EC) No 1128/1999 are automatically rejected.

Article 10This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 29 June 2004.For the CommissionFranz FischlerMember of the CommissionANNEX IEC Fax (32 2) 299 85 70E-mail: AGRI-Bovins-Import@cec.eu.intApplication of Regulation (EC) No 1201/2004Order No: 09.4598 32004R1201_en_img_1

ANNEX IIMentions provided for in Article 5(2)(c)—in SpanishReglamento (CE) no 1201/2004—in CzechNařízení (ES) č. 1201/2004—in DanishForordning (EF) nr 1201/2004—in GermanVerordnung (EG) Nr. 1201/2004—in EstonianMäärus (EÜ) nr 1201/2004—in GreekΚανονισμός (ΕΚ) αριθ. 1201/2004—in EnglishRegulation (EC) No 1201/2004—in FrenchRèglement (CE) no 1201/2004—in ItalianRegolamento (CE) n. 1201/2004—in LatvianRegula (EK) Nr. 1201/2004—in LithuanianReglamentas (EB) Nr. 1201/2004—in HungarianAz 1201/2004/EK rendelet—in DutchVerordening (EG) nr. 1201/2004—in PolishRozporządzenie (WE) nr 1201/2004—in PortugueseRegulamento (CE) n.o 1201/2004—in SlovakianNariadenie (ES) č. 1201/2004—in SlovenianUredba (ES) št. 1201/2004—in FinnishAsetus (EY) N:o 1201/2004—in SwedishFörordning (EG) nr 1201/2004

Amendments and corrections
February 6, 2009	Obsolete See JO C 30/2009 P 18
July 1, 2004	Entry into force - Date pub. + 1 See Art 10

Commission Regulation (EC) No 1201/2004 of 29 June 2004 opening and providing for the administration of a tariff quota for calves weighing not more than 80 kilograms and originating in Bulgaria or Romania (1 July 2004 to 30 June 2005)