COMMISSION REGULATION (EEC) No 3661/92 of 18 December 1992 amending measures in respect of the application of the common organization of the market in beef and veal as a result of the amendment of certain CN codes in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products (1), as amended by Regulation (EEC) No 3209/89 (2), and in particular Article 2 (2) thereof,
Whereas Commission Regulation (EEC) No 2505/92 (3), amending Annexes I and II to Council Regulation (EEC) No 2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs Tariff (4) has made certain amendments to the nomenclature for the market in beef and veal, whereas as a result it is necessary to adjust Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (5), as last amended by Regulation (EEC) No 2066/92 (6) and a number of measures affecting the sector;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 805/68 is hereby amended as follows:
1. Article 1 is amended as follows:
(a) Paragraph 1 (a):
- CN codes 01 02 90 10 to 01 02 90 37 are replaced by CN codes '0102 90 05 to 0102 90 79'
(b) Paragraph 1 (b):
- CN code 0102 10 00 is replaced by CN codes '0102 10'.
- CN code 1602 15 90 is replaced by CN codes '1602 50 31 to 1602 50 80'.
(c) Paragraph 2 (a) is replaced by the following:
'(a) "bovine animals" means:
live animals of the domestic bovine species other than pure-bred breeding animals falling within subheadings 0102 90 05 to 0102 90 79 of the combined nomenclature;'
2. The first subparagraph of Article 6 (1) is replaced by the following:
'Where the conditions laid down in paragraph 2 are met, buying-in by intervention agencies in one or more Member States or in a region of a Member State of one or more categories, qualities or quality groups, to be determined, of fresh or chilled meat falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 originating in the Community may be organized under tender procedures arranged with a view to ensuring reasonable support of the market, having regard to seasonal developments as regards slaughterings.'
3. The second subparagraph of Article 10 (2) is replaced by the following:
'The free-at-frontier offer price shall be established by reference to the most representative purchasing possibilities, as regards quality and quantity, recorded over a period to be fixed preceding the determining of the basic levy, for bovine animals and for fresh and chilled meat of the types set out in subheadings 0201 10 00 and 0201 20 20 to 0201 20 50 of Section (a) of the Annex, taking into account inter alia:
(a) the supply and demand situation;
(b) the world market prices for frozen meat of a category which is competitive with fresh or chilled meat;
(c) past experience.'
4. The Annex is replaced by Annex I to this Regulation.
Article 2
Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the application of levies on beef and veal and amending Council Regulation (EEC) No 950/68 of the Common Customs Tariff (7), as last amended by Regulation (EEC) No 3988/87 (8) is hereby amended as follows:
1. Article 9 (1) is replaced by the following:
'1. For the purposes of the levies,
(a) "Carcases of bovine animals", for the purposes of CN codes 0201 11 00 and 0202 10 00 means whole carcases of the slaughtered animals after having been bled, eviscerated and skinned, imported with or without the other offals attached. Where carcases are imported without the heads, the latter must have been separated from the carcase at the atloido-occipital joint. When imported without the feet, the latter must have been cut off at the carpo-metacarpal or tarso-metacarsal joints; carcase includes the front part of the carcase comprising all the bones and the scrag, neck and shoulder having more than 10 pairs of ribs;
(b) "Half-carcases of bovine animals", for the purposes of CN codes 0201 11 00 and 0202 10 00 means the product resulting from the symmetrical division of the whole carcase through the centre of each cervical, dorsal, lumbar and sacral vertebra and through the centre of the sternum and of the ischiopubic symphysis; "half-carcase" includes the front part of the half-carcase comprising all the bones and the scrag, neck and shoulder having more than 10 ribs.
(c) "Compensated quarters", for the purposes of CN codes 0201 20 20 and 0202 20 10 are composed of either:
- forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the 10th rib; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the third rib, or
- forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the fifth rib with the whole of the flank and breast attached; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the eighth rib.
The forequarters and the hindquarters constituting "compensated quarters" must be imported at the same time and in equal numbers and the total weight of the forequarters must be the same as that of the hindquarters; however, a difference between the weights of the two parts of the consignment is allowed provided that this does not exceed 5 % of the weight of the heavier part (forequarters or hindquarters);
(d) "Unseparated forequarters", for the purposes of CN codes 0201 20 30 and 0202 20 30 means the front part of the carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four pairs of ribs and a maximum of 10 pairs of ribs (the first four pairs of ribs shall be whole, the others may be cut) with or without the thin flank;
(e) "Separated forequarters" for the purposes of CN codes 0201 20 30 and 0202 20 30 means the front part of the half-carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four ribs and a maximum of 10 ribs (the first four ribs shall be whole, the others may be cut) with or without the thin flank;
(f) "Unseparated hindquarters", for the purpose of CN code 0202 20 50 and 0202 20 50, means the rear part of the carcase comprising all the bones and the thigh and sirloin, including the fillet, with a minimum of three pairs of whole or cut ribs with or without the thin flank;
(g) "Separated hindquarters", for the purpose of CN codes 0201 20 50 and 0202 20 50 means the rear part of the half-carcase comprising all the bones and the thigh and sirloin including the fillet, with a minimum of three whole or cut ribs with or without the shank and with or without the thin flank;
(h) "Crop" and "chuck and blade" cuts, for the purposes of CN code 0202 30 50 means the dorsal part of the forequarter, including the upper part of the shoulder, obtained from a forequarter with a minimum of four ribs and a maximum of 10 ribs by a cut along a straight line through the point where the first rib joins the first sternal segment to the point of reflection of the diaphragm on the 10th rib;
(i) "Brisket" cut, for the purposes of CN code 0202 30 50 of the combined nomenclature means the lower part of the forequarter comprising the brisket navel end and the brisket point end;
(j) "Other prepared or preserved meat or meat offal containing bovine meat or offal, uncooked" for the purposes of CN codes 1602 50 10 and 1602 90 61, means products which have not been subject to any heat-treatment or which have been subjected to a heat treatment insufficient to ensure the coagulation of meat proteins in the whole of the product and which therefore show traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part.'
2. Annex I is replaced by Annex II to this Regulation.
Article 3
Article 2 (5) of Commission Regulation (EEC) No 1136/79 of 8 June 1979 laying down detailed rules for the application of special import arrangements for certain types of frozen beef intended for processing and repealing Regulation (EEC) No 572/78 (9) as last amended by Regulation (EEC) No 817/89 (10) is hereby replaced by the following:
'5. For the purposes of Article 14 (1) (a) of Regulation (EEC) No 805/68 "preserves" means products falling within CN codes 1602 50 31 to 1602 50 80 of the combined nomenclature, containing by weight 20 % or more of meat of bovine animals, excluding offal and fat, in which beef and jelly account for at least 85 % of the total net weight.
However, products which have been processed in a retail or catering establishment and offered for sale to the ultimate consumer shall not be considered "preserves".'
Article 4
Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (11), as last amended by Regulation (EEC) No 815/91 (12) is hereby amended as follows:
1. Article 2 is replaced by the following:
'Article 2
1. A licence shall be required for the import into the Community and export therefrom of any of the products referred to in Article 1 (1) (a) of Regulation (EEC) No 805/68 and of any products falling within CN codes 1602 50 31 to 1602 50 80 and 1602 90 69.
2. A licence shall be required for the export from the Community of products falling within CN code 0102 10.'
2. Article 4 (c) is replaced by the following:
'(c) other import licences;
(i) for 30 days for products falling wihtin CN codes 0102 90 05 to 0102 90 29 from the day on which they were actually issued;
(ii) for 90 days for other products from their day of issue within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88.'
3. Article 4a (1) is replaced by the following:
'1. For all products falling within CN codes 0102 90 05 to 0102 90 29 of the combined nomenclature, Section 7 of the licence application and of the licence itself shall be endorsed with the country of provenance. The licence shall carry with it an obligation to import from that country.'
4. Article 16 (1) (ii) is replaced by the following:
'(ii) for products falling within CN codes 0102 90 05 to 0102 90 29 and specifying the number of head and countries of provenance, a list of import licences applied for since the previous communication.'
5. In Annex I, Section I (3) is replaced by Annex III to this Regulation.
6. Annex I, Section II is replaced by Annex IV to this Regulation.
7. Annex III is replaced by Annex V to this Regulation.
8. Annex IV is replaced by Annex VI to this Regulation.
Article 5
Commission Regulation (EEC) No 2388/84 of 14 August 1984 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products (13) as last amended by Regulation (EEC) No 3988/87 (14) is hereby amended as follows:
1. Article 1 is replaced by the following:
'Article 1
Preserved products falling within CN codes 1602 50 31 and 1602 50 39 which meet the conditions laid down by this Regulation are exported to third countries shall be eligible for a special refund where they are manufactured under the arrangements provided for by Article 4 of Regulation (EEC) No 565/80.'
2. Article 3 is replaced by the following:
'Article 3
Where preserved products falling within CN codes 1602 50 31 and 1602 50 39 put up in accordance with Article 2, are reimported into the customs territory of the Community and not declared for free circulation under Council Regulation (EEC) No 754/76, the competent authority shall authorize entry into free circulation only if, in addition to the payment of the duties applicable on import, proof is provided that the amount of the refund granted on export has been recovered. Where the amount granted cannot be determined to the satisfaction of those authorities it shall be considered to be equal to the highest refund applicable on the date of acceptance of the declaration of free circulation for the goods in question.'
Article 6
Annex I to Commission Regulation (EEC) No 588/86 of 28 February 1986 on fixing the special levies on trade in beef and veal with respect to Portugal (15) is hereby replaced by Annex VII to this Regulation.
Article 7
Article 1 (1) of Council Decision 82/530/EEC of 19 July 1982 authorizing the United Kingdom to permit the Isle of Man authorities to apply a system of special import licences to sheepmeat and beef and veal (16), as amended by Decision 92/153/EEC (17), is hereby replaced by the following:
'1. In order to limit imports, the United Kingdom may authorize the Isle of Man Government to apply a system of special import licences to products of the sheepmeat and beef and veal sectors, falling within headings and subheadings 0102 10, 0102 90 05 to 0102 90 79, 0104, 0201, 0202, 0204, 0206 10 95 and 0206 29 91 of the combined nomenclature.'
Article 8
Section 6 of the Annex to Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (18), as last amended by Regulation (EEC) No 3297/92 (19) is replaced by Annex VIII to this Regulation.
Article 9
Commission Regulation (EEC) No 2342/92 of 7 August 1992 on imports of pure-bred breeding animals of the bovine species from third countries and the granting of export refunds thereon (20) and repealing Regulation (EEC) No 1544/79 is hereby amended as follows:
In Article 1 and 2 (1) CN code 0102 10 00 is replaced by CN code '0102 10'.
Article 10
1. Annexes I, II, and III to Commission Regulation (EEC) No 1912/92 of 10 July 1992 laying down detailed implementing rules for the specific measures for supplying the Canary Islands with products from the beef and veal sector (21), as amended by Regulation (EEC) No 2660/92 (22) are replaced by Annex IX to this Regulation.
2. Annexes I, II, and III to Commission Regulation (EEC) No 1913/92 of 10 July 1992 laying down detailed implementing rules for the specific measures for supplying the Azores and Madeira with products from the beef and veal sector (23), as amended by Regulation (EEC) No 2660/92 are replaced by Annex X to this Regulation.
3. Annexes I and II to Commission Regulation (EEC) No 2254/92 of 31 July 1992 laying down detailed implementing rules for the specific measures for supplying the Canary Islands with live bovine animals (24) are replaced by Annex XI to this Regulation.
4. Annexes I and II to Commission Regulation (EEC) No 2255/92 of 31 July 1992 laying down detailed implementing rules for the specific measures for supplying Madeira with live bovine animals (25) are replaced by Annex XII to this Regulation.
Article 11
Annexes I, II and III of Commission Regulation (EEC) No 2312/92 of 31 July 1992 laying down detailed rules for implementing the specific measures for supplying the French overseas departments with live animals (26) are replaced by Annex XIII to this Regulation.
Article 12
This Regulation shall enter into force on 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1992.