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            COMMISSION REGULATION (EC) No 2092/2004

of 8 December 2004         

laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the first subparagraph of Article 32(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   A Community duty-free import tariff quota for dried boneless meat of bovine animals falling within CN code ex 0210 20 90 and originating in Switzerland is hereby opened on a pluriannual basis for an annual volume of 1 200 tonnes for periods from 1 January to 31 December (hereinafter the quota).

The order number of the quota shall be 09.4202.

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 between the European Community and the Swiss Confederation on trade in agricultural products.

3.   For the purposes of this Regulation, dried boneless meat shall mean cuts of meat from haunches of bovine animals aged at least 18 months, with no visible intramuscular fat (3 to 7 %) and a pH of the fresh meat between 5,4 and 6,0; salted, seasoned, pressed, dried only in fresh dry air and developing noble mould (bloom of microscopic fungi). The weight of the finished product is between 41 % and 53 % of the raw material before salting.

Article 2

1.   Imports of the quantities set out in Article 1(1) shall be subject to presentation, on release for free circulation, of an import licence.

2.   The original of the certificate of authenticity drawn up in accordance with Article 3 plus a copy thereof shall be presented to the competent authority together with the application for the first import licence relating to the certificate of authenticity.

The original of the certificate of authenticity shall be kept by that authority.

3.   A certificate of authenticity may be used for the issuing of more than one import licence for quantities not exceeding that shown on the certificate. Where more than one licence is issued in respect of a certificate, the competent authority shall endorse the certificate of authenticity to show the quantity attributed.

4.   The competent authorities may issue import licences only after they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission on the subject. The licences shall be issued immediately thereafter.

However, the competent authorities may, in exceptional cases and on duly reasoned application, issue import licences on the basis of the relevant certificates of authenticity before the information from the Commission is received. In such cases, the security for the import licences shall be equal to the amount corresponding to the full customs duty under the common customs tariff. After having received the information relating to the certificate, Member States shall replace this security with that referred to in Article 4 of Regulation (EC) No 1445/1995.

5.   Section 20 of the licence applications and of the licences themselves shall show one of the endorsements listed in Annex I.

Article 3

1.   The certificates of authenticity referred to in Article 2 shall be made out in one original and two copies, to be printed and completed in one of the official languages of the Community, in accordance with the model in Annex II. It may also be printed and completed in the official language or one of the official languages of the exporting country.

The competent authorities of the Member State in which the import licence application is submitted may require a translation of the certificate to be provided.

2.   The certificate forms shall measure 210 × 297 mm. The paper used shall weigh not less than 40 g/m2. The original shall be white, the first copy pink and the second copy yellow.

3.   The original of the certificate and copies thereof may be typed or handwritten. In the latter case, they must be completed in black ink and in block capitals.

4.   Each certificate shall have its own individual serial number followed by the name of the issuing country.

The copies shall bear the same serial number and the same name as the original.

5.   The definition of dried boneless meat provided for in Article 1(3) shall be clearly laid down in the certificate.

6.   Certificates shall be valid only if they are duly endorsed by an issuing authority listed in Annex III.

Certificates shall be deemed to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

Article 4

1.   The issuing authorities listed in Annex III must:

2.   The list in Annex III may be revised by the Commission where the requirement referred to in paragraph 1(a) of this Article is no longer met or where the issuing authority fails to fulfil any of the obligations incumbent on it.

Article 5

Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue. However, their term of validity shall expire on 31 December following the date of issue.

Article 6

The provisions of Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply subject to the provisions of this Regulation.

Article 7

The authorities of the exporting countries shall communicate to the Commission specimens of the stamp imprints used by their issuing authorities and the names and signatures of the persons empowered to sign certificates of authenticity. Any subsequent changes of stamps or names shall equally be notified to the Commission as soon as possible. The Commission shall communicate this information to the competent authorities of the Member States.

Article 8

Regulation (EC) No 2424/1999 is repealed.

Article 9

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

It shall apply from 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(2)OJ L 114, 30.4.2002, p. 132.

(3)OJ L 114, 30.4.2002, p. 352.

(4)OJ L 294, 16.11.1999, p. 13. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(5)OJ L 23, 28.1.2004, p. 27.

(6)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

(7)OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regulation (EC) No 1118/2004.

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ANNEX I

Endorsements referred to in Article 2(5)

—   in Spanish: Carne de vacuno seca deshuesada — Reglamento (CE) no 2092/2004

—   in Czech: Vykostěné sušené hovězí maso – směrnice (ES) č. 2092/2004

—   in Danish: Tørret udbenet oksekød — forordning (EF) nr. 2092/2004

—   in German: Entbeintes, getrocknetes Rindfleisch — Verordnung (EG) Nr. 2092/2004

—   in Estonian: Kuivatatud kondita veiseliha – määrus (EÜ) nr 2092/2004

—   in Greek: Αποξηραμένο βόειο κρέας χωρίς κόκαλα — Κανονισμός (ΕΚ) αριθ. 2092/2004

—   In English: Dried boneless beef — Regulation (EC) No 2092/2004

—   In French: Viande bovine séchée désossée — Règlement (CE) no 2092/2004

—   In Italian: Carni bovine disossate ed essiccate — regolamento (CE) n. 2092/2004

—   In Latvian: Žāvēta atkaulota liellopu gaļa – Regula (EK) Nr. 2092/2004

—   in Lithuanian: Džiovinta jautiena be kaulų – Reglamentas (EB) Nr. 2092/2004

—   in Hungarian: Szárított, kicsontozott marhahús – 2092/2004/EK rendelet

—   in Dutch: Gedroogd rundvlees zonder been — Verordening (EG) nr. 2092/2004

—   in Polish: Suszone mięso wołowe bez kości — Rozporządzenie (WE) nr 2092/2004

—   in Portuguese: Carne de bovino seca desossada — Regulamento (CE) n.o 2092/2004

—   in Slovak: Vykostené, sušené hovädzie mäso – Nariadenie (ES) č. 2092/2004

—   in Slovenian: Posušeno goveje meso brez kosti – Uredba (ES) št. 2092/2004

—   in Finnish: Kuivattua luutonta naudanlihaa – asetus (EY) N:o 2092/2004

—   in Swedish: Torkat benfritt nötkött – förordning (EG) nr 2092/2004

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ANNEX II
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1. Consignor (full name and address)CERTIFICATE No 0000 ORIGINAL EXPORTING COUNTRY:2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of dried boneless meat of bovine animals (application of Regulation (EC) No 2092/2004)Notes A. This certificate shall be prepared in one original and two copiesB. The original and its two copies shall be typewritten or completed by hand; in the latter case, they must be completed in block letters in ink.C. Health Certificate (form M-9303) No3. Marks, numbers, number and nature of packages, description of goods4. Combined Nomenclature subheading5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above, correspond exactly to the origin and definition contained in Article 1(2) and (3) of Commission Regulation (EC) No 2092/2004 laying down detailed rules of application for an import tariff quota of dried boneless meat beef originating in Switzerland.9. Authorised issuing bodyPlace Date (Stamp of issuing body) (signature)

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ANNEX III

List of authorities in exporting countries empowered to issue certificate of authenticity

SWITZERLAND:

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