Commission Regulation (EC) No 262/98 of 30 January 1998 laying down detailed rules for the application in 1998 of the arrangements applicable to imports laid down in Council Regulation (EC) No 70/97 as regards certain beef and veal products
Date: 1998-01-30
Institutions: European Commission
Subjects: Yugoslavia, beef, import, import policy, originating product, tariff quota

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Official Journal of the European Communities

31. 1. 98

COMMISSION REGULATION (EC) No 262/98

of 30 January 1998

laying down detailed rules for the application in 1998 of the arrangements
applicable to imports laid down in Council Regulation (EC) No 70/97 as regards
certain beef and veal products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 70/97 of 20
December 1996 concerning the arrangements applicable
to imports into the Community of products originating in
the Republics of Bosnia-Herzegovina and Croatia and to
imports of wine originating in the former Yugoslav Re-
public of Macedonia and the Republic of Slovenia ( 1), as
last amended by Regulation (EC) No 2636/97 ( 2), and in
particular Article 10 thereof,

Whereas Article 8 of Regulation (EC) No 70/97 provides
for 1998 for an annual tariff quota of 10 900 tonnes
expressed in carcase weight; whereas detailed rules for the
application of that quota must be laid down;

Whereas, pursuant to Article 8(3) of Regulation (EC) No
70/97, imports under that quota are subject to the pre-
sentation of an authenticity certificate attesting that the
goods are originating goods and from the issuing country
and that they correspond exactly to the definition in
Annex F to the aforementioned Regulation; whereas it is
necessary to establish a model for those certificates and
lay down detailed rules for their use;

Whereas the arrangements should be managed using
import licences; whereas to this end rules should be set
on submission of applications and the information to be
given on applications and licences, by way of derogation,
if necessary,
from certain provisions of Commission
Regulation (EEC) No 3719/88 of 16 November 1988
laying down common detailed rules for the application of
the system of import and export licences and advance-
fixing certificates
last
amended by Regulation (EC) No 1404/97 ( 4), and of
Commission Regulation (EC) No 1445/95 of 26 June
import and export
1995 on rules of application for
licences in the beef and veal sector and repealing Regula-
tion (EEC) No 2377/80 ( 5), as last amended by Regulation
(EC) No 260/98 (6);

for agricultural products ( 3), as

(1) OJ L 16, 18. 1. 1997, p. 1.
(2) OJ L 356, 31. 12. 1997, p. 16.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 194, 23. 7. 1997, p. 5.
(5) OJ L 143, 27. 6. 1995, p. 35.
(6) See page 42 of this Official Journal.

Whereas, in order to ensure proper management of the
imports of the products in question, provision should be
made for import licences to be issued subject to verifica-
tion, in particular of entries on certificates of authenticity;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

The following tariff quotas are hereby opened for

1.
the period 1 January to 31 December 1998:

— 9 400 tonnes of

‘baby beef’, expressed in carcase

weight, originating in and coming from Croatia,

— 1 500 tonnes of

‘baby beef’, expressed in carcase
weight, originating in and coming from Bosnia-
Herzegovina,

The two quotas referred to in the first subparagraph shall
bear the serial numbers 09.4503 and 09.4504 respectively.

For the purposes of attributing the said quotas, 100 kilo-
grams live weight shall be equivalent to 50 kilograms
carcase weight.

The customs duty applicable under

2.
the quotas
referred to in paragraph 1 shall be 20 % of the duty laid
down in the Common Customs Tariff.

3.
Importation under the quotas referred to in para-
graph 1 shall be reserved for certain live animals and
certain meat falling within CN codes:

— ex 0102 90 51, ex 0102 90 59, ex 0102 90 71 and ex

0102 90 79,

— ex 0201 10 00 and ex 0201 20 20,

— ex 0201 20 30,

— ex 0201 20 50,

referred to in Annex F to Regulation (EC) No 70/97.

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Article 2

1.
Imports of the quantities set out in Article 1 shall be
subject to presentation, on release for free circulation, of
an import licence issued in accordance with the following
provisions:

(a) Section 8 of

the licence applications and of

the
licences themselves must show the country of origin;
licences shall carry with them an obligation to import
from the country indicated;

(b) Section 20 of

the licence applications and of

the
licences themselves shall show one of the following
endorsements:

— [«Baby beef» (Reglamento (CE) n o 262/98)]

— (»Baby beef« (forordning (EF) nr. 262/98))

— („Baby beef“ (Verordnung (EG) Nr. 262/98))
— [«Baby beef» (Jamomisl ˜or (EJ) aqih. 262/98)]
— (‘Baby beef’

(Regulation (EC) No 262/98))

— [«Baby beef» (r(cid:138)glement (CE) n o 262/98)]

— [«Baby beef» (regolamento (CE) n. 262/98)]

— („Baby beef” (Verordening (EG) nr. 262/98))

— [«Baby beef» (Regulamento (CE) nº 262/98)]

— (”Baby beef” (asetus (EY) N:o 262/98))

— (”Baby beef” (f(cid:148)rordning (EG) nr 262/98));

(c) the original of the certificate of authenticity drawn up
in accordance with Articles 3 and 4 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.

The original of the certificate of authenticity shall be
kept by the abovementioned authority;

(d) 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 endorse the certificate of
authenticity to show the quantity attributed;

(e) 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.

the competent
2. Notwithstanding paragraph 1(c),
authorities may,
in exceptional cases and on duly
reasoned application, issue import licences on the basis of
the relevant certificates of authenticity before the infor-
mation from the Commission is received. In such cases,
the security for the import licences shall be ECU 25 per
100 kilograms net weight in the case of live animals and
ECU 50 per 100 kilograms net weight in the case of meat.

After having received the information relating to the
certificate, Member States shall replace this security with
that referred to in Article 5(1).

Article 3

The certificates of authenticity referred to in Article
1.
2 shall be made out in one original and two copies, to be
printed and completed in one of the official languages of
the European Community, in accordance with the model
in Annexes I and II respectively for the two countries
concerned; they 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 original and copies thereof may be typed or
handwritten. In the latter case, they must be completed in
black ink and in block capitals.

3.
The certificate forms shall measure 210 (cid:253) 297 mm.
The paper used shall weigh not less than 40 g/m 2. The
original shall be white, the first copy pink and the second
copy yellow.

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.

Certificates shall be valid only if

5.
endorsed by an issuing authority listed in Annex III.

they are duly

6.
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;

(b) undertake to verify entries on the certificates;

(c) undertake to forward to the Commission at least once
per 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 (live animals/meat), the net
weight and the date of signature, to be verified.

2.
The list may be revised where the requirement
referred to in paragraph 1(a) is no longer met or where an
issuing authority fails to fulfil any of
the obligations
incumbent on it.

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31. 1. 98

Article 5

1.
The security for import licences shall be ECU 5 per
100 kilograms net weight in the case of live animals and
ECU 12 per 100 kilograms net weight in the case of meat.
Such securities shall be lodged when the licences are
issued.

Certificates of authenticity and import licences shall
2.
be valid for three months from their respective dates of
issue. However, their term of validity shall expire on 31
December 1998.

Article 6

1.
The provisions of Regulations (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 in

the Common Customs Tariff (CCT) shall be charged on
quantities in excess of those stated on import licences.

Article 7

The authorities of the Republics of Croatia and Bosnia-
Herzegovina shall communicate to the Commission of
the European Communities specimens of
the stamp
imprints used by their issuing authorities and the names
and signatures of the persons empowered to sign certifi-
cates of authenticity. The Commission shall communicate
this information to the competent authorities of
the
Member States.

Article 8

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

It shall apply from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 30 January 1998.

For the Commission

Franz FISCHLER
Member of the Commission

1. Consignor (full name and address)

CERTIFICATE No 0000

ANNEX I

ORIGINAL

CROATIA

2. Consignee (full name and address)

CERTIFICATE OF AUTHENTICITY

for exports to the EC of bovine animals and meat of bovine an-
imals

(application of Regulation (EC) No 262/98)

NOTES

A. This certificate shall be prepared in one original and two copies.

B. The original and its two copies shall be typewritten or completed by hand; in the latter case, they must be completed in block

letters in ink.

3. Marks, numbers, number and nature of packages or head of cattle;

4. Combined

description of goods

Nomenclature
subheading

5. Gross
weight
(kg)

6. Net

weight
(kg)

7. Net weight (kg) (in words)

8. I, the undersigned ...................................................................., acting on behalf of the authorised issuing body (box No 9)
................................................ , in accordance
certify that the goods described above were subjected to health inspection at
with the attached veterinary certificate of ................................................., originate in and come from the Republic of Croatia
and correspond exactly to the definition contained in Annex F to Council Regulation (EC) No 70/97 of 20 December 1996 con-
cerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzego-
vina and Croatia (OJ L 16, 18. 1. 1997, p. 1).

9. Authorised issuing body

Place:

Date:

(Stamp of
issuing body)

...................................
(Signature)

1. Consignor (full name and address)

ANNEX II

CERTIFICATE No 0000

ORIGINAL

BOSNIA-HERZEGOVINA

2. Consignee (full name and address)

CERTIFICATE OF AUTHENTICITY

for exports to the EC of bovine animals and meat of bovine an-
imals

(application of Regulation (EC) No 262/98)

NOTES

A. This certificate shall be prepared in one original and two copies.

B. The original and its two copies shall be typewritten or completed by hand; in the latter case, they must be completed in block

letters in ink.

3. Marks, numbers, number and nature of packages or head of cattle;

4. Combined

description of goods

Nomenclature
subheading

5. Gross
weight
(kg)

6. Net

weight
(kg)

7. Net weight (kg) (in words)

8. I, the undersigned ...................................................................., acting on behalf of the authorised issuing body (box No 9)
................................................ , in accordance
certify that the goods described above were subjected to health inspection at
with the attached veterinary certificate of ................................................, originate in and come from the Republic of Bosnia-
Herzegovina and correspond exactly to the definition contained in Annex F to Council Regulation (EC) No 70/97 of 20 December
1996 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-
Herzegovina and Croatia (OJ L 16, 18. 1. 1997, p. 1).

9. Authorised issuing body

Place:

Date:

(Stamp of
issuing body)

...................................
(Signature)

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ANNEX III

Issuing bodies:

— Republic of Croatia:

‘Euroinspekt’, Zagreb, Croatia,

— Republic of Bosnia-Herzegovina: