Commission Regulation (EC) No 780/2003 of 7 May 2003 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 2003 to 30 June 2004)
Date: 2003-05-07
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import licence, tariff quota

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COMMISSION REGULATION (EC) No 780/2003

of 7 May 2003

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 2003 to 30 June
2004)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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:

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

(6)

Operators who can show that
they are genuinely
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 import of some significance.

(1)

(2)

(3)

The WTO schedule CXL requires the Community to
import quota of 53 000 tonnes of
open an annual
frozen beef covered by CN code 0202 and products
covered by CN code 0206 29 91. Implementing rules
should be laid down for the quota year 2003/2004
starting on 1 July 2003.

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

The 2002/2003 quota was managed in conformity with
the provisions of Regulation (EC) No 954/2002 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) (3). These provisions laid
down, in particular, stricter criteria for participation so
as to avoid registration of fictitious operators. Moreover,
reinforced rules on the use of
licences
concerned provided an obstacle towards speculative
trade in licences.

the import

(8)

(9)

Penalties should be determined where fictitious operators
have 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.

The experience obtained from the application of those
rules has been positive and similar rules should therefore
be laid down for the quota year 2003/2004, including a
division of the quota 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 procedure.

(10) With a view to providing a permanent access to the
quota, subquota II should be managed on a half-yearly
basis with a simultaneous examination of the licence
applications from approved importers.

(4) With the view of providing at the same time stability in
the trade with frozen beef while ensuring a gradual
increase in the share of the quota open to all genuine
beef traders it is appropriate to increase the quantity
being attributed under subquota II.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 147, 5.6.2002, p. 8.

(11)

importers no longer
In order to prevent speculation,
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

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(12)

(13)

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.

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-
ture products (1), as last amended by Regulation (EC) No
1932/1999 (2).

(14) 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 proofs of those activities should therefore
also be a primary requirement with regard to the licence
security.

(15)

(16)

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 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 (3), as
last amended by Regulation (EC) No 325/2003 (4) 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 (5), as last amended by Regula-
tion (EC) No 118/2003 (6), are applicable to import
licences issued under this Regulation.

(17)

The Management Committee for Beef and Veal has not
given an opinion within the time limit set by its Presi-
dent,

HAS ADOPTED THIS REGULATION:

PART I

Quota

Article 1

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 2003 to 30 June
2004.

(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 47, 21.2.2003, p. 21.
(5) OJ L 143, 27.6.1995, p. 35.
(6) OJ L 20, 24.1.2003, p. 3.

The order number of the tariff quota shall be 09.4003.

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.

The Common Custom Tariff duty applicable to the quota

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

The quota referred to in paragraph 1 shall be divided into

5.
two subquotas:

— subquota I equal to 18 550 tonnes,

— subquota II equal to 34 450 tonnes.

PART II

Subquota I

Article 2

Community operators may apply for import rights totalling a
quantity of 18 550 tonnes on the basis of
the quantities
imported by them under Commission Regulations (EC) No
995/1999 (7), (EC) No 980/2000 (8) and (EC) No 1080/2001 (9).

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 order 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 2003 have ceased their activ-
2.
ities in the beef and veal sector shall not qualify for any alloca-
tion under Article 2.

(7) OJ L 122, 12.5.1999, p. 3.
(8) OJ L 113, 12.5.2000, p. 27.
(9) OJ L 149, 2.6.2001, p. 11.

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A company formed by the merger of companies each
3.
having reference imports pursuant to Article 2 may use those
reference imports as basis for its application under that Article.

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

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

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 in the Member
State where the applicant has applied and obtained import
rights under subquota I.

Each issuing of import license shall result in a corresponding
reduction of the import rights obtained.

Article 4

Licence
3.
following entries:

applications and licences

shall

contain the

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 before 13:00, Brussels
time, on 23 May 2003.

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

After verifying the documents submitted, the Member
2.
States shall forward to the Commission no later than 6 June
2003 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.

Article 5

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 corre-
sponding reduction coefficient.

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.

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

— Carne de vacuno congelada [Reglamento (CE) no 780/

2003] (subcontingente I)

— Frosset oksekød (forordning (EF) nr. 780/2003)

(del-

kontingent I)

— Gefrorenes Rindfleisch (Verordnung (EG) Nr. 780/2003)

(Unterkontingent I)

— Κατεψυγµένο βόειο κρέας [κανονισµός (EK) αριθ. 780/

2003] (υποποσόστωση I)

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

780/2003) (subquota I)

— Viande bovine congelée [Règlement (CE) no 780/2003]

(sous-contingent I)

— Carni bovine congelate [Regolamento (CE) n. 780/

2003] (sotto-contingente I)

— Bevroren rundvlees (Verordening (EG) nr. 780/2003)

(deelcontingent I)

— Carne de bovino congelada [Regulamento (CE) n.o 780/

2003] (subcontingente I)

— Jäädytettyä naudanlihaa (asetus (EY) N:o 780/2003)

(osakiintiö I)

— Fryst kött av nötkreatur (förordning (EG) nr 780/2003)

(delkvot I)

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

— 0202 10 00, 0202 20,

— 0202 30, 0206 29 91.

PART III

Subquota II

Article 8

Applications for import licences with regard to subquota II
totalling 34 450 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.

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Article 9

— two or more applicants at the time of application are regis-
tered for VAT purposes on the same postal address, or

1.
Approval may be granted to an operator who submits a
request to the competent authority before 13:00, Brussels time,
on 23 May 2003 accompanied by documentary proof that:

— Member States have grounds to suspect that applicants are
connected in terms of management, staff or operation.

(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 2001
and 2002;

(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 2003 have ceased their activities
in the beef and veal sector shall not be approved for the
purpose of this subquota.

2.
In order to prove the commercial activity of his/her own
account as referred to in paragraph 1(a), the operator shall
invoices
present documentary proofs in form of commercial
and official accounts as well as any other documents showing
to the satisfaction of the Member State concerned that the
required commercial activity is related solely to the applicant
concerned.

Where related applicants are consequently identified, all appli-
the applicants
cations concerned shall be rejected unless
concerned can provide further evidence to the satisfaction of
the competent authority that they are independent from one
another in terms of management, staff and all operations linked
to their commercial or technical activity.

6.
In application of paragraph 5, where a Member State has
grounds to suspect that an applicant is connected in terms of
management, staff or operations with an applicant in another
Member State, the two Member States shall mutually verify
whether a relationship exists within the meaning of Article 143
of Regulation (EEC) No 2454/93.

For this purpose Member States shall establish a list of appli-
cants, containing their name and address, which shall be sent
by fax to the Commission before 31 May 2003. The Commis-
sion shall subsequently distribute to all Member States the lists
received.

A company applying for approval formed by a merger of
7.
companies each having rights to apply pursuant to paragraphs
1 to 3 shall enjoy the same rights as those former companies.

3.
Proof of import or export shall be provided exclusively
by means of customs documents of release for free circulation
or export documents duly endorsed by the customs authorities.

Article 10

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.

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

5. Member States shall verify that applicants are not related
to one another within the meaning of Article 143 of Commis-
sion Regulation (EEC) No 2454/93 (1), where:

— in the proof of imports or exports referred to in paragraph
3, two or more applicants are entered as having the same
postal address, or

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

1.
The competent authority shall inform applicants of the
outcome of the approval procedure before 21 June 2003 and
to the Commission
shall, at
containing the name and address of each approved operator.

the same time,

send a list

2. Where it is subsequently 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 1 July 2003 to 30 June 2004.

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Article 12

— Fryst kött av nötkreatur (förordning (EG) nr 780/2003)

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:

— 1 to 4 July 2003, and

— 5 to 8 January 2004.

(delkvot II)

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

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

PART IV

Common provisions

Article 13

The quantity available in each of the two periods is 17 225
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.

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).

Each licence application shall not exceed 5 % of the available
quantity for the period concerned.

Article 14

By the fifth working day following the end of the period
3.
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.

4.
The Commission shall decide as soon as possible the
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 Union.

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 780/

2003] (subcontingente II)

— Frosset oksekød (forordning (EF) nr. 780/2003)

(del-

kontingent II)

— Gefrorenes Rindfleisch (Verordnung (EG) Nr. 780/2003)

(Unterkontingent II)

— Κατεψυγµένο βόειο κρέας [κανονισµός (EK) αριθ. 780/

2003] (υποποσόστωση II)

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

780/2003) (subquota II)

— Viande bovine congelée [Règlement (CE) no 780/2003]

(sous-contingent II)

— Carni bovine congelate [Regolamento (CE) n. 780/

2003] (sotto-contingente II)

— Bevroren rundvlees (Verordening (EG) nr. 780/2003)

(deelcontingent II)

— Carne de bovino congelada [Regulamento (CE) n.o 780/

2003] (subcontingente II)

— Jäädytettyä naudanlihaa (asetus (EY) N:o 780/2003)

(osakiintiö II)

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 free circulation accompanying them.

Pursuant to Article 50(1) of Regulation (EC) No 1291/
3.
2000, the full Common Customs Tariff duty applicable on the
date of acceptance of the customs declaration for free circula-
tion shall be collected in respect of all quantities imported in
excess of those shown on the import licence.

4.
Import licences shall be valid for 180 days from their date
of issue as defined in Article 23(2) of Regulation (EC) No
1291/2000. However, no licence shall be valid after 30 June
2004.

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.

6.
Notwithstanding the provisions of section 4 of Title III of
the security shall not be
Regulation (EC) No 1291/2000,
released until proof has been produced that the titular holder
of the licence has been commercially and logistically respon-
sible for the purchase, transport and clearance for free circula-
tion 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/her 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;

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

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(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) 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/her.

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 free circulation under
this Regulation meat which previously had been stored under
the Community bonded warehousing system.

original commercial invoice made out in the name of the titular
holder by the owner of the meat not yet cleared for free circu-
lation. Furthermore, the titular holder must present proof of
payment of such an invoice.

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

Article 15

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

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

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

Done at Brussels, 7 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

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ANNEX II