Commission Regulation (EC) No 431/2008 of 19 May 2008 opening and providing for the administration of an import tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 02062991
Date: 2008-05-19
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import, import licence, tariff quota

20.5.2008

EN

Official Journal of the European Union

L 130/3

COMMISSION REGULATION (EC) No 431/2008

of 19 May 2008

opening and providing for the administration of an import tariff quota for frozen meat of bovine
animals covered by CN code 0202 and products covered by CN code 0206 29 91

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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:

(5)

(6)

(7)

(8)

(1)

(2)

(3)

The WTO schedule CXL requires the Community to open
an annual import tariff 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).
Im-
plementing rules should be laid down for the opening
that quota every year for the
and administration of
period from 1 July to 30 June of the following year.

to Article 29(1) of Regulation (EC) No
Pursuant
imports into the Community should be
1254/1999,
managed using import licences. However,
it is appro-
priate to manage this quota by attributing import
rights as a first step and issuing import licences as a
second, as provided for in Article 6(3) of Commission
Regulation (EC) No 1301/2006 of 31 August 2006
laying down common rules for the administration of
import tariff quotas for agricultural products managed
by a
In this way,
operators that have obtained import rights should be
able to decide, during the course of the quota period,
the moment when they wish to apply for
import
licences, in view of their actual trade flows. That Regu-
lation limits the period of validity of licences to the last
day of the import tariff quota period.

licences (2).

system of

import

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 (3) and
Commission Regulation (EC) No 382/2008 of 21 April
2008 on rules of application for import and export
licences in the beef and veal sector (4) and should be
applicable to import
licences issued under this Regu-
lation, save where derogations are appropriate.

The 2007/08 quota was managed in conformity with the
provisions of Commission Regulation (EC) No 529/2007
of 11 May 2007 opening and providing for the adminis-
tration 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 2007 to
30 June 2008) (5). That Regulation provided for a
import
of
method
performance
is
allocated to professional operators able to import beef
without undue speculation.

administration
criterion ensuring

the quota

based

that

on

an

it

to maintain the

there are positive

that
appropriate

The experience obtained from the application of that
results and
method shows
same
is
therefore
method of administration for quota periods starting
from 1 July 2008.
to
is
determine a reference period for eligible imports which
is
representative
performance while also sufficiently recent to reflect the
latest development in trade.

therefore appropriate

enough to provide

long

for

It

a

Regulation (EC) No 1301/2006 lays down in particular
detailed provisions on applications for import rights, the
status of applicants and the issue of import licences. The
provisions of Regulation (EC) No 1301/2006 should
apply to import licences issued pursuant to this Regu-
lation, without prejudice to additional conditions laid
down in this Regulation.

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 se-
curities for agricultural products (6).

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by
Commission Regulation (EC) No 98/2008 (OJ L 29, 2.2.2008, p. 5).
(2) OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation

(EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

(9)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Beef and Veal,

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1423/2007 (OJ L 317, 5.12.2007, p. 36).

(5) OJ L 123, 12.5.2007, p. 26.
(6) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(4) OJ L 115, 29.4.2008, p. 10.

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

L 130/4

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Official Journal of the European Union

20.5.2008

HAS ADOPTED THIS REGULATION:

Article 1

An import tariff quota totalling 53 000 tonnes expressed
1.
in weight of boneless meat is hereby opened every year for
frozen meat of bovine animals covered by CN code 0202
and products covered by CN code 0206 29 91 for the period
from 1 July to 30 June of the following year (hereafter import
tariff quota period).

The order number of the tariff quota shall be 09.4003.

The Common Custom Tariff duty applicable to the quota

2.
provided for in paragraph 1 shall be 20 % ad valorem.

Article 2

1.
The import tariff quota referred to in Article 1(1) shall be
managed by attributing import rights as a first step and issuing
import licences as a second.

2.
Regulations (EC) No 1291/2000, (EC) No 1301/2006 and
(EC) No 382/2008 shall apply, save as otherwise provided for in
this Regulation.

For the purposes of this Regulation,

Article 3

(a) 100 kilograms of bone-in meat shall be equivalent to 77

kilograms of boneless meat;

(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 4

1.
For the purposes of application of Article 5 of Regulation
(EC) No 1301/2006, applicants for import rights shall demon-
strate that a quantity of beef falling under CN codes 0201,
0202, 0206 10 95 or 0206 29 91 has been imported by
them or on their behalf under the relevant customs provisions,
during the period from 1 May to 30 April preceding the yearly
import tariff quota period (hereinafter reference quantity).

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

complying with this rule shall be rejected by the competent
authorities.

2.
A security of EUR 6 per 100 kilograms boneless
equivalent shall be lodged together with the application for
import rights.

3.
No later than 13.00, Brussels time, on the third Friday
following the end of the period for the submission of appli-
cations referred to in paragraph 1, Member States shall notify
the Commission of the total quantities applied for.

Article 6

1.
Import rights shall be awarded as from the seventh and
no later than the 16th working day following the end of the
period for the notifications referred to in Article 5(3).

2.
If application of the allocation coefficient referred to in
Article 7(2) of Regulation (EC) No 1301/2006 results in fewer
import rights to be allocated than had been applied for, the
security lodged in accordance with Article 5(2) of this Regu-
lation shall be released proportionally without delay.

Article 7

The release into free circulation of the quantities awarded
1.
under the quota referred to in Article 1(1) is subject to the
presentation of an import licence.

Import licence applications shall cover the total quantity
2.
allocated. This obligation shall constitute a primary requirement
within the meaning of Article 20(2) of Regulation (EEC) No
2220/85.

Article 8

1.
Licence applications may be lodged solely in the Member
State where the applicant has applied and obtained import
rights under the quota referred to in Article 1(1).

Each issuing of import licence shall result in a corresponding
reduction of the import rights obtained and the security lodged
in accordance with Article 5(2) shall be released proportionally
without delay.

2.
Import licences shall be issued on application by and in
the name of the operator who has obtained the import rights.

3.

Licence applications and import licences shall contain:

Article 5

(a)

in Box 16, one of the following groups of CN codes:

1.
Applications for import rights shall be submitted no later
than 13.00, Brussels time, on 1 June preceding the yearly
import tariff quota period.

— 0202 10 00, 0202 20,

— 0202 30, 0206 29 91;

The total quantity covered by applications for import rights
submitted in the import tariff quota period may not exceed
not
the

quantities. Applications

applicant’s

reference

(b) in Box 20, the order number of the quota (09.4003) and
one of the entries listed in the Annex to this Regulation.

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Official Journal of the European Union

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Article 9

1.
By way of derogation from the second subparagraph of
Article 11(1) of Regulation (EC) No 1301/2006, Member States
shall notify to the Commission:

(a) no later than the 10th day of each month, the quantities of
including nil returns, for which import licences

products,
were issued in the previous month;

(b) no later than 31 October following the end of each import
tariff quota period, the quantities of products, including nil
returns, covered by unused or partly used import licences
and corresponding to the difference between the quantities
entered on the back of the import licences and the quan-
tities for which they were issued.

No later than 31 October following the end of each
2.
import tariff quota period, Member States shall notify to the
Commission the quantities of products, which were actually
released into free circulation during the preceding import
tariff quota period.

3.
In the notifications referred to in paragraphs 1 and 2 of
this Article, the quantities shall be expressed in kilograms of
product weight and per product category as set out in Annex V
to Regulation (EC) No 382/2008.

Article 10

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 19 May 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

Entries referred to in Article 8(3)(b)

— In Bulgarian:

Замразено говеждо или телешко месо (Регламент (ЕО) № 431/2008)

— In Spanish:

Carne de vacuno congelada [Reglamento (CE) no 431/2008]

— In Czech:

Zmrazené maso hovězího skotu (nařízení (ES) č. 431/2008)

— In Danish:

— In German:

— In Estonian:

Frosset oksekød (forordning (EF) nr. 431/2008)

Gefrorenes Rindfleisch (Verordnung (EG) Nr. 431/2008)

Külmutatud veiseliha (määrus (EÜ) nr 431/2008)

— In Greek:

Κατεψυγμένο βόειο κρέας [κανονισμός (EK) αριθ. 431/2008]

— In English:

— In French:

— In Italian:

Frozen meat of bovine animals (Regulation (EC) No 431/2008)

Viande bovine congelée [Règlement (CE) no 431/2008]

Carni bovine congelate [Regolamento (CE) n. 431/2008]

— In Latvian:

Saldēta liellopu gaļa (Regula (EK) Nr. 431/2008)

— In Lithuanian:

Sušaldyta galvijų mėsa (Reglamentas (EB) Nr. 431/2008)

— In Hungarian:

Szarvasmarhafélék húsa fagyasztva (431/2008/EK rendelet)

— In Maltese:

Laħam iffriżat ta’ annimali bovini (Regolament (KE) Nru 431/2008)

— In Dutch:

— In Polish:

Bevroren rundvlees (Verordening (EG) nr. 431/2008)

Mięso wołowe mrożone (Rozporządzenie (WE) nr 431/2008)

— In Portuguese:

Carne de bovino congelada [Regulamento (CE) n.o 431/2008]

— In Romanian:

Carne de vită congelată [Regulamentul (CE) nr. 431/2008]

— In Slovak:

Mrazené mäso z hovädzieho dobytka [Nariadenie (ES) č. 431/2008]

— In Slovenian:

Zamrznjeno goveje meso (Uredba (ES) št. 431/2008)

— In Finnish:

— In Swedish:

Jäädytettyä naudanlihaa (asetus (EY) N:o 431/2008)

Fryst kött av nötkreatur (förordning (EG) nr 431/2008)