1997R0996 — EN — 14.04.2003 — 004.001 — 1
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►B COMMISSIONREGULATION(EC)No996/97
of3June1997
on the opening and administration of an import tariff quota for frozen thin skirt of bovine
animalsfallingwithinCNcode02062991
(OJ L 144, 4.6.1997, p. 6)
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 260/98 of 30 Jan uary 1998 L 25 42 31.1.1998
►M3CommissionRegulation(EC) No 1266/98 of 18 Jun e 1998 L 175 9 19.6.1998
►M4CommissionRegulation(EC) No 649/2003 of 10 April 2003 L 95 13 11.4.2003
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)No996/97
of3June1997
on the opening and administration of an import tariff quota for
frozen thin skirt of bovine animals falling within CN code
02062991
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 CXLdrawn up in the wake of the conclusion of the GATT XXIV.6 negotia-tions (
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
animal falling within CN code 0206 2991; whereas that quota shouldbe opened on a multiannual basis for periods of 12 months commen-cing on 1 July and the detailed rules of application laid down;
Whereas CommissionRegulation(EEC) No 3719/88 (
2), as last
amended by Regulation (EC) No 495/97 (3), lays downdetailed rules
for the application of the system of import and export licences andadvance-fixing certificates for agricultural products; whereas Commis-sionRegulation(EC) No 1445/95 (
4), as last amended by Regulation
(EC) No 266/97 (5), lays down detailed rules for implementing the
arrangements 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 isrequired to issue certificates of authenticity guaranteeing the origin ofthe products 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 guar-antees 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 shouldbe laid downthat, where appropriate, the issue of import licen ces
should be subject 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 quotaconcerned; whereas that information is important for assessing themarket situation; whereas a security attached to compliance with that
obligationshould be provided for;
Whereas provisionmust be made for the Member States to forward
information on the imports in question;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Beef andVeal,1997R0996 — EN — 14.04.2003 — 004.001 — 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
30 June of the following year, hereinafter referred to as the ‘year ofimport’.
The serial number of the quota shall be 09.4020.2. The ad valorem customs duty onthe quota referred to inpara-
graph 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
customs territory of the Community, shall be deemed to be ‘frozen
thinskirt’.
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
o
996/97]
— — Mellemgulv (forordning (EF) nr. 996/97)— — Saumfleisch (Verordnung (EG) Nr. 996/97)
—— ∆ιάφραγµα [κανονισµός (ΕΚ) αριθ. 996 /97]
— — Thinskirt (Regulation(EC) No 996/97)— — Hampe [règlement (CE) n
o996/97]
— — Pezzi detti «hampes» [regolamento (CE) n. 996/97]— — Omloop (Verordening (EG) nr. 996/97)— — Diafragma [Regulamento (CE) n
o996/97]
— — 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 officiallanguage of Argentina.
3. Each certificate of authenticity shall bear an individual serial
number assigned by the issuing authority referred to at Annex II (here-1997R0996 — EN — 14.04.2003 — 004.001 — 3
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inafter ‘the issuing authority’). 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.
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 accor-
dance with Articles 3, 4 and 6 plus a copy thereof shall be presented to
the competent national 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 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 a certi-ficate, the competent national authority shall endorse the certificate ofauthenticity 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 authenti-
city corresponds to that received each week from the Commission on
the subject. The import licences shall be issued immediately thereafter.
3. Notwithstanding the fourth subparagraph of paragraph 2, the
competent national authorities may, in exceptional cases and on dulyreasoned application, issue import licences on the basis of the relevantcertificates of authenticity before the information from the Commissionis received. Insuch cases, the security for the import licen ces
►
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►
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 certifi-cates of 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 incum-bent on it or if a new issuing authority is designated.1997R0996 — EN — 14.04.2003 — 004.001 — 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
competen t authorities inthe Member State inwhich the applican t 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. onthe stipulated day.
3. The Commissionshall decide as rapidly as possible to what
extent applications may be accepted. If the quantities for whichlicences are applied for exceed the quantities available, the Commis-
sion 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, Regula-
tions (EEC) No 3719/88 and (EC) No 1445/95 shall apply.
2. By way of derogationfrom Article 8 (4) of Regulation(EEC) No
3719/88, the full import duty provided for inthe CommonCustomsTariff shall be charged onquan tities inexcess of those stated onimport
licences.
Article 12
This Regulation shall enter into force on 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1997R0996 — EN — 14.04.2003 — 004.001 — 5
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ANNEX I
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ANNEX II
LIST OF AUTHORITIES IN ARGENTINA EMPOWERED TO ISSUE
CERTIFICATESOFAUTHENTICITY
Secretaría deAgricultura,Ganadería,PescayAlimentos(SAGPyA)
for thin skirt originating in Argentina as specified in Article 1 (3) (a).1997R0996 — EN — 14.04.2003 — 004.001 — 7
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