Commission Regulation (EC) No 317/2007 of 23 March 2007 amending Regulation (EC) No 936/97 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat
Date: 2007-03-23
Institutions: European Commission
Subjects: beef, buffalo meat, fresh meat, frozen product, product quality, refrigerated product, tariff quota

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Official Journal of the European Union

24.3.2007

COMMISSION REGULATION (EC) No 317/2007

of 23 March 2007

amending Regulation (EC) No 936/97 opening and providing for the administration of tariff quotas
for high-quality fresh, chilled and frozen beef and for frozen buffalo meat

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)

Commission Regulation (EC) No 936/97 (2) provides for
the opening and administration, on a multi-annual basis,
of a number of quotas of high-quality beef.

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
managed by a system of import licences (3) applies to
import licences for import tariff quota periods starting
from 1 January 2007. Regulation (EC) No 1301/2006
lays down in particular detailed provisions on appli-
cations for import licences, the status of applicants and
the issue of licences. That Regulation limits the period of
validity of licences to the last day of the import tariff
quota period. The provisions of Regulation (EC)
No 1301/2006 should apply,
to
to Regulation (EC)
imports
No 936/97, without prejudice to additional conditions
laid down in that Regulation.
It is necessary to align
the provisions of Regulation (EC) No 936/97 on Regu-
lation (EC) No 1301/2006 where appropriate.

from 1 July 2007,

issued pursuant

licences

the same Regulation provides

Article 5(2) of Regulation (EC) No 936/97 provides that
Member States should notify the Commission of the total
quantity covered by applications on the second working
day following the closing date for their submission.
Article 5(4) of
that,
subject to a decision of the Commission to accept appli-
licences should be issued on the 11th day of
cations,
should be
each month.
reasons,
For practical
provided that
the licences should be issued on the
15th day of each month. Because of the schedule of
public holidays in 2007, this amendment should apply
from April 2007.

it

(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 137, 28.5.1997, p. 10. Regulation as last amended by Regu-

lation (EC) No 1965/2006 (OJ L 408, 30.12.2006, p. 26).

(3) OJ L 238, 1.9.2006, p. 13.

(4)

(5)

(6)

(7)

Some provisions of Regulation (EC) No 936/97 relating
to import tariff quota periods in the past are obsolete.
those provisions should be
For
deleted.

the sake of clarity,

Article 5(1) of 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
Regulation (EEC) No 2377/80 (4) provides that, without
prejudice to more specific provisions, licence applications
should be made for products of a single CN subheading
or one of the groups of CN subheadings listed in Annex I
of that Regulation. In view of the range of products that
can be imported under Regulation (EC) No 936/97,
applicants should be entitled to sub-divide their single
application for the same quota order number by CN
code or group of CN codes.

Regulation (EC) No 936/97 should therefore be amended
accordingly.

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

Regulation (EC) No 936/97 is amended as follows:

1. In Article 1, paragraph 1 is replaced by the following:

‘1.
The following tariff quotas are hereby opened every
year for the period from 1 July one year to 30 June the
year after, hereinafter called “import tariff quota period”:

— 60 250 tonnes for high-quality fresh, chilled or frozen
meat of bovine animals covered by CN codes 0201 and
0202 and for products covered by CN codes 0206 10 95
and 0206 29 91. This quota carries serial No 09.4002,

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

lation (EC) No 1965/2006.

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— 2 250 tonnes for frozen boneless buffalo meat covered
by CN code 0202 30 90, expressed in weight of boneless
meat. This quota carries serial No 09.4001.

For the purposes of attributing the quotas referred to in the
first subparagraph, 100 kilograms of bone-in meat shall be
equivalent to 77 kilograms of boneless meat.’

2. Article 2 is amended as follows:

No later than 16:00, Brussels time, on the second
2.
working day following the closing date for the submission
of
the
the Member States
Commission of the total quantity per countries of origin
covered by applications.

shall notify

applications,

Import licences shall be issued on the 15th day of each

3.
month.

(a)

in point (b), the fifth subparagraph is deleted;

Each licence issued shall specify per CN code or group of CN
codes the quantity concerned.’

(b) in point (e), the third subparagraph is deleted.

6. In Article 8(2), point (a) is replaced by the following:

3. In Article 3, paragraph 2 is replaced by the following:

‘2.
For imports of the quantity set out in Article 2(f), the
import
tariff quota period shall be divided into 12
subperiods of one month each. The quantity available each
subperiod corresponds to one twelfth of the total quantity.’

‘(a) The original of the certificate of authenticity drawn up in
accordance with Articles 6 and 7 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. Article 4 is amended as follows:

7. Article 9 is replaced by the following:

(a) points (a) and (b) are deleted;

‘Article 9

(b) point (c) is replaced by the following:

‘(c) section 8 of licence applications and licences must
show the country of origin and the mention “yes”
shall be marked by a cross. Licences shall carry
with them an obligation to import
from the
country in question;’

5. Article 5 is replaced by the following:

‘Article 5

1.
Licence applications as referred to in Article 4 may be
lodged solely during the first five days of each month of
each import tariff quota period.

Notwithstanding Article 5(1) of Regulation (EC) No
1445/95, applications may cover, for the same quota order
number, one or several of the products covered by the CN
codes or groups of CN codes listed in Annex I to that
Regulation.
In case applications cover several CN codes,
the respective quantity applied for per CN code or group
of CN codes shall be specified. In all cases, all the CN codes
shall be indicated in section 16 and their description in
section 15 of licence applications and licences.

Certificates of authenticity and import licences shall be valid
for three months from their dates of issue. The term of
the certificates of authenticity shall, however,
validity of
expire at the latest on 30 June following the date of issue.’

8. Article 10 is replaced by the following:

‘Article 10

For quantities referred to in Article 2(f) of this Regulation,
the provisions of Regulation (EC) No 1445/95, Commission
Regulation (EC) No 1291/2000 (*) and Commission Regu-
lation (EC) No 1301/2006 (**) shall apply, save as otherwise
provided for in this Regulation.

For quantities referred to in the second indent of Article
1 (1) and in Article 2(a),
(e) and (g) of this
(b),
Regulation, the provisions of Regulation (EC) No 1445/95,
Regulation (EC) No 1291/2000 and Chapter III of Regu-
lation (EC) No 1301/2006, shall apply, save as otherwise
provided for in this Regulation.

(d),

(c),

___________
(*) OJ L 152, 24.6.2000, p. 1.
(**) OJ L 238, 1.9.2006, p. 13.’

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Article 2

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

It shall apply from 1 July 2007. However, Article 5(3) of Regulation (EC) No 936/97 as amended by this
Regulation shall apply from 1 April 2007.

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

Done at Brussels, 23 March 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission