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19.12.2012 Official
Journal
of
the
European
Union L
349/39
COMMISSION IMPLEMENTING REGULATION (EU) No 1223/2012
of 18 December 2012
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
(codification)
THE EUROPEAN COMMISSION,
should be required to have imported a minimum of 50
animals during the year previous to the annual quota
period in question, given that a consignment of 50
Having regard to the Treaty on the Functioning of the European
animals may be considered to be a normal load.
Union,
Experience has shown that the purchase of a single
consignment is a minimum requirement for a transaction
Having regard to Council Regulation (EC) No 1234/2007 of
to be considered real and viable.
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(6) A
security
should
be
fixed
for
import
rights,
licences
cultural products (Single CMO Regulation) ( 1 ), and in particular
should not be transferable and import licences should
Article 144(1) in conjunction with Article 4 thereof,
be issued to traders solely for the quantities for which
they have been allocated import rights.
Whereas:
(7) To
provide
a
more
equal
access
to
the
tariff
quota
while
ensuring a commercially viable number of animals per
(1) Commission
Regulation
(EC)
No
2172/2005 of
application, maximum and minimum limits should be
23 December 2005 laying down detailed rules for the
fixed for the number of animals covered by each appli
application of an import tariff quota for live bovine
cation.
animals of a weight exceeding 160 kg and originating
in Switzerland provided for in the Agreement between
the European Community and the Swiss Confederation
(8) It
should
be
established
that
import
rights
are
to
be
on trade in agricultural products (
allocated after a reflection period and where necessary

2 ) has been substantially
amended several times (
with a fixed allocation coefficient applied.

3 ). In the interests of clarity and
rationality the said Regulation should be codified.
(9) Pursuant
to
Article
130
of
Regulation
(EC)
No
1234/2007, the arrangements have to be managed
(2) The
Agreement
between
the
European
Community
and
the Swiss Confederation on trade in agricultural prod
using import licences. To this end, rules should be laid
ucts (
down on the submission of applications and the

4 ) (‘the Agreement’) provides for the opening of a
duty-free Union tariff quota for the import of 4 600 live
information to be given on applications and licences,
bovine animals weighing more than 160 kg and orig
where necessary in addition to or by way of derogation
inating in Switzerland. Detailed rules should be adopted
from certain provisions of Commission Regulation (EC)
for the opening and administration of this tariff quota on
No 1301/2006 of 31 August 2006 laying down
an annual basis.
common rules for the administration of import tariff

quotas for agricultural products managed by a system
of import licences ( 5 ), Commission Regulation (EC) No
(3) For
the
allocation
of
that
tariff
quota
and
given
the
376/2008 of 23 April 2008 laying down common
products concerned it is appropriate to apply the
detailed rules for the application of the system of
method of simultaneous examination referred to in
import and export licences and advance fixing certificates
Article 144(2)(b) of Regulation (EC) No 1234/2007.
for agricultural products ( 6 ) and Commission Regulation
(EC) No 382/2008 of 21 April 2008 on rules of appli
cation for import and export licences in the beef and veal
(4) To
be
eligible
for
the
benefit
of
that
tariff
quota,
the
live
sector ( 7 ).
animals should originate in Switzerland in conformity
with the rules referred to in Article 4 of the Agreement.
(10) To oblige operators to apply for import licences for all
import rights allocated, it should be established that the
(5) With
a
view
to
preventing
speculation,
the
quantities
application should constitute, with regard to the import
available within the tariff quota should be made
rights security, a primary requirement within the
accessible to operators able to show that they are
meaning of Commission Implementing Regulation (EU)
genuinely engaged in trade of a significant scale with
No 282/2012 of 28 March 2012 laying down common
third countries. In consideration of this and in order to
detailed rules for the application of the system of
ensure efficient management, the traders concerned
securities for agricultural products ( 8 ).
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 5 ) OJ L 238, 1.9.2006, p. 13.
( 2 ) OJ L 346, 29.12.2005, p. 10.
( 6 ) OJ L 114, 26.4.2008, p. 3.
( 3 ) See Annex II.
( 7 ) OJ L 115, 29.4.2008, p. 10.
( 4 ) OJ L 114, 30.4.2002, p. 132.
( 8 ) OJ L 92, 30.3.2012, p. 4.

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L 349/40
EN
Official Journal of the European Union
19.12.2012
(11) Experience
shows
that
a
proper
management
of
the
tariff
3. After
verification
of
the
documents
presented,
Member
quota also requires that the titular holder of the licence is
States shall notify the Commission, by the tenth working day
a genuine importer. Therefore, such importer should
following the end of the period for the submission of appli
actively participate in the purchase, transport and
cations at the latest, of the total quantities applied for.
import of the animals concerned. Presentation of proof
of those activities should thus also be a primary
Notwithstanding Article 6(3) of Regulation (EC) No 1301/2006,
requirement with regard to the licence security.
Article 11 of that Regulation shall apply.
(12) With a view to ensuring a strict statistical control of the
Article 4
animals imported under this tariff quota, the tolerance
referred to in Article 7(4) of Regulation (EC) No
1. Import
rights
shall
be
awarded
as
from
the
seventh
and
376/2008 should not apply.
no later than the sixteenth working day following the end of
the period for the notifications referred to in the first
subparagraph of Article 3(3).
(13) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
2. Where
the
application
of
the
allocation
coefficient
referred
Markets,
to in Article 7(2) of Regulation (EC) No 1301/2006 gives a

figure of less than 50 head per application, the quantity
available shall be awarded by the Member States concerned
HAS ADOPTED THIS REGULATION:
by drawing lots for import rights covering 50 head each.
Where the remainder is less than 50 head, a single import
Article 1
right shall be awarded for that quantity.
1. A
duty-free
Union
import
tariff
quota
is
opened
every
year
for periods from 1 January to 31 December for the import of
3. Where
the
application
of
paragraph
2
results
in
fewer
4 600 live bovine animals originating in Switzerland weighing
import rights to be allocated than had been applied for, the
more than 160 kg, falling within CN codes 0102 29 41,
security lodged in accordance with Article 5(1) shall be released
0102
29
49, 0102
29
51, 0102
29
59, 0102
29
61, proportionally without delay.
0102 29 69, 0102 29 91, 0102 29 99, ex 0102 39 10 of a
weight exceeding 160 kg or ex 0102 90 91 of a weight
Article 5
exceeding 160 kg.
1. The
security
relating
to
the
import
rights
shall
be
EUR
3
per head. It must be lodged with the competent authority
That tariff quota shall have the order number 09.4203.
together with the application for import rights.
2. The
rules
of
origin
applicable
to
the
products
referred
to 2. Import
licence
applications
must
be
made
for
the
quantity
in paragraph 1 shall be those provided for in Article 4 of the
allocated. This obligation shall constitute a primary requirement
Agreement between the European Community and the Swiss
within the meaning of Article 19(2) of Implementing Regu
Confederation on trade in agricultural products.
lation (EU) No 282/2012.
Article 2
3. Where
the
application
of
the
allocation
coefficient
referred
to in Article 4(2) causes less import rights to be allocated than
1. For the purposes of Article 5 of Regulation (EC) No
had been applied for, the security lodged shall be released
1301/2006, engagement in trade with third countries as
proportionally without delay.
referred to in that Article shall mean that applicants have
imported at least 50 animals covered by CN code 0102.
Article 6
Member States may accept as proof of trade with third
1. The
quantities
awarded
shall
be
imported
subject
to
pres
countries copies of the documents referred to in the second
entation of one or more import licences.
paragraph of Article 5 of Regulation (EC) No 1301/2006,
duly certified by the competent authority.
2. Licence
applications
may
be
lodged
solely
in
the
Member
State where the applicant has applied for and obtained import
rights under the tariff quota.
2. 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
Each issuing of import licences shall result in a corresponding
imports as a basis for its application.
reduction of the import rights obtained and the security lodged
in accordance with Article 5(1) shall be released proportionally
without delay.
Article 3
1. Applications
for
import
rights
must
cover
at
least
50
3. Import
licences
shall
be
issued
on
application
by
and
in
animals and may not cover more than 5 % of the quantity
the name of the operator who has obtained the import rights.
available.
4. Licence
applications
and
licences
shall
show
the
following:
2. Applications
for
import
rights
shall
be
lodged
at
the
latest
before 13.00, Brussels time, on 1 December preceding the
(a) in box 8, the country of origin and the mention ‘yes’ is
annual quota period in question.
marked by a cross;

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EN
19.12.2012 Official
Journal
of
the
European
Union L
349/41
(b) in box 16, one or several of the following CN codes:
(c) proof that the goods have been declared for release for free
circulation with the indication of the name and address of
0102 29 41, 0102 29 49, 0102 29 51, 0102 29 59,
the titular holder as consignee.
0102 29 61, 0102 29 69, 0102 29 91, 0102 29 99,
ex 0102 39 10 of a weight exceeding 160 kg or
Article 8
ex 0102 90 91 of a weight exceeding 160 kg;
Regulations (EC) No 1301/2006, (EC) No 376/2008 and (EC)
(c) in box 20, the order number of the tariff quota (09.4203)
No 382/2008 shall apply, subject to this Regulation.
and at least one of the entries listed in Annex I.
Article 9
Licences shall carry with them an obligation to import from
Switzerland.
1. By
way
of
derogation
from
the
second
subparagraph
of
Article 11(1) of Regulation (EC) No 1301/2006, Member States
Article 7
shall notify to the Commission:
1. By
way
of
derogation
from
Article
8(1)
of
Regulation
(EC)
(a) no later than 28 February following the end of each import
No 376/2008, import licences issued pursuant to this Regu
tariff quota period, the quantities of products, including nil
lation shall not be transferable.
returns, for which import licences were issued in the
previous import tariff quota period;
2. The
grant
of
the
import
licence
shall
be
conditional
on
the
lodging of a security of EUR 20 per head which shall be
(b) no later than 30 April following the end of each import
composed of:
tariff quota period, the quantities of products, including nil
returns, covered by unused or partly used import licences
(a) the security of EUR 3 referred to in Article 5(1); and
and corresponding to the difference between the quantities
entered on the back of the import licences and the quan
(b) an amount of EUR 17 which the applicant shall lodge
tities for which they were issued.
together with the licence application.
2. No
later
than
30
April
following
the
end
of
each
import
3. Pursuant to Article 48(1) of Regulation (EC) No tariff quota period, Member States shall forward to the
376/2008, the full Common Customs Tariff duty applicable
Commission details of the quantities of products put into free
on the date of acceptance of the customs declaration for free
circulation in accordance with Article 4 of Regulation (EC) No
circulation shall be collected in respect of all quantities
1301/2006.
imported in excess of those shown on the import licence.
4. Notwithstanding
the
provisions
of
Section
4
of
Chapter
III 3. For
the
notifications
referred
to
in
paragraphs
1
and
2,
the
of Regulation (EC) No 376/2008, the security shall not be
quantities shall be expressed in heads and per product category
released until proof has been produced that the titular holder
as indicated in Annex V to Regulation (EC) No 382/2008.
of the licence has been commercially and logistically responsible
for the purchase, transport and clearance for free circulation of
Article 10
the animals concerned. Such proof shall at least consist of:
Regulation (EC) No 2172/2005 is repealed.
(a) the original commercial invoice or authenticated copy made
References to the repealed Regulation shall be construed as
out in the name of the titular holder by the seller or his
references to this Regulation and shall be read in accordance
representative, both established in Switzerland, and proof of
with the correlation table in Annex III.
payment by the titular holder or the opening by the titular
holder of an irrevocable documentary credit in favour of the
Article 11
seller;
This Regulation shall enter into force on the twentieth day
(b) the transport document, drawn up in the name of the titular
following that of its publication in the Official Journal of the
holder, for the animals concerned;
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2012.
For the Commission
The President
José Manuel BARROSO

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L 349/42
EN
Official Journal of the European Union
19.12.2012
ANNEX I
Entries referred to in Article 6(4)(c)
— in Bulgarian:
Регламент за изпълнение (ЕC) № 1223/2012
— in Spanish: Reglamento
de
Ejecución
(UE)
n o 1223/2012
— in Czech: Prováděcí naízení (EU) . 1223/2012
— in Danish: Gennemfrelsesforordning
(EU)
nr.
1223/2012
— in German: Durchführungsverordnung
(EU)
Nr.
1223/2012
— in Estonian: Rakendusmrus
(EL)
nr
1223/2012
— in Greek:
Εκτελεστικ κανονισμ (ΕΕ) αριθ. 1223/2012
— in English: Implementing
Regulation
(EU)
No
1223/2012
— in French: Règlement
d’exécution
(UE)
n o 1223/2012
— in Italian:
Regolamento di esecuzione (UE) n. 1223/2012
— in Latvian:
stenoanas regula (ES) Nr. 1223/2012
— in Lithuanian: gyvendinimo reglamentas (ES) Nr. 1223/2012
— in Hungarian: 1223/2012/EU
végrehajtási
rendelet
— in Maltese: Regolament
ta’
Implimentazzjoni
(UE)
Nru
1223/2012
— in Dutch: Uitvoeringsverordening
(EU)
nr.
1223/2012
— in Polish: Rozporzdzenie wykonawcze (UE) nr 1223/2012
— in Portuguese: Regulamento
de
Execuo
(UE)
n. o 1223/2012
— in Romanian: Regulamentul
de
punere
n
aplicare
(UE)
nr.
1223/2012
— in Slovak: Vykonávacie
nariadenie
(E)
. 1223/2012
— in Slovenian: Izvedbena
uredba
(EU)
t.
1223/2012
— in Finnish: Tytntnpanoasetus
(EU)
N:o
1223/2012
— in Swedish: Genomfrandefrordning
(EU)
nr
1223/2012

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EN
19.12.2012 Official
Journal
of
the
European
Union L
349/43
ANNEX II
Repealed Regulation with list of its successive amendments
Commission Regulation (EC) No 2172/2005
(OJ L 346, 29.12.2005, p. 10).
Commission Regulation (EC) No 1869/2006
(OJ L 358, 16.12.2006, p. 49).
Commission Regulation (EC) No 1965/2006
Article 8 and Annex IX only
(OJ L 408, 30.12.2006, p. 26).
Commission Regulation (EC) No 749/2008
Article 3 only
(OJ L 202, 31.7.2008, p. 37).
Commission Regulation (EC) No 1267/2008
(OJ L 338, 17.12.2008, p. 37).

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L 349/44
EN
Official Journal of the European Union
19.12.2012
ANNEX III
Correlation Table
Regulation (EC) No 2172/2005 This
Regulation
Article 1 Article
1
Article 2(1) Article
2(1)
Article 2(4) Article
2(2)
Article 3(2) Article
3(1)
Article 3(3), first subparagraph Article
3(2)
Article 3(3), second subparagraph
—
Article 3(5) Article
3(3)
Articles 4, 5 and 6 Articles
4,
5
and
6
Article 7(1) Article
7(1)
Article 7(3) Article
7(2)
Article 7(5) Article
7(3)
Article 7(6) Article
7(4)
Article 8 Article
8
Article 8a(1) Article
9(1)
Article 8a(2), first and second subparagraphs Article
9(2)
Article 8a(3) Article
9(3)
— Article
10
Article 9 Article
11
Annex II Annex
I
— Annex
II
— Annex
III

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