2004R2092 — EN — 12.05.2009 — 004.001

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Amended by:





Corrected by:









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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







Article 1

1. ►M1 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 every year 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.

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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:

(a) be recognised as such by the exporting country concerned;

(b) undertake to verify entries on the certificates;

(c) undertake to forward to the Commission at least once a week any information enabling the entries on the certificates of authenticity, in particular the number of the certificate, the exporter, the consignee, the country of destination, the product, the net weight and the date of signature, to be verified.

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.

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Article 5

Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue.

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Article 6

The provisions of Commission Regulation (EC) No 376/2008 ( 8 ), Chapter III of Commission Regulation (EC) No 1301/2006 ( 9 ) and Commission Regulation (EC) No 382/2008 ( 10 ) shall apply, save as otherwise provided for in this Regulation.

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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.

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Article 7a

1. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify to the Commission:

(a) no later than 28 February following the end of each import tariff quota period, the quantities of products, including nil returns, for which import licences were issued in the previous import tariff quota period;

(b) no later than 30 April following the end of each import tariff quota period, the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued.

2. No later than 30 April following the end of each import tariff quota period, Member States shall notify the Commission the quantities of products, which were actually released for free circulation during the preceding import tariff quota period.

However, as of the import tariff quota period starting on 1 January 2009, Member States shall forward to the Commission details of the quantities of products put into free circulation as of 1 January 2009 in accordance with Article 4 of Regulation (EC) No 1301/2006.

3. The notifications referred to in paragraph 1 and the first subparagraph of paragraph 2 of this Article shall be made as indicated in Annexes IV, V and VI to this Regulation and the product categories indicated in Annex V to Regulation (EC) No 382/2008 shall be used.

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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.

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ANNEX I

Endorsements referred to in Article 2(5)

in Bulgarian : Сушено обезкостено говеждо или телешко месо — Регламент (ЕО) № 2092/2004

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

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

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

in German : Εntbeintes, 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 iškaulinėta jautiena — Reglamentas (EB) Nr. 2092/2004

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

in Maltese : Ċanga mniexfa mingħajr għadam — Regolament (KE) Nru 2092/2004

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

in Polish : Suszona wołowina bez kości — Rozporządzenie (WE) nr 2092/2004

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

in Romanian : Carne de vită dezosată uscată — Regulamentul (CE) nr. 2092/2004

in Slovak : Sušené vykostené 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 : Τorkat benfritt nötkött — förordning (EG) nr 2092/2004

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ANNEX II

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ANNEX III

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

SWITZERLAND

— Office fédéral de l'agriculture/Bundesamt für Landwirtschaft/Ufficio federale dell'agricoltura.

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ANNEX IV







Notification of import licences (issued) — Regulation (EC) No 2092/2004 Order No Product category or categories (1) Quantity (kilograms product weight) 09.4202 (1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008









ANNEX V







Notification of import licences (unused quantities) — Regulation (EC) No 2092/2004 Order No Product category or categories (1) Unused quantity (kilograms product weight) 09.4202 (1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008









ANNEX VI







Notification of quantities of products put into free circulation — Regulation (EC) No 2092/2004 Order No Product category or categories (1) Quantity put into free circulation (kilograms product weight) 09.4202 (1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008