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Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat

Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

  1. Whereas the Community has undertaken, pursuant to the Agreement on agriculture concluded under the Uruguay Round of multilateral trade negotiations, to open tariff quotas for high-quality beef and frozen buffalo meat, fixed at an annual quantity of 58 100 tonnes and 2 250 tonnes respectively; whereas those quotas should be opened on a multiannual basis and detailed rules should be adopted for their application for 12-month periods starting on 1 July;

  2. Whereas the exporting third countries have undertaken to issue certificates of authenticity guaranteeing the origin of the products; whereas the form and layout of the certificates and the procedures for using them must be specified; whereas certificates of authenticity must be issued by authorities in third countries affording all the necessary guarantees to ensure that the arrangements concerned are properly applied;

  3. Whereas the quota in question should be managed using import licences; whereas to this end rules should be laid down on submission of applications and the information to be given on applications and licences, by way of derogation, if necessary, from certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products(2), as last amended by Regulation (EC) No 2350/96(3), and of Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80(4), as last amended by Regulation (EC) No 266/97(5);

  4. Whereas, in order to ensure proper management of the imports of meat, provision should be made, where relevant, for import licences to be issued subject to verification, in particular of entries on certificates of authenticity;

  5. Whereas experience has shown that importers do not always inform the competent authorities which issued the import licences of the quantity and origin of the beef imported under the quota in question; whereas this information is important for the assessment of the market situation; whereas a security should therefore be introduced to ensure that importers comply with this requirement;

  6. Whereas provision should be made for the Member States to forward information concerning such imports;

  7. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

1.

The following tariff quotas are hereby opened on a multiannual basis for the period from 1 July one year to 30 June the year after, hereinafter called ‘import year’:

  • 60 250 tonnes for high-quality fresh, chilled or frozen meat of bovine animals covered by CN codes 0201 and 0202 and for products covered by CN codes 0206 10 95 and 0206 29 91. This quota carries serial No 09.4002,

  • 2 250 tonnes for frozen boneless buffalo meat covered by CN code 0202 30 90, expressed in weight of boneless meat. This quota carries serial No 09.4001.

    For the purposes of attributing the said quota, 100 kilograms of bone-in meat shall be equivalent to 77 kilograms of boneless meat.

However, the total volume of tariff quotas shall be 59 675 tonnes in the 2005/2006 import year.

2.

For the purposes of this Regulation, ‘frozen meat’ means meat with an internal temperature of −12 °C or lower when it enters the customs territory of the Community.

3.

The ad valorem customs duty under the quotas referred to in paragraph 1 shall be 20%.

Article 2

The tariff quota for fresh, chilled and frozen beef provided for in the first indent of Article 1 (1) shall be allocated as follows:

  1. 28 000 tonnes for boneless meat covered by CN codes 0201 30 and 0206 10 95 and meeting the following definition:

    ‘Special or good-quality beef cuts obtained from exclusively pasture-grazed animals aged between 22 and 24 months, having two permanent incisors and presenting a slaughter liveweight not exceeding 460 kilograms, referred to as “special boxed beef”, cuts of which may bear the letters “sc” (special cuts)’

    .

    However, for the 2002/03 import year the tariff quota shall be 38 000 tonnes, of which 10 000 tonnes, expressed in product weight, shall fall within CN codes 0201 30 00, 0202 30 90, 0206 10 95 and 0206 29 91;

  2. 7 150 tonnes product weight for meat covered by CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, 0206 10 95 and 0206 29 91 and meeting the following definition:

    Selected cuts obtained from steer or heifer carcasses which have been classified under one of the following official categories ‘Y’, ‘YS’, ‘YG’, ‘YGS’, ‘YP’ and ‘YPS’ as defined by AUS-MEAT Australia. Beef colour shall conform to AUS-MEAT meat colour reference standards 1 B to 4, fat colour to AUS-MEAT fat colour reference standards 0 to 4 and fat depth (measured at the P8 site) to AUS-MEAT fat classes 2 to 5.

    The cuts shall be labelled according to Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council(6).

    The indication ‘High-quality Beef’ may be added to the information on the label.

    However, for the 2005/2006 import year the tariff quota shall be 7 075 tonnes product weight for meat corresponding to the CN codes mentioned in the first subparagraph and complying with the requirements provided for in the second, third ant fourth subparagraphs

    ;

  3. 6 300 tonnes for boneless meat covered by CN codes 0201 30, 0202 30 90, 0206 10 95 and 0206 29 91 and meeting the following definition:

    ‘Special or good-quality beef cuts obtained from exclusively pasture-grazed animals presenting a slaughter liveweight not exceeding 460 kilograms, referred to as “special boxed beef”. These cuts may bear the letters “sc” (special cuts)’

    ;

  4. 5 000 tonnes for boneless meat covered by CN codes 0201 30, 0202 30 90, 0206 10 95 and 0206 29 91 and meeting the following definition:

    ‘Beef cuts obtained from steers (novilhos) or heifers (novilhas) aged between 20 and 24 months, which have been exclusively pasture-grazed, have lost their central temporary incisors but do not have more than four permanent incisor teeth, which are of good maturity and which meet the following beef-carcase classification requirements:

    meat from B or R class carcases of rounded to straight conformation and a fat-cover class of 2 or 3; the cuts, bearing the letters “sc” (special cuts) or an “sc” (special cuts) label as a sign of their high quality are to be boxed in cartons bearing the words “high quality beef”;’

  5. 1 300 tonnes product weight for meat covered by CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, 0206 10 95 and 0206 29 91 and meeting the following definition:

    ‘Selected chilled or frozen premium beef cuts derived from exclusively pasture-grazed bovine animals which do not have more than four permanent incisor teeth in wear, the carcases of which have a dressed weight of not more than 325 kilograms, a compact appearance with a good eye, of meat of light and uniform colour and adequate but not excessive fat cover. All cuts will be vacuum packaged and referred to as “high-quality beef”’

    .

    However, for the 2005/2006 import year the tariff quota shall be 800 tonnes product weight for meat corresponding to the CN codes and the definition referred to in the first and in the second subparagraphs;

  6. 11 500 tonnes product weight for meat falling within CN codes 0201, 0202, 0206 10 95 and 0206 29 91, and meeting the following definition:

    ‘Carcasses or any cuts obtained from bovine animals not over 30 months of age which have been fed for 100 days or more on nutritionally balanced, high-energy-content rations containing not less than 70 % grain and comprising at least 20 pounds total feed per day. Beef graded “choice” or “prime” according to USDA (United States Department of Agriculture) standards automatically meets the above definition. Meat graded “Canada A”, “Canada AA”, “Canada AAA”, “Canada Choice” and “Canada Prime”, “A1”, “A2” and “A3”, according to the Canadian Food Inspection Agency — Government of Canada, corresponds to this definition’

    ;

  7. 1 000 tonnes of boneless meat falling within CN codes 0201 30 00 and 0202 30 90 and meeting the following definition:

    ‘fillet (lomito), striploin and/or Cube roll (lomo), rump (rabadilla), topside (carnaza negra) obtained from selected crossbred animals with less than 50 % of breeds of the zebú type and having been exclusively fed with pasture grass or hay. The slaughtered animals shall be steers or heifers falling under category “V” of the VACUNO carcasse-grading system producing carcasses not exceeding 260 kg.

    The cuts must be labelled according to Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(1). The indication “high-quality beef” may be added to the information on the label’.

Article 3

1.

Imports of the quantities set out in Article 2 (f) shall be subject to presentation, on release for free circulation, of:

  • an import licence issued in accordance with Articles 4 and 5, and

  • a certificate of authenticity issued in accordance with Article 6.

2.

Import licences as referred to in paragraph 1 shall be allocated on a monthly basis. The quantity available each month of each import year shall correspond to one twelfth of the total quantity set out in Article 2 (f), plus any quantity remaining from the preceding months as referred to in Article 5 (3).

Article 4

In order to obtain import licences as referred to in Article 3:

  1. the licence applicants must be natural or legal persons who, at the time their applications are submitted, have been engaged for at least 12 months in trade in beef and veal between Member States or with third countries and who are registered in a Member State for VAT purposes;

  2. the licence applications lodged may cover a total quantity corresponding to not more than the quantity available for the month in which the application is lodged;

  3. section 8 of licence applications and licences must show the country of origin; licences shall carry with them an obligation to import from the country in question;

  4. section 20 of licence applications and licences shall contain one of the following entries:

    • Carne de vacuno de alta calidad [Reglamento (CE) no 936/97]

    • Vysoce jakostní hovězí/telecí maso (nařízení (ES) č. 936/97)

    • Oksekød af høj kvalitet (forordning (EF) nr. 936/97)

    • Qualitätsrindfleisch (Verordnung (EG) Nr. 936/97)

    • Kõrgekvaliteediline veiseliha/vasikaliha (määrus (EÜ) nr 936/97)

    • Βόειο κρέας εκλεκτής ποιότητας [κανονισμός (ΕΚ) αριθ. 936/97]

    • High-quality beef/veal (Regulation (EC) No 936/97)

    • Viande bovine de haute qualité [règlement (CE) no 936/97]

    • Carni bovine di alta qualità [regolamento (CE) n. 936/97]

    • Augstākā labuma liellopu/teļa gaļa (Regula (EK) Nr. 936/97)

    • Aukštos kokybės jautiena ir (arba) veršiena (Reglamentas (EB) Nr. 936/97)

    • Kiváló minőségű marha-/borjúhús (936/97/EK rendelet)

    • Kwalita għolja ta’ ċanga/vitella (Regolament (KE) Nru 936/97)

    • Rundvlees van hoge kwaliteit (Verordening (EG) nr. 936/97)

    • Wołowina/cielęcina wysokiej jakości (Rozporządzenie (WE) nr 936/97)

    • Carne de bovino de alta qualidade [Regulamento (CE) n.o 936/97]

    • Vysoko kvalitné hovädzie/teľacie mäso (Nariadenie (ES) č. 936/97)

    • Visokokakovostno goveje/telečje meso (Uredba (ES) št. 936/97)

    • Korkealaatuista naudanlihaa (asetus (EY) N:o 936/97)

    • Nötkött av hög kvalitet (förordning (EG) nr 936/97).

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 13

ANNEX I

ANNEX IILIST OF AUTHORITIES IN EXPORTING COUNTRIES EMPOWERED TO ISSUE CERTIFICATES OF AUTHENTICITY