1997R0936 — EN — 28.02.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No936/97
of27May1997
opening and providing for the administration of tariff quotas for high-quality fresh, chilled and
frozenbeefandforfrozen buffalomeat
(OJ L 137, 28.5.1997, p. 10)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 2048/97 of 20 October 1997 L 287 10 21.10.1997
►M2CommissionRegulation(EC) No 31/98 of 8 Jan uary 1998 L 5 3 9.1.1998
►M3CommissionRegulation(EC) No 260/98 of 30 Jan uary 1998 L 25 42 31.1.1998
►M4CommissionRegulation(EC) No 1299/98 of 23 Jun e 1998 L 180 6 24.6.1998
►M5CommissionRegulation(EC) No 1680/98 of 29 July 1998 L 212 36 30.7.1998
►M6CommissionRegulation(EC) No 134/1999 of 21 Jan uary 1999 L 17 22 22.1.1999
►M7CommissionRegulation(EC) No 361/2002 of 27 February 2002 L 58 5 28.2.2002
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).
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COMMISSIONREGULATION(EC)No936/97
of27May1997
opening and providing for the administration of tariff quotas for
high-quality fresh, chilled and frozen beef and for frozen buffalo
meat
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 negotia-tions(
1), and in particular Article 1 (1) thereof,
Whereas the Community has undertaken, pursuant to the Agreement on
agriculture concluded under the Uruguay Round of multilateral trade
negotiations, to open tariff quotas for high-quality beef and frozenbuffalo meat, fixed at an annual quantity of 58 100 tonnes and 2 250tonnes respectively; whereas those quotas should be opened on a multi-annual basis and detailed rules should be adopted for their applicationfor 12-month periods starting on 1 July;
Whereas the exporting third countries have undertaken to issue certifi-
cates of authenticity guaranteeing the origin of the products; whereasthe form and layout of the certificates and the procedures for using
them must be specified; whereas certificates of authenticity must be
issued by authorities in third countries affording all the necessary guar-antees to ensure that the arrangements concerned are properly applied;
Whereas the quota in question should be managed using import
licences; whereas to this end rules should be laid down on submission
of applications and the information to be given on applications andlicences, by way of derogation, if necessary, from certain provisionsof CommissionRegulation(EEC) No 3719/88 of 16 November 1988laying down common detailed rules for the application of the system
of import and export licences and advance-fixing certificates for agri-
cultural products(
2), as last amended by Regulation (EC) No 2350/
96(3), and of Commission Regulation (EC) No 1445/95 of 26 June
1995 on rules of application for import and export licences in the beefand veal sector and repealing Regulation (EEC) No 2377/80(
4), as last
amended by Regulation (EC) No 266/97(5);
Whereas, in order to ensure proper management of the imports of meat,
provision should be made, where relevant, for import licences to beissued subject to verification, in particular of entries on certificates ofauthenticity;
Whereas experience has shown that importers do not always inform the
competent authorities which issued the import licences of the quantityand origin of the beef imported under the quota in question; whereas
this information is important for the assessment of the market situation;
whereas a security should therefore be introduced to ensure that impor-ters comply with this requirement;
Whereas provisionshould be made for the Member States to forward
information concerning such imports;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Beef andVeal,1997R0936 — EN — 28.02.2002 — 002.001 — 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 320, 11. 12. 1996, p. 4.
(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. The following tariff quotas are hereby opened on a multiannual
basis for the period from 1 July one year to 30 June the year after,
hereinafter called ‘import year’:
— 58100 tonnes for high-quality fresh, chilled or frozen meat of
bovine animals covered by CN codes 0201 and 0202 and forproducts covered by CN codes 0206 10 95 and 0206 29 91. Thisquota carries serial No 09.4002,
— 2 250 tonnes for frozen boneless buffalo meat covered by CN code
0202 3090, expressed inweight of bon eless meat. This quotacarries serial No 09.4001.
For the purposes of attributing the said quota, 100 kilograms of
bone-in meat shall be equivalent to 77 kilograms of boneless meat.
2. For the purposes of this Regulation, ‘frozen meat’ means meat
with an internal temperature of −12 ºC or lower when it enters the
customs territory of the Community.
3. The ad valorem customs duty under the quotas referred to in
paragraph 1 shall be 20%.
Article 2
The tariff quota for fresh, chilled and frozen beef provided for in the
first indent of Article 1 (1) shall be allocated as follows:
(a) 28000 tonnes for boneless meat covered by CN codes 0201 30 and
0206 1095 and meeting the following definition:
‘Special or good-quality beef cuts obtained from exclusively
pasture-grazed animals aged between 22 and 24 months, havingtwo permanent incisors and presenting a slaughter liveweight notexceeding 460 kilograms, referred to as “special boxed beef”, cutsof which may bear the letters “sc” (special cuts)’;
(b) 7 000 tonnes product weight for meat covered by CN codes
0201 2090, 0201 30, 0202 20 90, 0202 30, 020610 95 and
0206 2991 and meeting the following definition:
‘Selected cuts of fresh, chilled or frozen beef obtained from bovine
animals which do not have more than four permanent incisor teeth,
the carcases of which have a dressed weight of not more than 327kilograms (720 pounds), a compact appearance with a good eye ofmeat of light and uniform colour, and adequate but not excessivefat cover. The meat shall be certified “high-quality beef EC”’;
(c) 6 300 tonnes for boneless meat covered by CN codes 0201 30,
0202 3090, 0206 10 95 and 0206 29 91 and meeting the following
definition:
‘Special or good-quality beef cuts obtained from exclusively
pasture-grazed animals presenting a slaughter liveweight not
exceeding 460 kilograms, referred to as “special boxed beef”.These cuts may bear the letters “sc” (special cuts)’;
(d) 5 000 tonnes for boneless meat covered by CN codes 0201 30,
0202 3090, 0206 10 95 and 0206 29 91 and meeting the followingdefinition:
‘Beef cuts obtained from steers (novilhos) or heifers (novilhas)
aged between 20 and 24 months, which have been exclusivelypasture-grazed, have lost their central temporary incisors but do
not have more than four permanent incisor teeth, which are of
good maturity and which meet the following beef-carcase classifi-cationrequiremen ts:
meat from B or R class carcases of rounded to straight conforma-
tion and a fat-cover class of 2 or 3; the cuts, bearing the letters “sc”(special cuts) or an“sc” (special cuts) label as a signof their highquality are to be boxed in cartons bearing the words “high qualitybeef”;’1997R0936 — EN — 28.02.2002 — 002.001 — 3
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(e) 300 tonnes product weight for meat covered by CN codes
0201 2090, 0201 30, 0202 20 90, 0202 30, 020610 95 and0206 2991 and meeting the following definition:
‘Selected chilled or frozenpremium beef cuts derived from exclu-
sively pasture-grazed bovine animals which do not have more thanfour permanent incisor teeth in wear, the carcases of which have adressed weight of not more than 325 kilograms, a compact appear-
ance with a good eye, of meat of light and uniform colour and
adequate but not excessive fat cover. All cuts will be vacuum pack-aged and referred to as “high-quality beef”’;
(f) 11500 tonnes product weight for meat falling within CN codes
0201, 0202, 0206 1095 and 0206 2991 and meeting the followingdefinition:
‘Carcases or any cuts obtained from bovine animals of less than 30
months of age which have been fed for at least 100 days on nutri-tionally balanced, high-energy-content rations containing not lessthan 70 % grain and comprising at least 20 pounds total feed per
day. Beef graded “choice” or “prime” according to the USDA
(United States Department of Agriculture) standards automaticallymeets the above definition. Meat graded Canada A, Canada AA,Canada AAA, Canada Choice and Canada Prime in accordancewith the standards of the Canadian Ministry of Agriculture meetsto that definition’.
Article 3
1. Imports of the quantities set out in Article 2 (f) shall be subject to
presentation, on release for free circulation, of:
— an import licence issued in accordance with Articles 4 and 5, and
— a certificate of authenticity issued in accordance with Article 6.
2. Import licences as referred to in paragraph 1 shall be allocated on
a monthly basis. The quantity available each month of each import year
shall correspond to one twelfth of the total quantity set out in Article 2(f), plus any quantity remaining from the preceding months as referredto inArticle 5 (3).
Article 4
Inorder to obtainimport licen ces as referred to inArticle 3:
(a) the licence applicants must be natural or legal persons who, at the
time their applications are submitted, have been engaged for atleast 12 mon ths intrade inbeef an d veal betweenMember States
or with third countries and who are registered in a Member State
for VAT purposes;
(b) the licence applications lodged may cover a total quantity corre-
sponding to not more than the quantity available for the month in
which the applicationis lodged;
(c) section 8 of licence applications and licences must show the
country of origin; licences shall carry with them an obligation toimport from the country in question;
(d) section 20 of licence applications and licences shall contain one of
the following entries:
— Carne de vacuno de alta calidad [Reglamento (CE) n
o936/97]
— Oksekød af høj kvalitet (forordning (EF) nr. 936/97)
— Qualitätsrindfleisch (Verordnung (EG) Nr. 936/97)—Βόειο κρέας εκλεκτής ποιότητας [κανονισµός (ΕΚ) αριθ.
936/97]
— High-quality beef/veal (Regulation(EC) No 936/97)— Viande bovine de haute qualité [règlement (CE) n
o936/97]
— Carni bovine di alta qualità [regolamento (CE) n. 936/97]— Rundvlees van hoge kwaliteit (Verordening (EG) nr. 936/97)1997R0936 — EN — 28.02.2002 — 002.001 — 4
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— Carne de bovino de alta qualidade [Regulamento (CE) no936/
97]
— Korkealaatuista naudanlihaa (asetus (EY) N:o 936/97)
— Nötkött av hög kvalitet (förordning (EG) nr 936/97).
Article 5
1. Licence applications as referred to in Article 4 may be lodged
solely during the first five days of each month of each import yearwith the competent authorities of the Member State in which the appli-cant is registered for VAT purposes. If an applicant lodges more thanone application, none of his applications shall be considered.
2. On the second working day following the closing date for the
submission of applications, the Member States shall notify theCommission of the total quantity covered by applications. Such notifi-cations shall include the list of applicants and the countries of origin
indicated. All notifications, including nil returns, shall be sent before
4 p.m. onthe stipulated day.
3. The Commissionshall decide what proportionof quan tities
covered by applications may be granted. If the quantities covered by
licence applications exceed the quantities available, the Commissionshall reduce the quantities applied for by a fixed percentage. If the totalquantity covered by licence applications is less than the quantity avail-able, the Commission shall determine the quantity remaining to beadded to the quantity available for the following month of each import
year.
4. Subject to a decisionby the Commissionto accept application s,
licences shall be issued on the 11th day of each month.
Article 6
1. Certificates of authenticity shall be made out in one original and
not less than one copy in accordance with the model at Annex I.
The forms shall measure approximately 210 × 297 mm and the paper
shall weigh not less than 40 g/m
2.
2. The forms shall be printed and completed in one of the official
languages of the Community; they may also be printed and completedin the official language or one of the official languages of the exportingcountry.
The relevant definition in Article 2 applying to the meat originating in
the exporting country shall be shown on the reverse of the form.
3. Certificates of authenticity shall bear an individual serial number
allocated by the issuing authorities referred to in Article 7. The copies
shall bear the same serial number as the original.
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 block capi-tals.
5. Certificates of authenticity shall be valid only if they are duly
completed and endorsed in accordance with the instructions in AnnexesI and II by an issuing authority listed in Annex II.
6. Certificates of authenticity shall be deemed to have been duly
endorsed if they state the date and place of issue and if they bear thestamp of the issuing authority and the signature of the person orpersons empowered to sign them.
The stamp may be replaced by a printed seal on the original of the
certificate of authenticity and any copies thereof.
Article 7
1. The issuing authorities listed in Annex II must:
(a) be recognized as such by the exporting country;1997R0936 — EN — 28.02.2002 — 002.001 — 5
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(b) undertake to verify entries on certificates of authenticity;
(c) undertake to forward to the Commission each Wednesday an infor-
mation enabling the entries on certificates of authenticity to beverified.
2. The list may be revised by the Commission where any issuing
authority is no longer recognized, where it fails to fulfil any of theobligations incumbent on it or where a new issuing authority is desig-nated.
Article 8
1. Imports of the quantities set out in the second indent of Article 1
(1) and in Article 2 (a) to (e) shall be subject to presentation, on release
for free circulation, of import licences issued in accordance withArticle 4 (c) and (d) and paragraph 2 of this Article.
2. (a) The original of the certificate of authenticity drawn up in accor-
dance with Articles 6 and 7 plus a copy thereof shall bepresented to the competent authority together with the applica-tion for the first import licence relating to the certificate of
authenticity. The original of the certificate of authenticity shall
be kept by the abovementioned authority.
(b) Certificates 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 endorsethe certificate of authenticity to show the quantity attributed.
(c) 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
Commissiononthe subject. The licen ces shall be issued imme-diately thereafter.
3. Notwithstanding paragraph 2 (c), the competent authorities may,
in exceptional cases and on duly reasoned application, issue importlicences 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 as referred to in Article 12 (1) shallbe ECU 50 per 100 kg net weight. After having received the informa-tionrelatin g to the certificate, Member States shall replace this securitywith that referred to inArticle 12 (1).
Article 9
Certificates of authenticity and import licences shall be valid for three
months from their dates of issue. Their term of validity shall, however,
expire at the latest on 30 June following the date of issue.
Article 10
1. The provisions of Regulation (EEC) No 3719/88 and (EC)
No 1445/95 shall apply subject to the provisions of this Regulation.
2. Without prejudice to Article 8 (4) of Regulation(EEC) No 3719/
88, the full import duty provided for inthe CommonCustoms Tariff(CCT) shall be charged onquan tities inexcess of those stated onimport licences.
Article 13
This Regulation shall enter into force on 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1997R0936 — EN — 28.02.2002 — 002.001 — 6
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ANNEX I
1997R0936 — EN — 28.02.2002 — 002.001 — 7
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1997R0936 — EN — 28.02.2002 — 002.001 — 8
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ANNEX II
LIST OF AUTHORITIES IN EXPORTING COUNTRIES EMPOWERED
TOISSUECERTIFICATESOFAUTHENTICITY
—►M1SECRETARÍA DE AGRICULTURA, GANADERÍA, PESCA Y
ALIMENTACIÓN ◄:
for meat originating in Argentina and meeting the definition in Article 2 (a).
—►M6DEPARTMENT OF AGRICULTURE, FISHERIES AND
FORESTRY — AUSTRALIA ◄:
for meat originating in Australia:
(a) meeting the definition in Article 2 (b);
(b) meeting the definition in the second indent of Article 1 (1).
— INSTITUTO NACIONAL DE CARNES (INAC):
for meat originating in Uruguay and meeting the definition in Article 2 (c).
— DEPARTAMENTO NACIONAL DE INSPECÇÃO DE PRODUTOS DE
ORIGEM ANIMAL (DIOPA):
for meat originating in Brazil and meeting the definition in Article 2 (d).
—►M5NEW ZEALAND MEAT BOARD ◄:
for meat originating in New Zealand, meeting the definition in Article 2 (e).
— FOOD SAFETY AND INSPECTION SERVICE (FSIS) OF THE UNITED
STATES DEPARTMENT OF AGRICULTURE (USDA):
for meat originating in the United States of America and meeting the defini-
tioninArticle 2 (f).
—►M7CANADIAN FOOD INSPECTION AGENCY — GOVERNMENT
OF CANADA/AGENCE CANADIENNE D'INSPECTION DES
ALIMENTS — GOUVERNEMENT DU CANADA ◄:
for meat originating in Canada, and meeting the definition in Article 2 (f).1997R0936 — EN — 28.02.2002 — 002.001 — 9