31990R3886

No L 367/ 139 29 . 12. 90 Official Journal of the European Communities

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,

HAS ADOPTED THIS REGULATION : Having regard to Regulation (EEC) No 805/68 of the 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 Article 1 (1 ) of Regulation (EEC) No 3839/90 shall be Whereas Commission Regulation (EEC) No 3719/88 (4), 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 2. Only whole thin skirt may be imported under the for implementing the arrangements for import licences 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 referred to in Article 1 (1 ) (a) shall be subject to the Whereas it has proved necessary to take account of trade presentation of a certificate of authenticity when it is in this product for the purposes of allocating that quota ; 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.

No L 367/ 140 29 . 12. 90 Official Journal of the European Communities

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 (CEE) n° 3886/90] 2. A certificate of authenticity shall be deemed to have 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) — Omloop (Verordening (EEG) nr. 3886/90) Article 5 — 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 licence applications and of the licences themselves ; (b) undertake to check the particulars on the certificates 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 and/or veal between Member States or with third particulars on the certificates of authenticity to be 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 3. For the purposes of applying these special paragraph 1 (a) is no longer met or if an issuing authority arrangements, where the quantities are imported under fails to fulfil one of the obligations incumbent on it. the terms of Article 8 (4) of Regulation (EEC) No 3719/88, the levy fixed in accordance with Article 12 of Regulation (EEC) No 805/68 and the Common Customs Article 6 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

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— 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 and shall be sent before 4 p.m. on the stipulated working — H εισφορά έχει ανασταλεί για . . . (ποσότητα για day. την οποία εκδόθηκε το πιστοποιητικό) kg — 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 applications be accepted, licences shall be issued on 18 — Direito nivelador suspenso para . . . (quantidade para a 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

ANNEX I

2 Certificate No 1 Exporter 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)

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).