Commission Implementing Regulation (EU) 2020/761Dangos y teitl llawn

CHAPTER 6 U.K. Beef and veal

Article 42 U.K. Tariff quotas and quantities

In accordance with the concessions made in the framework of the World Trade Organisation approved by Decision 94/800/EC, tariff quotas are open for imports into the Union of frozen meat of bovine animals, subject to the conditions laid down in this Regulation.

In accordance with the concessions made in the framework of the World Trade Organisation, approved by Regulation (EC) No 1095/96, tariff quotas are open for imports into the Union of frozen thin skirt of bovine animals, subject to the conditions laid down in this Regulation.

In accordance with the concessions made in the framework of the World Trade Organisation, approved by Regulation (EC) No 1095/96, tariff quotas are open for imports into the Union of high-quality fresh, chilled and frozen beef and for frozen buffalo meat subject to the conditions laid down in this Regulation.

In accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products approved by Council and Commission Decision 2002/309/EC, Euratom(1), tariff quotas are open for imports into the Union of dried boneless meat of bovine animals and live bovine animals subject to the conditions laid down in this Regulation.

In accordance with the Stabilisation and Association Agreement between the European Communities and their Member States and the former Yugoslav Republic of Macedonia, approved by Decision 2004/239/EC, the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part, approved by Council Decision 2008/474/EC(2), the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part, approved by Council Decision 2010/36/EC(3), the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, approved by Council and Commission Decision 2010/224/EU, Euratom(4) and the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo(5), of the other part, approved by Council Decision (EU) 2016/342(6), tariff quotas are open for imports into the Union of baby beef subject to the conditions laid down in this Regulation.

In accordance with the Agreement establishing an association between the European Community and its Member States of the one part, and the Republic of Chile, of the other part approved by Council Decision 2005/269/EC(7), tariff quotas are open for imports into the Union of fresh, chilled or frozen beef or veal subject to the conditions laid down in this Regulation.

In accordance with the Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, approved by Council Decision 2006/106/EC(8), tariff quotas are open for imports into the Union of frozen beef intended for processing, subject to the conditions laid down in this Regulation.

In accordance with the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part the provisional application of which was approved by Council Decision 2017/38(9), tariff quotas are open for imports into the Union of meat of bovine animals and swine, subject to the conditions laid down in this Regulation.

In accordance with the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, approved by Council Decision (EU) 2017/1247(10), tariff quotas are open for imports into the Union of fresh and frozen beef, fresh and frozen pigmeat, eggs, egg products and albumins subject to the conditions laid down in this Regulation.

Beef and veal tariff quotas and their specific conditions are laid down in Annex VIII.

Article 43 U.K. Specific rules applicable to import tariff quotas managed with documents issued by third countries and to tariff quota 09.4002

1. This article shall apply to tariff quotas managed with documents issued by third countries and to tariff quota under order number 09.4002.

2. Upon release for free circulation of quantities imported under the tariff quotas referred to in paragraph 1, the importer shall present to the customs authority an import licence and a certificate of authenticity or a copy thereof.

3. Certificates of authenticity shall be drawn up in accordance with the model set out in Annex XIV.

4. Certificates of authenticity shall be completed in one of the official languages of the Union or of the exporting country.

5. Certificates of authenticity shall bear an individual serial number allocated by the issuing authorities.

6. Certificates of authenticity shall be valid only if they are duly completed and endorsed by the issuing authority in the third country of origin referred to in the Annex for the import tariff quota concerned.

7. Certificates of authenticity shall be considered to have been duly endorsed if they state the date and place of issue and if they bear a printed seal or the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

8. Quantities provided on an import licence shall be broken down by CN code.

9. Import licences issued for tariff quota 09.4002 shall be valid for three months from their respective dates of issue.

10. Applications for tariff quota 09.4002 may cover, for the same quota order number, one or several of the products covered by the CN codes or groups of CN codes listed in Part A of Annex XV for this tariff quota. Where applications cover several CN codes, the respective quantity applied for per CN code or group of CN codes shall be specified. All the CN codes shall be indicated in Section 16 of licence applications and of licences and their description shall be indicated in Section 15 of licence applications and of licences.

Article 44 U.K. Applications for and issue of import licences for tariff quotas managed with documents issued by third countries

1. Section 8 of the import licence applications and of the import licence shall contain the information specified, for the relevant tariff quota, in the box ‘specific entries to be made on the licence’ of Annex VIII.

2. Upon application for the import licence, applicants shall submit the certificate of authenticity and a copy thereof to the licence issuing authority. The competent authorities may issue import licences only where they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission.

Where only a copy of the certificate of authenticity has been presented or where the original of the certificate of authenticity has been presented but the information in that document is not in conformity with the information provided by the Commission, the competent authorities shall request the licence applicant to lodge an additional security pursuant to Article 45.

Article 45 U.K. Additional securities applicable to tariff quotas managed with documents issued by third countries

1. In the circumstances referred to in the second subparagraph of Article 44(2) licence applicants shall lodge an additional security equal to the amount corresponding, for the products in question, to the Most Favoured Nation duty under the Common Customs Tariff applicable on the day on which the application for the import licence is submitted.

However, such an additional security shall not be required where the authority of the exporting country has provided a copy of the certificate of authenticity by means of the information system referred to in Article 72(8).

2. Member States shall release the additional security once they receive the original of the certificate of authenticity and are satisfied that its content corresponds to the information received from the Commission.

3. The amount of the additional security which has not been released shall be forfeited and retained as customs duties.

Article 46 U.K. Tariff quotas for fresh and frozen beef and veal originating in Canada

1. The release into free circulation in the Union of fresh and frozen beef and veal originating in Canada shall be conditional upon production of an origin declaration. The origin declaration shall be provided on an invoice or any other commercial document that describes the originating product in sufficient detail to enable its identification. The text of the origin declaration shall be as set out in Annex 2 to the Protocol on rules of origin and origin procedures to the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part.

2. The conversion factors laid down in Part B of Annex XVI shall be used to convert product weight to carcass weight equivalent for the tariff quotas under order numbers 09.4280 and 09.4281.

3. For the purpose of calculating the proof of trade and, where applicable, the reference quantity, the weight shall be corrected using the conversion factors laid down in Part B of Annex XVI.

4. Applications for import licences shall be submitted within the first 7 days of the second month preceding the start of each of the sub-periods referred to in Annex VIII.

5. If quantities remain available after the first application period within a given sub-period, eligible applicants may submit new applications for import licences during the two following application periods, in accordance with Article 6 of this Regulation. In such cases food business operators with establishments approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(11) may apply without submitting a proof of trade.

6. Import licences shall be issued as of the 23rd day until the end of the month in which the applications were submitted.

7. Import licences shall be valid for 5 months from the date of their issue, within the meaning of Article 7 of Implementing Regulation (EU) 2016/1239 or from the date of the beginning of the sub-period for which the import licence is issued, whichever is later. However, the import licence shall expire at the latest on 31 December.

8. Licence holders may return unused licence quantities before the expiry of the licence and no later than 4 months prior to the end of the tariff quota period. Each licence holder may return up to 30 % of its individual licence quantity.

9. When a part of the licence quantity is returned in accordance with paragraph 8, 60 % of the corresponding security shall be released.

Article 47 U.K. Common provisions

1. Certificates of authenticity shall be valid for three months from their dates of issue and in any case not beyond the last day of the tariff quota period.

2. The notified quantities shall be expressed in kilograms of product weight and, where applicable, converted in product weight bone-less equivalent.

3. For the purposes of this Chapter, ‘frozen meat’ means meat that has an internal temperature of – 12 °C or lower when it enters the customs territory of the Union.

(1)

Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1).

(2)

Council Decision 2008/474/EC of 16 June 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008, p. 10).

(3)

Council Decision 2010/36/EC of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (OJ L 28, 30.1.2010, p. 1).

(4)

Council and Commission Decision 2010/224/EU, Euratom of 29 March 2010 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (OJ L 108, 29.4.2010, p. 1).

(5)

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

(6)

Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (OJ L 71, 16.3.2016, p. 1).

(7)

Council Decision 2005/269/EC of 28 February 2005 on the conclusion of the Agreement establishing an association between the European Community and its Member States of the one part, and the Republic of Chile, of the other part (OJ L 84, 2.4.2005, p. 19).

(8)

Council Decision 2006/106/EC of 30 January 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (OJ L 47, 17.2.2006, p. 52).

(9)

Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

(10)

Council Decision (EU) 2017/1247 of 11 July 2017 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party (OJ L 181, 12.7.2017, p. 1).

(11)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).