CELEX: 31990R3886
Language: en
Date: 1990-12-27 00:00:00
Title: Commission Regulation (EEC) No 3886/90 of 27 December 1990 laying down detailed rules for the application of import arrangements provided for in Council Regulation (EEC) No 3839/90 for frozen thin skirt of bovine animals

29 . 12. 90                               Official Journal of the European Communities                          No L 367/ 139
                                      COMMISSION REGULATION (EEC) No 3886/90
                                                      of 27 December 1990
                   laying down detailed rules for the application of import arrangements provided
                   for in Council Regulation (EEC) No 3839/90 for frozen thin skirt of bovine
                                                              animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas for other countries, the quota should be
                                                                     managed only on the basis of Community import
Having regard to the Treaty establishing the European                licences, provision being made for derogations in certain
Economic Community, '                                                particular respects, from the applicable provisions ;
Having regard to Council Regulation (EEC) No 3839/90                 Whereas measures provided for in this Regulation are in
of 20 December 1990 opening a Community tariff quota                 accordance with the opinion of the Management
for frozen thin skirt of bovine animals falling within CN            Committee for Beef and Veal,
code 0206 29 91 (1991)0, anc* in particular Article 2
thereof,
Having regard to Regulation (EEC) No 805/68 of the                   HAS ADOPTED THIS REGULATION :
Council of 27 June 1968 on the common organization of
the market in beef and veal (2), as last amended by                                            Article 1
Regulation (EEC) No 571 /89 (3), and in particular Article
 15 (2) thereof,                                                      1 . The tariff quota for frozen thin skirt provided for in
Whereas Commission Regulation (EEC) No 3719/88 (4),                  Article 1 (1 ) of Regulation (EEC) No 3839/90 shall be
                                                                     allocated as follows :
as amended by Regulation (EEC) No 1599/90 (*), lays
down detailed rules for the application of the system of             (a) 700 tonnes originating in and coming from
 import and export licences and advance-fixing certificates               Argentina ;
 for agricultural products ; whereas Commission                      (b) 800 tonnes originating in and coming from other
 Regulation (EEC) No 2377/80 (*), as last amended by                      third countries.
 Regulation (EEC) No 2996/90 Q, lays down detailed rules
 for implementing the arrangements for import licences                2.    Only whole thin skirt may be imported under the
 for beef and veal ;                                                  quota.
Whereas detailed rules for the application of the                                              Article 2
 arrangements laid down in Regulation (EEC) No 3839/90
 should be adopted ;                                                  1 . The total suspension of the import levy for the meat
 Whereas it has proved necessary to take account of trade             referred to in Article 1 (1 ) (a) shall be subject to the
 in this product for the purposes of allocating that quota ;          presentation of a certificate of authenticity when it is
                                                                      released for free circulation.
 whereas trade has been recorded for Argentina on the one
 hand and for other third countries on the other hand and
                                                                      2.    The Common Customs Tariff duty under this quota
 whereas a quota should accordingly be fixed on that basis            shall be 4 % .
 for Argentina and another for other third countries ;
                                                                      3 . Certificates of authenticity shall be made out in one
 Whereas Argentina must issue certificates of authenticity            original and not less than one copy on a form corres­
 guaranteeing the origin of those products ; whereas the              ponding to the specimen in Annex I.
 form and layout of those certificates and the procedures
 for using them must be specified ;                                   The form shall measure approximately 210 x 297
                                                                      millimetres. The paper shall weigh not less than 40 grams
 Whereas certificates of authenticity must be issued by an            per square metre and shall be white.
 appropriate authority in a third country ; whereas such
 authorities must present all the necessary guarantees to             4. The forms shall be printed and completed in one of
 ensure that the arrangements in question operate                     the official languages of the Community and also, if
 properly ;                                                           desired, in the official language or one of the official
                                                                      languages of the exporting country.
 Whereas provision must be made for the Member States
 to forward information on the imports in question ;                  5. The particulars on the original and the copies shall
                                                                      be either typewritten or handwritten. In ,the latter case
 (') See page 5 of this Official Journal.                             they must be printed in block capitals.
 (2) OJ No L 148, 28. 6. 1968, p. 24.
 (3) OJ  No L  61 , 4. 3. 1989, p. 43.                                6. Each certificate of authenticity shall bear an
 (4) OJ  NoiL  331 , 2. 12. 1988 , p. 1 .                             individual serial number assigned by the issuing authority
 0   OJ  No L  151 , 14. 6. 1990, p. 29.
 (•) OJ  No L  241 , 13. 9. 1980, p. 5.                               referred to in Article 4. The copies shall bear the same
 0   OJ  No L  286, 18. 10. 1990, p. 17.                              serial number as the original.
 ---pagebreak--- No L 367/ 140                         Official Journal of the European Communities                                29 . 12. 90
                          Article 3                             2. For the purposes of this Regulation, the period of 10
                                                                days means the period :
1.    Certificates of authenticity shall be valid for three     — from the 1st to the 10th of the month,
months from the date of issue.
                                                                — from the 11th to the 20th of the month,
The original certificate of authenticity and one copy shall     — from the 21st to the last day of the month.
be presented to the customs authorities when the product
covered by the certificate is released for free circulation.                               Article 7
However, certificates may not presented after 31
December of the year of issue.                                   1 . For products referred to in Article 1 (1 ) (b), the
                                                                 import levy shall be totally suspended and the Common
2. Copies of certificates of authenticity as referred to in      Customs Tariff duty applicable shall be 4 % .
paragraph 1 shall be forwarded by the customs authorities
of the Member State in which the product is released for         2. In order to qualify for the import arrangements
free circulation to the authorities designated by that           referred to in Article 1 (1 ) (b) :
Member State for the purposes of the notification
provided for in Article 6 (1 ).                                  (a) the licence application or applications lodged by any
                                                                     one applicant must relate to a total quantity corres­
                                                                     ponding to not less than five tonnes of meat by
                          Article 4                                  weight of product and to not more than the quantity
                                                                     available under the arrangements in question ;
1 . Certificates of authenticity shall be valid only if they     (b) section 20 of licence applications and of the licences
are duly completed and endorsed, in accordance with the              themselves shall contain one of the following
instructions in Annex I, by an issuing authority listed in           endorsements :
Annex II.
                                                                     — Musculos del diafragma y delgados [Reglamento
2. A certificate of authenticity shall be deemed to have                  (CEE) n° 3886/90]
been duly endorsed if it specifies the date and place of             — Mellemgulv (forordning (EØF) nr. 3886/90)
issue and if it bears the stamp of the issuing authority and         — Saümfleisch (Verordnung (EWG) Nr. 3886/90)
the signature of the person or persons empowered to sign             — Διάφραγμα [κανονισμός (EOK) αριθ. 3886/901
it.
                                                                     — Thin skirt (Regulation (EEC) No 3886/90)
The stamp may be replaced on the original certificate of             — Hampe [règlement (CEE) n0 3886/90]
authenticity and its copies by a printed seal.                       — Pezzi detti « hampes » (regolamento (CEE) n.
                                                                          3886/90)
                           Article 5
                                                                     — Omloop (Verordening (EEG) nr. 3886/90)
                                                                     — Diafragma [Regulamento (CEE) n? 3886/90];
 1.    The issuing authorities listed in Annex II shall :
(a) be recognized as competent by the exporting country ;        (c) the country of origin shall be indicated in section 8 of
(b) undertake to check the particulars on the certificates            licence applications and of the licences themselves ;
     of authenticity ;                                           (d) applications must be natural or legal persons who, at
(c) undertake to supply the Commission and the Member                 the time the application was submitted, have for at
     States, on request, with any information enabling the            least 12 months been engaged in the trade in beef
     particulars on the certificates of authenticity to be            and/or veal between Member States or with third
     evaluated.                                                       countries and whose names are entered in the official
                                                                      register of a Member State.
2. The list shall be revised if the requirement in
paragraph 1 (a) is no longer met or if an issuing authority      3. For the purposes of applying these special
fails to fulfil one of the obligations incumbent on it.          arrangements, where the quantities are imported under
                                                                 the terms of Article 8 (4) of Regulation (EEC) No
                                                                 3719/88, the levy fixed in accordance with Article 12 of
                           Article 6                             Regulation (EEC) No 805/68 and the Common Customs
                                                                 Tariff duty of 20 % shall be charged on the quantities
                                                                  exceeding those indicated in the import licence.
 1 . The Member States shall notify the Commission, in
respect of each period of 10 days, not later than 15 days        Section 24 of licenses shall contain one of the following
after that period, of the quantities of products referred to     endorsements :
in Article 1 that have been released for free circulation,
broken down by their country of origin and CN code.              — Exacción reguladora suspendida para . . . (cantidad para
                                                                      la cual se ha expedido el certificado) kg
The information notified shall also include the year of          — Importafgift suspenderet for . . . (den mængde, som
issue of the certificate of authenticity.                             licensen er udstedt for) kg
 ---pagebreak--- 29 . 12. 90                           Official Journal of the European Communities                             No L 367/ 141
— Aussetzung der Abschöpfung für ... kg (Menge, für              applicants and the countries of origin indicated. All
     die die Lizenz erteilt wurde)                               notifications, including nil returns, shall be made by telex
— H εισφορά έχει ανασταλεί για . . . (ποσότητα για               and shall be sent before 4 p.m. on the stipulated working
     την οποία εκδόθηκε το πιστοποιητικό) kg                     day.
— Levy suspended for . . . (quantity for which the licence
     or certificate was issued) kg                               4.    The Commission shall decide to what extent the
— Prélèvement suspendu pour . . . (quantité pour laquelle        applications referred to in Article 7 may be accepted. If
     le certificat a été délivré) kg                             the quantities for which licences are applied for exceed
— Prelievo sospeso per . . . (quantità per la quale e stato       the quantities available, the Commission shall reduce the
     rilasciato il titolo) kg                                     amounts applied for by a fixed percentage.
— Heffing geschorst voor . . . (hoeveelheid waarvoor het
     certificaat is afgegeven) kg                                 5. Subject to the Commission having decided that
— Direito nivelador suspenso para . . . (quantidade para a        applications be accepted, licences shall be issued on 18
     qual o certificado foi emitido) kg.                          February 1991 .
                            Article 8
                                                                                            Article 9
1 . The applications referred to in Article 7 may be
lodged up to 25 January 1991 .                                    1 . Without prejudice to this Regulation, the provisions
                                                                  of Regulation (EEC) No 2377/80 shall apply.
2. Licence applications shall be considered only if the
applicant declares in writing that he has not lodged and          2.    However, pursuant to this Regulation, the security
undertakes not to lodge any application under the same            for import licences shall be ECU 10 per 100 kilograms
special arrangements in any Member State other than that          net weight and the period of validity shall expire on 31
where his present application is lodged ; if an applicant         December 1991 .
lodges applications in respect of the same special
arrangements in two or more Member States, none of the            3.    Certificates shall not be transferable.
applications shall be considered.
All applications from one applicant shall be regarded as a
                                                                                            Article 10
single application.
3. Member States shall notify the Commission on 7                 This Regulation shall enter into force on the day of its
February 1991 of the total quantity covered by                    publication in the Official Journal of the European
applications. That notification shall cover the list of            Communities.
                   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
                                                                        7iA       n-f f-l r
 ---pagebreak---  ---pagebreak---                                                                      ANNEX I
1 Exporter                                                                  2 Certificate No
                                                                                                                           ORIGINAL
                                                                            3 Issuing authority
4 Consignee
6 Means of transport                                                                  5 CERTIFICATE OF AUTHENTICITY
                                                                                                      BEEF AND VEAL
                                                                                                             Thin skirt
 7 Marks, numbers, number and kind of packages ;                                                                   8 Gross weight 9 Net weight
   description of goods                                                                                              (kg)              (Kg)
 10 Net weight (in words)
 11 CERTIFICATION BY THE ISSUING AUTHORITY
    I hereby certify that the thin skirt described in this certificate complies with the specifications referred to in Article 1 (2) of Commission
    Regulation (EEC) No 4025/89 within the limit referred to in Article 1 (1 ) of that Regulation and that originates in Argentina.
                                                    Place :                                      Date :
                                                                                     Signature and stamp (or printed seal)
 ---pagebreak---  ---pagebreak--- 29 . 12. 90                            Official Journal of the European Communities       No L 367/ 145
                                                           ANNEX II
            LIST OF AUTHORITIES IN EXPORTING COUNTRIES EMPOWERED TO ISSUE CERTIFI­
                                                 CATES OF AUTHENTICITY
            JUNTA NACIONAL DE CARNES :
            for thin skirt originating in Argentina as referred to in Article 1 (1 ) (a).