Commission Implementing Regulation (EU) 2020/1988Show full title

SECTION 5 U.K. BEEF AND VEAL

Article 17 U.K. Management of tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

1. The tariff quotas under order numbers 09.0144 and 09.0145 shall be managed as parent tariff quotas.

2. The parent tariff quota under order number 09.0144 shall be managed with two sub-tariff quotas under order numbers 09.0161 and 09.0162.

3. The parent tariff quota under order number 09.0145 shall be managed with two sub-tariff quotas under order numbers 09.0163 and 09.0164.

4. Sub-tariff quotas under order numbers 09.0161 and 09.0163 shall be used to apply for CN code 0202 20 30; sub-tariff quotas under order numbers 09.0162 and 09.0164 shall be used to apply for CN codes 0202 30 10, 0202 30 50, 0202 30 90 and 0206 29 91.

5. The benefit from the tariff quotas under order numbers 09.0144 and 09.0145 can be granted only by applying for the sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164.

Article 18 U.K. Definitions for tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

1. For the purposes of this Regulation, an ‘A-product’ within tariff quotas under order numbers 09.0144, 09.0161 and 09.0162 shall mean a processed product falling within CN code 1602 10 00, 1602 50 31 or 1602 50 95, not containing meat other than that of animals of the bovine species. The product shall have a collagen/protein ratio of no more than 0,45 and contain by weight at least 20 % of lean meat, excluding offal and fat with meat and jelly accounting for at least 85 % of the total net weight. For the purposes of this paragraph:

(a) the collagen content shall be considered to be the hydroxyproline content multiplied by the factor 8, whereas the hydroxyproline content shall be determined according to ISO method 3496-1994;

(b) the lean bovine meat content excluding fat shall be determined in accordance with the procedure laid down in the Annex to Commission Regulation (EEC) No 2429/86(1);

(c) offal shall include the following: heads and cuts thereof (including ears), feet, tails, hearts, udders, livers, kidneys, sweetbreads (thymus glands), pancreas, brains, lungs, throats, thick skirts, spleens, tongues, caul, spinal cords, edible skin, reproductive organs (i.e. uteri, ovaries and testes), thyroid glands, pituitary glands;

(d) the product shall be subjected to a heat treatment sufficient to ensure the coagulation of meat proteins in the whole of the product which may not show any traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part.

2. For the purposes of this Regulation, a ‘B-product’ within the tariff quotas under order numbers 09.0145, 09.0163 and 09.0164 shall mean a processed product containing beef, other than the products specified in point (a) of Part XV of Annex I to Regulation (EU) No 1308/2013 or the products referred to under paragraph 1 of this Article. A processed product falling within CN code 0210 20 90, which has been dried or smoked so that the colour and consistency of the fresh meat has totally disappeared and with a water/protein ratio not exceeding 3:2, shall also be a B-product.

Article 19 U.K. Specific provisions for tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164

1. The quantities shall be expressed in bone-in equivalence. For the purposes of this paragraph, 100 kilograms of bone-in beef shall equal 77 kilograms of boneless beef.

2. Within 3 months of the date of release for free circulation in the Union, the entire imported quantity shall be processed into the required finished product, in accordance with Article 18.

3. Products imported within tariff quotas under order numbers 09.0144 and 09.0145 and sub-tariff quotas under order numbers 09.0161, 09.0162, 09.0163 and 09.0164 shall be placed under the end-use procedure in accordance with Article 254 of Regulation (EU) No 952/2013.

4. In order to verify the quality of the finished product and establish its conformity with the processor’s formula for the composition of the product, competent authorities of Member States may take representative samples and analyse those products.

5. The competent authority shall receive a proof that the entire quantity of meat imported has been processed within 3 months of the date of release for free circulation into the required finished products, and in the establishment specified. Where processing took place after the three-month time limit, the released security shall be decreased by 15 % plus 2 % of the remaining amount for each day by which the time limit has been exceeded.

6. Proof of processing shall be furnished within 7 months of the date of release for free circulation. If proof of processing is established within the seven-month time limit and produced within 18 months following the time limit, the amount forfeited, less 15 % of the security amount, shall be repaid.

7. The amount of the security to be lodged by operators to ensure that the obligation laid down in paragraph 2 has been met is set out in Annex I.

Article 20 U.K. Tariff quotas under order numbers 09.0142, 09.0143 and 09.0146

1. For the purposes of this Regulation, for the tariff quotas under order numbers 09.0142 and 09.0143, ‘frozen thin skirt’ shall mean thin skirt which is frozen, with an internal temperature of – 12 °C or lower when it is released for free circulation in the Union.

2. Only whole thin skirt may be imported within the tariff quotas under order numbers 09.0142 and 09.0143.

3. Thin skirt imported within the tariff quota under order number 09.0143 can be released for free circulation only where accompanied by a certificate of authenticity issued by Argentina as set out in Part F of Annex II.

4. A certificate of authenticity can be used for an import declaration only.

5. Certificates of authenticity shall be completed in one of the official languages of the Union or of Argentina, and 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. 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.

7. The issuing authority referred to in paragraph 6 shall:

(a) be recognised as such by Argentina;

(b) undertake to check the particulars on certificates of authenticity;

(c) undertake to supply the Commission and the Member States, on request, with any information enabling the particulars on certificates of authenticity to be evaluated.

8. The name of the competent authority of Argentina for issuing certificates of authenticity shall be published in the C series of the Official Journal of the European Union.

9. Certificates of authenticity shall be valid for 3 months from their dates of issue and in any case not beyond the last day of the tariff quota period.

10. The rules of origin applicable to the products imported within the tariff quota under order number 09.0146 shall be those provided for in Article 4 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(2) concluded by Council and Commission Decision 2002/309/EC, Euratom(3).

Article 21 U.K. Tariff quota under order number 09.0113

1. The in-quota duty shall apply on condition that the animals are fattened for at least 120 days in the Member State into which they were imported, in production units which must be indicated by the importer in the month following the animals’ release for free circulation.

2. In accordance with Article 254 of Regulation (EU) No 952/2013, the animals imported shall be subject to the end-use procedure to ensure that the fattening requirement referred to in paragraph 1 of this Article is complied with.

3. The amount of the security to be lodged by operators to ensure that the fattening requirement referred to in paragraph 1 is complied with is set out in Annex I.

4. In addition to possible cases of force majeure, the security referred to in paragraph 3 shall be released if proof is furnished to the competent authority of the Member State that the young bovine animals:

(a) have been fattened on the farm or farms indicated in accordance with paragraph 1;

(b) have not been slaughtered before a period of 120 days from the date of import has elapsed; or

(c) have been slaughtered for health reasons or have died as a result of sickness or accident before the period referred to in point (b) has elapsed.

Article 22 U.K. Tariff quotas under order numbers 09.0114 and 09.0115

1. For the tariff quotas under order numbers 09.0114 and 09.0115, animals shall be ‘other than for slaughter’ where they are not slaughtered within 4 months of the date of acceptance of the declaration of release for free circulation. Derogations may be granted in duly proven cases of force majeure.

2. To qualify for the import tariff quota under order number 09.0115, the following documents must be presented:

(a) for bulls: a pedigree certificate;

(b) for cows and heifers: a pedigree certificate or a certificate of registration in a herdbook certifying the purity of the breed.

3. In accordance with Article 254 of Regulation (EU) No 952/2013, animals imported within the tariff quotas under order numbers 09.0114 and 09.0115 shall be subject to the end-use procedure to ensure that they are not slaughtered within 4 months of their release for free circulation.

4. The amount of the security to be lodged by operators to ensure that the non-slaughter requirement laid down in paragraph 3 is complied with is set out in Annex I.

5. The security provided for in paragraph 4 shall be released immediately where proof is presented to the customs authorities concerned that the animals:

(a) have not been slaughtered within 4 months following the date of their release for free circulation; or

(b) they have been slaughtered within that period for reasons of force majeure or for health reasons or have died of disease or as a result of an accident.

Article 23 U.K. Management of the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

1. The tariff quota under order number 09.2201 shall be managed as a parent tariff quota with four quarterly sub-tariff quotas under order numbers 09.2202 and 09.2203.

2. The benefit from the tariff quota under order number 09.2201 can be granted only by applying for the sub-tariff quotas under order numbers 09.2202 and 09.2203.

Article 24 U.K. Definitions and requirements for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

1. For the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203, the following definitions shall apply:

(a) ‘frozen meat’ means meat with an internal temperature of – 12 °C or lower when it is released for free circulation in the Union;

(b) ‘heifers and steers’ mean ‘bovine animals’, as defined in Part V of Annex II to Regulation (EU) No 1308/2013, which correspond, respectively, to categories E and C, as defined in Part A.II of Annex IV to that Regulation.

2. High-quality fresh, chilled or frozen beef shall be eligible for import within the tariff quotas under order numbers 09.2201, 09.2202 and 09.2203 if it fulfils the following requirements:

(a) beef cuts are obtained from carcasses of heifers and steers less than 30 months of age which have only been fed a diet, for at least the last 100 days before slaughter, containing not less than 62 % of concentrates and/or feed grain co-products on a dietary dry matter basis, that meets or exceeds a metabolisable energy content greater than 12,26 mega joules per one kilogram of dry matter;

(b) the heifers and steers that are fed the diet described in point (a) are fed, on average, no less than 1,4 % of live body weight per day on a dry matter basis;

(c) the carcass from which beef cuts are derived are evaluated by an evaluator employed by the national government who bases the evaluation, and a resulting classification of the carcass, on a method approved by the national government. The national government evaluation method, and its classifications, must evaluate expected carcass quality using a combination of carcass maturity and palatability traits of the beef cuts. Such an evaluation method of the carcass shall include, but not be limited to, an evaluation of the maturity characteristics of colour and texture of the longissimus dorsi muscle and bone and cartilage ossification, as well as an evaluation of expected palatability traits including a combination of the discrete specifications of intramuscular fat and firmness of the longissimus dorsi muscle;

(d) the cuts are labelled in accordance with Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council(4).

The indication ‘High Quality Beef’ may be added to the information on the label referred to in point (d).

Article 25 U.K. Certificates of authenticity for the tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

1. In order to benefit from the tariff quota under order number 09.2201, a certificate of authenticity issued in the third country concerned shall be presented to the customs authorities of the Union.

2. The certificate of authenticity shall be established in accordance with the model set out in Part G of Annex II.

3. On the reverse side of the certificate of authenticity it shall be stated that the meat originating in the exporting country fulfils the requirements laid down in Article 24.

4. A certificate of authenticity shall be valid only if it is duly completed and endorsed by the issuing authority.

5. A certificate of authenticity shall be considered to have been duly endorsed if it states the date and place of issue and if it bears the stamp of the issuing authority.

6. The stamp may be replaced by a printed seal on the original of the certificate of authenticity and any copies thereof.

7. The certificate of authenticity is valid 3 months from the date of its issue.

Article 26 U.K. Issuing authorities in third countries as regards imports within tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

1. The issuing authority referred to in Article 25 shall:

(a) be recognised as such by the competent authority of the exporting country;

(b) undertake to verify entries in the certificates of authenticity.

2. The following information shall be notified to the Commission:

(a) the name and address, if possible including email and internet address, of the authority or authorities recognised to issue the certificates of authenticity referred to in Article 25;

(b) specimen of the stamps used by the issuing authority or authorities;

(c) the procedures and criteria followed by the issuing authority or authorities in order to establish whether the requirements laid down in Article 24 are fulfilled.

Article 27 U.K. Publication of the names of the issuing authorities in third countries for tariff quota under order number 09.2201 and sub-tariff quotas under order numbers 09.2202 and 09.2203

When the requirements laid down in Article 26 are fulfilled, the Commission shall make public the name of the issuing authority or authorities concerned in the C series of the Official Journal of the European Union.

(1)

Commission Regulation (EEC) No 2429/86 of 31 July 1986 on the procedure for determining the meat content of meat preparations and preserves falling within subheading ex 16.02 B III b) 1) of the nomenclature contained in the Annex to Regulation (EEC) No 2184/86 (OJ L 210, 1.8.1986, p. 39).

(2)

OJ L 114, 30.4.2002, p. 132.

(3)

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).

(4)

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 (OJ L 204, 11.8.2000, p. 1).