Commission Regulation (EC) No 994/2002 of 11 June 2002 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2002 to 30 June 2003)
Date: 2002-06-11
Institutions: European Commission
Subjects: beef, food processing, frozen product, import, import licence, tariff quota

12.6.2002

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 994/2002

of 11 June 2002

opening and providing for the administration of an import tariff quota for frozen beef intended for
processing (1 July 2002 to 30 June 2003)

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

Whereas:

(1)

(2)

(3)

(4)

The WTO schedule CXL requires the Community to
open an annual import tariff quota of 50 700 tonnes of
frozen beef intended for processing. Implementing rules
should be laid down for the quota year 2002 to 2003
starting 1 July 2002.

The import of frozen beef under the tariff quota shall
qualify for the total suspension of the specific rate of
customs duty where the meat is intended for the manu-
facture of preserved food, which does not contain char-
acteristic components other than beef and jelly. Where
is intended for other processed products
the meat
containing beef, the import shall qualify for a 55 %
suspension of the autonomous specific rate of customs
duty. The breakdown of the tariff quota into each of the
arrangements referred to above should be made taking
into account the experience gained in respect of similar
imports in the past.

So as to avoid speculation, access to the quota should be
allowed only
carrying out
to active processors
processing in a processing establishment approved in
accordance with Article 8 of Council Directive 77/
99/EEC (3), as last amended by Directive 97/76/EC (4).

Imports into the Community under the present tariff
quota are subject to presentation of an import licence.
Licences may be issued following allocations of import
rights on the basis of applications from eligible proces-
sors. Subject to the provisions of this Regulation, the
provisions of Commission Regulation (EC) No 1291/
2000 of 9 June 2000 laying down common detailed
rules for the application of the system of import and

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 26, 31.1.1977, p. 85.
(4) OJ L 10, 16.1.1998, p. 25.

export licences and advance fixing certificates for agri-
cultural products (5), as amended by Regulation (EC) No
2299/2001 (6), 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 Regulation (EEC) No 2377/80 (7), as last
amended by Regulation (EC) No 2492/2001 (8), shall
apply to import licences issued under this Regulation.

(5)

In order to prevent speculation, import licences should
be issued to processors solely for the quantities for
which they have been allocated import rights. Moreover,
for the same reason, security should be lodged together
with the application for import rights. The application
for import licences corresponding to the allocated rights
should be 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 agricultural
products (9), as last amended by Regulation (EC) No
1932/1999 (10).

(6) With a view to using up quota quantities completely, a
closing date should be set for the submission of import
licence applications and provision should be made for a
further allocation of quantities not covered by licence
application submitted by that date. In the light of the
experience obtained, that allocation should be limited to
processors who have converted all their import rights
initially allocated into import licences.

(7)

(8)

The application of the present tariff quota requires strict
surveillance of imports and effective checks as to their
use and destination. The processing should therefore be
authorised only in the establishment referred to in box
20 of the import licence.

A security shall be lodged in order to ensure that the
imported meat is used according to the tariff quota
specifications. The amount of security should be fixed
taking into account the difference between the customs
duties applicable within and outside the quota.

(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 308, 27.11.2001, p. 19.
(7) OJ L 143, 27.6.1995, p. 35.
(8) OJ L 337, 20.12.2001, p. 18.
(9) OJ L 205, 3.8.1985, p. 5.
(10) OJ L 240, 10.9.1999, p. 11.

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(9)

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

A security of EUR 6 per 100 kg shall be lodged together

2.
with the application for import rights.

3.
Applicants no longer active in the meat processing
industry on 1 January 2002 shall not qualify under the
arrangements provided for in this Regulation.

HAS ADOPTED THIS REGULATION:

Article 1

frozen beef

An import tariff quota of 50 700 tonnes, bone-in equiva-
1.
lent of
falling within CN code 0202 20 30,
0202 30 10, 0202 30 50, 0202 30 90 or 0206 29 91 and
intended for processing in the Community is hereby opened
for the period 1 July 2002 to 30 June 2003.

The overall quantity referred to in paragraph 1 shall be

2.
divided into two quantities:

(a) 40 000 tonnes of frozen beef intended for the manufacture

of preserved food as defined in Article 7(a);

(b) 10 700 tonnes of frozen beef intended for the manufacture

of products as defined in Article 7(b).

3.

The quota shall bear the following serial Nos:

— 09.4057 for the quantity referred to in paragraph 2(a),

— 09.4058 for the quantity referred to in paragraph 2(b).

The customs import duties to apply on frozen beef under
4.
the present tariff quota are those referred to in order No 13 of
Annex 7 to Part Three of Commission Regulation (EC) No
2031/2001 of 6 August 2001 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff (1).

Article 2

1.
An application for import rights is valid only if it is
lodged by, or on behalf of a natural or legal person who, at
least once during the 12 months prior to the entry into force
of this Regulation, has been active in production of processed
products containing beef. Furthermore, the application shall be
lodged by, or on behalf of a processing establishment approved
pursuant to Article 8 of Directive 77/99/EEC. For each quantity
referred to in Article 1(2) only one application for import
rights which shall not exceed 10 % of each quantity available
may be accepted in respect of each approved processing estab-
lishment.

Applications for import rights may be presented only in the
Member State in which the processor is registered for VAT
purposes.

(1) OJ L 279, 23.10.2001, p. 1.

evidence,

Documentary

4.
the
competent authority, of compliance with the conditions of the
preceding paragraphs shall be lodged together with the applica-
tion.

satisfaction of

to the

Article 3

1.
Each application for import rights for production of A-
products or B-products shall be expressed in bone-in equiva-
lence and shall not exceed the available quantity under each of
the two categories.

Each application referring to either A-products or B-prod-
2.
ucts shall reach the competent authority by 21 June 2002.

3. Member States shall forward to the Commission by 28
June 2002 a list of applicants and quantities applied for under
each of the two categories together with the approval numbers
of the processing establishments concerned.

All communications, including nil returns, shall be sent by fax
using the forms in Annexes I and II.

4.
The Commission shall decide as soon as possible to what
extent applications may be accepted, where necessary as a
percentage of the quantity applied for.

Article 4

1.
Any import of frozen beef for which import rights have
been allocated pursuant to Article 3 shall be subject to presen-
tation of an import licence.

2.
As to the security referred to in Article 2(2) the applica-
tion for import licences corresponding to the allocated import
rights shall be a primary requirement within the meaning of
Article 20(2) of Regulation (EEC) No 2220/85.

Where in application of Article 3(4) the Commission fixes a
reduction coefficient the security lodged shall be released in
respect of the import rights applied for which exceed the
allocated import rights.

3. Within his allocated import rights a processor may apply
for import licences until 21 February 2003 at the latest.

4.

Licence applications may be lodged solely:

— in the Member State in which the application for import

rights has been lodged, and

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— by processors or on behalf of processors to whom import
rights have been allocated.
rights allocated to
processors entitle them to import licences for quantities
equivalent to the rights allocated.

Import

For the purpose of this paragraph 100 kilograms of bone-in
beef equals 77 kilograms of boneless beef.

A security shall be lodged with the competent authority
5.
at the time of importation ensuring that the processor having
been allocated import rights processes the entire quantity of
meat imported into the required finished products in his estab-
lishment specified in the licence application, within three
months following the day of importation.

The amounts of the security are fixed in Annex III.

Article 5

On the licence application and the licence itself shall be

1.
entered:

(a) in box 8, the country of origin;

(b) in box 16, one of the eligible CN codes;

(c) in box 20, at least one of the following endorsements:

destinada

— Certificado válido en … (Estado miembro expe-
transformación …
didor)/carne
[productos A]
(táchese lo que no
proceda) en … (designación exacta y número de
registro del establecimiento en el que vaya a procederse
a la transformación)/Reglamento (CE) no 994/2002

la
[productos B]

a

— Licens gyldig i … (udstedende medlemsstat)/Kød
bestemt til forarbejdning til (A-produkter) (B-produkter)
(det ikke gældende overstreges) i … (nøjagtig betegnelse
for
forarbejdningen
hvor
sker)/forordning (EF) nr. 994/2002

virksomhed,

den

— In … (ausstellender Mitgliedstaat) gültige Lizenz/Fleisch
für die Verarbeitung zu [A-Erzeugnissen]
[B-Erzeug-
nissen] (Unzutreffendes bitte streichen) in … (genaue
in dem die Verarbeitung
Bezeichnung des Betriebs,
erfolgen soll)/Verordnung (EG) Nr. 994/2002

— Η άδεια ισχύει … (κράτος µέλος έκδοσης)/Κρέας που
προορίζεται για µεταποίηση … [προϊόντα Α] [προϊόντα Β]
(διαγράφεται η περιττή ένδειξη) … (ακριβής περιγραφή και
αριθµός έγκρισης της εγκατάστασης όπου πρόκειται να
πραγµατοποιηθεί η µεταποίηση)/Κανονισµός (ΕΚ) αριθ.
994/2002

— Licence valid in … (issuing Member State)/Meat
intended for processing … [A-products] [B-products]
(delete as appropriate) at … (exact designation and
approval No of the establishment where the processing
is to take place)/Regulation (EC) No 994/2002

— Certificat valable … (État membre émetteur)/viande
destinée à la transformation de … [produits A]
[produits B] (rayer la mention inutile) dans … (désigna-
tion exacte et numéro d'agrément de l'établissement
dans lequel la transformation doit avoir lieu)/règlement
(CE) no 994/2002

— Titolo valido in … (Stato membro di rilascio)/Carni
destinate alla trasformazione … [prodotti A] [prodotti
B] (depennare la voce inutile) presso … (esatta designa-
zione e numero di riconoscimento dello stabilimento
nel quale è prevista la trasformazione)/Regolamento
(CE) n. 994/2002

verwerking

— Certificaat geldig in … (lidstaat van afgifte)/Vlees
bestemd voor
[B-
producten] (doorhalen wat niet van toepassing is) in …
(nauwkeurige aanduiding en toelatingsnummer van het
bedrĳf
plaats-
de
vinden)/Verordening (EG) nr. 994/2002

[A-producten]

verwerking

waar

zal

tot

— Certificado

válido

em … (Estado-Membro
emissor)/carne destinada à transformação … [produtos
A] [produtos B] (riscar o que não interessa) em …
(designação exacta e número de aprovação do estabele-
cimento
efec-
transformação
tuada)/Regulamento (CE) n.o 994/2002

em que

será

a

— Todistus on voimassa … (myöntäjäjäsenvaltio)/Liha on
[B-luokan tuotteet]
tarkoitettu [A-luokan tuotteet]
(tarkka
(tarpeeton poistettava)
ilmoitus laitoksesta,
jossa jalostus suoritetaan, hyväk-
syntänumero mukaan lukien)/Asetus (EY) N:o 994/
2002

jalostukseen …:ssa

— Licensen är giltig i … (utfärdande medlemsstat)/Kött
avsett för bearbetning … [A-produkter] [B-produkter]
(stryk det som inte gäller) vid … (exakt angivelse av och
godkännandenummer för anläggningen där bearbet-
ningen skall ske)/Förordning (EG) nr 994/2002.

2. Without prejudice to the provisions of this Regulation,
Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall
apply.

3.
Import licences shall be valid for 120 days from the date
of issue within the meaning of Article 23(1) of Regulation (EC)
No 1291/2000. However, no licence shall be valid after 30
June 2003.

In application of Article 50(1) of Regulation (EC) No
4.
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.

Article 6

1.
Quantities for which import licence applications have not
been lodged by 21 February 2003 shall be subject to a further
allocation of import rights.

To that end, by 28 February 2003, Member States shall
forward to the Commission details of the quantities for which
no applications have been received.

2.
The Commission shall decide as soon as possible on the
breakdown of those quantities into those intended for A-prod-
ucts and those intended for B-products. In doing so, the actual
utilisation of the import rights allocated pursuant to Article 3
under each of the two categories may be taken into account.

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The allocation of the remaining quantities shall be limited
3.
to processors who have applied for import licences in respect
of all
the import rights granted to him in application of
Article 3.

4.
For the purposes of this Article, Articles 2 to 5 shall
apply. However, the date for application referred to in Article
3(2) shall be 21 March 2003 and the date for communication
referred to in Article 3(3) shall be 28 March 2003.

Article 7

For the purposes of this Regulation:

(a) an A-product shall be defined as a processed product
falling within CN code 1602 10, 1602 50 31, 1602 50 39
or 1602 50 80, not containing meat other than that of
animals of the bovine species, with a collagen/protein ratio
of no more than 0,45 % (1) and containing by weight at
least 20 % (2) of lean meat excluding offal (3) and fat with
meat and jelly accounting for at least 85 % of the total net
weight.

The product must be subjected to a heat treatment suffi-
cient to ensure the coagulation of meat proteins in the
whole of the product which may not show any traces of a
pinkish liquid on the cut surface when the product is cut
along a line passing through its thickest part;

(b) a B-product shall be defined as a processed product

containing beef, other than:

— one specified in Article 1(1)(a) of Council Regulation

(EC) No 1254/1999, or

— one referred to under (a).

a processed product

falling within CN code
However,
0210 20 90 which has been dried or smoked so that
the
colour and consistency of the fresh meat has totally disap-
peared and with a water/protein ratio not exceeding 3,2 shall
be considered to be a B-product.

Article 8

Member States shall set up a system of physical and documen-
tary supervision to ensure that all meat is processed into the
category of product specified on the import licence concerned.

(1) Determination of collagen content: the collagen content shall be
taken to mean the hydroxyproline content multiplied by the
factor 8. The hydroxyproline content must be determined accor-
ding to ISO method 3496-1994.

(2) The lean bovine meat content excluding fat

is determined in
accordance with the procedure laid down in the Annex to
Commission Regulation (EEC) No 2429/86 (OJ L 210, 1.8.1986,
p. 39).

includes the following: heads and cuts thereof
feet,

livers, kidneys,

tails, hearts, udders,

(3) Offal
ears),
(thymus glands and pancreas), brains,
spleens,
organs (i.e. uteri, ovaries and testes),
glands.

tongues, caul,

(including
sweetbreads
lungs, throats, thick skirts,
reproductive
thyroid glands, pituitary

spinal cords, edible skin,

include physical checks of quantity and
The system must
quality at the start of the processing, during the processing and
after the processing operation is completed. To this end,
processors shall at any time be able to demonstrate the identity
and use of the imported meat through appropriate production
records.

Technical verification of
the production method by the
competent authority may, to the extent necessary, make allow-
ance for drip losses and trimmings.

In order to verify the quality of the finished product and
establish its conformity with the processor's recipe Member
States shall proceed to representative samplings and analysis of
those products. The costs of such operations shall be born by
the processor concerned.

Article 9

1.
The security referred to in Article 4(5) shall be released in
proportion to the quantity for which, within seven months,
proof has been furnished to the satisfaction of the competent
authority that all or part of
the imported meat has been
processed into the relevant products within three months
following the day of importation in the designated establish-
ment.

However,

(a) if processing took place after the abovementioned three-
month time limit, the security shall be released minus:

— 15 %, and

— 2 % of the remaining amount for each day by which

the time limit has been exceeded;

(b) if proof of processing is established within the abovemen-
tioned seven-month time limit and is produced within 18
months
amount
forfeited less 15 % of the security amount shall be repaid.

following those

seven months,

the

The amount of security not released shall be forfeited and

2.
retained as a customs duty.

Article 10

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

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

Done at Brussels, 11 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

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ANNEX II

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ANNEX III

AMOUNTS OF SECURITY (1)

For manufacture of
A-products

For manufacture of
B-products

(in EUR/1 000 kg net)

1 414

2 211

2 211

3 041

3 041

420

657

657

903

903

Product
(CN code)

0202 20 30

0202 30 10

0202 30 50

0202 30 90

0206 29 91

(1) The exchange rate to be applied shall be the exchange rate on the day preceeding the lodging of the security.