{
  "url": "https://openlegislation.uk/eu-regulation-2012-1223/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2012-1223/introduction.json",
  "legislation": "eur/2012/1223",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2012-1223",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) No 1223/2012\nof 18 December 2012\nlaying 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\n(codification)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and in particular Article 144(1) in conjunction with Article 4 thereof,\nWhereas:\n(1)\nCommission Regulation (EC) No 2172/2005 of 23 December 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 the Agreement between the European Community and the Swiss Confederation on trade in agricultural products has been substantially amended several times. In the interests of clarity and rationality the said Regulation should be codified.\n(2)\nThe Agreement between the European Community and the Swiss Confederation on trade in agricultural products (‘the Agreement’) provides for the opening of a duty-free Union tariff quota for the import of 4 600 live bovine animals weighing more than 160 kg and originating in Switzerland. Detailed rules should be adopted for the opening and administration of this tariff quota on an annual basis.\n(3)\nFor the allocation of that tariff quota and given the products concerned it is appropriate to apply the method of simultaneous examination referred to in Article 144(2)(b) of Regulation (EC) No 1234/2007.\n(4)\nTo be eligible for the benefit of that tariff quota, the live animals should originate in Switzerland in conformity with the rules referred to in Article 4 of the Agreement.\n(5)\nWith a view to preventing speculation, the quantities available within the tariff quota should be made accessible to operators able to show that they are genuinely engaged in trade of a significant scale with third countries. In consideration of this and in order to ensure efficient management, the traders concerned 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 animals may be considered to be a normal load. Experience has shown that the purchase of a single consignment is a minimum requirement for a transaction to be considered real and viable.\n(6)\nA security should be fixed for import rights, licences should not be transferable and import licences should be issued to traders solely for the quantities for which they have been allocated import rights.\n(7)\nTo provide a more equal access to the tariff quota while ensuring a commercially viable number of animals per application, maximum and minimum limits should be fixed for the number of animals covered by each application.\n(8)\nIt should be established that import rights are to be allocated after a reflection period and where necessary with a fixed allocation coefficient applied.\n(9)\nPursuant to Article 130 of Regulation (EC) No 1234/2007, the arrangements have to be managed using import licences. To this end, rules should be laid down on the submission of applications and the information to be given on applications and licences, where necessary in addition to or by way of derogation from certain provisions of Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences, Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products and Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector.\n(10)\nTo oblige operators to apply for import licences for all import rights allocated, it should be established that the application should constitute, with regard to the import rights security, a primary requirement within the meaning of Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the application of the system of securities for agricultural products.\n(11)\nExperience shows that a proper management of the tariff quota also requires that the titular holder of the licence is a genuine importer. Therefore, such importer should actively participate in the purchase, transport and import of the animals concerned. Presentation of proof of those activities should thus also be a primary requirement with regard to the licence security.\n(12)\nWith a view to ensuring a strict statistical control of the animals imported under this tariff quota, the tolerance referred to in Article 7(4) of Regulation (EC) No 376/2008 should not apply.\n(13)\nThe measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 299, 16.11.2007, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 346, 29.12.2005, p. 10."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See Annex II."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 114, 30.4.2002, p. 132."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 238, 1.9.2006, p. 13."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 114, 26.4.2008, p. 3."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 115, 29.4.2008, p. 10."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 92, 30.3.2012, p. 4."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2012/1223/introduction",
    "retrieved_at": "2026-11-01T14:48:56.974059+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}