Commission Regulation (EC) No 1189/2008 of 25 November 2008 laying down detailed rules for the application in 2009 of the import tariff quotas for baby beef products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia, Kosovo and Montenegro
Date: 2008-11-25
Institutions: European Commission
Subjects: Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia, import (EU), meat product, tariff quota, veal

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COMMISSION REGULATION (EC) No 1189/2008

of 25 November 2008
laying down detailed rules for the application in 2009 of the import tariff quotas for ‘baby beef’
the former Yugoslav Republic of
products originating in Croatia, Bosnia and Herzegovina,

Macedonia, Serbia, Kosovo and Montenegro

THE COMMISSION OF THE EUROPEAN COMMMUNITIES,

(3)

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) and Article 148(a) in conjunction with Article 4
thereof,

Whereas:

Article 2 of Council Regulation (EC) No 2248/2001 of
19 November 2001 on certain procedures for applying
the Stabilisation and Association Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Croatia, of the other part
and for applying the Interim Agreement between the
European Community and the Republic of Croatia (7)
and Article 2 of Council Regulation (EC) No 153/2002
of 21 January 2002 on certain procedures for applying
the Stabilisation and Association Agreement between the
European Communities and their Member States, of the
one part,
former Yugoslav Republic of
Macedonia, of
the other part, and for applying the
Interim Agreement between the European Community
and the former Yugoslav Republic of Macedonia (8)
provide that detailed rules for the implementation of
concessions on ‘baby beef’ should be laid down.

and the

(1)

(2)

Article 4(2) of Council Regulation (EC) No 2007/2000 of
18 September 2000 introducing exceptional
trade
measures for countries and territories participating in
or linked to the European Union's Stabilisation and Asso­
ciation process, amending Regulation (EC) No 2820/98,
and repealing Regulations (EC) No 1763/1999 and (EC)
No 6/2000 (2), provides for an annual preferential tariff
quota of 1 500 tonnes of ‘baby beef’ products originating
in Bosnia and Herzegovina and of 9 975 tonnes of ‘baby
beef’ products originating in Montenegro and the
customs territories of Serbia and Kosovo (3).

by Council

The Stabilisation and Association Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Croatia, of the other part,
approved
and Commission Decision
2005/40/EC, Euratom (4), the Stabilisation and Associa­
tion Agreement between the European Communities and
their Member States, of the one part, and the former
Yugoslav Republic of Macedonia, of
the other part,
approved
and Commission Decision
2004/239/EC, Euratom (5) and the Interim Agreement
by Council Decision
with Montenegro,
2007/855/EC of 15 October 2007 concerning the
signing and conclusion of an Interim Agreement on
trade and trade-related matters between the European
Community, of
the one part, and the Republic of
the other part (6),
lay down annual
Montenegro, of
preferential tariff quotas of ‘baby beef’ of 9 400 tonnes,
1 650 and 800 tonnes respectively.

by Council

approved

(4)

(5)

‘baby beef’

the quotas of

For control purposes, Regulation (EC) No 2007/2000
for
makes imports under
Bosnia and Herzegovina and customs
territories of
Serbia and Kosovo, subject to the presentation of a cer­
tificate of authenticity attesting that the goods originate
from the issuing country and that
they correspond
exactly to the definition in Annex II to that Regulation.
For the sake of harmonisation, imports under the quotas
of ‘baby beef’ originating in Croatia, the former Yugoslav
Republic of Macedonia and Montenegro should also be
made subject
to the presentation of a certificate of
authenticity attesting that the goods originate from the
issuing country and that they correspond exactly to the
definition in Annex III to the Stabilisation and Associa­
former
tion Agreement with Croatia or with the
Yugoslav Republic of Macedonia or Annex II
to the
Interim Agreement with Montenegro respectively. A
model should also be established for the certificates of
authenticity and detailed rules laid down for their use.

The quotas concerned should be managed through the
use of import licences. To this end, Commission Regu­
lation (EC) No 376/2008 of 23 April 2008 laying down
common detailed rules for the application of the system
of import and export licences and advance fixing certi­
for agricultural products (9) and Commission
ficates
Regulation (EC) No 382/2008 of 21 April 2008 on
rules of application for import and export licences in
sector (10)
should be applicable
the beef and veal
subject to this Regulation.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 240, 23.9.2000, p. 1.
(3) Kosovo

under United Nations

1244/1999.

(4) OJ L 26, 28.1.2005, p. 1.
(5) OJ L 84, 20.3.2004, p. 1.
(6) OJ L 345, 28.12.2007, p. 1.

Security Council Resolution

(7) OJ L 304, 21.11.2001, p. 1.
(8) OJ L 25, 29.1.2002, p. 16.
(9) OJ L 114, 26.4.2008, p. 3.
(10) OJ L 115, 29.4.2008, p. 10.

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(6)

(7)

(8)

import

(EC) No

1301/2006

of
Commission Regulation
31 August 2006 laying down common rules for the
tariff quotas for agricultural
administration of
licences (1)
products managed by a system of
import
lays down in particular detailed provisions on appli­
cations for import licences, the status of applicants, the
issue of licences and the notifications by the Member
States to the Commission. That Regulation limits the
period of validity of
the
import tariff quota period. The provisions of Regulation
(EC) No 1301/2006 should apply to import
licences
issued pursuant to this Regulation, without prejudice to
additional conditions or derogations laid down in this
Regulation.

licences to the last day of

In order to ensure proper management of imports of the
licences should be issued
products concerned,
in particular of entries on certi­
subject to verification,
ficates of authenticity.

import

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

HAS ADOPTED THIS REGULATION:

Article 1

The following tariff quotas are hereby opened for the

1.
period from 1 January to 31 December 2009:

(a) 9 400 tonnes of ‘baby beef’, expressed in carcass weight,

originating in Croatia;

(b) 1 500 tonnes of ‘baby beef’, expressed in carcass weight,

originating in Bosnia and Herzegovina;

The customs duty applicable under the quotas referred to
2.
in paragraph 1 shall be 20 % of the ad valorem duty and 20 % of
the specific duty as laid down in the Common Customs Tariff.

3.
Importation under the quotas referred to in paragraph 1
shall be reserved for certain live animals and certain meat falling
within the following CN codes, referred to in Annex II
to
Regulation (EC) No 2007/2000, in Annex III to the Stabilisation
and Association Agreements concluded with Croatia, in Annex
III to the Stabilisation and Association Agreement concluded
with the former Yugoslav Republic of Macedonia and in
Annex II to the Interim Agreement with Montenegro:

— ex 0102 90 51,
ex 0102 90 79,

ex 0102 90 59,

ex 0102 90 71

and

— ex 0201 10 00 and ex 0201 20 20,
— ex 0201 20 30,
— ex 0201 20 50.

Article 2

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

Article 3

1.
Section 8 of licence applications and licences shall show
the country or customs territory of origin and the mention ‘yes’
shall be marked by a cross. Licences shall be subject to the
obligation to import from the country or customs territory
indicated.

(c) 1 650 tonnes of ‘baby beef’, expressed in carcass weight,
originating in the former Yugoslav Republic of Macedonia;

Section 20 of licence applications and licences shall show one
of the entries listed in Annex I.

(d) 9 175 tonnes of ‘baby beef’, expressed in carcass weight,
originating in the customs territories of Serbia and Kosovo;

(e) 800 tonnes of ‘baby beef’, expressed in carcass weight, orig­

inating in Montenegro.

2.
The original of the certificate of authenticity drawn up in
accordance with Article 4 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.

The quotas referred to in the first subparagraph shall bear the
order Nos 09.4503, 09.4504, 09.4505, 09.4198 and 09.4199
respectively.

Certificates of authenticity may be used for the issue of more
than one import licence for quantities not exceeding that shown
on the certificate. Where more than one licence is issued in
respect of a certificate, the competent authority shall:

For the purposes of attributing those quotas, 100 kilograms live
weight shall be equivalent to 50 kilograms carcass weight.

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

attributed;

(a) endorse the certificate of authenticity to show the quantity

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(b) ensure that the import licences delivered in respect of that

certificate are issued on the same day.

1.

The issuing authorities listed in Annex II shall:

Article 5

The competent authorities may issue import licences only
3.
after they are satisfied that all the information on the certificate
of authenticity corresponds to that received each week from the
Commission for the imports concerned. The licences shall be
issued immediately thereafter.

Article 4

1.
All applications for imports licences under the quotas
referred to in Article 1 shall be accompanied by a certificate
of authenticity issued by the authorities of
the exporting
country or customs territory listed in Annex II attesting that
the goods originate in that country or customs territory and
that they correspond to the definition given, as the case may be,
in Annex II to Regulation (EC) No 2007/2000, Annex III to the
Stabilisation and Association Agreements with Croatia, Annex
III
to the Stabilisation and Association Agreement with the
former Yugoslav Republic of Macedonia or Annex II to the
Interim Agreement with Montenegro.

Certificates of authenticity shall be made out

2.
in one
original and two copies, to be printed and completed in one
of the official languages of the Community, in accordance with
the relevant model
in Annexes III to VIII for the exporting
countries or customs territory concerned. They may also be
printed and completed in the official
language or one of the
official languages of the exporting country or customs territory.

The competent authorities of the Member State in which the
import licence application is submitted may require a trans­
lation of the certificate to be provided.

3.
The original and copies of the certificate of authenticity
may be typed or hand-written. In the latter case, they shall be
completed in black ink and in block capitals.

The certificate forms shall measure 210 × 297 mm. The paper
used shall weigh not less than 40 g/m2. The original shall be
white, the first copy pink and the second copy yellow.

Each certificate shall have its own individual serial number
the issuing country or customs

4.
followed by the name of
territory.

(a) be recognised as such by the exporting country or customs

territory concerned;

(b) undertake to verify entries on the certificates;

(c) undertake to forward to the Commission at least once a
week any information enabling the entries on the certificates
of authenticity to be verified, in particular with regard to the
number of the certificate, the exporter, the consignee, the
country of destination, the product (live animals/meat), the
net weight and the date of signature.

2.
The list in Annex II shall be revised by the Commission
where the requirement referred to in paragraph 1(a) is no longer
met, where an issuing authority fails to fulfil one or more of the
obligations incumbent on it or where a new issuing authority is
designated.

Article 6

Certificates of authenticity and import licences shall be valid for
three months from their respective dates of issue.

Article 7

The exporting country or custom territory concerned shall
communicate to the Commission specimens of
the stamp
imprints used by their issuing authorities and the names and
signatures of
the persons empowered to sign certificates of
authenticity. The Commission shall communicate that infor­
mation to the competent authorities of the Member States.

The copies shall bear the same serial number and the same
name as the original.

Article 8

Certificates shall be valid only if they are duly endorsed by

5.
an issuing authority listed in Annex II.

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:

6.
Certificates shall be deemed to have been duly endorsed if
they state the date and place of issue and if they bear the stamp
of the issuing authority and the signature of the person or
persons empowered to sign them.

(a) no later than 28 February 2010, 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 2010, the quantities of products,
including nil returns, covered by unused or partly used
import
and corresponding to the difference
between the quantities entered on the back of the import
licences and the quantities for which they were issued.

licences

The notifications referred to in paragraphs 1 and 2 of this
3.
Article shall be made as indicated in Annexes IX, X and XI to
this Regulation and the product categories indicated in Annex V
of Regulation (EC) No 382/2008 shall be used.

Article 9

No later than 30 April 2010, Member States shall notify
2.
to the Commission the quantities of products, which were
actually released for
free circulation during the preceding
import tariff quota period.

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

its publication in the Official

Journal of

It shall apply from 1 January 2009.

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

Done at Brussels, 25 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Entries referred to in Article 3(1)

— in Bulgarian:

‘Baby beef’ (Регламент (ЕО) № 1189/2008)

— in Spanish:

‘Baby beef’ [Reglamento (CE) no 1189/2008]

— in Czech:

‘Baby beef’ (Nařízení (ES) č. 1189/2008)

— in Danish:

‘Baby beef’ (Forordning (EF) nr. 1189/2008)

— in German:

‘Baby beef’ (Verordnung (EG) Nr. 1189/2008)

— in Estonian:

‘Baby beef’ (Määrus (EÜ) nr 1189/2008)

— in Greek:

‘Baby beef’ [Κανονισμός (ΕΚ) αριθ. 1189/2008]

— in English:

‘Baby beef’ (Regulation (EC) No 1189/2008)

— in French:

‘Baby beef’ [Règlement (CE) no 1189/2008]

— in Italian:

‘Baby beef’ [Regolamento (CE) n. 1189/2008]

— in Latvian:

‘Baby beef’ (Regula (EK) Nr. 1189/2008)

— in Lithuanian:

‘Baby beef’ (Reglamentas (EB) Nr. 1189/2008)

— in Hungarian:

‘Baby beef’ (1189/2008/EK rendelet)

— in Maltese:

‘Baby beef’ (Regolament (KE) Nru 1189/2008)

— in Dutch:

— in Polish:

‘Baby beef’ (Verordening (EG) nr 1189/2008)

‘Baby beef’ (Rozporządzenie (WE) nr 1189/2008)

— in Portuguese:

‘Baby beef’ [Regulamento (CE) n.o 1189/2008]

— in Romanian:

‘Baby beef’ [Regulamentul (CE) nr. 1189/2008]

— in Slovak:

‘Baby beef’ [Nariadenie (ES) č. 1189/2008]

— in Slovenian:

‘Baby beef’ (Uredba (ES) št. 1189/2008)

— in Finnish:

‘Baby beef’ (Asetus (EY) N:o 1189/2008)

— in Swedish:

‘Baby beef’ (Förordning (EG) nr 1189/2008)

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ANNEX II

Issuing authorities:

— Republic of Croatia: Croatian Livestock Center, Zagreb, Croatia.

— Bosnia-Herzegovina:

— The former Yugoslav Republic of Macedonia: Univerzitet Sv. Kiril I Metodij, Institut za hrana, Fakultet za veterinarna

medicina, ‘Lazar Pop-Trajkov 5-7’, 1000 Skopje

— Montenegro: Veterinary Directorate, Bulevar Svetog Petra Cetinjskog br.9, 81000 Podgorica, Montenegro

— Customs territory of Serbia (1): ‘YU Institute for Meat Hygiene and Technology, Kacanskog 13, Belgrade, Yugoslavia.’

— Customs territory of Kosovo:

(1) Not including Kosovo under United Nations Security Council Resolution 1244/1999.

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

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ANNEX VIII

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ANNEX IX

Notification of import licences (issued) — Regulation (EC) No 1189/2008

Member State:

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

Application of Article 8 of Regulation (EC) No 1189/2008

Quantities of products for which import licences were issued

From:

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

to:

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

Order No

Product category or categories (1)

Quantity
(kilograms product weight or heads)

09.4503

09.4504

09.4505

09.4198

09.4199

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

ANNEX X

Notification of import licences (unused quantities) — Regulation (EC) No 1189/2008

Member State:

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

Application of Article 8 of Regulation (EC) No 1189/2008

Quantities of products for which import licences were unused

From:

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

to:

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

Order No

Product category or categories (1)

Unused quantity
(kilograms product weight or heads)

09.4503

09.4504

09.4505

09.4198

09.4199

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

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ANNEX XI

Notification of the quantities of products put into free circulation — Regulation (EC) No 1189/2008

Member State:

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

Application of Article 8 of Regulation (EC) No 1189/2008

Quantities of products put into free circulation:

From:

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

to:

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

(import tariff quota period).

Order No

Product category or categories (1)

Quantities of products put into free circulation
(kilograms product weight or heads)

09.4503

09.4504

09.4505

09.4198

09.4199

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