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Document 02006R1741-20110301
Commission Regulation (EC) No 1741/2006 of 24 November 2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export
Consolidated text: Commission Regulation (EC) No 1741/2006 of 24 November 2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export
Commission Regulation (EC) No 1741/2006 of 24 November 2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export
No longer in force
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02006R1741 — EN — 01.03.2011 — 002.001
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COMMISSION REGULATION (EC) No 1741/2006 of 24 November 2006 (OJ L 329 25.11.2006, p. 7) |
Amended by:
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Official Journal |
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No |
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L 215 |
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20.8.2009 |
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L 49 |
16 |
24.2.2011 |
COMMISSION REGULATION (EC) No 1741/2006
of 24 November 2006
laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export
Article 1
Scope
Without prejudice to Regulation (EC) No 800/1999 and Regulation (EEC) No 1964/82, payment of the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to their exportation shall be subject to the conditions laid down in this Regulation.
Article 2
Definitions
For the purposes of this Regulation:
‘boned meat of adult male bovine animals’ means products falling within codes 0201 30 00 9100 and 0201 30 00 9120 of the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 ( 7 );
‘customs warehousing procedure’ means the procedure as defined in Article 98(2) of Council Regulation (EEC) No 2913/92 ( 8 );
‘operator’ means the exporter as defined in Article 2(1)(i) of Regulation (EC) No 800/1999;
‘boning operation’ means the meat boned on a single day or part of a day;
‘boned meat certificate’ means the certificate referred to in Article 4(1) of Regulation (EEC) No 1964/82.
Article 3
Admission to the customs warehousing procedure
Where all or part of the goods are stored by a third party acting on behalf of the operator, the database may be maintained by that third party on the responsibility of the operator, who shall remain answerable for its accuracy.
The customs authority shall make prior checks to ensure that the database, to which it must have direct access without any need for prior notification, has been set up and is operational. The authorisation referred to in paragraph 1 shall lay down the procedure for accessing the database.
Article 4
Entry into storage
The declaration shall include a description of the products in accordance with the export refund nomenclature code for meat to be placed under that regime, their net weight and all data required for the precise identification of the meat and the locations in which it is to be stored until it is exported.
It shall be accompanied by the boned meat certificate(s) and copy No 1 of the export licence currently valid which, by way of derogation from 24(1) and (2) of Regulation (EC) No 1291/2000, shall be presented to the customs authority together with that declaration of entry into storage.
The information referred to in the first subparagraph shall be entered in such a way that a clear link can be established between the different meats entered into storage and the corresponding certificates.
The date of acceptance of the declaration of entry into storage, the weight of the meat and the number of the declaration of entry into storage shall be immediately entered in boxes 10 and 11 of the boned meat certificate.
Article 3 of Council Regulation (EEC) No 386/90 ( 9 ) and Article 2(2), Articles 3, 4, 5 and 6, Article 8(1) and (2), the first subparagraph of Article 11 and Annex I to Commission Regulation (EC) No 2090/2002 ( 10 ) shall apply mutatis mutandis.
By derogation from the first subparagraph, the physical check may cover a smaller percentage of declarations of entry into storage accepted, but not less than 2 %, where the customs authority uses a risk analysis taking account of the criteria provided for in Commission Regulation (EC) No 3122/94 ( 11 ).
Article 5
Traceability of the meat
The database must:
permit the meat covered by the arrangements to be traced administratively throughout the period of storage;
provide an up-to-date report in real time of the quantities of meat in storage, which must be available on the basis of each of the criteria referred to in the third subparagraph.
Traceability as referred to in the first subparagraph, point (a) above shall be based on a unique identification reference assigned to meat from one boning operation carried out before the products concerned are placed under the customs warehousing procedure.
The unique identification reference referred to in the second subparagraph shall comprise:
a unique number;
the date of production;
the number of the boned meat certificate;
the number of boxes per type of cut obtained and the net weight measured on entry into the customs warehousing procedure.
Article 6
Updating the database
The database shall be kept up to date and shall indicate the entry into and the removal from storage of products up to the day of presentation of:
the declaration of entry into storage referred to in Article 4(1);
the export declaration referred to in Article 5 of Regulation (EC) No 800/1999.
However, the customs authority may accept declarations as referred to in paragraph 1 before making the check referred to in the first subparagraph. In such cases, the operator must confirm to the authority that the relevant entry has been made in the database. The customs authority may thus postpone and group these checks but must carry them out at least once in each period of two calendar months.
Article 7
Duration of storage
The customs authority which accepted the declaration of entry into storage referred to in Article 4(1) or the body responsible for payment of the export refunds referred to in Article 9(3) shall immediately inform the body which issued the export licence thereof. In particular, it shall notify them of the quantity and type of the products in question, the number of the licence and the date of attribution concerned.
Article 8
Operations during storage
During the period of storage referred to in Article 7, boned meat of adult male bovine animals may undergo, in accordance with the conditions laid down by the customs authority, a change of labels, freezing or, where applicable, repackaging, provided that:
the individual packaging of each piece of meat is not impaired or altered;
the link to the original label is maintained and the traceability of the meat as referred to in Article 5 is not compromised.
Where the operations referred to in the first subparagraph take place, they shall be recorded in the database and a clear link shall be established with the declaration of entry into storage and the corresponding boned meat certificate(s).
Any weight loss occurring during storage in a customs warehouse shall not be taken into account if it is due exclusively to natural causes. Damage occurring to products shall not be considered to be weight loss due to natural causes.
Article 9
Export formalities
Article 10
Grant of the refund
When an operator has made use of the provisions of Article 24 of Regulation (EC) No 800/1999, prior to release of the corresponding security, the body responsible for paying the export refund shall ascertain in particular that the provisions of Article 6 of Regulation (EEC) No 1964/82 have been complied with.
When an operator fails to comply with one or more of the time limits laid down in Article 7(1) of this Regulation and in Articles 7(1) and 15(1) of Regulation (EC) No 800/1999, the applicable export refund shall be corrected, except in cases of force majeure, as follows:
the refund shall first be reduced by 15 %;
the resulting refund shall then also be reduced by:
2 % for each day after the expiry of the time limits referred to in Article 7(1) of this Regulation and Article 15(1) of Regulation (EC) No 800/1999;
5 % for each day after the expiry of the time limit referred to in Article 7(1) of Regulation (EC) No 800/1999.
When the documents referred to in Article 49(2) of Regulation (EC) No 800/1999 are produced within six months after the expiry of the stipulated time limit, the refund, as established where applicable in accordance with the first subparagraph, shall be reduced by an amount equivalent to 15 % of the refund that would have been paid if all the time limits had been met.
Article 50(3), (4) and (6) of Regulation (EC) No 800/1999 shall apply mutatis mutandis.
Article 11
Checks on storage
Such checks shall cover a total of at least 5 % of the total quantities of products that, according to the database, are in storage on the day checks begin. These checks shall ensure that the meat located on the storage premises is entered in the database and that, conversely, the meat entered in the database can be identified on the storage premises.
A report shall be drawn up for each check.
The customs authority shall inform the body responsible for paying the export refund of:
all authorisations granted, suspended or withdrawn;
all checks carried out.
Where there is presumed to be a risk of an irregularity, the bodies responsible for paying the refund may request the customs authority to carry out a check.
Article 12
Penalties
Where the customs authority finds a discrepancy between the physical stock and the stock recorded in the database, the authorisation referred to in Article 3(1) shall be suspended for a period to be determined by the Member States, which may not be less than three months from the date on which the problem is detected. During the period of suspension, the operator is not authorised to place boned meat of adult male bovine animals in a customs warehouse under this Regulation.
Authorisation shall not be suspended where the discrepancy between the physical stock and the stock registered in the database is the result of force majeure.
Authorisation shall also not be suspended where the quantities missing or not entered in the database do not exceed 1 % of the total weight of products selected for the check and are due to omissions or simple administrative errors, provided that corrective measures are taken to ensure that similar errors do not recur.
If they recur, the customs authorities may then withdraw authorisation definitively.
Article 13
Notification to the Commission
Member States shall notify the Commission of the information referred to in the first subparagraph no later than the second month following the month in which the declaration of entry into storage is accepted.
Article 14
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).
( 2 ) OJ L 212, 21.7.1982, p. 48. Regulation as last amended by Regulation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).
( 3 ) OJ L 62, 7.3.1980, p. 5. Regulation as repealed by Regulation (EC) No 1713/2006.
( 4 ) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1713/2006.
( 5 ) OJ L 69, 13.3.2003, p. 18. Regulation as repealed by Regulation (EC) No 1713/2006.
( 6 ) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1713/2006.
( 7 ) OJ L 366, 24.12.1987, p. 1.
( 8 ) OJ L 302, 19.10.1992, p. 1.
( 9 ) OJ L 42, 16.2.1990, p. 6.
( 10 ) OJ L 322, 27.11.2002, p. 4.
( 11 ) OJ L 330, 21.12.1994, p. 31.
( 12 ) OJ L 228, 1.9.2009, p. 3.