1997R0996 — EN — 17.07.1997 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 996/97
of 3 June 1997
ontheopeningandadministrationofanimporttariffquotaforfrozenthinskirtofbovineanimals
falling within CN code 02062991
(OJ L 144, 4.6.1997, p. 6)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2048/97 of 20 October 1997 L 287 10 21.10.1997
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COMMISSION REGULATION (EC) No 996/97
of 3 June 1997
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 nego-tiations (
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 beopened on a multiannual basis for periods of 12 months commencing on1 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 andadvance-fixing certificates for agricultural products; whereas Commis-sion Regulation (EC) No 1445/95 (
4), as lastamended by Regulat ion
(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 is requiredto issue certificates of authenticity guaranteeing the origin of the prod-ucts concerned; whereas the layout of those certificates and the proced-ures 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 guaran-tees 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 shouldbe subject to verification inter alia of the information given on certi-ficates 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 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,
(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.
1997R0996 — EN — 17.07.1997 — 001.001 — 3
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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 multiannualbasis for an annual volume of 1 500 tonnes for periods from 1 July to30 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 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 °C 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. The validity of 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 outin one original and atleastone 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-inafter ‘the issuing authority'). The copies shall bear the same serialnumber as the original.
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 thestamp of the issuing authority and the signature of the person or personsempowered 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.
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2. The original of the certificate of authenticity drawn up in accord-
ance with Articles 3, 4 and 6 plus a copy thereof shall be presented tothe competent national authority together with the application for thefirst 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 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 authen-ticity corresponds to that received each week from the Commission onthe 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. In such cases, the security for the import licences referred toin Article 11 (1) shall be ECU 50 per 100 kg net weight. After receivingthe information concerning the certificate, the Member States shallreplace the security by that of ECU 12 per 100 kg net weight referred toin Article 11 (1).
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 incum-bent on it or if a new issuing authority is designated.
Article 7
In order to qualify for the import arrangements referred to in Article 1
(3) (b):
(a) applicants must be natural or legal persons who, at the time the
application is submitted, have for at least 12 months been engagedin trade in beef and/or veal between Member States or with thirdcountries and who are registered in a Member State for VATpurposes;
(b) the licence application lodged by the applicant may relate to a
maximum of 80 tonnes;
(c) the country of origin shall be indicated in section 8 of licence
applications and of the licences themselves;
(d) section 20 of licence applications and of the licences themselves
shall contain one of the following entries:
— 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(Regulat ion (EC) No 996/97)— Hampe [règlement(CE) n
o996/97]
— Pezzi detti ‘hampes' [regolamento (CE) n. 996/97]— Omloop (Verordening (EG) nr. 996/97)
1997R0996 — EN — 17.07.1997 — 001.001 — 5
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— Diafragma [Regulamento (CE) n.o996/97]
— Kuveliha (asetus (EY) N:o 996/97)— Mellangärde (förordning (EG) nr 996/97).
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 ofthe 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 asingle 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 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.
3. The second subparagraph of Article 14 (3) of Regulation (EEC)
No 3719/88 shall notapply.
4. By way of derogation from Article 33 (3) (b) (ii) of Regulation
(EEC) No 3719/88, the maximum time allowed for providing proof ofimport with loss of only 15 % of the security shall be four months.
Article 10
1. Not later than three weeks after importation of the product speci-
fied in this Regulation, the importer shall notify to the competentnational authority which issued the import licence the quantity andorigin of the imported product. That authority shall forward the infor-mation to the Commission at the beginning of each month.
2. Not later than four months after the end of each half of the year of
import, the competent national authority shall notify the Commission ofthe quantities of product referred to in Article 1 for which importlicences have been used during the previous half of the year of import,such quantities being broken down by country of origin.
Article 11
1. On submission of an import licence application, importers shall
lodge a security to cover the import licence of ECU 12 per 100kilograms of product, notwithstanding Article 4 of Regulation (EC) No1445/95, and a security to cover notification to the competent nationalauthority of the information referred to in Article 10 (1) of this Regula-tion of ECU 1 per 100 kilograms of product.
2. The security relating to the notification shall be released if the
information is forwarded to the competent national authority within the
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period specified in Article 10 (1) for the quantity covered by thatnotification. Otherwise, the security shall be forfeit.
A decision to release that security shall be taken simultaneously with
that to release the security covering the licence.
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.
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ANNEX I

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ANNEX II
LIST OF AUTHORITIES IN ARGENTINA EMPOWERED TO ISSUE
CERTIFICATES OF AUTHENTICITY
▼M1
Secretaría de agricultura, ganadería, pesca y alimentación
▼B
for thin skirt originating in Argentina as specified in Article 1 (3) (a).