31990R3884
29 . 12. 90 No L 367/ 129 Official Journal of the European Communities
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 Committee for Beef and Veal, Having regard to the Treaty establishing the European 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,
1 . The tariff quota for fresh, chilled or frozen beef and Whereas Regulations (EEC) No 3840/90 and (EEC) No veal provided for in Article 1 (1 ) of Regulation (EEC) No 3841 /90 opened quotas for high-quality beef and veal and 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, falling within CN codes 0201 30 and 0206 10 95, and Whereas the exporting non-member countries have answering the following definition : undertaken to issue certificates of authenticity guaran 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 ;
(b) 5 000 tonnes product weight of meat, falling within Whereas, pursuant to Article 2 of Commission Regulation CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, (EEC) No 2377/80 (3), as last amended by Regulation 0206 10 95 and 0206 29 91 , and answering the follo (EEC) No 2996/90 (4), a licence is required for all imports wing definition : into the Community of beef and veal products ; whereas 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)' ;
No L 367/ 130 29 . 12. 90 Official Journal of the European Communities
Article 3 (d) 10 000 tonnes product weight of meat, falling within 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 the Member State in which the product is placed in free 2. The tariff quota for frozen buffalo meat provided for circulation to the designated authorities of that Member in Article 1 (1 ) of Regulation (EEC) No 3841 /90 shall be State responsible for the communication under Article administered in accordance with the provisions of this 6 (1 ). Regulation.
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 authorities listed in Annex II. tion, at the time it is put into free circulation, of a certifi 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 :
(a) be recognized as competent by the exporting country ; The paper shall weigh not less than 40 g/m2 and shall be 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.
2. The list shall be amended if the requirement in The appropriate definition under Article 1 (1 ) relative to paragraph 1 (a) is no longer met or if an issuing authority the meat originating from the exporting country shall be 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.
29 . 12. 90 Official Journal of the European Communities No L 367/ 131
Article 8 2. Under this Regulation the period of 10 days means : — 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.
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 :
as
Delete ) Signature and stamp (or printed seat)
DEFINITIONS High-quality beef originating in (appropriate definition) Buffalo meat originating in Australia
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).