Commission Regulation (EC) No 1968/2004 of 16 November 2004 laying down detailed rules for the application in 2005 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: 2004-11-16
Institutions: European Commission
Subjects: Yugoslavia, beef, certificate of origin, import licence, originating product, tariff quota

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COMMISSION REGULATION (EC) No 1968/2004

of 16 November 2004
laying down detailed rules for the application in 2005 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,

(3)

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 the first subparagraph of Article
32(1) thereof,

Whereas:

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
European Communities and their Member States, of the
one part,
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 Macedonia (6)
provide that detailed rules for the implementation of
concessions on ‘baby beef’ should be laid down.

and the

(4)

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 Asso-
ciation 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.

(1)

(2)

the

matters

between

The Interim Agreement with Croatia, approved by
Council Decision 2002/107/EC of 28 January 2002 on
the conclusion of an Interim Agreement on trade and
trade-related
European
Community, of
the one part, and the Republic of
Croatia, of the other part (3), and the Stabilisation and
former Yugoslav
Association Agreement with the
and
Republic of Macedonia,
Commission Decision 2004/239/EC, Euratom of 23
February 2004 concerning the conclusion of the Stabili-
sation 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 (4), lay down annual preferential tariff quotas
of 9 400 tonnes and 1 650 tonnes respectively.

approved by Council

(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
Commission 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 84, 20.3.2004, p. 1.

‘baby beef’

the quotas of

For control purposes, Regulation (EC) No 2007/2000
makes imports under
for
Bosnia and Herzegovina and Serbia and Montenegro,
including Kosovo, subject to the presentation of a certi-
ficate 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
‘baby beef’ originating in Croatia and the former
of
Yugoslav Republic of Macedonia should also be made
subject to the presentation of a certificate of authenticity
the goods originate from the issuing
attesting that
country and that they correspond exactly to the defi-
nition in Annex III to the Stabilisation and Association
Agreement with the
former Yugoslav Republic of
Macedonia and the Interim Agreement with Croatia. A
model should also be established for the certificates of
authenticity and detailed rules laid down for their use.

(5)

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 Serbia Montenegro/Kosovo.

(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. 26).

(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).

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(6)

(7)

(8)

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 certi-
for agricultural products (1), and Commission
ficates
Regulation (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 (2),
should be applicable subject to this Regulation.

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

import

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 from 1 January to 31 December 2005:

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

originating in Croatia;

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

originating in Bosnia and Herzegovina;

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

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

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

The customs duty applicable under the quotas referred to
2.
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
to
within the following CN codes, referred to in Annex II
Regulation (EC) No 2007/2000 and in Annex III
to the
Interim Agreements concluded with Croatia and the Stabili-
sation and Association Agreement concluded with 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.

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

Section 20 of licence applications and licences shall show one
of the entries listed in Annex I.

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

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

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

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

lation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

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 application 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.

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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 VII 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 Stabilisation and Association Agreement and the Interim
Agreement 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
for the exporting
countries and the customs territory concerned. They may also
be printed and completed in the official language or one of the
official languages of the exporting country or customs territory.

in Annexes II

to VI

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

The original and copies of the certificate of authenticity
3.
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.

Certificates shall be valid only if they are duly endorsed by

5.
an issuing authority listed in Annex VII.

Certificates shall be deemed to have been duly endorsed if
6.
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 5

1.

The issuing authorities listed in Annex VII shall:

(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 a
week any information enabling the entries on the certificates
of authenticity to be verified, in particular with regard to the
number of the certificate, the exporter, the consignee, the
country of destination, the product (live animals/meat), the
net weight and the date of signature.

2.
The list in Annex VII shall be revised by the Commission
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 2005.

Article 7

The exporting countries and the custom territory concerned
the
shall communicate to the Commission specimens of
stamp imprints used by their
issuing authorities and the
names and signatures of the persons empowered to sign certi-
ficates of authenticity. The Commission shall communicate that
information to the competent authorities of the Member States.

Each certificate shall have its own individual serial number
the issuing country or customs

4.
followed by the name of
territory.

Article 8

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

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

It shall apply from 1 January 2005.

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

Done at Brussels, 16 November 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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ANNEX I

Entries referred to in Article 3(2)

— in Spanish:

‘Baby beef’ [Reglamento (CE) no 1968/2004]

— in Czech:

‘Baby beef’ (Nařízení (ES) č. 1968/2004)

— in Danish:

‘Baby beef’ (forordning (EF) nr. 1968/2004)

— in German:

‘Baby beef’ (Verordnung (EG) Nr. 1968/2004)

— in Estonian:

‘Baby beef’ (Määrus (EÜ) nr 1968/2004)

— in Greek:

‘Baby beef’ [Κανονισμός (ΕΚ) αριθ. 1968/2004]

— in English:

‘Baby beef’ (Regulation (EC) No 1968/2004)

— in French:

‘Baby beef’ [Règlement (CE) no 1968/2004]

— in Italian:

‘Baby beef’ [Regolamento (CE) n. 1968/2004]

— in Latvian:

‘Baby beef’ (Regula (EK) Nr. 1968/2004)

— in Lithuanian:

‘Baby beef’ (Reglamentas (EB) Nr. 1968/2004)

— in Hungarian:

‘Baby beef’ (1968/2004/EK rendelet)

— in Maltese:

‘Baby beef’ (Regolament (KE) Nru 1968/2004)

— in Dutch:

‘Baby beef’ (Verordening (EG) nr. 1968/2004)

— in Polish:

‘Baby beef’ (Rozporządzenie (WE) nr 1968/2004)

— in Portuguese:

‘Baby beef’ [Regulamento (CE) n.o 1968/2004]

— in Slovak:

‘Baby beef’ (Nariadenie (ES) č. 1968/2004)

— in Slovenian:

‘Baby beef’ (Uredba (ES) št. 1968/2004)

— in Finnish:

‘Baby beef’ (Asetus (EY) N:o 1968/2004)

— in Swedish:

‘Baby beef’ (Förordning (EG) nr 1968/2004)

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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

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ANNEX VII

Issuing authorities:
— Republic of Croatia: ‘Euroinspekt’, Zagreb, Croatia.
— Bosnia-Herzegovina:
— The former Yugoslav Republic of Macedonia:
— Serbia and Montenegro (1):
— Serbia and Montenegro/Kosovo:

‘YU Institute for Meat Hygiene and Technology, Kacanskog 13, Belgrade, Yugoslavia’.

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