Commission Regulation (EC) No 748/2008 of 30 July 2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 02062991 (Recast)
Date: 2008-07-30
Institutions: European Commission
Subjects: beef, certificate of origin, frozen product, import (EU), import licence, tariff quota

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 748/2008

of 30 July 2008

on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals
falling within CN code 0206 29 91

(Recast)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions set
out in Schedule CXL drawn up in the wake of the conclusion of
the GATT XXIV.6 negotiations (1), and in particular Article 1(1)
thereof,

Whereas:

(6)

(7)

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 996/97 of 3 June 1997
on the opening and administration of an import tariff
quota for frozen thin skirt of bovine animals falling
within CN code 0206 29 91 (2) has been substantially
times (3). Since further amendments
amended several
are to be made,
it should be recast in the interests of
clarity.

Pursuant to Schedule CXL, the Community agreed to
open an annual tariff quota of 1 500 tonnes for frozen
thin skirt of bovine animal
falling within CN code
0206 29 91. That quota should be opened on a multi­
annual basis for periods of 12 months commencing on 1
July and the detailed rules of application laid down.

Commission Regulation (EC) No 376/2008 (4) lays down
detailed rules for the application of the system of import
and export
licences and advance-fixing certificates for
agricultural products. Commission Regulation (EC) No
382/2008 (5) lays down detailed rules for implementing
the arrangements for import licences for beef and veal.

(EC) No

1301/2006

Commission Regulation
of
31 August 2006 laying down common rules for the
tariff quotas for agricultural
administration of
licences (6)
products managed by a system of
import
applies
tariff quota
periods starting from 1 January 2007.

to import

licences

import

import

for

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 144, 4.6.1997, p. 6. Regulation as last amended by Regulation

(EC) No 962/2007 (OJ L 213, 15.8.2007, p. 6).

(3) See Annex VII.
(4) OJ L 114, 26.4.2008, p. 3. Regulation as amended by Regulation

(EC) No 514/2008 (OJ L 150, 10.6.2008, p. 7).

(5) OJ L 115, 29.4.2008, p. 10. Regulation as amended by Regulation

(EC) No 514/2008.

(6) 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).

In order to ensure efficient administration of the import
of meat originating in and coming from Argentina, that
country is required to issue certificates of authenticity
guaranteeing the origin of the products concerned. The
layout of those certificates and the procedures for using
them must be specified.

Certificates of authenticity must be issued by an authority
the
in Argentina. That authority must present all
necessary guarantees to ensure that the arrangements in
question operate properly.

In order to ensure efficient administration of the import
frozen thin skirt originating in and coming from
of
Argentina,
it should be laid down that, where appro­
priate, the issue of import licences should be subject to
verification, inter alia, of the information given on certi­
ficates of authenticity.

(8)

For other countries, the quota should be managed only
on the basis of Community import licences, with dero­
gations in certain cases from the applicable rules.

(9)

Provision must be made for
forward information on the imports in question.

the Member States to

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
A Community import tariff quota for frozen thin skirt of
bovine animals falling within CN code 0206 29 91 is hereby
opened every year for an annual volume of 1 500 tonnes for
periods from 1 July to 30 June of the following year, hereinafter
referred to as the ‘import tariff quota period’.

This quota carries order number 09.4020.

The ad valorem customs duty on the quota referred to in

2.
paragraph 1 shall be 4 %.

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3.

The annual quota shall be allocated as follows:

(a) 700 tonnes originating in and coming from Argentina;

Each certificate of authenticity shall bear an individual
3.
serial number assigned by the issuing authority referred to at
Annex III (hereinafter the issuing authority). The copies shall
bear the same serial number as the original.

(b) 800 tonnes originating in and coming from other third

countries.

4.

Only whole thin skirt may be imported under the quota.

4.
The original and copies thereof may be typed or hand-
written. In the latter case, they must be completed in black ink
and in block capitals.

For the purposes of this Regulation, thin skirt which is
5.
frozen, with an internal temperature of not above – 12 °C when
it enters the customs territory of
the Community, shall be
deemed to be ‘frozen thin skirt’.

Article 4

Certificates of authenticity shall be valid only if they are
in accordance with the
completed and endorsed,

1.
duly
instructions given at Annex II, by the issuing authority.

6.
For the import arrangements referred to in paragraph 3(a)
of this Article, the provisions of Regulation (EC) No 376/2008,
Chapter III of Regulation (EC) No 1301/2006 and Regulation
(EC) No 382/2008 shall apply, save as otherwise provided for in
this Regulation.

2.
A certificate of authenticity shall be deemed to have been
duly endorsed if it specifies the date and place of issue and if it
bears the stamp of the issuing authority and the signature of the
person or persons empowered to sign it.

For the import arrangements referred to in paragraph 3(b) of
this Article, the provisions of Regulations (EC) No 376/2008,
(EC) No 1301/2006 and (EC) No 382/2008 shall apply, save as
otherwise provided for in this Regulation.

The stamp may be replaced on the original certificate of authen­
ticity and its copies by a printed seal.

Article 2

Article 5

Licence applications and licences themselves shall contain

1.
the following entries:

Certificates of authenticity shall be valid for three months

1.
from the date of issue.

(a)

in section 8, the country of origin and, for the import of the
quantities referred to in Article 1(3)(a), the box ‘yes’ shall be
ticked;

However, certificates may not be presented to the competent
national authority after 30 June following the date of issue.

(b) in section 20 at least one of the entries listed in Annex I.

2.
By way of derogation from Article 2(1) of Regulation (EC)
No 382/2008, import licences shall be valid until the end of the
import tariff quota period.

2.
The original of the certificate of authenticity drawn up in
accordance with Articles 3, 4 and 6 plus a copy thereof shall be
presented to the competent national authority together with the
application for the first import licence relating to the certificate
of authenticity.

Article 3

1.
The certificate of authenticity to be issued by Argentina
shall be made out in one original and at least one copy on a
form corresponding to the specimen at Annex II.

A certificate of authenticity may be used for the issuing of more
than one import licence for a total quantity not exceeding that
shown on the certificate. Where more than one licence is issued
in respect of a certificate, the competent national authority shall
endorse the certificate of authenticity to show the quantity
attributed.

The form shall measure approximately 210 × 297 millimetres.
The paper shall weigh not less than 40 grams per square metre.

Forms shall be printed and completed in one of

languages of the Community and also,

if desired,

2.
official
the official language of Argentina.

the
in

The competent national authorities may issue import licences
only after they are satisfied that all the information on the
certificate of authenticity corresponds to that received each
week from the Commission on the subject. The import
licences shall be issued immediately thereafter.

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Notwithstanding the third subparagraph of paragraph 2,
3.
in exceptional cases
the competent national authorities may,
and on duly reasoned application,
licences on
the basis of the relevant certificates of authenticity before the
information from the Commission is received. In such cases, the
security for the import licences shall be EUR 50 per 100 kg net
weight. After receiving the information concerning the certifi­
cate, the Member States shall replace the security by that of EUR
12 per 100 kg net weight.

issue import

1.

The issuing authority shall:

Article 6

(a) be recognised as such by Argentina;

(b) undertake to check the particulars on certificates of authen­

ticity;

(c) undertake to supply the Commission and the Member
States, on request, with any information enabling the parti­
culars on certificates of authenticity to be evaluated.

The Commission shall revise Annex III

if an issuing
2.
authority ceases to be recognised or fails to fulfil one of the
obligations incumbent on it or if a new issuing authority is
designated.

Article 7

In order to qualify for the import arrangements referred to in
Article 1(3)(b), the licence application lodged by the applicant
may relate to a maximum of 80 tonnes.

Article 8

1.
The licence applications referred to in Article 7 shall be
lodged only during the first 10 days of each import tariff quota
period.

No later

than 16:00, Brussels

2.
time, on the seventh
working day following the end of the period for the lodging
of applications, the Member States shall notify the Commission
of the total quantity per country of origin covered by appli­
cations.

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 31 August 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 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.

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 to Regulation (EC) No 382/2008.

The notifications
referred to in
regarding the quantities
Article 1(3)(a) of this Regulation shall be made as indicated in
Annexes IV, V and VI to this Regulation.

Regulation (EC) No 996/97 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 VIII.

3.
Import licences shall be issued as from the seventh and no
later than the 16th working day following the end of the period
for the notifications referred to in paragraph 2.

Article 11

This Regulation shall enter into force on the 10th day following
its publication in the Official Journal of the European Union.

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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

Entries referred to in Article 2(1)(b)

— in Bulgarian:

Месести части от диафрагмата (Регламент (ЕО) № 748/2008),

— in Spanish:

— in Czech:

— in Danish:

— in German:

— in Estonian:

— in Greek:

— in English:

— in French:

— in Italian:

— in Latvian:

— in Lithuanian:

— in Hungarian:

— in Maltese:

— in Dutch:

— in Polish:

Músculos del diafragma y delgados [Reglamento (CE) no 748/2008],

Okruží a bránice (nařízení (ES) č. 748/2008),

Mellemgulv (forordning (EF) nr. 748/2008),

Saumfleisch (Verordnung (EG) Nr. 748/2008),

Vahelihase kõõluseline osa (määrus (EÜ) nr 748/2008),

Διάφραγμα [κανονισμός (ΕΚ) αριθ. 748/2008],

Thin skirt (Regulation (EC) No 748/2008),

Hampe [règlement (CE) no 748/2008],

Pezzi detti ‘hampes’ [regolamento (CE) n. 748/2008],

Liellopu diafragmas plānā daļa (Regula (EK) Nr. 748/2008),

Plonoji diafragma (Reglamentas (EB) Nr. 748/2008),

Sovány dagadó (748/2008/EK rendelet),

Falda rqiqa (Regolament (KE) Nru 748/2008),

Omloop (Verordening (EG) nr. 748/2008),

Cienka przepona (Rozporządzenie (WE) nr 748/2008),

— in Portuguese:

Diafragma [Regulamento (CE) n.o 748/2008],

— in Romanian:

Fleică [Regulamentul (CE) nr. 748/2008],

— in Slovak:

Bránica (Nariadenie (ES) č. 748/2008),

— in Slovenian:

Vampi (Uredba (ES) št. 748/2008),

— in Finnish:

— in Swedish:

Kuveliha (asetus (EY) N:o 748/2008),

Mellangärde (förordning (EG) nr 748/2008),

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ANNEX II

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ANNEX III

LIST OF AUTHORITIES IN ARGENTINA EMPOWERED TO ISSUE CERTIFICATES OF AUTHENTICITY

Secretaría de Agricultura, Ganadería, PESCA y Alimentos (SAGPyA):

for thin skirt originating in Argentina as specified in Article 1(3)(a).

ANNEX IV

Notification of import licences (issued) — Regulation (EC) No 748/2008

Member State:

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

Application of Article 9 of Regulation (EC) No 748/2008

Quantities of products for which import licences were issued

From:

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

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

Order No

09.4020

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 748/2008

Member State:

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

Application of Article 9 of Regulation (EC) No 748/2008

Quantities of products for which import licences were unused

From:

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

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

Order No

09.4020

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.

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ANNEX VI

Notification of quantities of products put into free circulation — Regulation (EC) No 748/2008

Member State:

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

Application of Article 9 of Regulation (EC) No 748/2008

Quantities of products put into free circulation:

From:

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

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

Order No

09.4020

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.

ANNEX VII

Repealed Regulation with its successive amendments

Commission Regulation (EC) No 996/97
(OJ L 144, 4.6.1997, p. 6).

Commission Regulation (EC) No 2048/97
(OJ L 287, 21.10.1997, p. 10).

Concerning the reference to Regulation (EC) No 996/97
Article 1 only

Commission Regulation (EC) No 260/98
(OJ L 25, 31.1.1998, p. 42).

Article 6 only

Commission Regulation (EC) No 1266/98
(OJ L 175, 19.6.1998, p. 9).

Commission Regulation (EC) No 649/2003
(OJ L 95, 11.4.2003, p. 13).

Commission Regulation (EC) No 1118/2004
(OJ L 217, 17.6.2004, p. 10).

Commission Regulation (EC) No 1965/2006
(OJ L 408, 30.12.2006, p. 27).

Commission Regulation (EC) No 568/2007
(OJ L 133, 25.5.2007, p. 15).

Commission Regulation (EC) No 962/2007
(OJ L 213, 15.8.2007, p. 6).

Article 3 only

Article 3 only

Article 3 and Annex III only

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ANNEX VIII

Correlation table

Regulation (EC) No 996/97

This Regulation

Article 1

Article 2(2)

Article 2(3)

Articles 3 to 8

—

—

Article 12

Annex I

Annex II

Annex III

—

—

—

—

—

Article 1

Article 2(1)

Article 2(2)

Articles 3 to 8

Article 9

Article 10

Article 11

Annex II

Annex III

Annex I

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII