Commission Regulation (EC) No 2234/2003 of 23 December 2003 laying down detailed rules for the application in 2004 of the tariff quotas for "baby beef" products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Serbia and Montenegro
Date: 2003-12-23
Institutions: European Commission
Subjects: Bosnia and Herzegovina, Croatia, North Macedonia, Serbia and Montenegro, beef, originating product, tariff quota

24.12.2003

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Official Journal of the European Union

L 339/27

COMMISSION REGULATION (EC) No 2234/2003

of 23 December 2003

laying down detailed rules for the application in 2004 of the tariff quotas for ‘baby beef’ products
originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and
Serbia and Montenegro

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), and in particular the first subparagraph of Article
32(1) thereof,

Whereas:

(1)

(2)

(3)

Article 4(2) of 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 associa-
tion process, amending Regulation (EC) No 2820/98,
and repealing Regulations (EC) No 1763/1999 and (EC)
No 6/2000 (2), provides for an annual preferential tariff
quota of 11 475 tonnes of ‘baby beef’, distributed among
Bosnia and Herzegovina and Serbia and Montenegro
including Kosovo.

The Interim Agreements with Croatia and the former
Yugoslav Republic of Macedonia, approved by Council
Decision 2002/107/EC of 28 January 2002 on the
conclusion 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 (3), and by Council Decision 2001/330/EC of 9
April 2001 on the conclusion of the Interim Agreement
on trade and trade-related matters between the European
Community, of the one part, and the former Yugoslav
Republic of Macedonia, of the other part (4), lay down
annual preferential tariff quotas of 9 400 tonnes and
1 650 tonnes respectively.

Article 2 of Council Regulation (EC) No 2248/2001 of
19 November 2001 on certain procedures for applying
the Stabilisation 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 Article 2 of Council Regulation (EC) No 153/2002
of 21 January 2002 on certain procedures for applying
the Stabilisation and Association Agreement between the

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 240, 23.9.2000, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18).

(3) OJ L 40, 12.2.2002, p. 9.
(4) OJ L 124, 4.5.2001, p. 1.
(5) OJ L 304, 21.11.2001, p. 1. Regulation as amended by Regulation

(EC) No 2/2003 (OJ L 1, 4.1.2003, p. 18).

European Communities and their Member States, of the
one part, and the former Yugoslav Republic of Mace-
donia, of the other part, and for applying the Interim
Agreement between the European Community and the
former Yugoslav Republic of Macedonia (6) provide that
detailed rules for the implementation of concessions on
‘baby beef’ should be laid down.

For control purposes, Regulation (EC) No 2007/2000
makes imports under the quotas of ‘baby beef’ for Bosnia
and Herzegovina and Serbia and Montenegro, including
Kosovo, 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
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 presen-
tation of a certificate of authenticity attesting that the
goods originate from the issuing country and that they
correspond exactly to the definition in Annex III to the
Interim Agreements with the former Yugoslav Republic
of Macedonia and with Croatia. A model should also be
established for
certificates of authenticity and
the
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 Serbia and Montenegro/Kosovo.

The quotas concerned should be managed through the
use of import licences. To this end, Commission Regu-
lation (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 (7) and Commission Regu-
lation (EC) No 1445/95 on rules of application for
import and export licences in the beef and veal sector
and repealing Regulation (EEC) No 2377/80 (8) should
be applicable, subject to this Regulation.

(4)

(5)

(6)

(6) OJ L 25, 29.1.2002, p. 16. Regulation as amended by Regulation

(EC) No 3/2003 (OJ L 1, 4.1.2003, p. 30).

(7) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 325/2003 (OJ L 47, 21.2.2003, p. 21).

(8) OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regu-

lation (EC) No 852/2003 (OJ L 123, 17.5.2003, p. 9).

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Official Journal of the European Union

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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.

Section 8 of licence applications and licences shall show
2.
the country or customs territory of origin. Licences shall carry
with them an obligation to import
from the country or
customs territory indicated.

(7)

(8)

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 2004:

(a) 9 400 tonnes of ‘baby beef’, expressed in carcase weight,

originating in Croatia;

(b) 1 500 tonnes of ‘baby beef’, expressed in carcase weight,

originating in Bosnia and Herzegovina;

(c) 1 650 tonnes of ‘baby beef’, expressed in carcase weight,
originating in the former Yugoslav Republic of Macedonia;

(d) 9 975 tonnes of ‘baby beef’, expressed in carcase weight,
originating in Serbia and Montenegro including Kosovo.

The quotas referred to in the first subparagraph shall bear the
serial Nos 09.4503, 09.4504, 09.4505 and 09.4506 respec-
tively.

For the purposes of attributing those 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 the following CN codes, 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:

— ex 0102 90 51,
ex 0102 90 79,

ex 0102 90 59,

ex 0102 90 71

and

— ex 0201 10 00 and ex 0201 20 20,

— ex 0201 20 30,

— ex 0201 20 50.

Article 2

Save as otherwise provided in this Regulation, Regulations (EC)
No 1291/2000 and (EC) No 1445/95 shall apply to importing
operations under the quotas referred to in Article 1.

Article 3

1.
Imports of the quantities set out in Article 1 shall be
subject to presentation, on release for free circulation, of an
import licence.

Section 20 of licence applications and licences shall show one
of the following entries:

— ‘Baby beef’ [Reglamento (CE) no 2234/2003]

— ‘Baby beef’ [forordning (EF) nr. 2234/2003]

— ‘Baby beef’ [Verordnung (EG) Nr. 2234/2003]

— ‘Baby beef’ [Κανονισµός (EK) αριθ. 2234/2003]

— ‘Baby beef’ (Regulation (EC) No 2234/2003)

— ‘Baby beef’ [Règlement (CE) no 2234/2003]

— ‘Baby beef’ [regolamento (CE) n. 2234/2003]

— ‘Baby beef’ [Verordening (EG) nr. 2234/2003]

— ‘Baby beef’ [Regulamento (CE) n.o 2234/2003]

— ‘Baby beef’ (asetus (EY) N:o 2234/2003)

— ‘Baby beef’ [förordning (EG) nr 2234/2003].

The original of the certificate of authenticity drawn up in
3.
accordance with Article 4 plus a copy thereof
shall be
presented to the competent authority together with the applica-
tion for the first import licence relating to the certificate of
authenticity. The original of the certificate of authenticity shall
be kept by the competent authority.

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.

4.
The competent authorities may issue import licences only
after they are satisfied that all the information on the certificate
of authenticity corresponds to that received each week from
the Commission for the imports concerned. The licences shall
be issued immediately thereafter.

Article 4

1.
All applications for imports licences under the quotas
referred to in Article 1 shall be accompanied by a certificate of
authenticity issued by the authorities of the exporting country
or customs territory listed in Annex VI 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 Article 1(3).

Certificates of authenticity shall be made out

2.
in one
original and two copies, to be printed and completed in one of
the official languages of the Community, in accordance with
the relevant model
IV and V for the
exporting countries and the customs territory concerned. They
may also be printed and completed in the official language or
the exporting country or
one of
customs territory.

in Annexes I,

languages of

the official

III,

II,

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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.

3.
The original and copies of the certificate of authenticity
may be typed or hand-written. In the latter case, they shall be
completed in black ink and in block capitals.

The certificate forms shall measure 210 x 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.

(c) undertake to forward to the Commission at least once a
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 VI shall 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 6

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 2004.

Article 7

The exporting countries and the custom territory concerned
shall communicate to the Commission specimens 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 communicate that informa-
tion to the competent authorities of the Member States.

Article 5

Article 8

1.

The issuing authorities listed in Annex VI shall:

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

territory concerned;

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

(b) undertake to verify entries on the certificates;

It shall apply from 1 January 2004.

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

Done at Brussels, 23 December 2003.

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-Herzegovina:

— Former Yugoslav Republic of Macedonia:

— Serbia and Montenegro (1): ‘YU Institute for Meat Hygiene and Technology’, Kacanskog 13, Belgrade, Yugoslavia.

— Serbia and Montenegro/Kosovo:

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