1.   A duty-free Community tariff quota is hereby opened on an autonomous and transitional basis for the period from the date of the entry into force of this Regulation to 30 June 2005 for the import of 4 600 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 the first paragraph shall be those provided for in Article 4 of the Agreement.

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 year 2003. Applicants must be listed in a national VAT register.

2.   Operators in the new Member States may apply for import rights 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.

Member States may accept copies of the documents referred to above, 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 allocation.

5.   A company formed by the merger of companies each having reference imports complying with the minimum quantity referred to in Articles 2(1) and 2(2) may use those reference imports as a basis for its application.

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:

Where applications exceed this quantity, the excess shall be disregarded.

3.   Applications for import rights shall be lodged before 13.00, Brussels time, on the 10th working day following the date of publication of the present 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 hereto in cases where applications have actually been submitted.

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 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 is less than 100 head, a single import right shall be awarded for that quantity.

1.   The security relating to the import rights shall be EUR 3 per head. It must be deposited 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 causes less import rights to be allocated than had been applied for, the security lodged shall be released proportionally without delay.

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 has obtained the import rights.

4.   Licence applications and licences shall show the following:

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 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: