1997R0996 — EN — 26.06.1998 — 003.001 — 1
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►B COMMISSIONREGULATION(EC)No996/97
of3June1997
ontheopeningandadministrationofanimporttariffquotaforfrozenthinskirtofbovineanimals
fallingwithinCNcode02062991
(OJ L 144, 4.6.1997, p. 6)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2048/97 of 20 October 1997 L 287 10 21.10.1997
►M2Commission Regulation (EC) No 260/98 of 30 January 1998 L 25 42 31.1.1998
►M3Commission Regulation (EC) No 1266/98 of 18 June 1998 L 175 9 19.6.1998
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No996/97
of3June1997
on the opening and administration of an import tariff quota for
frozenthinskirtofbovineanimalsfallingwithinCNcode02062991
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXL
drawn up in the wake of the conclusion of the GATT XXIV.6
negotiations(1), and in particular Article 1 (1) thereof,
Whereas, pursuant to Schedule CXL, the Community agreed to open an
annual tariff quota of 1 500 tonnes for frozen thin skirt of bovine animalfalling within CN code 0206 29 91; whereas that quota should be openedon a multiannual basis for periods of 12 months commencing on 1 July
and the detailed rules of application laid down;
Whereas Commission Regulation (EEC) No 3719/88(
2), as last amended
by Regulation (EC) No 495/97(3), lays down detailed rules for the
application of the system of import and export licences and advance-fixing certificates for agricultural products; whereas CommissionRegulation (EC) No 1445/95(
4), as last amended by Regulation (EC)
No 266/97(5), lays down detailed rules for implementing the arrange-
ments for import licences for beef and veal;
Whereas, in order to ensure efficient administration of the import of
meat originating in and coming from Argentina, that country is requiredto issue certificates of authenticity guaranteeing the origin of theproducts concerned; whereas the layout of those certificates and theprocedures for using them must be specified;
Whereas certificates of authenticity must be issued by an authority in
Argentina; whereas that authority must present all the necessary
guarantees to ensure that the arrangements in question operate properly;
Whereas, in order to ensure efficient administration of the import of
frozen thin skirt originating in and coming from Argentina, it should belaid down that, where appropriate, the issue of import licences should besubject to verification inter alia of the information given on certificates
of authenticity;
Whereas, for other countries, the quota should be managed only on the
basis of Community import licences, with derogations in certain casesfrom the applicable rules;
Whereas experience has shown that importers do not always inform the
competent authorities which have issued the import licences of thequantity and origin of the beef and veal imported under the quota
concerned; whereas that information is important for assessing the
market situation; whereas a security attached to compliance with thatobligation should be provided for;
Whereas provision must be made for the Member States to forward
information on the imports in question;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Beef and Veal,1997R0996 — EN — 26.06.1998 — 003.001 — 2
(1) OJ No L 146, 20. 6. 1996, p. 1.
(2) OJ No L 331, 2. 12. 1988, p. 1.
(3) OJ No L 77, 19. 3. 1997, p. 12.
(4) OJ No L 143, 27. 6. 1995, p. 35.
(5) OJ No L 45, 15. 2. 1997, p. 1.
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HAS ADOPTED THIS REGULATION:
Article 1
1. A Community tariff quota for frozen thin skirt of bovine animals
falling within CN code 0206 29 91 is hereby opened on a multiannual
basis for an annual volume of 1 500 tonnes for periods from 1 July to 30June of the following year, hereinafter referred to as the ‘year of import’.
The serial number of the quota shall be 09.4020.2. The ad valorem customs duty on the quota referred to in paragraph
1 shall be 4 %.
3. The annual quota shall be allocated as follows:
(a) 700 tonnes originating in and coming from Argentina;
(b) 800 tonnes originating in and coming from other third countries.
4. Only whole thin skirt may be imported under the quota.5. For the purposes of this Regulation, thin skirt which is frozen, with
an internal temperature of not above —12 ºC when it enters the customsterritory of the Community, shall be deemed to be ‘frozen thin skirt’.
Article 2
1. The import of the quantities of meat referred to in Article 1(3)
shall be subject to the presentation of an import licence.
2. Licence applications and licences themselves shall contain the
following entries:
(a) in Section 8, the country of origin;
(b) in Section 20, at least one of the following:
— — Músculos del diafragma y delgados [Reglamento (CE) n
o996/
97]
— — Mellemgulv (forordning (EF) nr. 996/97)
— — Saumfleisch (Verordnung (EG) Nr. 996/97)
—— ∆ιάφραγµα [κανονισµός (ΕΚ) αριθ. 996 /97]
— — Thin skirt (Regulation (EC) No 996/97)
— — Hampe [règlement (CE) no996/97]
— — Pezzi detti «hampes» [regolamento (CE) n. 996/97]
— — Omloop (Verordening (EG) nr. 996/97)
— — Diafragma [Regulamento (CE) no996/97]
— — Kuveliha (asetus (EY) N:o 996/97)
— — Mellangärde (förordning (EG) nr 996/97).
3. Import licences shall expire on 30 June following the date of issue.
Article 3
1. The certificate of authenticity to be issued by Argentina shall be
made out in one original and at least one copy on a form correspondingto the specimen at Annex I.
The form shall measure approximately 210 × 297 millimetres. The paper
shall weigh not less than 40 grams per square metre.
2. Forms shall be printed and completed in one of the official
languages of the Community and also, if desired, in the official languageof Argentina.
3. Each certificate of authenticity shall bear an individual serial
number assigned by the issuing authority referred to at Annex II(hereinafter ‘the issuing authority’). The copies shall bear the sameserial number as the original.1997R0996 — EN — 26.06.1998 — 003.001 — 3
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4. The original and copies thereof may be typed or hand-written. In
the latter case, they must be completed in black ink and in blockcapitals.
Article 4
1. Certificates of authenticity shall be valid only if they are duly
completed and endorsed, in accordance with the instructions given atAnnex I, by the issuing authority.
2. A certificate of authenticity shall be deemed to have been duly
endorsed if it specifies the date and place of issue and if it bears the
stamp of the issuing authority and the signature of the person or persons
empowered to sign it.
The stamp may be replaced on the original certificate of authenticity and
its copies by a printed seal.
Article 5
1. Certificates of authenticity shall be valid for three months from the
date of issue.
However, certificates may not be presented to the competent national
authority after 30 June following the date of issue.
2. The original of the certificate of authenticity drawn up in
accordance with Articles 3, 4 and 6 plus a copy thereof shall be
presented to the competent national authority together with theapplication for the first import licence relating to the certificate ofauthenticity.
The original of the certificate of authenticity shall be kept by the
competent national authority.
A certificate of authenticity may be used for the issuing of more than
one import licence for a total quantity not exceeding that shown on thecertificate. Where more than one licence is issued in respect of acertificate, the competent national authority shall endorse the certificateof authenticity to show the quantity attributed.
The competent national 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 Commis-sion on the subject. The import licences shall be issued immediatelythereafter.
3. Notwithstanding the fourth subparagraph of paragraph 2, the
competent national 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 Commissionis received. In such cases, the security for the import licences►
M3 ◄shall be ECU 50 per 100 kg net weight. After
receiving the information concerning the certificate, the Member Statesshall replace the security by that of ECU 12 per 100 kg net weight
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M3 ◄.
Article 6
1. The issuing authority shall:
(a) be recognized as such by Argentina;
(b) undertake to check the particulars on certificates of authenticity;
(c) undertake to supply the Commission and the Member States, on
request, with any information enabling the particulars on certificatesof authenticity to be evaluated.
2. The Commission shall revise Annex II if an issuing authority
ceases to be recognized or fails to fulfil one of the obligations incumbenton it or if a new issuing authority is designated.1997R0996 — EN — 26.06.1998 — 003.001 — 4
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Article 7
In order to qualify for the import arrangements referred to in Article 1
(3) (b):
(a) applicants for import licences must be natural or legal persons who,
when submitting their application, must prove to the satisfaction ofthe competent authorities of the Member State concerned that theyhave traded in beef and veal with non-member countries at leastonce during the previous 12 months; they must be entered on anational VAT register;
(b) the licence application lodged by the applicant may relate to a
maximum of 80 tonnes.
Article 8
1. The applications referred to in Article 7 shall be lodged, with the
competent authorities in the Member State in which the applicant isregistered, only during the first 10 days of each year of import. If anapplicant lodges more than one application, none of the applicationsshall be considered.
2. Member States shall notify the Commission on the 10th working
day following the end of the period for the lodging of applications of the
total quantity covered by applications.
That notification shall cover the list of applicants and the countries of
origin indicated. All notifications, including nil returns, shall be madebefore 4 p.m. on the stipulated day.
3. The Commission shall decide as rapidly as possible to what extent
applications may be accepted. If the quantities for which licences areapplied for exceed the quantities available, the Commission shall fix a
single percentage reduction to be applied to the quantities applied for.
4. Following the Commission's decision on acceptance of applica-
tions, licences shall be issued as rapidly as possible.
Article 9
1. Without prejudice to the provisions of this Regulation, Regulations
(EEC) No 3719/88 and (EC) No 1445/95 shall apply.
2. By way of derogation from Article 8 (4) of Regulation (EEC) No
3719/88, the full import duty provided for in the Common CustomsTariff shall be charged on quantities in excess of those stated on importlicences.
Article 12
This Regulation shall enter into force on 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1997R0996 — EN — 26.06.1998 — 003.001 — 5
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ANNEX I
1997R0996 — EN — 26.06.1998 — 003.001 — 6
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ANNEX II
LIST OF AUTHORITIES IN ARGENTINA EMPOWERED TO ISSUE
CERTIFICATESOFAUTHENTICITY
Secretaría deagricultura,ganadería,pescayalimentación
for thin skirt originating in Argentina as specified in Article 1 (3) (a).1997R0996 — EN — 26.06.1998 — 003.001 — 7
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