Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (Codified version)
Date: 2007-11-21
Institutions: European Commission
Subjects: beef, boned meat, export refund, fixing of prices, fresh meat, refrigerated product

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COMMISSION REGULATION (EC) No 1359/2007

of 21 November 2007

laying down the conditions for granting special export refunds on certain cuts of boned meat of
bovine animals

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(5) With a view to ensuring compliance with the conditions
laid down for the granting of refunds,
it should be
provided that the export formalities and, where appro-
priate, cutting and boning should only be carried out in
the Member State in which the animals are slaughtered.

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) and Article 41
thereof,

(6)

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EEC) No 1964/82 of 20 July
1982 laying down the conditions for granting special
refunds on certain cuts of boned meat of
export
animals (2) has been substantially
amended
bovine
several times (3). In the interests of clarity and rationality
the said Regulation should be codified.

Regulation (EC) No 1254/1999 lays down general rules
for granting export refunds and criteria for fixing the
amount thereof.

situation,

the market

the economic
On account of
situation in the beef and veal sector and the scope for
selling certain products of
the conditions
governing the payment of special export refunds on
In particular,
should be determined.
these products
conditions should be laid down for certain cuts of
meat produced by boning quarters of male cattle.

the sector,

a

special

supervisory procedure

In order to ensure that those objectives are complied
with,
should be
introduced. The origin of the product may be authen-
ticated by the production of a certificate in accordance
with the model set out in Annex I to Commission Regu-
lation (EC) No 433/2007 of 20 April 2007 laying down
the conditions for granting special export refunds for
beef and veal (4).

(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 212, 21.7.1982, p. 48. Regulation as last amended by Regu-

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

(3) See Annex III.
(4) OJ L 104, 21.4.2007, p. 3.

It should be specified that the grant of the special refund
is to be conditional on all the cut meat produced by
boning the quarters placed under
supervision being
exported. However,
for hindquarters, with a view to
obtaining better prices within the Community, certain
exceptions to the general rule should be laid down
freeing the
without
Community market. The circumstances in which the
requirement to export all the meat obtained is not fully
met without losing entitlement to the refund should be
laid down. However, that possibility should be limited
and made subject to restrictions to prevent misuse.

thereby jeopardising the goal of

(7)

(8)

should be made

As far as time limits and proof of export are concerned,
reference
to the provisions of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (5).

The application of the arrangements on victualling ware-
in Article 40 of Regulation (EC) No
houses set out
800/1999 is incompatible with the purpose of
this
present Regulation. There is no need therefore to make
any provision for applying the arrangements indicated in
the Article 40 of that Regulation to the products in
question.

(9)

In view of the special nature of this refund, no substi-
tution should be permitted and means of identification of
the products in question should be provided for.

(10)

The method by which the Member States notify the
the quantities of products on which
Commission of
special export refunds have been granted should be laid
down.

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

lation (EC) No 1001/2007 (OJ L 226, 30.8.2007, p. 9).

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Official Journal of the European Union

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(11)

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 4

The period within which the quarters must be boned shall,
except in circumstances of force majeure, be 10 working days
from the date of acceptance of the declaration referred to in
Article 3.

Article 1

Article 5

Individually packaged boneless cuts from fresh or chilled fore-
quarters and hindquarters of adult male cattle with an average
lean meat content of 55 % or more shall, under the conditions
laid down in this Regulation, qualify for special export refunds.

1.
After boning, the operator shall submit for endorsement
to the competent authority one or more ‘boned meat certi-
ficates’, models of which are set out in Annexes I and II and
on which the number of the certificate referred to in Article 3
(2) shall be entered in box 7.

Article 2

For the purposes of this Regulation, the following definitions
shall apply:

(a)

‘forequarters’: unseparated or
separated forequarters, as
defined in Additional Notes 1.A (d) and (e) to Chapter 2
of the combined nomenclature, straight cut or ‘Pistola’;

(b) ‘hindquarters’: unseparated or separated hindquarters, as
defined in Additional Notes 1.A (f) and (g) to Chapter 2
of the combined nomenclature, with a maximum of eight
ribs or eight pairs of ribs, straight cut or ‘Pistola’.

Article 3

The operator shall submit to the competent authorities
1.
indicated by the Member States a declaration stating his
intention to bone
forequarters or hindquarters as
referred to in Article 1 under the terms of this Regulation
and to export, subject
the entire quantity of
to Article 7,
boned cuts obtained, each cut being individually packaged.

either

The declaration shall, in particular, describe and state the

2.
quantity of the products to be boned.

It shall be accompanied by a certificate, a model of which is set
issued in
out in Annex I to Regulation (EC) No 433/2007,
accordance with the provisions of the first subparagraph of
Article 2(2) of that Regulation. However, Notes B and C and
box 11 of that certificate shall not apply. The provisions of
that Regulation shall be applicable mutatis
Article 3 of
mutandis until the products are placed under supervision as
referred to in paragraph 3 of this present Article.

The numbers of

the ‘boned meat certificates’ shall be
2.
entered in box 9 of the certificate referred to in Article 3(2).
This latter certificate, duly completed, shall be sent by admi-
nistrative channels to the agency responsible for payment of
export refunds when ‘boned meat certificates’ corresponding
to the entire quantity of boned meat from the quarters taken
under supervision have been endorsed in accordance with
paragraph 1 of this Article.

The ‘boned meat certificates’ must be submitted when the

3.
customs formalities referred to in Article 6 are completed.

4.
Boning shall be carried out and the customs export for-
malities completed in the Member State in which the animals
were slaughtered.

Article 6

1.
Customs formalities for export from the Community for
supplies as referred to in Article 36 of Regulation (EC) No
800/1999 or for products placed under the customs ware-
housing procedure prior to export referred to in Commission
Regulation (EC) No 1741/2006 (1) shall be completed in the
Member State in which the declaration as referred to in
Article 3 is accepted.

In box 11 of the ‘boned meat certificate’ the customs
2.
authorities shall enter the reference numbers and dates of the
declarations referred to in Article 5(4) of Regulation (EC) No
800/1999.

On the declaration's being accepted by the competent
3.
authorities, who shall
insert thereon the date of acceptance,
the quarters to be boned shall be placed under the supervision
of those authorities, who shall establish the net weight of the
products and enter this in box 7 of the certificate referred to in
paragraph 2.

After customs formalities covering the quantity of cuts for
3.
export are completed, the ‘boned meat certificate’ shall be sent
by administrative channels to the agency responsible for paying
the export refunds.

(1) OJ L 329, 25.11.2006, p. 7.

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Article 7

Except in cases of force majeure, special refunds shall be
1.
granted subject
the total quantity of cuts
produced by boning performed under supervision in accordance
with Article 3(3) and that are shown in the certificate(s)
provided for in Article 5(1).

to the export of

If the quantity exported is less than the weight shown in
the
the certificate(s) provided for in Article 5(1),
the
reduced. The percentage of

refund shall be

6.
box 6 of
special
reduction shall be:

However, operators shall be authorised not to export the

2.
total quantity of cuts produced by boning hindquarters.

(a) where the difference between the weight exported and that
shown in box 6 of the certificate(s) provided for in Article
5(1) is found not to exceed 10 %, five times the percentage
difference in weight;

If the quantity to be exported amounts to at least 95 % of the
total weight of cuts produced by boning performed under
supervision in accordance with Article 3(3), the special refund
shall be payable.

If the quantity to be exported amounts to less than 95 %, but
not less than 85 %, of the total weight of cuts produced by
boning, the special refund payable shall be reduced.

as

the

(b) in other cases, 80 % of the rate of refund on products
covered,
CN code
case may
0201 30 00 9100 or 0201 30 00 9120, applicable on the
date shown in box 21 of the export licence on the basis of
which the formalities referred to in Article 5(1) or Article
26(1) of Regulation (EC) No 800/1999 have been
completed.

be,

by

The amount by which the rate is to be reduced shall be decided
when the rate of refund concerned is fixed or altered. It shall be
determined in particular in the light of the value of the various
cuts that are likely to remain on the Community market.

The penalty provided for in Article 51(1)(a) of Regulation (EC)
No 800/1999 shall not apply in cases covered by this
paragraph.

Bones,

3.
large tendons, cartilage, pieces of fat and other
scraps left over from boning may be marketed within the
Community.

Operators wishing to take advantage of one of the options
in their
in paragraph 2 must mention this

4.
provided for
declarations as provided for in Article 3(1).

In addition, the certificate(s) provided for in Article 5(1) must
show:

Article 8

By way of derogation from Article 5(2), Member States may
provide that:

(a) a single ‘boned meat certificate’ covering the entire quantity
of meat resulting from the boning operation be issued
together with the certificate referred to in Article 3(2);

(a)

in box 4, the total net weight of the cuts produced from
boning and, where applicable, the endorsement:

(b) the two certificates referred to in point (a) be submitted
formalities are

simultaneously when the customs export
completed;

— ‘Application of Article 7(2) of Regulation (EC) No

[1359/2007] — 95 % option,’ or

— ‘Application of Article 7(2) of Regulation (EC) No

[1359/2007] — 85 % option,’

(c)

the two certificates referred to in point (a) be sent simulta-
neously under the conditions laid down in Article 6(3).

(b) in box 6, the net weight to be exported.

Article 9

5.
The Member States may limit the number of types of cut
which operators can decide not to export to two per boning
operation.

The Member States shall determine the conditions for
1.
supervision and shall
inform the Commission accordingly.
They shall take all necessary measures to make substitution of
the products in question impossible,
in particular by identifi-
cation of each piece of meat.

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No meat other than that covered by this Regulation, with
2.
the exception of pigmeat, may be present in the boning room
when the meat
trimmed or
packaged.

in question is being boned,

The boning of forequarters and hindquarters at the same

3.
time in the same boning room shall be prohibited.

(a)

the total net weight shown in certificates covered by cases
as provided for in Article 7(1);

(b) the total net weight shown in certificates covered by cases

as provided for in Article 7(2) — 95 % option;

(c)

the total net weight shown in certificates covered by cases
as provided for in Article 7(2) — 85 % option.

The bags, cartons or other packaging material

4.
in which
the boned cuts are placed shall be officially sealed by the
competent authorities and bear particulars enabling the boned
meat to be identified, in particular the net weight, the type and
the number of cuts and a serial number.

Article 11

Regulation (EEC) No 1964/82 is repealed.

Article 10

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.

For certificates as provided for in Article 5(1), endorsed by the
competent authorities each quarter and covering boned cuts
produced from hindquarters, the Member States shall notify
the following in the second month following each quarter:

Article 12

This Regulation shall enter into force on 1 January 2008.

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

Done at Brussels, 21 November 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

EUROPEAN COMMUNITY

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ANNEX II

EUROPEAN COMMUNITY

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ANNEX III

Repealed Regulation with list of its successive amendments

only Article 1(2)

only Article 1

Commission Regulation (EEC) No 1964/82
(OJ L 212, 21.7.1982, p. 48)

Commission Regulation (EEC) No 3169/87
(OJ L 301, 24.10.1987, p. 21)

Commission Regulation (EC) No 2469/97
(OJ L 341, 12.12.1997, p. 8)

Commission Regulation (EC) No 1452/1999
(OJ L 167, 2.7.1999, p. 17)

Commission Regulation (EC) No 1470/2000
(OJ L 165, 6.7.2000, p. 16)

Commission Regulation (EC) No 2772/2000
(OJ L 321, 19.12.2000, p. 35)

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

only Article 2

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ANNEX IV

Correlation Table

Regulation (EEC) No 1964/82

This Regulation

Article 1, first paragraph

Article 1

Article 1, second paragraph, first indent

Article 2(a)

Article 1, second paragraph, second indent

Article 2(b)

Article 2

Article 3

Article 4

Article 5

Article 3

Article 4

Article 5

Article 6

Article 6(1), (2) and (3)

Article 7(1), (2) and (3)

Article 6(4), first subparagraph

Article 7(4), first subparagraph

Article 6(4), second subparagraph, first indent

Article 7(4) second subparagraph, point (a)

Article 6(4), second subparagraph, second indent

Article 7(4), second subparagraph, point (b)

Article 6(4), third subparagraph

Article 7(5)

Article 6(5), first subparagraph, first indent

Article 7(6), first subparagraph, point (a)

Article 6(5), first subparagraph, second indent

Article 7(6), first subparagraph, point (b)

Article 6(5), second subparagraph

Article 7(6), second subparagraph

Article 7(1), first indent

Article 7(1), second indent

Article 7(1), third indent

Article 8, first paragraph

Article 8, second paragraph

Article 8, third paragraph

Article 8, fourth paragraph

Article 9, first indent

Article 9, second indent

Article 9, third indent

Article 8(a)

Article 8(b)

Article 8(c)

Article 9(1)

Article 9(2)

Article 9(3)

Article 9(4)

Article 10(a)

Article 10(b)

Article 10(c)

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—

Article 10

Annex I

Annex II

—

—

Article 11

Article 12

Annex I

Annex II

Annex III

Annex IV