Commission Regulation (EC) No 5/2003 of 27 December 2002 laying down detailed rules for the application in 2003 of the tariff quotas for beef and veal products originating in Croatia, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia and the Federal Republic of Yugoslavia
Date: 2002-12-27
Institutions: European Commission
Subjects: Bosnia and Herzegovina, Croatia, North Macedonia, Serbia and Montenegro, beef, tariff quota

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COMMISSION REGULATION (EC) No 5/2003

of 27 December 2002

laying down detailed rules for the application in 2003 of the tariff quotas for beef and veal
products originating in Croatia, Bosnia and Herzegovina, the Former Yugoslav Republic of
Macedonia and the Federal Republic of Yugoslavia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2007/2000 of 18
September 2000 introducing exceptional trade measures for
countries and territories participating in or
linked to the
European Union's Stabilisation and Association process,
amending Regulation (EC) No 2820/98, and repealing Regula-
tions (EC) No 1763/1999 and (EC) No 6/2000 (1), as last
amended by Commission Regulation (EC) No 2487/2001 (2),
and in particular Article 4(2) and Article 6 thereof,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (3), as last amended by Commission Regulation (EC)
No 2345/2001 (4), and in particular Article 32(1) thereof,

Having regard to Council Regulation (EC) No 2248/2001 of 19
November 2001 on certain procedures for applying the Stabili-
sation and Association Agreement between the European
Communities and their Member States, of the one part, and the
Republic of Croatia, of the other part and for applying the
Interim Agreement between the European Community and the
Republic of Croatia (5), and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 153/2002 of 21
January 2002 on certain procedures for applying the Stabilisa-
tion and Association Agreement between the European
Communities and their Member States, of the one part, and the
Former Yugoslav Republic of Macedonia, of the other part, and
for applying the Interim Agreement between the European
Community and the Former Yugoslav Republic of Mace-
donia (6), and in particular Article 2 thereof,

Whereas:

(1)

(2)

Article 4(2) of Regulation (EC) No 2007/2000 provides
for an annual preferential tariff quota of 11 475 tonnes
of ‘baby beef’, distributed among Bosnia and Herzego-
vina and the Federal Republic of Yugoslavia including
Kosovo.

The Interim Agreements with Croatia and the Former
Yugoslav Republic of Macedonia, which were approved
by Council Decision 2002/107/EC on the conclusion
and the provisional application of an Interim Agreement
on trade and trade-related matters between the European
Community, of
the one part, and the Republic of
Croatia, of the other part (7), and by Council Decision
2001/330/EC on the conclusion of the Interim Agree-
ment on trade and trade-related matters between the
European Community, of the one part, and the Former

(1) OJ L 240, 23.9.2000, p. 1.
(2) OJ L 335, 19.12.2001, p. 9.
(3) OJ L 160, 26.6.1999, p. 21.
(4) OJ L 315, 1.12.2001, p. 29.
(5) OJ L 304, 21.11.2001, p. 1.
(6) OJ L 25, 29.1.2002, p. 16.
(7) OJ L 40, 12.2.2002, p. 9.

(3)

(4)

(5)

Yugoslav Republic of Macedonia, of the other part (8),
tariff quotas of 9 400
lay down annual preferential
tonnes and 1 650 tonnes respectively.

For control purposes, Regulation (EC) No 2007/2000
makes imports under the quotas of ‘baby beef’ for Bosnia
and Herzegovina and the Federal Republic of Yugoslavia
including Kosovo subject to the presentation of a certifi-
cate of authenticity attesting that the goods originate
from the issuing country and that
they correspond
exactly to the definition in Annex II to that Regulation.
For the sake of harmonisation, imports under the quotas
of
‘baby beef’ originating in Croatia and the Former
Yugoslav Republic of Macedonia should also be made
subject to the presentation of a certificate of authenticity
attesting that
the goods originate from the issuing
country and that they correspond exactly to the defini-
tion in Annex III to the Interim Agreements with the
Former Yugoslav Republic of Macedonia and with
Croatia. A model should also be established for the certi-
ficates of authenticity and detailed rules laid down for
their use.

Kosovo, as defined by United Nations Security Council
Resolution 1244 of 10 June 1999, is subject to an inter-
national civil administration by the United Nations
Mission in Kosovo (UNMIK), which has also set up a
separate customs service. There should therefore also be
a specific certificate of authenticity for goods originating
in the FRY/Kosovo.

The quotas concerned should be managed through the
use of import licences. To this end, Commission Regula-
tion (EC) No 1291/2000 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agri-
cultural products (9), as last amended by Regulation (EC)
No 2299/2001 (10), and Commission Regulation (EC) No
1445/95 on rules of application for import and export
licences in the beef and veal sector and repealing Regula-
tion (EEC) No 2377/80 (11), as last amended by Regula-
tion (EC) No 24/2001 (12), are applicable subject to this
Regulation.

(8) OJ L 124, 4.5.2001, p. 1.
(9) OJ L 152, 24.6.2000, p. 1.
(10) OJ L 308, 27.11.2002, p. 19.
(11) OJ L 143, 27.6.1995, p. 35.
(12) OJ L 337, 20.12.2001, p. 18.

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(6)

(7)

In order to ensure proper management of imports of the
products concerned,
import licences should be issued
subject to verification, in particular of entries on certifi-
cates of authenticity.

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 the

1.
period 1 January to 31 December 2003:

— 9 400 tonnes of ‘baby beef’, expressed in carcase weight,

originating in Croatia,

— 1 500 tonnes of ‘baby beef’, expressed in carcase weight,

originating in Bosnia and Herzegovina,

— 1 650 tonnes of ‘baby beef’, expressed in carcase weight,
originating in the Former Yugoslavia Republic of Mace-
donia,

— 9 975 tonnes of ‘baby beef’, expressed in carcase weight,
originating in the Federal Republic of Yugoslavia including
Kosovo.

The four quotas referred to in the first subparagraph shall bear
the serial Nos 09.4503, 09.4504, 09.4505 and 09.4506
respectively.

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

2.
The customs duty applicable under the quotas referred to
in paragraph 1 shall be 20 % of the ad valorem duty and 20 %
of the specific duty as laid down in the Common Customs
Tariff.

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

— ex 0102 90 51,
ex 0102 90 79,

ex 0102 90 59,

ex 0102 90 71

and

— ex 0201 10 00 andex 0201 20 20,

— ex 0201 20 30,

— ex 0201 20 50;

Article 2

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 licence applications and licences must show
the country or customs territory of origin;
licences shall
carry with them an obligation to import from the country
or customs territory indicated;

(b) section 20 of licence applications and licences shall show

one of the following entries:

— «Baby beef» [Reglamento (CE) no 5/2003]

— »Baby beef« (forordning (EF) nr. 5/2003)

— „Baby beef“ [Verordnung (EG) Nr. 5/2003]
— «Baby beef» [κανονισµóς (EK) αριθ. 5/2003]

— ‘Baby beef’ (Regulation (EC) No 5/2003)

— «Baby beef» [règlement (CE) no 5/2003]

— «Baby beef» [regolamento (CE) n. 5/2003]

— „Baby beef” (Verordening (EG) nr. 5/2003)

— «Baby beef» [Regulamento (CE) n.o 5/2003]

— ”Baby beef” (asetus (EY) N:o 5/2003)

— ”Baby beef” (förordning (EG) nr 5/2003)

(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 certi-
ficate 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 issue 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 certi-
ficate of authenticity corresponds to that received each
week from the Commission on the subject. The licences
shall be issued immediately thereafter.

referred to in Annex II to Regulation (EC) No 2007/2000 and
in Annex III to the Interim Agreements concluded with Croatia
and the Former Yugoslav Republic of Macedonia.

Article 3

4.
All applications for imports under the quotas referred to
in paragraph 1 shall be accompanied by a certificate of authen-
ticity issued by the competent authorities of the exporting
country or customs territory attesting that the goods originate
in that country or customs territory and that they correspond
to the definition given, as the case may be,
in Annex II to
Regulation (EC) No 2007/2000 or Annex III to the Interim
Agreements referred to in paragraph 3.

1.
Certificates of authenticity as referred to in Article 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, II, III,
IV and V respectively for the exporting countries and the
customs territory concerned; they may also be printed and
the official
completed in the official
languages of the exporting country or customs territory.

language or one of

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The competent authorities of the Member State in which the
import licence application is submitted may require a transla-
tion of the certificate to be provided.

2.
The original and copies thereof may be typed or hand-
written. In the latter case, they must be completed in black ink
and in block capitals.

3.
The certificate forms shall measure 210 × 297 mm. The
paper used shall weigh not less than 40 g/m². The original
shall be white, the first copy pink and the second copy yellow.

Each certificate shall have its own individual

4.
number followed by the name of
customs territory.

serial
the issuing country or

The copies shall bear the same serial number and the same
name as the original.

Certificates shall be valid only if they are duly endorsed

5.
by an issuing authority listed in Annex VI.

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 VI must:

(a) be recognised as such by the exporting country or customs

territory concerned;

(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 certifi-
cates of authenticity to be verified, in particular with regard
the
to the number of
consignee,
(live
animals/meat), the net weight and the date of signature.

the country of destination,

exporter,
the product

certificate,

the

the

The list in Annex V may be revised by the Commission
2.
where the requirement referred to in paragraph 1(a)
is no
longer met, where an issuing authority fails to fulfil one or
more of the obligations incumbent on it or where a new
issuing authority is designated.

Article 5

Certificates of authenticity and import licences shall be valid
for three months from their respective dates of issue. However,
their term of validity shall expire on 31 December 2003.

Article 6

The authorities of the exporting countries and the custom terri-
tory concerned shall communicate to the Commission speci-
mens of the stamp imprints used by their issuing authorities
and the names and signatures of the persons empowered to
sign certificates of authenticity. The Commission shall commu-
nicate this information to the competent authorities of the
Member States.

Article 7

Save as otherwise provided in this Regulation, Regulations (EC)
Nos 1291/2000 and 1445/95 shall apply to importing opera-
tions under the quotas referred to in Article 1.

Article 8

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

It shall apply from 1 January 2003.

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

Done at Brussels, 27 December 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

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ANNEX IV

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ANNEX V

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ANNEX VI

Issuing authorities:

— Republic of Croatia: ‘Euroinspekt’, Zagreb, Croatia.

— Bosnia and Herzegovina:

— Former Yugoslav Republic of Macedonia:

— Federal Republic of Yugoslavia (1): ‘YU Institute for Meat Hygiene and Technology, Kacanskog 13, Belgrade, Yugo-

slavia’.

— Federal Republic of Yugoslavia/Kosovo:

(1) Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.