Commission Regulation (EC) No 1080/2001 of 1 June 2001 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 02062991 (1 July 2001 to 30 June 2002)
Date: 2001-06-01
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import licence, tariff quota

2.6.2001

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Official Journal of the European Communities

L 149/11

COMMISSION REGULATION (EC) No 1080/2001

of 1 June 2001

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 2001 to 30 June
2002)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
June 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)

Schedule CXL requires an annual
import quota to be
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 2001/02 quota year starting on 1 July 2001.

For the allocation of the quota the method laid down in
the third indent of Article 32(2) of Regulation (EC) No
1254/1999 should be applied, avoiding discrimination
between the traders concerned. Access to the quota
should therefore be extended to those traders known as
‘new arrivals’.

Traditional importers should consequently be allocated
70 % of the quota, i.e. 37 100 tonnes, in proportion to
the quantities imported by them under the same type of
quota during the period 1 July 1997 to 30 June 2000.
In certain cases administrative errors by the competent
national body are liable to restrict traders' access to this
part of the quota. Steps should be taken to make good
any resulting damage.

(4)

Traders who can show that they are genuinely involved
in trade of some significance should be granted access to
in
the second part of the quota,

i.e. 15 900 tonnes,

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

accordance with a procedure whereby 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 signifi-
cance in beef and veal with non-member countries
during the period 1 July 1998 to 30 June 2000.

In 1999 Belgian beef and veal exports were severely
affected by discussion of dioxin. As far as the figure of
15 900 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 the national VAT register.

(5)

(6)

(7)

In order to prevent speculation:

(8)

(9)

— traders no longer involved in trade in beef and veal
at 1 June 2001 should be denied access to the quota,

— a security relating to import rights should be fixed,

— the possibility of transferring import licences should

be excluded,

— the issue of import licences to traders should be
limited to the import rights allocated to them.

To oblige traders to apply for import licences for all the
it should be established that
import rights allocated,
obligation constitutes a primary requirement within the
meaning of Commission Regulation (EEC) No 2220/85
of 22 July 1985 laying down common detailed rules for
the application of the system of securities for agricul-
tural products (3), as last amended by Regulation (EC) No
1932/1999 (4).

the system of

import and export

Save as otherwise provided in this Regulation, Commis-
sion Regulation (EC) No 1291/2000 of 9 June 2000
laying down common detailed rules for the application
of
licences and
advance-fixing certificates for agricultural products (5)
and Commission Regulation (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 Regula-
tion (EEC) No 2377/80 (6), as last amended by Regula-
tion (EC) No 24/2001 (7), are applicable to import
licences issued under this Regulation.

(3) OJ L 205, 3.8.1985, p. 5.
(4) OJ L 240, 10.9.1999, p. 11.
(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 143, 27.6.1995, p. 35.
(7) OJ L 3, 6.1.2001, p. 9.

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(10)

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.

(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 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 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.

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.

other than the quantities taken into consideration under (a)
and excluding meat which is the subject of
inward or
outward processing arrangements.

For the purposes of paragraph 1(b), the 15 900 tonnes
2.
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 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 July 1997 to 30 June 1999.

3.
The 15 900 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 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 70 % or 37 100 tonnes, shall be appor-
tioned among Community importers in proportion to the
quantities 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 allocated because of an administrative error by the
competent national body but to which the importer would
have been entitled;

(b) the second, equalling 30 % or 15 900 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 non-member countries, involving a minimum quantity

(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.

Traders who were no longer engaged in trade in beef and
1.
veal at 1 June 2001 shall not qualify under the arrangements
provided for in this Regulation.

Companies arising from mergers where each constituent
2.
undertaking has rights pursuant to Article 2(1)(a) shall enjoy
the same rights as the undertakings from which they are
formed.

Article 4

Together with the proof referred to in Article 2(4),
1.
applications for import rights shall be submitted before 11
June 2001 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.

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After the documents submitted have been verified, the
2.
Member States shall forward the following to the Commission
before 25 June 2001:

— in respect of the arrangements under Article 2(1)(a), a list of
eligible applicants, 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 Article 2(1)(b), a list
including in particular their names
of eligible applicants,
and addresses and the quantities applied for and an indica-
tion as to whether proof of import or export was furnished.

All communications, including nil returns, shall be sent

3.
by fax using the 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 the quantities applied for by a fixed percentage.

Article 6

The security relating to the import rights shall be EUR 6
1.
per 100 kilograms net weight. It must be deposited with the
competent authority together with the application for import
rights.

Import

licence applications must be made for

2.
the
quantity allocated. This obligation shall constitute a primary
requirement within the meaning of Article 20(2) of Regulation
(EEC) No 2220/85.

If

3.
the decision on allocation by the Commission in
accordance with Article 5 results in application of a reduction
percentage,
the security provided shall be released for the
import rights applied for in excess of the rights allocated.

application and in the names of the traders who have obtained
import rights.

Licence applications and licences

4.
following entries:

shall contain the

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

— Carne de vacuno congelada [Reglamento (CE) no 1080/

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) no 1080/

2001]

— Carni bovine congelate [Regolamento (CE) n. 1080/

2001]

— Bevroren rundvlees (Verordening (EG) nr. 1080/2001)

— Carne de bovino congelada [Regulamento (CE) n.o

1080/2001]

— 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;

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

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

Article 8

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 down in Article 17(2)(f) of Council Directive 72/
462/EEC (1).

Article 9

Article 7

1.
Regulations (EC) Nos 1291/2000 and (EC) No 1445/95
shall apply, save where otherwise provided in this Regulation.

Imports of the quantities allocated shall be subject to

1.
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 quant-
ities equivalent to the rights allocated.

2.
Notwithstanding Article 9(1) of Regulation (EEC) No
1291/2000, import licences issued pursuant to this Regulation
shall not be transferable and shall confer the right to use the
tariff quotas only if made out in the nature entered on the
declaration of release for free circulation accompanying them.

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.

3.
Following decisions on allocation by the Commission in
accordance with Article 5, import licences shall be issued on

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

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Import licences shall be valid for 90 days from their date
4.
of issue as defined in Article 23(1) of Regulation (EEC) No
1291/2000. However, no licence shall be valid after 30 June
2002.

The security relating to the import

5.
EUR 35 per 100 kilograms net weight.
together with the licence application.

licences shall be
It shall be lodged

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 10

6. 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

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, 1 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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Fax (32-2) 296 60 27/(32-2) 295 36 13

ANNEX I

Application of the first indent of Article 4(2) of Regulation (EC) No 1080/2001

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF AND VEAL SECTOR

Import rights application

Date:

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

Number of
applicant (1)

Applicant
(name and address)

Quantity imported

Total

1042/97

1142/98

995/1999

Total

Member State: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.

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

(1) Continuous numbering.

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Fax (32-2) 296 60 27/(32-2) 295 36 13

ANNEX II

Application of the second indent of Article 4(2) of Regulation (EC) No 1080/2001

Serial No 09.4003

COMMISSION OF THE EUROPEAN COMMUNITIES

DG AGRI/D/2 — BEEF AND VEAL SECTOR

Import rights application

Date:

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

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.