2001R1080 — EN — 05.06.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1080/2001
of1June2001
openingandproviding for the administrationof atariff quotafor frozen meat ofbovine animals
covered by CN code 0202 and products covered by CN code 02062991 (1 July 2001 to 30 June
2002)
(OJ L 149, 2.6.2001, p. 11)
Corrected by:
►C1Corrigendum, OJ L 165, 21.6.2001, p. 66 (1080/2001)
▼B
COMMISSIONREGULATION(EC)No1080/2001
of1June2001
opening and providing for the administration of a tariff quota for
frozen meat of bovine animals covered by CN code 0202 andproducts covered by CN code 02062991 (1 July 2001 to 30 June
2002)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe 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 Article 32(1) thereof,
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)negotiations(
2), and in particular Article 1(1) thereof,
Whereas:
(1)Schedule CXL requires an annual import quota to be opened for
53000 tonnes of frozen beef covered by CN code 0202 andproducts covered by CN code 0206 2991. Implementingrulesshould be laid down for the 2001/02 quota year startingon 1 July
2001.
(2)For the allocation of the quota the method laid down in the third
indent of Article 32(2) of Regulation (EC) No 1254/1999 shouldbe applied, avoidingdiscrimination between the traders
concerned. Access to the quota should therefore be extended to
those traders known as ‘new arrivals’.
(3)Traditional importers should consequently be allocated 70 % ofthe quota, i.e. 37100 tonnes, in proportion to the quantities
imported by them under the same type of quota duringthe period
1 July 1997 to 30 June 2000. In certain cases administrative errorsby the competent national body are liable to restrict traders'access to this part of the quota. Steps should be taken to makegood any resulting damage.
(4)Traders who can show that they are genuinely involved in trade ofsome significance should be granted access to the second part ofthe quota, i.e. 15 900 tonnes, in accordance with a procedurewhereby the parties concerned submit applications to be accepted
by the Commission. Proof of genuine involvement in trade calls
for evidence to be presented of trade of some significance in beefand veal with non-member countries duringthe period 1 July1998 to 30 June 2000.
(5)In 1999 Belgian beef and veal exports were severely affected bydiscussion of dioxin. As far as the figure of 15900 tonnes isconcerned, Belgium's situation as regards exports should be takeninto account when the criteria relatingto results are determined.
(6)If such criteria are to be checked, applications must be submittedin the Member State where the importer is entered in the nationalVAT register.
(7)In order to prevent speculation:
— traders no longer involved in trade in beef and veal at 1 June
2001 should be denied access to the quota,2001R1080 — EN — 05.06.2001 — 000.001 — 2
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 146, 20.6.1996, p. 1.
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— a security relatingto import rig hts should be fixed,
— the possibility of transferringimport licences should be
excluded,
— the issue of import licences to traders should be limited to the
import rights allocated to them.
(8)To oblige traders to apply for import licences for all the import
rights allocated, it should be established that obligationconstitutes a primary requirement within the meaningofCommission Regulation (EEC) No 2220/85 of 22 July 1985
layingdown common detailed rules for the application of the
system of securities for agricultural products(
1), as last amended
by Regulation (EC) No 1932/1999(2).
(9)Save as otherwise provided in this Regulation, CommissionRegulation (EC) No 1291/2000 of 9 June 2000 laying downcommon detailed rules for the application of the system of import
and export licences and advance-fixingcertificates for ag ricul-
tural products(
3) and Commission Regulation (EC) No 1445/95 of
26 June 1995 on rules of application for import and exportlicences in the beef and veal sector and repealingReg ulation(EEC) No2377/80(
4), as last amended by Regulation (EC) No24/
2001(5), are applicable to import licences issued under this
Regulation.
(10)Effective management of the quota and fraud prevention inparticular require used licences to be returned to the competentauthorities so they can check that the quantities shown therein are
correct. The competent authorities must accordingly be under an
obligation to carry out such checks. The security to be lodgedwhen licences are issued should be fixed at a level that ensureslicences are actually used and returned to the competentauthorities.
(11)The Management Committee for Beef and Veal has not delivered
an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. A tariff quota totalling53000 tonnes expressed in weig ht of
boneless meat is hereby opened for frozen meat of bovine animalscovered by CN code 0202 and products covered by CN code 0206 29 91for the period 1 July 2001 to 30 June 2002.
The serial number of the tariff quota shall be 09.4003.For the purposes of 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
which is frozen and has an internal temperature of –12 ºC or lower whenit enters the customs territory of the Community.
3. The Common Customs Tariff duty applicable to the quota
provided for in paragraph 1 shall be 20 % ad valorem .
Article 2
1. The quota provided for in Article 1 shall be divided into two parts
as follows:
(a) the first, equalling70 % or 37100 tonnes, shall be apportioned
amongCommunity importers in proportion to the quantities2001R1080 — EN — 05.06.2001 — 000.001 — 3
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 143, 27.6.1995, p. 35.
(5) OJ L 3, 6.1.2001, p. 9.
▼B
imported by them under Commission Regulation (EC) No 1042/
97(1), (EC) No 1142/98(2) and (EC) No 995/1999(3).
However, the Member States may accept as the reference quantity
import rights for the preceding year which were not allocatedbecause of an administrative error by the competent national bodybut to which the importer would have been entitled;
(b) the second, equalling30 % or 15900 tonnes, shall be apportioned
among traders who can prove that they have been engaged for acertain period in trade in beef and veal with non-member countries,involvinga minimum quantity other than the quantities taken intoconsideration under (a) and excludingmeat which is the subject of
inward or outward processingarrang ements.
2. For the purposes of paragraph 1(b), the 15 900 tonnes shall be
allocated to traders who can furnish proof that they have:
— imported at least 220 tonnes of beef in the period 1 July 1998 to 30
June 2000 other than quantities imported under Regulations (EC) No
1142/98 and (EC) No 995/1999, or
— exported at least 450 tonnes of beef in the same period.
For this purpose, ‘beef’ means products covered by CN codes 0201,
0202 and 020629 91, and the minimum reference quantities shall beexpressed in terms of product weight.
Notwithstandingthe second indent, the period of export for established
traders entered in the VAT register in Belgium since 1 July 1997 to 30June 1999.
3. The 15900 tonnes referred to in paragraph 2 shall be allocated in
proportion to the quantities applied for by eligible traders.
4. Proof of import and export shall be furnished solely by means of
customs documents of release for free circulation and export documents.
Member States may accept copies of the abovementioned documents
duly certified by the competent authorities.
Article 3
1. Traders who were no longer engaged in trade in beef and veal at 1
June 2001 shall not qualify under the arrangements provided for in thisRegulation.
2. Companies arisingfrom merg ers where each constituent under-
taking has rights pursuant to Article 2(1)(a) shall enjoy the same rightsas the undertakings from which they are formed.
Article 4
1. Together with the proof referred to in Article 2(4), applications for
import rights shall be submitted before 11 June 2001 to the competentauthority in the Member State where the applicant is entered in thenational VAT register. Where an applicant submits more than one
application under either of the arrangements referred to in Article 2(1)(a)
or (b), all such applications shall be inadmissible.
Applications pursuant to Article 2(1)(b) shall not cover more than 50
tonnes of frozen boneless meat overall.
2. After the documents submitted have been verified, the Member
States shall forward the followingto the Commission before 25 June2001:
— in respect of the arrangements under Article 2(1)(a), a list of eligible
applicants, includingin particular their names and addresses and thequantities of eligible meat imported during the reference periodconcerned,2001R1080 — EN — 05.06.2001 — 000.001 — 4
(1) OJ L 152, 11.6.1997, p. 2.
(2) OJ L 159, 3.6.1998, p. 11.
(3) OJ L 122, 12.5.1999, p. 3.
▼B
— in respect of the arrangements under Article 2(1)(b), a list of eligible
applicants, includingin particular their names and addresses and thequantities applied for and an indication as to whether proof of import
or export was furnished.
3. All communications, includingnil returns, shall be sent by fax
usingthe forms in Annexes I and II.
Article 5
1. The Commission shall decide as soon as possible on the extent to
which quantities covered by applications may be accepted.
2. Where the quantities covered by applications for import rights
exceed the quantities available, the Commission shall reduce thequantities applied for by a fixed percentage.
Article 6
1. The security relatingto the import rig hts shall be EUR 6 per 100
kilograms net weight. It must be deposited with the competent authoritytogether with the application for import rights.
2. Import licence applications must be made for the quantity
allocated. This obligation shall constitute a primary requirement withinthe meaningof Article 20(2) of Reg ulation (EEC) No 2220/85.
3. If the decision on allocation by the Commission in accordance
with Article 5 results in application of a reduction percentage, thesecurity provided shall be released for the import rights applied for inexcess of the rights allocated.
Article 7
1. Imports of the quantities allocated shall be subject to presentation
of one or more import licences.
2. Licence applications may be lodged solely:
— in the Member State where the applicant has applied for import
rights,
— by traders allocated import rights. Import rights allocated to traders
shall entitle them to import licences for quantities equivalent to the
rights allocated.
3. Followingdecisions on allocation by the Commission in
accordance with Article 5, import licences shall be issued on applicationand in the names of the traders who have obtained import rights.
4. Licence applications and licences shall contain the following
entries:
(a) one of the followingentries in section 20:
— Carne de vacuno congelada [Reglamento (CE) n
o1080/2001]
— Frosset oksekød [Forordning(EF) nr. 1080/2001]— Gefrorenes Rindfleisch (Verordnung(EG) Nr. 1080/2001)—Κατεψυγµένο βόειο κρέας [Κανονισµός (ΕΚ) αριθ. 1080 /
2001]
— Frozen meat of bovine animals [Regulation (EC) No 1080/2001]— Viande bovine congelée [Règlement (CE) n
o1080/2001]
— Carni bovine congelate [Regolamento (CE) n. 1080/2001]
— Bevroren rundvlees (Verordening(EG) nr. 1080/2001)
— Carne de bovino congelada [Regulamento (CE) n.o1080/2001]
— Jäädytettyä naudanlihaa (Asetus (EY) N:o 1080/2001)
— Fryst kött av nötkreatur (Förordning(EG) nr 1080/2001);
(b) the country of origin in section 8;2001R1080 — EN — 05.06.2001 — 000.001 — 5
▼B
(c) one of the followingg roups of CN codes in section 16:
— 0202 10 00, 020220
— 0202 30, 0206 2991
Article 8
For the purpose of applyingthe arrang ements provided for in this
Regulation, the frozen meat shall be imported into the customs territoryof the Community subject to the conditions laid down in Article 17(2)(f)of Council Directive 72/462/EEC(
1).
Article 9
1. Regulations (EC) Nos 1291/2000 and (EC) No 1445/95 shall
apply, save where otherwise provided in this Regulation.
2. NotwithstandingArticle 9(1) of Reg ulation (EEC) No 1291/2000,
import licences issued pursuant to this Regulation shall not betransferable and shall confer the right to use the tariff quotas only ifmade out in the nature entered on the declaration of release for freecirculation accompanyingthem.
3. Pursuant to Article 50(1) of Regulation (EEC) No 1291/2000, the
full Common Customs Tariff duty applicable on the date of release for
free circulation shall be collected in respect of all quantities imported in
excess of those shown on the import licence.
4. Import licences shall be valid for 90 days from their date of issue
as defined in Article 23(1) of Regulation (EEC) No 1291/2000.However, no licence shall be valid after 30 June 2002.
5. The security relatingto the import licences shall be EUR 35 per
100 kilograms net weight. It shall be lodged together with the licence
application.
6. Where import licences are returned with a view to the release of
the security, the competent authorities shall check that the quantitiesshown on the licences are the same as those shown on the licences at thetime of issue. Where licences are not returned, the Member States shallcarry out an investigation to establish who has used them and for whatquantities. The Member States shall inform the Commission at the
earliest opportunity of the results of their investigations.
Article 10
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R1080 — EN — 05.06.2001 — 000.001 — 6
(1) OJ L 302, 31.12.1972, p. 28.▼C1
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ANNEX I
Fax (32-2) 296 60 27/(32-2) 295 36 13
ApplicationofthefirstindentofArticle 4(2)ofRegulation(EC)No1080/2001
Serial No 09.4003
2001R1080 — EN — 05.06.2001 — 000.001 — 7
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ANNEX II
Fax (32-2) 296 60 27/(32-2) 295 36 13
ApplicationofthesecondindentofArticle 4(2)ofRegulation(EC)No1080/2001
Serial No 09.4003
2001R1080 — EN — 05.06.2001 — 000.001 — 8