Commission Regulation (EC) No 980/2000 of 11 May 2000 opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 (1 July 2000 to 30 June 2001)
Date: 2000-05-11
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import, tariff quota

12.5.2000

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 980/2000

of 11 May 2000

opening and providing for the administration of a tariff quota for frozen meat of bovine animals
covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 2000 to 30 June
2001)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

for evidence to be presented of trade of some signifi-
cance in beef and veal with third countries.

Having regard to the Treaty establishing the 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
May 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 negotiations (2), and in particular Article 1(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

import quota to be
Schedule CXL requires an annual
opened for 53 000 tonnes of frozen beef covered by CN
code 0202 and products
covered by CN code
0206 29 91. Implementing rules should be laid down
for the 2000/01 quota year starting on 1 July 2000.

The arrangements for administering the quota should be
comparable to those used in the past for corresponding
quotas. These arrangements should entail the Commis-
sion's allocating part of the quantities available to tradi-
tional traders and part to traders involved in trade in
beef and veal.

Traditional importers should be allocated 80 % of the
quota, i.e. 42 400 tonnes, in proportion to the quantities
imported by them under the same type of quota during
the most
In certain cases
reference period.
administrative errors by the competent national body
are liable to restrict traders' access to this part of the
quota. Steps shoud be taken to make good any resulting
damage.

recent

Traders who can show that they are genuinely involved
in trade of some significance should be granted access to
the second part of the quota,
in
accordance with a procedure whereby the parties
concerned submit applications to be accepted by the
Commission. Proof of genuine involvement in trade calls

i.e. 10 600 tonnes,

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 146, 20.6.1996, p. 1.

(5)

(6)

(7)

(8)

(9)

In 1999 Belgian beef and veal exports were severely
affected by discussion of dioxin. As far as the figure of
10 600 tonnes is concerned, Belgium's situation as
regards exports should be taken into account when the
criteria relating to results are determined.

If such criteria are to be checked, applications must be
submitted in the Member State where the importer is
entered in a national VAT register.

Traders no longer involved in trade in beef and veal at 1
April 2000 should be denied access to the quota in
import
order
licences to traders should likewise be limited to the
import rights allocated to them.

speculation. The issue of

to prevent

Save as otherwise provided in this Regulation, Commis-
sion Regulations (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 for agricultural prod-
ucts (3), as last amended by Regulation (EC) No 1127/
1999 (4), and (EC) No 1445/95 of 26 June 1995 on
rules of application for import and export licences in the
beef and veal sector and repealing Regulation (EEC) No
2377/80 (5), as last amended by Regulation (EC) No
2648/98 (6), are applicable to import
licences issued
under this Regulation.

Effective management of the quota and fraud prevention
in particular require used licences to be returned to the
competent authorities so they can check that the quant-
ities shown therein are correct. The competent authori-
ties must accordingly be under an obligation to carry
out such checks. The security to be lodged when licences
are issued should be fixed at a level that ensures licences
are actually used and returned to the competent authori-
ties.

(10)

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

(3) OJ L 331, 2.12.1988, p. 1.
(4) OJ L 135, 29.5.1999, p. 48.
(5) OJ L 143, 27.6.1995, p. 35.
(6) OJ L 335, 10.12.1998, p. 39.

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HAS ADOPTED THIS REGULATION:

— exported at least 300 tonnes of beef in the same period.

Article 1

1.
A tariff quota totalling 53 000 tonnes expressed in
weight of boneless meat is hereby opened for frozen meat of
bovine animals covered by CN code 0202 and products
covered by CN code 0206 29 91 for the period 1 July 2000 to
30 June 2001.

The serial number of the tariff quota shall be 09.4003.

For this purpose, ‘beef’ means products covered by CN codes
0201, 0202 and 0206 29 91, and the minimum reference
quantities shall be expressed in terms of product weight.

Notwithstanding the second indent, the period of export for
established traders entered in the VAT register in Belgium since
1 April 1997 shall run from 1 April 1997 to 31 March 1999.

3.
The 10 600 tonnes referred to in paragraph 2 shall be
allocated in proportion to the quantities applied for by eligible
traders.

For the purpose of the said quota, 100 kilograms of bone-in
meat shall be equivalent to 77 kilograms of boneless meat.

4.
Proof of import and export shall be furnished solely by
means of customs documents of release for free circulation and
export documents.

For the purposes of this Regulation, ‘frozen meat’ means
2.
meat which is frozen and has an internal
temperature of
–12 °C or lower when it enters the customs territory of the
Community.

Member States may accept copies of the abovementioned docu-
ments duly certified by the competent authorities.

3.
The Common Customs Tariff duty applicable to the
quota provided for in paragraph 1 shall be 20 % ad valorem.

Article 3

Article 2

The quota provided for in Article 1 shall be divided into

1.
two parts as follows:

(a) the first, equalling 80 % or 42 400 tonnes, shall be appor-
tioned among Community importers in proportion to the
quantities imported by them under Commission Regula-
tions (EC) No 1042/97 (1), (EC) No 1142/98 (2) and (EC) No
995/1999 (3) before 1 April 2000.

However, the Member States may accept as the reference
quantity import rights for the preceding year which were
not allocated because of an administrative error by the
competent national body;

(b) the second, equalling 20 % or 10 600 tonnes, shall be
apportioned among traders who can prove that they have
been engaged for a certain period in trade in beef and veal
with third countries, involving a minimum quantity other
than the quantities taken into consideration under (a) and
excluding meat which is the subject of inward or outward
processing arrangements.

2.
For the purposes of paragraph 1(b), the 10 600 tonnes
shall be allocated to traders who can furnish proof that they
have:

— imported at least 160 tonnes of beef in the period 1 April
1998 to 31 March 2000 other than quantities imported
under Regulations (EC) No 1042/97, (EC) No 1142/98 and
(EC) No 995/1999, or

(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.

1.
Traders who were no longer engaged in trade in beef and
veal at 1 April 2000 shall not qualify under the arrangements
provided for in this Regulation.

2.
Companies arising from mergers where each constituent
undertaking has rights pursuant to Article 2(1)(a) shall enjoy
the same rights as 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 29 May
2000 to the competent authority in the Member State where
the applicant is entered in the national 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 following to the Commission
before 12 June 2000:

— in respect of the arrangements under Article 2(1)(a), a list of
eligible importers, including in particular their names and
addresses and the quantities of eligible meat
imported
during the reference period concerned,

— in respect of the arrangements under to Article 2(1)(b), a
list of applicants, including in particular their names and
addresses and the quantities applied for.

All communications, including nil returns, shall be sent

3.
by fax using the forms in Annexes I and II.

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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 the quantities applied for by a fixed percentage.

Article 6

The quantities allocated shall be imported subject

1.
presentation of one or more import licences.

to

2.

Licence applications may be lodged solely:

— in the Member State where the applicant has applied for

import rights,

— by traders allocated import rights. The import rights allo-
cated to traders shall entitle them to be issued with import
licences for a quantity equal to the rights allocated.

3.
Following decisions on allocation by the Commission in
accordance with Article 5, import licences shall be issued on
application and in the names of the traders who have obtained
rights to import.

4.

Licence applications and licences shall contain:

(a) one of the following entries in section 20:

— Carne de vacuno congelada [Reglamento (CE) no 980/

2000]

— Frosset oksekød (forordning (EF) nr. 980/2000)
— Gefrorenes Rindfleisch (Verordnung (EG) Nr. 980/2000)
— Κατεψυγµένο βόειο κρέας [Κανονισµός (ΕΚ) αριθ. 980/

2000]

— Frozen meat of bovine animals (Regulation (EC) No

980/2000)

— Viande bovine congelée [Règlement (CE) no 980/2000]
— Carni bovine congelate [Regolamento (CE) n. 980/

2000]

— Jäädytettyä naudanlihaa (asetus (EY) N:o 980/2000)
— Fryst kött av nötkreatur (förordning (EG) nr 980/2000);

(b) the country of origin in section 8;

(c) one of the following groups of CN codes in section 16:

— 0202 10 00, 0202 20,
— 0202 30, 0206 29 91.

Article 7

For the purpose of applying the arrangements provided for in
this Regulation, the frozen meat shall be imported into the
customs territory of the Community subject to the conditions
laid
of Council Directive
17(2)(f)
72/462/EEC (1).

in Article

down

Article 8

1.
Regulations (EEC) No 3719/88 and (EC) No 1445/95
shall apply, save where otherwise provided in this Regulation.

2.
Notwithstanding Article 8(4) of Regulation (EEC) No
3719/88, the full common customs tariff duty applicable on
the date of release for free circulation shall be payable on all
quantities exceeding those shown on the import licence.

3.
Import licences issued pursuant to this Regulation shall
be valid for 90 days from their date of issue. However, no
licences shall be valid before 1 July 2000 or after 30 June
2001.

4.
The security relating to the import licences shall amount
to EUR 35 per 100 kilograms net weight. It shall be lodged
together with the licence application.

5. Where import licences are returned with a view to the
release of the security, the competent authorities shall check
that the quantities shown on the licences are the same as those
shown on the licences at the time of issue. Where licences are
not returned, the Member States shall carry out an investigation
to establish who has used them and for what quantities. The
Member States shall
inform the Commission at the earliest
opportunity of the results of their investigations.

Article 9

— Bevroren rundvlees (Verordening (EG) nr. 980/2000)
— Carne de bovino congelada [Regulamento (CE) n.o 980/

2000]

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.

Done at Brussels, 11 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 302, 31.12.1972, p. 28.

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Official Journal of the European Communities

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EC fax: (32-2) 296 60 27/295 36 13

ANNEX I

Application of the first indent of Article 4(2) of Regulation (EC) No 980/2000

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF AND VEAL SECTOR

APPLICATION FOR IMPORT RIGHTS

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Number of
applicant (1)

Applicant
(name and address)

Quantity imported

1042/97

1142/98

995/1999

Total

Total

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Continuous numbering.

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EC fax: (32-2) 296 60 27/295 36 13

ANNEX II

Application of the second indent of Article 4(2) of Regulation (EC) No 980/2000

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF AND VEAL SECTOR

APPLICATION FOR IMPORT RIGHTS

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Number of
applicant (1)

Applicant
(name and address)

Quantity

Proof (2)

Import

Export

Total

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Continuous numbering.
(2) Indicate whether proof is based on import or export.