Commission Regulation (EC) No 297/2003 of 17 February 2003 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile
Date: 2003-02-17
Institutions: European Commission
Subjects: Chile, beef, import licence, import policy, originating product, tariff quota

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COMMISSION REGULATION (EC) No 297/2003

of 17 February 2003

laying down detailed rules for the application of the tariff quota for beef and veal originating in
Chile

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:

Council Decision 2002/979/EC of 18 November 2002
on the signature and provisional application of certain
provisions of an Agreement establishing an association
between the European Community and its Member
States, of the one part, and the Republic of Chile, of the
other part (3), provides that certain provisions of the
Agreement be applied temporarily pending its entry into
force. These provisions include Article 71(5) of
the
Agreement, under which, as from 1 February 2003, a
tariff quota of 1 000 tonnes of beef and veal shall be
opened and shall be increased annually by 100 tonnes.

The quotas concerned should be managed through the
use of import licences. To this end, Commission Regula-
tion (EC) No 1291/2000 of 9 June 2000 laying down
common detailed rules for the application of the system
of import and export licences and advance-fixing certifi-
cates for agricultural products (4), as last amended by
Regulation (EC) No 2299/2001 (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 Regulation (EEC) No 2377/
80 (6), as last amended by Regulation (EC) No 24/
2001 (7), are applicable subject to certain derogations.

(5)

(6)

by Regulation (EC) No 1524/2002 (9), provides for certi-
ficates of authenticity for periods of 12 months starting
on 1 July for a number of beef quotas and veal quotas.
To ensure that all imports are managed in a uniform
manner, similar implementing rules should be laid down
for the quotas for beef and veal originating in Chile.

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

The reimbursement in full of import duty as a result of
the exemption from the duty that is applicable from 1
February 2003 is applied in accordance with Article 236
of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (10), as
last amended by Regulation (EC) No 2700/2000 (11), and
with Articles 878 and following of Commission Regula-
tion (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (12), as last amended by Regulation (EC) No 444/
2002 (13).

(7)

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

Chile has undertaken to issue certificates of authenticity
for the products in question attesting that the goods
originate in Chile. The specimen certificate of authenti-
city needs to be updated and the rules for its use need to
be laid down.

1.
Under the tariff quota provided for by Decision 2002/
979/EC, the products originating in Chile referred to in Annex
I may be imported, exempt from the customs duty laid down
in the common customs tariff, during the periods from 1 July
in one year to 30 June in the following year, in accordance
with the provisions of this Regulation.

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 936/97 of 27 May
1997 opening and providing for the administration of
tariff quotas for high-quality fresh, chilled and frozen
beef and for frozen buffalo meat (8), as last amended

The quantity of the products referred to in paragraph 1 shall
be as indicated in Annex I for each import period.

For 2003, the quota referred to in paragraph 1 shall be
import period running from 1

2.
opened for an additional
February 2003 to 30 June 2003.

(9) OJ L 229, 27.8.2002, p. 7.
(10) OJ L 302, 19.10.1992, p. 1.
(11) OJ L 311, 12.12.2000, p. 17.
(12) OJ L 253, 11.10.1993, p. 1.
(13) OJ L 68, 12.3.2002, p. 11.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 39.
(3) OJ L 352, 30.12.2002, p. 1.
(4) OJ L 152, 24.6.2000, p. 1.
(5) OJ L 308, 27.11.2001, p. 19.
(6) OJ L 143, 27.6.1995, p. 35.
(7) OJ L 337, 20.12.2001, p. 18.
(8) OJ L 137, 28.5.1997, p. 10.

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Article 2

Article 5

All
imports under the quota referred to Article 1 shall be
subject to the presentation, at the time the goods are released
into free circulation, of an import licence.

Unless this Regulation provides otherwise, such licences shall
be subject to the provisions of Regulations (EC) No 1291/2000
and (EC) No 1445/95.

The full import duty laid down in the common customs tariff
shall be levied on quantities exceeding those stated in the
import licence, subject to Article 8(4) of Regulation (EC) No
1291/2000.

Article 3

1.
Section 8 of the import licence applications and import
licences shall contain the word ‘Chile’; licences shall carry with
them an obligation to import from Chile.

2.
Section 20 of the import licence applications and import
licences shall contain the serial number 09.4181 and one of
the following phrases:

— Reglamento (CE) no 297/2003

— Forordning (EF) nr. 297/2003

— Verordnung (EG) Nr. 297/2003
— Κανονισµός (ΕΚ) αριθ. 297/2003

— Regulation (EC) No 297/2003

— Règlement (CE) no 297/2003

— Regolamento (CE) n. 297/2003

— Verordening (EG) nr. 297/2003

— Regulamento (CE) n.o 297/2003

— Asetus (EY) N:o 297/2003

— Förordning (EG) nr 297/2003

Article 4

1.
A certificate of authenticity attesting that the products
originate in Chile shall be drawn up by the issuing authority
referred to in Article 8 in accordance with Article 7.

The original of the certificate of authenticity and a copy thereof
shall be submitted to the competent authority of the Member
State in question (hereinafter referred to as ‘the competent
authority’) at the time the initial application for an import
licence in connection with the certificate of authenticity is
made. The original of the certificate of authenticity shall be
kept by this authority.

Provided the quantity limit stated in the certificate is not
2.
exceeded, more than one import licence may be issued under a
single certificate of authenticity. Where this is the case, the
competent authority shall endorse the certificate of authenticity
to indicate the quantities attributed.

3.
Once it is satisfied that all the information in the certifi-
cate of authenticity corresponds to that received each week
from the Commission on the subject, the competent authority
shall issue import licences. If this is not the case, no import
licences may be issued.

Notwithstanding Article 4, the competent authority may

1.
issue an import licence in the following cases:

(a) the original of

the certificate of authenticity has been
submitted but the Commission information on it has not
yet been received;

(b) the original of the certificate of authenticity has not been
submitted and the Commission information on it has not
yet been received;

(c) the original of

the certificate of authenticity has been
submitted and the Commission information on it has been
received, but some information does not tally.

2.
In the cases referred to in paragraph 1, and notwith-
standing the second indent of Article 4 of Regulation (EC) No
1445/95, the amount of the security to be lodged in respect of
the import licences shall be an amount equivalent to the full
rate of customs duty for the products in question under the
common customs tariff that is applicable on the day the import
licence is applied for.

Once they have received the original of
the certificate of
authenticity and the Commission information on it, and have
checked that the data are in order, the Member States shall
release the security referred to in the first indent, except where
the security referred to in the second indent of Article 4 of
Regulation (EC) No 1445/95 has been lodged for the same
import licence.

The submission to the competent authority of the original of
the certificate of authenticity required by the legislation before
the period of validity of the import licence in question expires
constitutes a primary requirement within the meaning of
Article 20 of Commission Regulation (EEC) No 2220/85 (1) as
regards the security referred to in the first indent.

Any amounts of the security referred to in the first indent that
are not released shall be forfeited and kept as customs duty.

Article 6

Certificates of authenticity and import licences shall each be
valid for three months from their respective date of issue.

However, the period of validity may not finish later than 30
June following their date of issue.

Article 7

1.
The certificate of authenticity referred to in Article 4 shall
be made out in one original and not less than one copy in
accordance with the model in Annex II.

The forms shall measure approximately 210 × 297 mm and
the paper shall weigh not less than 40 g/m2.

2.
The forms shall be printed and filled out in one of the
official languages of the Community; they may also be printed
and filled out in the official language of Chile.

(1) OJ L 205, 3.8.1985, p. 5.

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Certificates of authenticity shall bear an individual serial
3.
number allocated by the issuing authorities referred to in
Article 8. The copies shall bear the same serial number as the
original.

The original and copies of the certificate of authenticity
4.
may be typed or hand-written. In the latter case, they must be
filled out in black ink and in block capitals.

5.
Certificates of authenticity shall be valid only if they are
duly filled out and endorsed by the issuing authority referred to
in Article 8.

Certificates of authenticity 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 authorised to sign them.

The stamp may be replaced by a printed seal on the original of
the certificate of authenticity and any copies thereof.

Article 8

1.
The body authorised by Chile to issue certificates of
authenticity (hereinafter referred to as ‘the issuing authority’),
the name of which is given in Annex III, must:

(a) undertake to verify the entries on the certificates of authen-

(b) undertake to supply the Commission, at least once a week,
with any information it may need to verify the entries on
the certificates of authenticity.

2.
the
Annex III may be revised by the Commission if
issuing authority is no longer recognised, if it fails to perform
one of
its undertakings or if a new issuing authority is
appointed.

Article 9

The Commission shall pass on to the competent authorities in
the Member States the specimen of the stamp imprints used by
the issuing authority and the names and signatures of the
persons authorised to sign the certificates of authenticity that
are communicated to it by the authority in Chile.

Article 10

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

ticity;

However, Article 1 shall apply from 1 February 2003.

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

Done at Brussels, 17 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Products benefiting from the tariff concession referred to in Article 1:

ANNEX I

Serial number

CN code

Description

09.4181

0201 20
0201 30 00
0202 20
0202 30

chilled or
or

beef

Fresh,
frozen
veal (1)

Discount rate on
customs duty
%

Quantity for the
period from 1
February 2003 to 30
June 2003
(Net weight of
product, tonnes)

Annual quantity
from 1 July 2003 to
30 June 2004
(Net weight of
product, tonnes)

Annual increase from
1 July 2004
(Net weight of
product, tonnes)

100

416,667

1 050

100

(1)

‘Frozen meat’ means meat which, at the time of its introduction onto the customs territory of the Community, has an internal temperature equal to or less than -12 °C.

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ANNEX II

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ANNEX III

Body authorised by Chile to issue certificates of authenticity:

Servicio Agrícola y Ganadero (SAG)
Avenida Bulnes 140
Santiago
Chile