CELEX: 31990R3884
Language: en
Date: 1990-12-27 00:00:00
Title: Commission Regulation (EEC) No 3884/90 of 27 December 1990 laying down detailed rules for the application of the import arrangements provided for by Council Regulations (EEC) No 3840/90 and (EEC) No 3841/90 in the beef and veal sectors

29 . 12. 90                              Official Journal of the European Communities                             No L 367/ 129
                                    COMMISSION REGULATION (EEC) No 3884/90
                                                      of 27 December 1990
                 laying down detailed rules for the application of the import arrangements
                 provided for by Council Regulations (EEC) No 3840/90 and (EEC) No 3841/90 in
                                                    the beef and veal sectors
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
Having regard to the Treaty establishing the European               Committee for Beef and Veal,
Economic Community,
Having regard to Council Regulation (EEC) No 3840/90
of 20 December 1990 opening a Community tariff quota
for high-quality fresh, chilled or frozen meat of bovine
animals falling within CN codes 0201 and 0202 and for
                                                                    HAS ADOPTED THIS REGULATION :
products falling within CN codes 0206 10 95 and
0206 29 91 (1991) ('), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 3841 /90
of 20 December 1990 opening a Community tariff quota
                                                                                                Article 1
for frozen buffalo meat falling within CN code
0202 30 90 (1991 ) (2), and in particular Article 2 thereof,
Whereas Regulations (EEC) No 3840/90 and (EEC) No                    1.    The tariff quota for fresh, chilled or frozen beef and
3841 /90 opened quotas for high-quality beef and veal and           veal provided for in Article 1 (1) of Regulation (EEC) No
                                                                    3840/90 shall be allocated as follows :
for buffalo meat ; whereas the rules for the application of
these arrangements must be established ;
                                                                    (a) 17 000 tonnes of chilled, boned or boneless meat,
Whereas the exporting non-member countries have                          falling within CN codes 0201 30 and 0206 10 95, and
undertaken to issue certificates of authenticity guaran­                 answering the following definition :
teeing the origin of these products ; whereas the form and               'Special or good-quality beef cuts obtained from exclu­
layout of these certificates and the procedures for using                sively pasture-grazed animals aged between 22 and 24
them must be specified ; whereas the certificate of                      months, having two permanent incisors and presen­
authenticity must be issued by an appropriate authority in               ting a slaughter liveweight not exceeding 460 kilo­
a non-member country, the standing of which is such as                   grams, referred to as "special boxed beef", cuts of
to ensure that the special arrangements are properly                     which may bear the letters "sc" (special cuts)' ;
applied ;
Whereas, pursuant to Article 2 of Commission Regulation             (b) 5 000 tonnes product weight of meat, falling within
(EEC) No 2377/80 (3), as last amended by Regulation                      CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30,
(EEC) No 2996/90 (4), a licence is required for all imports              0206 10 95 and 0206 29 91 , and answering the follo­
 into the Community of beef and veal products ; whereas                  wing definition :
 some of the non-member countries exporting meat under                   'Selected cuts of fresh, chilled or frozen beef derived
 this Regulation have undertaken to restrict their exports               from bovine animals which do not have more than
of such products ; whereas the licence must be endorsed                  four permanent incisor teeth, the carcases of which
as required by the provisions in Article 12 of Regulation                have a dressed weight of not more than 327 kilograms
(EEC) No 2377/80 ;                                                       (720 pounds), a compact appearance with a good eye
                                                                         of meat of light and uniform colour, and adequate but
Whereas in order to ensure that the importing of these                   not excessive fat cover. The meat shall be certified
 meats is managed efficiently it is appropriate to provide               "high-quality beef EEC"' ;
 for the non-transferability of certificates ;
                                                                     (c) 2 300 tonnes of boned or boneless meat, falling within
Whereas provision must be made for the Member States                     CN codes 0201 30, 0202 30 90, 020610 95 and
 to transmit relevant information in connection with these               0206 29 91 , and answering the following definition :
special imports ;
                                                                         'Special or good-quality beef cuts obtained from exclu­
                                                                         sively pasture-grazed animals presenting a slaughter
(') See page 6 of this Official Journal.                                 liveweight not exceeding 460 kilograms, referred to as
(2) See page 7 of this Official Journal.
0 OJ No L 241 , 13. 9. 1980, p. 5.                                       "special boxed beef". These cuts may bear the letters
b) OJ No L 286, 18. 10. 1990, p. 17.                                     "sc" (special cuts)' ;
 ---pagebreak--- No L 367/ 130                           Official Journal of the European Communities                                    29 . 12. 90
(d) 10 000 tonnes product weight of meat, falling within                                       Article 3
     CN codes 0201 , 0202, 0206 10 95 and 0206 29 91 , and
     answering the following definition :                          1.     The certificate of authenticity shall be valid for three
                                                                   months from the date it was issued.
'Carcases of any cuts from cattle not over 30 months of
age which have been fed for 100 days or more on a nutri­
tionally balanced, high-energy-feed concentration ration           The original certificate of authenticity and one copy shall
containing no less than 70 % grain and at least 20                 be presented to the customs authority when the product
pounds total feed per day. Beef graded USDA "UNITED                covered by the certificate is put into free circulation.
STATES DEPARTMENT OF AGRICULTURE" "choice"
 or "prime" automatically meets the definition above. Meat         However, the certificate may not be presented after 31
graded A2, A3 and A4 under the standards of the Cana­              December of its year of issue.
 dian Ministry of Agriculture automatically meets the defi­
 nition above'.                                                    2. The copy of the certificate of authenticity referred to
                                                                   in paragraph 1 shall be sent by the customs authorities of
 2. The tariff quota for frozen buffalo meat provided for          the Member State in which the product is placed in free
 in Article 1 (1 ) of Regulation (EEC) No 3841 /90 shall be        circulation to the designated authorities of that Member
 administered in accordance with the provisions of this            State responsible for the communication under Article
 Regulation.                                                       6 (1 ).
                                                                                               Article 4
                            Article 2
                                                                   1.      A certificate of authenticity shall be valid only if it is
 1 . The total suspension of the import levy for the meat          duly completed and endorsed, in accordance with the
 referred to in Article 1 shall be subject to the presenta­        instruction in Annexes I and II, by one of the issuing
 tion, at the time it is put into free circulation, of a certifi­  authorities listed in Annex II.
 cate of authenticity and, in respect of the meat referred to
 in Article 1 ( 1 ) (d), to the presentation of the import         2. The certificate of authenticity shall be deemed to
 licence referred to in Article 12 of Regulation (EEC) No          have been duly endorsed if it specifies the date and place
 2377/ 80 .                                                        of issue and if it bears the stamp of the issuing authority
                                                                   and the signature of the person or persons empowered to
                                                                   sign it.
 The import certificates requested for the meats under
 Article 1 (1 ) (d) shall not be transferable.
                                                                   The stamp may be replaced on the original certificate of
                                                                   authenticity and its copies by a printed seal.
 2. The certificate of authenticity shall be made out in
 one original and not less than one copy on a form corres­
 ponding to the model in Annex I.                                                               Article 5
 The form shall measure approximately 210 x 297 mm.                 1.     The issuing authorities listed in Annex II shall :
 The paper shall weigh not less than 40 g/m2 and shall be          (a) be recognized as competent by the exporting country ;
 white.                                                            (b) undertake to check the particulars set out in the certi­
                                                                        ficates of authenticity ;
 3. The forms shall be printed and completed in one of             (c) undertake to communicate to the Commission and to
 the official languages of the Community and also, if                   the Member States, on request, any useful information
 desired, in the official language or one of the official               enabling the particulars set out in the certificates of
 languages of the exporting country.                                    authenticity to be evaluated.
 The appropriate definition under Article 1 (1 ) relative to       2. The list shall be amended if the requirement in
 the meat originating from the exporting country shall be          paragraph 1 (a) is no longer met or if an issuing authority
 shown on the back of the form.                                    fails to fulfil one of the obligations incumbent on it.
 4. The particulars on the original and the copies shall                                       Article 6
 be either typewritten or handwritten. In the latter case
 they must be printed in block capitals.                           1.      The Member States shall communicate to the
                                                                   Commission, in respect of each period of 10 days, not
 5. Each certificate of authenticity shall bear an indivi­         later than 15 days after that period, the quantities of
 dual serial number assigned by the issuing authority              products referred to in Article 1 that have been put into
 referred to in Article 4. The copies shall bear the same          free circulation, broken down by their country of origin
 serial number as the original.                                    and combined nomenclature code.
 ---pagebreak--- 29 . 12. 90                          Official Journal of the European Communities                         No L 367/ 131
2.    Under this Regulation the period of 10 days means :                                Article 8
— from the first to 10th of the month inclusive,
                                                               In all Community instruments in which reference is
— from the 11th to 20th of the month inclusive,                made to Commission Regulation (EEC) No 263/81 (1), or
— from the 21st to the last day of the month inclusive.        to Articles of that Regulation, such references shall be
                                                               treated as references to this Regulation or to the corres­
                        Article 7                              ponding Articles hereof.
The lodging of licence applications and the issuing of
import licences for the meat referred to in Article 1 (1) (d)                            Article 9
shall be effected in accordance with the provisions of
Articles 12 and 15 of Regulation (EEC) No 2377/80.             This Regulation shall enter into force on 1 January 1991 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 27 December 1990.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
                                                                0) OJ No L 27, 31 . 1 . 1981 , p. 52.
 ---pagebreak---  ---pagebreak---                                                                              ANNEX I
               1 Exporter                                                             2 Certificate No
                                                                                                                                       ORIGINAL
                                                                                      3 Issuing authority                  I
               4 Consignee
               6 Means of transport
                                                                                                5 CERTIFICATE OF AUTHENTICITY
                                                                                                                BEEF AND VEAL
               7 Marks, numbers, number and kind of packages ;                                                                 8 Gross weight 9 Net weight
                 description of goods                                                                                            N)             (M
               10 Net weight (in words)
               11 CERTIFICATION BY THE ISSUING AUTHORITY
                  I hereby certify that the beef described in this certificate complies with the specification shown overleaf
                  (a) for high-quality beef (1 ) ;
                  (b) for buffalo meatf1).
.appropriate
                                                               Place :                                      Date :
Delete as
)                                                                                             Signature and stamp (or printed seat)
 ---pagebreak---              DEFINITIONS
High-quality beef originating in
        (appropriate definition)
 Buffalo meat originating in Australia
 ---pagebreak--- 29 . 12. 90                           Official Journal of the European Communities                              No L 367/ 135
                                                          ANNEX II
            LIST OF AUTHORITIES IN EXPORTING COUNTRIES EMPOWERED TO ISSUE CERTIFI­
                                                 CATES OF AUTHENTICITY
            — JUNTA NACIONAL DE CARNES
               for meat originating in Argentina, answering the definition in Article 1 (1 ) (a).
            — AUSTRALIAN MEAT AND LIVESTOCK CORPORATION
               for meat originating in Australia :
               (a) answering the definition in Article 1 (1) (b);
               (b) referred to in Article 1 (2).
            — INSTITUTO NACIONAL DE CARNES (INAC)
               for meat originating in Uruguay, answering the definition in Article 1 (1 ) (c).
            — FOOD SAFETY AND INSPECTION SERVICE (FSIS) OF THE UNITED STATES DEPARTMENT OF
               AGRICULTURE (USDA)
               for meat originating in the United States of America, answering the definition in Article 1 (1) (d).
            — FOOD PRODUCTION AND INSPECTION BRANCH-AGRICULTURE CANADA, DIRECTION
               GÉNÉRALE PRODUCTION ET INSPECTION DES ALIMENTS-AGRICULTURE CANADA
               for meat originating in Canada, answering the definition in Article 1 (1 ) (d).