Commission Regulation (EC) No 749/2008 of 30 July 2008 amending several regulations concerning import tariff quotas in the beef and veal sector
Date: 2008-07-30
Institutions: European Commission
Subjects: beef, import, import licence, tariff quota

31.7.2008

EN

Official Journal of the European Union

L 202/37

COMMISSION REGULATION (EC) No 749/2008

of 30 July 2008

amending several regulations concerning import tariff quotas in the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 144(1) in conjunction with Article 4 thereof,

Whereas:

(1)

Article 11(1) 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 system of import
licences (2) provides certain rules as regards notifications
of the Member States to the Commission. Regulation
(EC) No 1301/2006 applies without prejudice to ad­
ditional conditions or derogations which might be laid
down by the sectoral regulations.
It is appropriate to
provide,
in Commission Regulations specific to certain
quotas in the beef and veal sector, for more detailed
in
rules on notifications concerning import
that sector.
in order to clarify the obli­
gations
related to the closing date for notifications
relating to quantities covered by import licences, such
obligations should be laid down for each import tariff
quota concerned and it is therefore necessary to derogate
from the second subparagraph of Article 11(1) of Regu­
lation (EC) No 1301/2006 on that point. The following
Regulations should be amended accordingly:

In particular,

licences

— Commission Regulation (EC) No 2092/2004 of
8 December 2004 laying down detailed rules of
application for an import
tariff quota of dried
boneless beef originating in Switzerland (4),

— Commission Regulation (EC) No 2172/2005 of
23 December 2005 laying down detailed rules for
the application of an import
tariff quota for live
bovine animals of a weight exceeding 160 kg and
originating in Switzerland provided for
in the
Agreement between the European Community and
the Swiss Confederation on trade in agricultural
products (5),

— Commission Regulation (EC) No 529/2007 of
11 May 2007 opening and providing for the admin­
istration 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 (1 July
2007 to 30 June 2008) (6),

— Commission Regulation (EC) No 545/2007 of
16 May 2007 opening and providing for the admin­
istration of an import tariff quota for frozen beef
intended for processing (1 July 2007 to 30 June
2008) (7),

— Commission Regulation (EC) No 558/2007 of
23 May 2007 opening and providing for the admin­
istration of an import tariff quota for young male
bovine animals for fattening (8), and

— Commission Regulation (EC) No 297/2003 of
17 February 2003 laying down detailed rules for
the application of the tariff quota for beef and veal
originating in Chile (3),

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(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).

— Commission Regulation (EC) No 659/2007 of
14 June 2007 opening and providing for the admin­
istration of import tariff quotas for bulls, cows and
heifers other than for slaughter of certain Alpine and
mountain breeds (9).

(4) OJ L 362, 9.12.2004, p. 4. Regulation as last amended by Regu­
lation (EC) No 1965/2006 (OJ L 408, 30.12.2006, p. 26, as
corrected by OJ L 47, 16.2.2007, p. 21).

(5) OJ L 346, 29.12.2005, p. 10. Regulation as last amended by Regu­

lation (EC) No 1965/2006.
(6) OJ L 123, 12.5.2007, p. 26.
(7) OJ L 129, 17.5.2007, p. 14. Regulation as amended by Regulation

(EC) No 98/2008 (OJ L 29, 2.2.2008, p. 5).

(3) OJ L 43, 18.2.2003, p. 26. Regulation as last amended by Regu­

lation (EC) No 332/2008 (OJ L 102, 12.4.2008, p. 17).

(8) OJ L 132, 24.5.2007, p. 21.
(9) OJ L 155, 15.6.2007, p. 20.

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31.7.2008

(2)

The import tariff quota opened by Regulation (EC) No
2092/2004 is managed on the basis of documents issued
by the third country concerned. Therefore, it is necessary
to clarify that the provisions of Chapter III of Regulation
licences
(EC) No 1301/2006 should apply to import
issued pursuant
to Regulation (EC) No 2092/2004,
without prejudice to additional conditions laid down in
that Regulation.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

However, as of the import tariff quota period starting on
1 July 2009, Member
forward to the
States
Commission details of the quantities of products put into
free circulation as of 1 July 2009 in accordance with
Article 4 of Regulation (EC) No 1301/2006.

shall

3.
The notifications referred to in paragraph 1 and the
first subparagraph of paragraph 2 of this Article, shall be
made as indicated in Annexes IV, V and VI to this Regulation
and the product categories
indicated in Annex V to
Commission Regulation (EC) No 382/2008 (*) shall be used.

___________
(*) OJ L 115, 29.4.2008, p. 10.’;

HAS ADOPTED THIS REGULATION:

2. new Annexes IV, V and VI, the text of which is set out text

in Annex I to this Regulation, are added.

Article 1

Regulation (EC) No 297/2003 is amended as follows:

Article 2

Regulation (EC) No 2092/2004 is amended as follows:

1. the following Article 9a is inserted:

1. Article 6 is replaced by the following:

‘Article 9a

‘Article 6

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:

The provisions of Commission Regulation (EC) No
376/2008 (*), Chapter III of Commission Regulation (EC)
No 1301/2006 (**) and Commission Regulation (EC) No
382/2008 (***) shall apply, save as otherwise provided for
in this Regulation.

(a) no later than 31 August

following the end of each
import tariff quota period the quantities of products,
including nil returns,
for which import licences were
issued in the previous import tariff quota period;

___________

(*) OJ L 114, 26.4.2008, p. 3.
(**) OJ L 238, 1.9.2006, p. 13.
(***) OJ L 115, 29.4.2008, p. 10.’

(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
licences and corresponding to the difference
import
between the quantities entered on the back of
the
import licences and the quantities for which they were
issued.

2. the following Article 7a is inserted:

‘Article 7a

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

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

(a) no later than 28 February following the end of each
import tariff quota period, the quantities of products,
including nil returns,
for which import licences were
issued in the previous import tariff quota period;

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(b) no later than 30 April 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 import
the quantities entered on the back of
licences and the quantities for which they were issued.

No later than 30 April

2.
following the end of each
import tariff quota period, Member States shall notify the
Commission the quantities of products, which were actually
released for free circulation during the preceding import
tariff quota period.

However, as of the import tariff quota period starting on
1 January 2009, Member States
forward to the
Commission details of the quantities of products put into
free circulation as of 1 January 2009 in accordance with
Article 4 of Regulation (EC) No 1301/2006.

shall

Commission the quantities of products, which were actually
released for free circulation during the preceding import tariff
quota period.

the import

tariff quota period starting on
However, as of
1 January 2009, Member States
forward to the
Commission details of the quantities of products put into free
circulation as of 1 January 2009 in accordance with Article 4 of
Regulation (EC) No 1301/2006.

shall

For the notifications referred to in paragraph 1 and the
3.
first subparagraph of paragraph 2 of this Article, the quantities
shall be expressed in heads and per product category as
indicated in Annex V to Commission Regulation (EC) No
382/2008 (*).

___________
(*) OJ L 115, 29.4.2008, p. 10.’

3.
The notifications referred to in paragraph 1 and the
first subparagraph of paragraph 2 of this Article shall be
made as indicated in Annexes IV, V and VI to this Regulation
and the product categories indicated in Annex V to Regu­
lation (EC) No 382/2008 shall be used.’

Article 4

In Regulation (EC) No 529/2007, the following Article 8a is
inserted:

3. New Annexes IV, V and VI, the text of which is set out text

in Annex II to this Regulation, are added.

Article 3

In Regulation (EC) No 2172/2005, the following Article 8a is
inserted:

‘Article 8a

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 28 February following the end of each import
tariff quota period, the quantities of products, including nil
licences were issued in the
for which import
returns,
previous import tariff quota period;

(b) no later than 30 April 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.

‘Article 8a

By way of derogation from the second subparagraph of
1.
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 2008, the quantities of products,
including nil returns, covered by unused or partly used
and corresponding to the difference
import
between the quantities entered on the back of the import
licences and the quantities for which they were issued.

licences

2.
No later than 31 October 2008, Member States shall
notify to the Commission the quantities of products, which
were actually released for free circulation during the preceding
import tariff quota period.

For the notifications referred to in paragraphs 1 and 2 of
the quantities shall be expressed in kilograms
indicated in

3.
this Article,
product weight and per product category as
Annex V of Commission Regulation (EC) No 382/2008 (*).

2.
tariff quota period, Member States

No later than 30 April following the end of each import
shall notify to the

___________
(*) OJ L 115, 29.4.2008, p. 10.’

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Article 5

In Regulation (EC) No 545/2007, the following Article 11a is
inserted:

‘Article 11a

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 2008, the quantities of products,
including nil returns, covered by unused or partly used
and corresponding to the difference
import
between the quantities entered on the back of the import
licences and the quantities for which they were issued.

licences

2.
No later than 31 October 2008, Member States shall
notify to the Commission the quantities of products, which
were actually released for free circulation during the preceding
import tariff quota period.

(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 for free circulation during the preceding import tariff
quota period.

However, as of the import tariff quota period starting on 1 July
2009, Member States shall forward to the Commission details
of the quantities of products put into free circulation as of
1 July 2009 in accordance with Article 4 of Regulation (EC)
No 1301/2006.

3.
For the notifications referred to in paragraph 1 and the
first subparagraph of paragraph 2 of this Article, the quantities
shall be expressed in heads and per product category as
indicated in Annex V to Commission Regulation (EC) No
382/2008 (*).

___________
(*) OJ L 115, 29.4.2008, p. 10.’

For the notifications referred to in paragraphs 1 and 2 of
3.
this Article,
the quantities shall be expressed in kilograms
product weight, per order number and per product category
as indicated in Annex V to Commission Regulation (EC) No
382/2008 (*).

Article 7

In Regulation (EC) No 659/2007, the following Article 10a is
inserted:

___________
(*) OJ L 115, 29.4.2008, p. 10.’

Article 6

In Regulation (EC) No 558/2007, the following Article 9a is
inserted:

‘Article 9a

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

‘Article 10a

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

(a) no later than 31 August following the end of each import
tariff quota period, the quantities of products, including nil
returns,
licences were issued in the
for which import
previous import tariff quota period;

(a) no later than 31 August following the end of each import
tariff quota period, the quantities of products, including nil
returns,
licences were issued in the
for which import
previous import tariff quota period;

(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.

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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 for free circulation during the preceding import tariff
quota period.

For the notifications referred to in paragraph 1 and the
3.
first subparagraph of paragraph 2 of this Article, the quantities
shall be expressed in heads and per product category as
indicated in Annex V to Commission Regulation (EC) No
382/2008 (*).

However, as of the import tariff quota period starting on 1 July
2009, Member States shall forward to the Commission details
of the quantities of products put into free circulation as of
1 July 2009 in accordance with Article 4 of Regulation
(EC) No 1301/2006.

___________
(*) OJ L 115, 29.4.2008, p. 10.’

Article 8

This Regulation shall enter into force on the 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, 30 July 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

‘ANNEX IV

Notification of import licences (issued) — Regulation (EC) No 297/2003

Member State:

........................................................................................................................................................................................................

Application of Article 9a of Regulation (EC) No 297/2003

Quantities of products for which import licences were issued

From:

........................................................................................................ to:

.......................................................................................................

Order No

09.4181

Product category or categories (1)

Quantity
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.

ANNEX V

Notification of import licences (unused quantities) — Regulation (EC) No 297/2003

Member State:

........................................................................................................................................................................................................

Application of Article 9a of Regulation (EC) No 297/2003

Quantities of products for which import licences were unused

From:

........................................................................................................ to:

.......................................................................................................

Order No

09.4181

Product category or categories (1)

Unused quantity
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.

ANNEX VI

Notification of quantities of products put into free circulation — Regulation (EC) No 297/2003

Member State:

........................................................................................................................................................................................................

Application of Article 9a of Regulation (EC) No 297/2003

Quantities of products put into free circulation:

From:

............................................................................ to:

............................................................................ (import tariff quota period).

Order No

09.4181

Product category or categories (1)

Quantity put into free circulation
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.’

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ANNEX II

‘ANNEX IV

Notification of import licences (issued) — Regulation (EC) No 2092/2004

Member State:

........................................................................................................................................................................................................

Application of Article 7a of Regulation (EC) No 2092/2004

Quantities of products for which import licences were issued

From:

........................................................................................................ to:

.......................................................................................................

Order No

09.4202

Product category or categories (1)

Quantity
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008

ANNEX V

Notification of import licences (unused quantities) — Regulation (EC) No 2092/2004

Member State:

........................................................................................................................................................................................................

Application of Article 7a of Regulation (EC) No 2092/2004

Quantities of products for which import licences were unused

From:

........................................................................................................ to:

.......................................................................................................

Order No

09.4202

Product category or categories (1)

Unused quantity
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008

ANNEX VI

Notification of quantities of products put into free circulation — Regulation (EC) No 2092/2004

Member State:

........................................................................................................................................................................................................

Application of Article 7a of Regulation (EC) No 2092/2004

Quantities of products put into free circulation:

From:

............................................................................ to:

............................................................................ (import tariff quota period).

Order No

09.4202

Product category or categories (1)

Quantity put into free circulation
(kilograms product weight)

(1) Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008’