Commission Regulation (EC) No 2092/2004 of 8 December 2004 laying down detailed rules of application for an import tariff quota of dried boneless beef originating in Switzerland
Date: 2004-12-08
Institutions: European Commission
Subjects: Switzerland, beef, boned meat, certificate of origin, dried product, import, originating product, tariff quota

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Official Journal of the European Union

9.12.2004

COMMISSION REGULATION (EC) No 2092/2004

of 8 December 2004

laying down detailed rules of application for an import tariff quota of dried boneless beef origi-
nating in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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:

(1)

(2)

(3)

Swiss Confederation on trade

The Agreement between the European Community and
the
in agricultural
products (2)
the Agreement) which was
(hereinafter
approved on behalf of
the Community by Decision
2002/309/EC, Euratom provides for tariff-free imports
of a quantity of 1 200 tonnes per annum for meat of
bovine animals, boneless, dried, falling under CN code
ex 0210 20 90.

to ad valorem duty and exempt
import

Due to the BSE crisis the parties declared in the Joint
Declaration on the meat sector, included in the Final Act
to the Agreement (3) that, by way of an exception, an
annual autonomous quota should be opened by the
Community for 700 tonnes net weight dried beef
subject
from the
specific duty until
restrictions
the lifting of
imposed by certain Member States on Switzerland.
Commission Regulation (EC) No 2424/1999 of 15
November 1999 laying down detailed rules of appli-
cation for an import tariff quota of dried boneless beef
provided
(EC) No
2249/1999 (4) opened an import tariff quota of dried
boneless beef for imports from Switzerland on a plur-
iannual basis for an annual volume of 700 tonnes from
1 July to 30 June of the following year.

Regulation

Council

for

in

At its third meeting held in Brussels on 4 December
2003 the Joint Committee on Agriculture concluded
that after the adoption of Decision No 2/2003 of the
Joint Veterinary Committee set up by the Agreement
between the European Community and the Swiss
Confederation on trade in agricultural products of 25
November 2003 amending Appendices 1, 2, 3, 4, 5, 6

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by
L 328,

(EC) No 1899/2004 (OJ

Commission Regulation
30.10.2004, p. 67).

(2) OJ L 114, 30.4.2002, p. 132.
(3) OJ L 114, 30.4.2002, p. 352.
(4) OJ L 294, 16.11.1999, p. 13. Regulation as last amended by Regu-

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

the

and 11 to Annex 11 to the Agreement (5), and the
the restrictive measures by the
subsequent
lifting of
concessions as
Member States on Switzerland,
provided for in the Agreement should be applied as
soon as possible. However, with consideration to the
change in rules of origin,
it was jointly felt necessary
to allow sufficient time for operators to adjust and to
take appropriate steps in relation to possible stocks.
Consequently,
the new
concessions as of 1 January 2005.

it was agreed to implement

Detailed rules of application should, therefore, be laid
down on a pluriannual basis for a tariff-free import
quota of a quantity of 1 200 tonnes per annum starting
on 1 January 2005 for meat of bovine animals, boneless,
dried, falling under CN code ex 0210 20 90 originating
in Switzerland.

To be eligible for the benefit of this tariff quota, the
products concerned should originate in Switzerland in
conformity with the rules referred to in Article 4 of
the Agreement. A precise definition of
the eligible
products should be provided. For reasons of control,
imports under
to the
presentation of a certificate of authenticity attesting that
the meat corresponds exactly to the eligible definition. It
is necessary to establish a model for those certificates and
lay down detailed rules for their use.

that quota should be subject

The arrangements
should be managed using import
licences. To this end, rules should be laid down on the
submission of applications and the information to be
given on applications and licences, where necessary by
derogation from Commission Regulation (EC) No
1291/2000 of 9 June 2000 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (6) and from Commission Regu-
lation (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 (7).

the application of

for

(4)

(5)

(6)

(5) OJ L 23, 28.1.2004, p. 27.
(6) 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).

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

lation (EC) No 1118/2004.

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(7)

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

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.

(8)

Regulation (EC) No 2424/1999 should be repealed.

(9)

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

A Community duty-free import

tariff quota for dried
1.
boneless meat of bovine animals
falling within CN code
ex 0210 20 90 and originating in Switzerland is hereby
opened on a pluriannual basis for an annual volume of
1 200 tonnes for periods from 1 January to 31 December
(hereinafter the quota).

The order number of the quota shall be 09.4202.

2.
The rules of origin applicable to the products referred to
in paragraph 1 shall be those provided for in Article 4 of the
Agreement between the European Community and the Swiss
Confederation on trade in agricultural products.

For the purposes of this Regulation, dried boneless meat
3.
shall mean cuts of meat from haunches of bovine animals aged
at least 18 months, with no visible intramuscular fat (3 to 7 %)
and a pH of
the fresh meat between 5,4 and 6,0; salted,
seasoned, pressed, dried only in fresh dry air and developing
noble mould (bloom of microscopic fungi). The weight of the
finished product is between 41 % and 53 % of the raw material
before salting.

Article 2

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

2.
The original of the certificate of authenticity drawn up in
accordance with Article 3 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.

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 on the subject. The licences shall be issued imme-
diately thereafter.

However, the competent authorities may, in exceptional cases
and on duly reasoned application, issue import licences on the
basis of the relevant certificates of authenticity before the infor-
mation from the Commission is received. In such cases, the
security for the import licences shall be equal to the amount
corresponding to the full customs duty under the common
customs tariff. After having received the information relating
to the certificate, Member States shall replace this security
with that
referred to in Article 4 of Regulation (EC) No
1445/1995.

5.
Section 20 of the licence applications and of the licences
themselves shall show one of the endorsements listed in Annex I.

Article 3

1.
The certificates of authenticity referred to in Article 2 shall
be made out in one original and two copies, to be printed and
completed in one of the official languages of the Community, in
accordance with the model in Annex II. It may also be printed
and completed in the official
language or one of the official
languages of the exporting country.

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.

2.
The certificate forms shall measure 210 × 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.

3.
The original of the certificate and copies thereof may be
typed or handwritten. In the latter case, they must be completed
in black ink and in block capitals.

Each certificate shall have its own individual serial number

4.
followed by the name of the issuing country.

The original of the certificate of authenticity shall be kept by
that authority.

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

3.
A certificate of authenticity may be used for the issuing of
more than one import licence for quantities not exceeding that

The definition of dried boneless meat provided for in

5.
Article 1(3) shall be clearly laid down in the certificate.

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Certificates shall be valid only if they are duly endorsed by

6.
an issuing authority listed in Annex III.

their term of validity shall expire on 31 December following
the date of issue.

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.

Article 4

1.

The issuing authorities listed in Annex III must:

(a) be recognised as such by the exporting country 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, in particular the number of the certificate,
the exporter, the consignee, the country of destination, the
product, the net weight and the date of signature, to be
verified.

2.
The list in Annex III may be revised by the Commission
where the requirement referred to in paragraph 1(a) of this
Article is no longer met or where the issuing authority fails
to fulfil any of the obligations incumbent on it.

Article 5

Certificates of authenticity and import licences shall be valid for
three months from their respective dates of issue. However,

Article 6

The provisions of Regulations (EC) No 1291/2000 and (EC) No
1445/95 shall apply subject to the provisions of this Regu-
lation.

Article 7

The authorities of the exporting countries 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. Any subsequent
changes of stamps or names shall equally be notified to the
Commission as
soon as possible. The Commission shall
communicate this information to the competent authorities of
the Member States.

Article 8

Regulation (EC) No 2424/1999 is repealed.

Article 9

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

It shall apply from 1 January 2005.

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

Done at Brussels, 8 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Endorsements referred to in Article 2(5)

— in Spanish:

Carne de vacuno seca deshuesada — Reglamento (CE) no 2092/2004

— in Czech:

Vykostěné sušené hovězí maso – směrnice (ES) č. 2092/2004

— in Danish:

Tørret udbenet oksekød — forordning (EF) nr. 2092/2004

— in German:

Entbeintes, getrocknetes Rindfleisch — Verordnung (EG) Nr. 2092/2004

— in Estonian:

Kuivatatud kondita veiseliha – määrus (EÜ) nr 2092/2004

— in Greek:

Αποξηραμένο βόειο κρέας χωρίς κόκαλα — Κανονισμός (ΕΚ) αριθ. 2092/2004

— In English:

Dried boneless beef — Regulation (EC) No 2092/2004

— In French:

Viande bovine séchée désossée — Règlement (CE) no 2092/2004

— In Italian:

Carni bovine disossate ed essiccate — regolamento (CE) n. 2092/2004

— In Latvian:

Žāvēta atkaulota liellopu gaļa – Regula (EK) Nr. 2092/2004

— in Lithuanian:

Džiovinta jautiena be kaulų – Reglamentas (EB) Nr. 2092/2004

— in Hungarian:

Szárított, kicsontozott marhahús – 2092/2004/EK rendelet

— in Dutch:

Gedroogd rundvlees zonder been — Verordening (EG) nr. 2092/2004

— in Polish:

Suszone mięso wołowe bez kości — Rozporządzenie (WE) nr 2092/2004

— in Portuguese:

Carne de bovino seca desossada — Regulamento (CE) n.o 2092/2004

— in Slovak:

Vykostené, sušené hovädzie mäso – Nariadenie (ES) č. 2092/2004

— in Slovenian:

Posušeno goveje meso brez kosti – Uredba (ES) št. 2092/2004

— in Finnish:

Kuivattua luutonta naudanlihaa – asetus (EY) N:o 2092/2004

— in Swedish:

Torkat benfritt nötkött – förordning (EG) nr 2092/2004

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ANNEX II

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List of authorities in exporting countries empowered to issue certificate of authenticity

ANNEX III

SWITZERLAND:
— Office vétérinaire federal/Bundesamt für Veterinärwesen/Ufficio federale di veterinaria