Commission Regulation (EC) No 1203/2004 of 29 June 2004 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 2004 to 30 June 2005)
Date: 2004-06-29
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import licence, tariff quota

30.6.2004

EN

Official Journal of the European Union

L 230/27

COMMISSION REGULATION (EC) No 1203/2004

of 29 June 2004

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 2004 to 30 June
2005)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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 Article 32(1) thereof,

Whereas:

(1)

(2)

(3)

The WTO schedule CXL requires the Community to open
an annual import quota of 53 000 tonnes of frozen beef
covered by CN code 0202 and products covered by CN
code 0206 29 91 (order number 09.4003).
Imple-
menting rules should be laid down for the quota year
2004/05 starting on 1 July 2004.

The 2003/04 quota was managed in conformity with the
provisions of Commission Regulation (EC) No 780/2003
of 7 May 2003 opening and providing for the adminis-
tration 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) (2). That Regulation laid down, in particular,
strict 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

The experience obtained from the application of those
rules indicates, however, that the uniform application of
the management rules in the various Member States
could not be guaranteed and that the quota continued
to be vulnerable to speculation among operators,
in
particular due to the method of allocation provided for
under subquota II in Regulation (EC) No 780/2003. In
order to avoid a continuation of that situation and to
ensure
to
introduce a method of administration based on an
import performance criterion ensuring that
the quota
will be allocated to professional operators able to
import beef without undue speculation.

efficient management

appropriate

is

it

(5)

(6)

(7)

(8)

(9)

It
is appropriate to determine a reference period for
eligible imports which is long enough to provide for a
representative performance while also sufficiently recent
to reflect the latest development in trade.

Operators in the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
referred to as ‘the new Member States’)
(hereinafter
imports
should be allowed to apply on the basis of
from countries which for them were third countries
until 30 April 2004.

For control reasons, applications for import rights should
be submitted in the Member States where the operator is
entered in the national VAT register.

In order to prevent speculation, a security relating to
import rights should be fixed for each applicant under
the quota.

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 secu-
rities for agriculture products (3).

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 (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 Regu-
lation (EEC) No 2377/80 (5) should be applicable to
import
issued according to this Regulation,
save where derogations are appropriate.

licences

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

lation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

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

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

(2) OJ L 114, 8.5.2003, p. 8.

lation (EC) No 360/2004 (OJ L 63, 28.2.2004, p. 13).

(3) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

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

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Official Journal of the European Union

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(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
A tariff quota totalling 53 000 tonnes expressed in weight
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 2004 to 30 June 2005.

The order number of the tariff quota shall be 09.4003.

The Common Custom Tariff duty applicable to the quota

2.
provided for in paragraph 1 shall be 20 % ad valorem.

Article 2

For the purposes of this Regulation,

a) 100 kilograms of bone-in meat shall be equivalent to 77

kilograms of boneless meat;

b) ‘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 Community.

Article 3

A Community operator may apply for import rights on
1.
the basis of a reference quantity which shall be the quantities of
beef
falling under CN code 0201, 0202, 0206 10 95 or
0206 29 91 imported by him/her or on his/her account
under
the relevant customs provisions, between 1 January
2003 and 30 April 2004.

Operators in the new Member States may apply for import
the
rights on the basis of
products referred to in the first subparagraph from countries
which for them were third countries until 30 April 2004.

imports in the period and of

2.
A company formed by the merger of companies each
having reference imports may use those reference imports as
basis for its application.

Article 4

1.
No later than 13.00, Brussels time, on the second Friday
following the date of the publication of the present Regulation
in the Official
the European Union, applications for
reach the competent authority in the
rights
import
Member State where the applicant is entered in the national
VAT register.

Journal of
shall

All quantities presented as reference quantity, in application of
Article 3, shall constitute the import rights applied for.

After verifying the documents submitted,

2.
the Member
States shall communicate to the Commission no later than
the fourth Friday following the date of the publication of the
present Regulation in the Official Journal of the European Union, a
list of applicants for import rights under the quota provided for
in Article 1(1), including in particular their names and addresses
and the quantities of eligible meat imported during the reference
period concerned.

Communications of

3.
information referred to in
paragraph 2, including nil returns, shall be sent by fax or e-
mail using the form in Annex I.

the

Article 5

The Commission shall decide as soon as possible the extent to
which import rights under the quota provided for in Article 1
(1) may be granted. Where the import rights applied for exceed
the available quantity referred to in Article 1(1) the Commission
shall fix a corresponding reduction coefficient.

Article 6

1.
In order to be admissible, the application for import rights
must be accompanied by a security of EUR 6 per 100 kilograms
boneless equivalent.

2. Where application of the reduction coefficient referred to
in Article 5 causes fewer import rights to be allocated than had
been applied for, the security lodged shall be released propor-
tionally without delay.

imports

Proof of

referred to in paragraph 1 shall
3.
accompany the application for
rights and shall be
provided by means of duly endorsed copy for the consignee
of the customs declaration for release for free circulation.

import

The application for one or several import licences totalling
3.
the
a primary
import
requirement within the meaning of Article 20(2) of Regulation
(EEC) No 2220/85.

allocated shall

constitute

rights

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Article 7

Article 8

Imports of

1.
presentation of one or more import licences.

the quantities allocated shall be subject

to

1.
Regulations (EC) No 1291/2000 and (EC) No 1445/95
shall apply, save where otherwise provided in this Regulation.

Licence applications may be lodged solely in the Member
2.
State where the applicant has obtained import rights under the
quota provided for in Article 1(1).

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

3.

Licence applications and licences shall contain:

a)

in section 20, one of the entries listed in Annex II;

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

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

Pursuant

2.
to Article 50(1) of Regulation (EC) No
1291/2000, the full Common Customs Tariff duty applicable
on the date of acceptance of the customs declaration for free
circulation shall be collected in respect of all quantities
licence.
imported in excess of

those shown on the import

3.

No import licence shall be valid after 30 June 2005.

Article 9

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 29 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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— Fax (32-2) 299 85 70
— E-mail: AGRI-Bovins-Import@cec.eu.int

ANNEX I

Application of Regulation (EC) No 1203/2004

Order No: 09.4003

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ANNEX II

Entries referred to in Article 7(3)(a)

— in Spanish: Carne de vacuno congelada [Reglamento (CE) no 1203/2004]
— in Czech: Zmražené hovězí maso (nařízení (ES) č. 1203/2004)
— in Danish: Frosset oksekød (forordning (EF) nr. 1203/2004)
— in German: Gefrorenes Rindfleisch (Verordnung (EG) Nr. 1203/2004)
— in Estonian: Külmutatud veiseliha (määrus (EÜ) nr 1203/2004)
— in Greek: Κατεψυγμένο βόειο κρέας [κανονισμός (EK) αριθ. 1203/2004]
— in English: Frozen meat of bovine animals (Regulation (EC) No 1203/2004)
— in French: Viande bovine congelée [Règlement (CE) no 1203/2004]
— in Italian: Carni bovine congelate [Regolamento (CE) n. 1203/2004]
— in Latvian: Saldēta liellopu gaļa (Regula (EK) Nr. 1203/2004)
— in Lithuanian: Sušaldyta galvijiena (Reglamentas (EB) Nr. 1203/2004)
— in Hungarian: Fagyasztott szarvasmarhahús (1203/EK rendelet)
— in Dutch: Bevroren rundvlees (Verordening (EG) nr. 1203/2004)
— in Polish: Mrożone mięso wołowe i cielęce (rozporządzenie (WE) nr 1203/2004)
— in Portuguese: Carne de bovino congelada [Regulamento (CE) n.o 1203/2004]
— in Slovak: Zmrazené hovädzie mäso (Smernica (ES) č. 1203/2004)
— in Slovenian: Zamrznjeno goveje meso (Uredba (ES) št. 1203/2004)
— in Finnish: Jäädytettyä naudanlihaa (asetus (EY) N:o 1203/2004)
— in Swedish: Fryst kött av nötkreatur (förordning (EG) nr 1203/2004)