Commission Regulation (EC) No 715/2005 of 12 May 2005 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 2005 to 30 June 2006)
Date: 2005-05-12
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import licence, tariff quota

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Official Journal of the European Union

13.5.2005

COMMISSION REGULATION (EC) No 715/2005

of 12 May 2005

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 2005 to
30 June 2006)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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.

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
2005/06 starting on 1 July 2005.

of

Regulation

Commission

The 2004/05 quota was managed in conformity with the
provisions
(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) (2). That Regulation introduced
administration based on an import
a method of
performance
is
that
allocated to professional operators able to import beef
without undue speculation.

criterion ensuring

the quota

The experience obtained from the application of that
results and
method shows
therefore
same
is
method of administration for the quota year 1 July
2005 to 30 June 2006.

that
appropriate

there are positive

to maintain the

it

(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 230, 30.6.2004, p. 27.

(5)

(6)

(7)

(8)

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 agricultural 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
save
where derogations are appropriate.

this Regulation,

issued under

licences

(9)

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

(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-

lation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(5) 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).

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HAS ADOPTED THIS REGULATION:

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

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 2005 to 30 June 2006.

The order number of the tariff quota shall be 09.4003.

After verifying the documents submitted,

the Member
2.
States shall communicate to the Commission no later than
the fifth Friday following the date of the publication of this
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.

The Common Customs 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
77 kilograms of boneless meat;

shall be equivalent

to

(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

1.
A Community operator may apply for import rights on
the basis of a reference quantity which shall be the quantities of
beef
falling under CN codes 0201, 0202, 0206 10 95 or
0206 29 91 imported by him/her or on his behalf under the
relevant customs provisions, between 1 May 2004 and 30 April
2005.

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

imports

Proof of

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

import

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

In order to be admissible, the application for import rights
1.
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.

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

allocated shall

constitute

rights

Article 7

Imports of

1.
presentation of one or more import licences.

the quantities allocated shall be subject

to

Article 4

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

2.
Licence applications may be lodged solely in the Member
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.

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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:

Pursuant

to Article 50(1) of Regulation (EC) No
2.
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
imported in excess of those shown on the import licence.

— 0202 10 00, 0202 20,

— 0202 30, 0206 29 91.

3.

No import licence shall be valid after 30 June 2006.

Article 8

Article 9

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

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, 12 May 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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EC Fax: (32-2) 292 17 34

E-mail: AGRI-IMP-BOVINE@cec.eu.int

ANNEX I

Application of Regulation (EC) No 715/2005

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ANNEX II

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

— in Spanish: Carne de vacuno congelada [Reglamento (CE) no 715/2005]

— in Czech: Zmražené hovězí maso (nařízení (ES) č. 715/2005)

— in Danish: Frosset oksekød (forordning (EF) nr. 715/2005)

— in German: Gefrorenes Rindfleisch (Verordnung (EG) Nr. 715/2005)

— in Estonian: Külmutatud veiseliha (määrus (EÜ) nr 715/2005)

— in Greek: Κατεψυγμένο βόειο κρέας [κανονισμός (EK) αριθ. 715/2005]

— in English: Frozen meat of bovine animals (Regulation (EC) No 715/2005)

— in French: Viande bovine congelée [Règlement (CE) no 715/2005]

— in Italian: Carni bovine congelate [Regolamento (CE) n. 715/2005]

— in Latvian: Saldēta liellopu gaļa (Regula (EK) Nr. 715/2005)

— in Lithuanian: Sušaldyta galvijiena (Reglamentas (EB) Nr. 715/2005)

— in Hungarian: Fagyasztott szarvasmarhahús (715/2005/EK rendelet)

— in Maltese: Laħam tal-friża tal-bhejjem ta’ l-ifrat (Regolament (KE) Nru 715/2005)

— in Dutch: Bevroren rundvlees (Verordening (EG) nr. 715/2005)

— in Polish: Mrożone mięso wołowe i cielęce (rozporządzenie (WE) nr 715/2005)

— in Portuguese: Carne de bovino congelada [Regulamento (CE) n.o 715/2005]

— in Slovak: Zmrazené hovädzie mäso (Smernica (ES) č. 715/2005)

— in Slovenian: Zamrznjeno goveje meso (Uredba (ES) št. 715/2005)

— in Finnish: Jäädytettyä naudanlihaa (asetus (EY) N:o 715/2005)

— in Swedish: Fryst kött av nötkreatur (förordning (EG) nr 715/2005)