Commission Regulation (EC) No 1731/2006 of 23 November 2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products
Date: 2006-11-23
Institutions: European Commission
Subjects: beef, export (EU), export refund, meat product, preserved product

L 325/12

EN

Official Journal of the European Union

24.11.2006

COMMISSION REGULATION (EC) No 1731/2006

of 23 November 2006

on special detailed rules for the application of export refunds in the case of certain preserved beef
and veal products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

origin and contain a minimum percentage of beef and
veal, excluding offal and fat.

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 33(12) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EEC) No 2388/84 of 14 August
1984 on special detailed rules for the application of
export refunds in the case of certain preserved beef and
veal products (2) lays down the conditions under which
preserved meat falling within CN codes 1602 50 31 and
1602 50 39 which is exported to third countries may be
eligible for a special refund.

In particular, those preserved products must be manu-
factured under the arrangements provided for in Article 4
of Council Regulation (EEC) No 565/80 of 4 March
1980 on the advance payment of export refunds in
respect of agricultural products (3).

for applying the advance
The rules and conditions
payment of
the refund on products processed under
the arrangements provided for in Article 4 of Regulation
(EEC) No 565/80 are laid down in Chapter 3 of Title II
of Commission Regulation (EC) No 800/1999 of 15
April 1999 laying down common detailed rules for the
application of
the system of export refunds on agri-
cultural products (4).

The measures laid down by Regulation (EEC) No 565/80,
the corresponding implementing measures laid down by
Chapter 3 of Title II of Regulation (EC) No 800/1999
and Regulation (EEC) No 2388/84 have been repealed by
Commission Regulation (EC) No 1713/2006.

It is also laid down that,
in order to benefit from an
export refund, the abovementioned preserved products
must be produced from beef and veal of Community

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

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 221, 18.8.1984, p. 28. Regulation as repealed by Regulation

(EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

(3) OJ L 62, 7.3.1980, p. 5. Regulation as repealed by Regulation (EC)

No 1713/2006.

(6)

(7)

is of Community origin,

To guarantee that
the preserved products eligible for
export refunds are produced solely from beef and veal,
and that
such
the meat
the
production must be kept under
customs authority in accordance with Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (5) and the payment of the
refund must remain linked to compliance with those
conditions.

the control of

To increase the transparency and effectiveness of those
controls, particularly in the case of a post-clearance
check, provision should be made for operators to keep
up-to-date records of information allowing monitoring of
the use of beef and veal in the production of preserved
products
to the production batches of
according
preserved products.

(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

Scope

the
Without prejudice to Regulation (EC) No 800/1999,
payment of an export refund on preserved products falling
1602 50 31 9325,
within
1602 50 31 9125,
‘the
1602 50 39 9125 and 1602 50 39 9325 (hereinafter
preserved products’) shall be subject to compliance with the
conditions laid down by this Regulation.

CN codes

Article 2

General conditions

The preserved products may benefit

from an export
1.
refund only if
they are manufactured under supervision by
the customs authorities and under customs control within the
meaning of Article 4(13) and (14) of Regulation (EEC) No
2913/92.

Production and export must be carried out during the
2.
period of validity of the export licence with advance fixing of
the refund.

(4) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

(5) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1713/2006.

lation (EC) No 648/2005 (OJ L 117, 4.5.2005, p. 13).

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Official Journal of the European Union

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Article 3

Specific conditions relating to production

(b) the number,

identification details, quantity and type of

preserved products produced from that meat.

shall

submit

Operators

1.
to the customs authority a
intention to place meat under
declaration stating their
customs control with a view to manufacturing preserved
products and exporting them with a refund.

The information referred to in point (b) shall be entered on
each of
the declarations referred to in Article 3(1) under
customs control.

This declaration shall
the quantities
involved, the identification details and the types of meat to be
used as raw materials, and the places of storage.

indicate in particular

For the purposes of this paragraph, ‘batch of preserved products’
shall mean all preserved products produced at the same time
and under practically identical circumstances.

The meat shall be presented in boxes and labelled in a manner
which ensures it is clearly identifiable and can be easily asso-
ciated with the accompanying declaration.

2.
Once the declaration referred to in paragraph 1 has been
accepted, the meat and the processing operation shall be placed
under customs control. This control shall be based on docu-
mentary and physical checks, which may be performed on the
meat when it enters the procedure, or during storage or
production and on the corresponding documents, particularly
those referred to in paragraphs 7 and 8.

Article 3 of Council Regulation (EEC) No 386/90 (1) and
Articles 2(2), 3, 4, 5, 6, 8(1), 8(2) and the first subparagraph
of Article 11 of Commission Regulation (EC) No 2090/2002 (2)
and Annex I thereto shall apply mutatis mutandis.

8.
Detailed recipes covering the various production processes
and products for which refunds are applied for under this
Regulation shall be kept at
the place of production. These
documents, and those referred to in paragraph 7, shall be
kept by operators for at least three calendar years following
the year of production. The customs authorities shall have
access to these documents as required for control purposes.

The preserved products produced shall

9.
remain under
customs control until they leave the customs territory of the
Community or reach one of the destinations provided for in
Article 36 of Regulation (EC) No 800/1999.

Article 4

Characteristics of preserved products

3.
Pending production, the meat referred to in paragraph 1
shall be kept permanently separate from all other beef and veal.

The preserved products shall:

Operators shall keep a separate record of entries of beef

4.
and veal intended for the production of preserved products.

Operators shall

inform the customs authorities of

5.
the
places and dates of production of the preserved products and
shall also notify the quantity, identification details and type of
beef and veal to be used to this end.

6.
During the production of the preserved products only the
beef and veal referred to in paragraph 1 may be present in the
production area.

For each batch of preserved products produced, operators

7.
shall keep an up-to-date record indicating:

— be produced from beef and veal of Community origin,

— contain not less than 80 % beef and veal, excluding offal

and fat, and

— be put in tins of a unit weight of not more than 2 500

grams net.

In addition, the name of the Member State in which the product
was manufactured shall be stamped in relief, uncoded, on each
of the tins, clearly visible, in an official language of that Member
State.

Article 5

(a) the nature, identification details and quantities of meat used

Additional control measures

as a raw material, and

(1) OJ L 42, 16.2.1990, p. 6. Regulation as last amended by Regulation

(EC) No 163/94 (OJ L 24, 29.1.1994, p. 2).

(2) OJ L 322, 27.11.2002, p. 4. Regulation as last amended by Regu-

lation (EC) No 1454/2004 (OJ L 269, 17.8.2004, p. 9).

The Member States shall lay down more detailed measures for
controlling production of the preserved products and inform
the Commission thereof.
take all
necessary steps to exclude any possibility of substitution of
the raw materials used or of the products in question.

In particular,

they shall

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Official Journal of the European Union

24.11.2006

Article 6

Export formalities

the
second subparagraph of Article 3(7), and the copy of
export declaration(s)
through administrative
shall be sent
channels to the body responsible for paying the export refunds.

for

formalities

Once the customs

the
1.
customs
preserved products have been completed,
authority shall
the declaration(s)
referred to in Article 3(1) on the export declaration(s) referred
to in Article 5 of Regulation (EC) No 800/1999 together with
the preserved
the quantities and identification details of
products exported corresponding to each declaration.

the export of
the

indicate the number of

Article 7

Entry into force

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

Once the customs

2.
for export have been
formalities
completed, the declaration(s) referred to in Article 3(1), with
information added in accordance with the
the additional

It shall apply from 1 January 2007.

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

Done at Brussels, 23 November 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission