Commission Regulation (EC) No 954/2002 of 4 June 2002 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 2002 to 30 June 2003)
Date: 2002-06-04
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, tariff quota

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 954/2002

of 4 June 2002

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 2002 to 30 June 2003)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European Commu-
nity,

they are genuinely
Operators who can show that
involved in importing or exporting beef from or to third
countries should be able to apply for approval under
Subquota II. Proof of that involvement calls for evidence
to be presented of recent trade of some significance.

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), as last amended by Commission Regulation (EC)
No 2345/2001 (2), and in particular Article 32(1) thereof,

(6) Where there are obvious reasons to suspect that fictitious
operators have applied for registration, Member States
should proceed to a more detailed examination of the
applications.

Whereas:

(1)

(2)

(3)

(4)

The WTO-schedule CXL requires the Community to
open an annual import quota of 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 2002/2003 quota year starting on 1 July
2002.

The quota has in the past been characterised by an
increasing level of speculation. It is therefore appropriate
no longer to administer the quota through the method
referred to in the third indent of Article 32(2) of Regula-
to replace it with the
tion (EC) No 1254/1999 but
method referred to in the second indent of the same
paragraph and, at the same time, to provide for stricter
criteria for participation, so as to avoid,
in particular,
registration of fictitious operators.

Because of the relatively short time between the adop-
tion of this Regulation and the start of the quota year,
and in order to avoid disruption to trade, it is neverthe-
less appropriate to reserve part of the 2002/2003 quota
for traditional importers of frozen beef under the quota.
Consequently, the annual quota should be divided into a
Subquota I, reserved for the traditional importers, and a
Subquota II to be allocated on application by operators
approved by Member States through an approval proce-
dure.

(7)

(8)

Penalties should be determined where fictitious operators
had applied for registration or the approval was granted
on the basis of forged or fraudulent documentation.

If criteria for participation in the quota allocation are to
be checked, applications must be submitted in the
Member States where the operator is entered in the
national VAT register.

(9) With a view to providing permanent access to the quota,
Subquota II should be managed on a half-yearly basis
with a simultaneous examination of the licence applica-
tions from approved operators.

(10)

In order to prevent speculation,
importers no longer
involved in trade in beef should be denied access to the
quota and a security relating to import rights should be
fixed for each applicant under Subquota I. The licence
security should be set at a relative high level and the
licences should be
possibility of
excluded.

transferring import

(11)

In order to provide for more equal access to Subquota II
for all approved operators, each applicant may apply for
a maximum quantity to be fixed.

Subquota I should be allocated initially in form of import
rights to active importers on the basis of relevant
customs documents providing proof
they have
imported beef under the same type of quota during the
last three quota years.
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.

that

(12)

To oblige operators to apply for import licences for all
the import rights allocated, it should be established that
such 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).

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.

(3) OJ L 205, 3.8.1985, p. 5.
(4) OJ L 240, 10.9.1999, p. 11.

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(13) A proper management of the import quota requires that
the titular licence holder is a genuine importer. There-
fore, such importer should actively participate in the
purchase, transport and import of the beef concerned.
Presentation of proof of those activities should therefore
also be a primary requirement with regard to the licence
security.

(14)

(15)

The cost related to purchase and transport of small
consignments from a third country supplier might be
excessively high and discourage the use of the licence. It
is therefore appropriate to allow import of a small quan-
tity from customs bonded warehouses and provide the
consequent derogations as to the release of the security.

Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance-fixing certificates for agricultural products (1), as
last amended by Regulation (EC) No 2299/2001 (2) 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 (3), as last amended by Regula-
tion (EC) No 2492/2001 (4), are applicable to import
licences issued under this Regulation.

(16)

The Management Committee for Beef and Veal has not
delivered an opinion within the time limit set by its
Chairman,

HAS ADOPTED THIS REGULATION:

PART I

Quota

Article 1

The Common Custom Tariff duty applicable to the quota

4.
provided for in paragraph 1 shall be 20 % ad valorem.

5.
The quota referred to in paragraph 1 shall be divided into
two subquotas, Subquota I and Subquota II, each of which shall
equal 26 500 tonnes.

PART II

Subquota I

Article 2

Community operators may apply for import rights totalling a
quantity of 26 500 tonnes on the basis of
the quantities
imported by them under Commission Regulations (EC) No
1142/98 (5), (EC) No 995/1999 (6) and (EC) No 980/2000 (7).

rights under

However, Member States may accept as the reference quantity
import
the
preceding quota year which were not allocated because of an
administrative error by the competent national body but to
which the operator would have been entitled.

the quota number 09.4003 for

Article 3

Applications for import rights are valid only from opera-

1.
tors who are entered in a national VAT register.

Operators who at 1 January 2002 have ceased their activ-
2.
ities in the beef and veal sector shall not qualify for any alloca-
tion under Article 2.

Companies formed by the merger of undertakings each
3.
having rights pursuant to Article 2 shall enjoy the same rights
as the undertakings from which they were formed.

A tariff quota totalling 53 000 tonnes expressed in weight
1.
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 2002 to 30 June 2003.

Proof of import shall be provided exclusively by means of
4.
customs documents of release for home use duly endorsed by
the customs authorities.

The serial number of the tariff quota shall be 09.4003.

Member States may accept copies of the above documents duly
certified by the competent authorities.

2.
For the purposes of the said quota, 100 kilograms of
bone-in meat shall be equivalent to 77 kilograms of boneless
meat.

3.
For the purposes of this Regulation, ‘frozen meat’ means
meat that is frozen and has an internal temperature of – 12 °C
or lower when it enters the customs territory of the Commu-
nity.

Article 4

1.
Applications for import rights accompanied by the docu-
mentary proofs referred to in Article 3(4) shall reach the
competent authority in the Member State where the applicant
is entered in the national VAT register no later than 14 June
2002.

(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 308, 27.11.2001, p. 19.
(3) OJ L 143, 27.6.1995, p. 35.
(4) OJ L 337, 20.12.2001, p. 18.

(5) OJ L 159, 3.6.1998, p. 11.
(6) OJ L 122, 12.5.1999, p. 3.
(7) OJ L 113, 12.5.2000, p. 27.

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All quantities presented as the reference quantity, in application
of Article 2, shall constitute the import rights applied for,
where appropriate, in application of Article 1(2).

2.
After verifying the documents submitted, the Member
States shall forward to the Commission no later than 28 June
2002 a list of applicants under this subquota,
including in
particular their names and addresses and the quantities of
eligible meat imported during the reference period concerned.

3.
Communications of the information referred to in para-
graph 2, including nil returns, shall be sent by fax using the
form in Annex I.

— Κατεψυγµένο βόειο κρέας [κανονισµός (ΕΚ) αριθ. 954/

2002] (υποποσόστωση Ι)

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

954/2002) (subquota I)

— Viande bovine congelée [Règlement (CE) no 954/2002]

(sous-contingent I)

— Carni bovine congelate [Regolamento (CE) n. 954/

2002] (sotto-contingente I)

— Bevroren rundvlees (Verordening (EG) nr. 954/2002)

(deelcontingent I)

— Carne de bovino congelada [Regulamento (CE) n.o 954/

2002] (subcontingente I)

— Jäädytettyä naudanlihaa (Asetus (EY) N:o 954/2002)

Article 5

(osakiintiö I)

The Commission shall decide as soon as possible the extent to
which import rights under this subquota may be granted.
Where the import rights applied for exceed the available quan-
tity referred to in Article 2 the Commission shall fix a corres-
ponding reduction coefficient.

— Fryst kött av nötkreatur (förordning (EG) nr 954/2002)

(delkvot I)

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

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

Article 6

1.
In order to be valid, the application for import rights
must be accompanied by a security of EUR 6 per 100 kilo-
grams net weight.

2. Where application of the reduction coefficient referred to
in Article 5 causes less import rights to be allocated than had
been applied for, the security lodged shall be released propor-
tionally without delay.

3.
The application for one or several import licences total-
ling the import rights allocated shall constitute a primary
requirement within the meaning of Article 20(2) of Regulation
(EEC) No 2220/85.

Article 7

Imports of the quantities allocated shall be subject to

1.
presentation of one or more import licences.

2.

Licence applications may be lodged solely:

(a) in the Member State where the applicant has applied for

import rights;

(b) by operators that have been allocated import rights. Each
issuing of an import licence shall result in a corresponding
reduction in the import rights.

Import licences shall be issued on application by and in

3.
the names of the operators who have obtained import rights.

Licence
4.
following entries:

applications and licences

shall

contain the

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

— Carne de vacuno congelada [Reglamento (CE) no 954/

2002] (subcontingente I)

— Frosset oksekød (forordning (EF) nr. 954/2002) (delkon-

tingent I)

— Gefrorenes Rindfleisch (Verordnung (EG) Nr. 954/2002)

(Unterkontingent I)

PART III

Subquota II

Article 8

Applications for import licences with regard to subquota II
totalling 26 500 tonnes may be lodged only by operators who
have been approved in advance for such purposes by the
competent authority in the Member State where they are
entered in the VAT register. The authority may assign an
approval number to each approved operator.

Article 9

Approval may be granted to an operator who submits a
to the competent authority before 14 June 2002

1.
request
accompanied by documentary proof that:

(a) he/she has been engaged on his/her own account in the
commercial activity of importing into the Community, or
falling within CN
exporting from the Community, beef
codes 0201, 0202 or 0206 29 91 during the years 2000
and 2001,

(b) by virtue of this activity:

— he/she has imported in the course of the two years
concerned a minimum of 100 tonnes of such beef
expressed in product weight, or

— he/she has exported in the course of the two years
concerned a minimum of 220 tonnes of such beef
expressed in product weight,

in, at least, two operations per year.

Operators who at 1 January 2002 have ceased their activities in
the beef and veal sector shall not be approved for the purpose
of this subquota.

2.
Proof of import or export shall be provided exclusively by
means of customs documents of release for home use or export
documents duly endorsed by the customs authorities.

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Member States may accept copies of the above documents duly
certified by the competent authorities.

For the purpose of paragraph 1(a) and (b), beef used as the
reference quantity under subquota I can be declared as refer-
ence quantity under subquota II.

The quantity available in each of the two periods is 13 250
tonnes. However, where the total quantity applied for in the
first period is less than the quantity available, the residual quan-
tity shall be added to the quantity available in the second
period.

3. Member States shall examine and verify the validity of the
documentation presented.

Each licence application shall not exceed 10 % of the available
quantity for the period concerned.

4. Where in the proof of import or export referred to in
paragraph 2 two or more applicants are entered as having the
same postal address or where the applicants at the time of
application are registered for VAT purposes on the same postal
address or where Member States have any other serious
grounds to suspect that operators are related, Member States
shall verify that such applicants are not related to one another
within the meaning of Article 143 of Commission Regulation
(EEC) No 2454/93 (1). Where related applicants are conse-
quently identified, all applications concerned shall be rejected.

Member States shall keep the Commission informed of all cases
where this paragraph has been applied and the result of the
verification.

5.
A company applying for approval formed by a merger of
other companies each having rights to apply pursuant to para-
graphs 1 to 3 shall enjoy the same rights as those former
companies.

Article 10

1.
The competent authority shall inform applicants of the
outcome of the approval procedure before 10 July 2002 and
shall, at
to the Commission
containing the name and address of each approved operator.

the same time,

send a list

2. Where it is established that the approval was based upon
forged or fraudulent documentation,
it shall be withdrawn
together with any advantage already granted on the basis of it.

Article 11

Only operators approved in application of Article 10 shall be
allowed to apply for import licences under Subquota II during
the period from 1 July 2002 to 30 June 2003.

Article 12

1.
Licence applications may be lodged only in the Member
State of approval and each approved operator can only lodge
one licence application per period. Where an applicant submits
more than one application per period, all such applications
shall be inadmissible.

A licence application may be lodged during the two

2.
following periods:

— 15 to 17 July 2002, and

— 7 to 9 January 2003.

(1) OJ L 253, 11.10.1993, p. 1.

3.
By the fifth working day following the end of the period
for submission of licence applications, the Member State shall
notify the Commission of the applications submitted.

Notifications, including nil returns, shall be sent by fax, using
the model in Annex II.

The Commission shall decide as soon as possible the
4.
extent to which applications may be met. Where the applica-
tions exceed the half-yearly quantity available the Commission
shall fix a corresponding reduction coefficient.

Member States shall
issue the licences no later than five
working days after the publication of the decision in the Official
Journal of the European Communities.

5.
Licence
following entries:

applications and licences

shall

contain the

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

— Carne de vacuno congelada [Reglamento (CE) no 954/

2002] (subcontingente II)

— Frosset oksekød (forordning (EF) nr. 954/2002) (delkon-

tingent II)

— Gefrorenes Rindfleisch (Verordnung (EG) Nr. 954/2002)

(Unterkontingent II)

— Κατεψυγµένο βόειο κρέας [κανονισµός (ΕΚ) αριθ. 954/

2002] (υποποσόστωση ΙI)

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

954/2002) (subquota II)

— Viande bovine congelée [Règlement (CE) no 954/2002]

(sous-contingent II)

— Carni bovine congelate [Regolamento (CE) n. 954/

2002] (sotto-contingente II)

— Bevroren rundvlees (Verordening (EG) nr. 954/2002)

(deelcontingent II)

— Carne de bovino congelada [Regulamento (CE) n.o 954/

2002] (subcontingente II)

— Jäädytettyä naudanlihaa (Asetus (EY) N:o 954/2002)

(osakiintiö II)

— Fryst kött av nötkreatur (förordning (EG) nr 954/2002)

(delkvot II)

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

— 0202 10 00, 0202 20,

— 0202 30, 0206 29 91.

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PART IV

Common provisions

Article 13

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 14

Regulations (EC) No 1291/2000 and (EC) No 1445/95

1.
shall apply, save where otherwise provided in this Regulation.

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 quota only if made out in the same name and address as
the one entered as consignee in the customs declaration of
release for home use accompanying them.

3.
Pursuant to Article 50(1) of Regulation (EC) 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.

Import licences shall be valid for 180 days from their date
4.
of issue as defined in Article 23(2) of Regulation (EC) No 1291/
2000. However, no licence shall be valid after 30 June 2003.

The security relating to the import

5.
licence shall be
EUR 120 per 100 kilograms net weight. The security shall be
lodged by the applicant together with the licence application.
Where in application of Article 12(4) the licence applications
are not accepted in full, the security lodged shall be released
proportionally without delay.

Notwithstanding the provisions of Section 4 of Title III of
6.
Regulation (EC) No 1291/2000,
the security shall not be
released until proof has been produced that the titular holder of
the licence has been commercially and logistically responsible
for the purchase, transport and clearance for home use of the
quantity of meat concerned.

Such proof shall at least consist of:

(a) the original commercial invoice made out in the name of
the titular holder by the seller or his representative, both
established in the third country of export, and proof of
payment by the titular holder or the opening by the titular
holder of an irrevocable documentary credit in favour of
the seller,

(b) the bill of lading or, where applicable, the road or air trans-
port document, drawn up in the name of the titular holder,
for the quantity concerned,

(c) the copy No 8 of form IM 4 with the name and address of

the titular holder being the only indication in box 8,

(d) Proof of payment of the customs duties by the titular holder

or on behalf of him.

7.
Notwithstanding the provisions of paragraph 6 each
titular holder may, during the first and the second half of the
quota year and within a maximum quantity of 10 tonnes per
respective half year, customs clear for home use under this
Regulation meat which previously had been stored under the
Community bonded warehousing system.

In that case, the commercial
invoice referred to in the first
indent of paragraph 6 and the transport documents referred to
in the second indent of paragraph 6 may be replaced by the
original commercial invoice made out in the name of the titular
holder by the owner of the meat not yet cleared for home use.
Furthermore, the titular holder must present proof of payment
of such an invoice.

8.
All proofs required for release of the licence security,
including those required in Article 35(1) and (2) of Regulation
(EC) No 1291/2000, shall be presented to the competent autho-
rities within the deadlines laid down in Article 35(4)(a) and (c)
of that Regulation.

Article 15

This Regulation shall enter into force on the third day following
that of 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, 4 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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

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ANNEX I

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ANNEX II