1982R1964 — EN — 02.08.1982 — 000.001 — 1
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►B COMMISSION REGULATION (EEC) No 1964/82
of 20 July 1982
laying down the conditions for granting special export refunds on certain cuts of boned meat of
bovine animals
(OJ L 212, 21.7.1982, p. 48)
Corrected by:
►C1 Corrigendum, OJ L 273, 23.9.1982, p. 43 (1964/82)
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COMMISSION REGULATION (EEC) No 1964/82
of 20 July 1982
laying down the conditions for granting special export refunds on
certain cuts of boned meat of bovine animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968
on the common organization of the market in beef and veal (
1), as last
amended by the Act of Accession of Greece, and in particular Articles18 (6) and 25 thereof,
Whereas Council Regulation (EEC) No 885/68 (
2), as last amended by
Regulation (EEC) No 427/77 (3), laid down general rules for granting
export refunds and criteria for fixing the amount thereof;
Whereas, on account of the market situation, the economic situation in
the beef and veal sector and the scope for selling certain products of thesector, the conditions governing the payment of special export refundson these products should be determined; whereas, in particular, condi-tions should be laid down for certain cuts of meat produced by boninghindquarters of male cattle;
Whereas, in order to ensure that these objectives are complied with, a
special supervisory procedure should be introduced; whereas the originof the product may be authenticated by the production of a certificate onthe model of the Annex to Commission Regulation (EEC) No 32/82 of7 January 1982 laying down the conditions for granting special exportrefunds for beef and veal (
4), as amended by Regulation (EEC) No
752/82 (5);
Whereas it should be specified that the grant of the special refund shall
be conditional on all the cut meat produced by boning the hindquartersplaced under supervision being exported, apart from certain by-productswhich can be sold in the Community;
Whereas, as far as time limits and proof of export are concerned,
reference should be made to the provisions of Commission Regulation(EEC) No 2730/79 of 29 November 1979 laying down common detailedrules for the application of the system of export refunds on agriculturalproducts (
6), as last amended by Regulation (EEC) No 202/82 (7);
Whereas, for the smooth operation of the arrangements instituted by this
Regulation, operators should be able, if they wish, to make use of theprovisions of Article 5 of Council Regulation (EEC) No 565/80 of 4March 1980 on the advance payment of export refunds in respect ofagricultural products (
8),
Whereas application of the arrangements on victualling warehouses set
out in Article 26 of Regulation (EEC) No 2730/79 is incompatible withthe purpose of this Regulation; whereas there is no need therefore tomake any provision for applying the arrangements indicated in the saidArticle 26 to the products in question;
Whereas, in view of the special nature of this refund, no substitution
should be permitted and means of identification of the products inquestion should be provided for;
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 156, 4. 7. 1968, p. 2.
(3) OJ No L 61, 5. 3. 1977, p. 16.
(4) OJ No L 4, 8. 1. 1982, p. 11.
(5) OJ No L 86, 1. 4. 1982, p. 50.
(6) OJ No L 317, 12. 12. 1979, p. 1.
(7) OJ No L 21, 29. 1. 1982, p. 23.
(8) OJ No L 62, 7. 3. 1980, p. 5.
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Whereas the method by which the Member States notify the Commis-
sion of the quantities of products on which special export refunds havebeen granted should be laid down;
Whereas the Management Committee for Beef and Veal has not deliv-
ered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
►C1Individually wrapped ◄boneless cuts from fresh or chilled
hindquarters of adult male cattle shall, when the terms of this Regula-tion are complied with, qualify for special export refunds.
For the purposes of this Regulation ‘hindquarters' shall mean unse-
parated or separated hindquarters, as defined in Additional Notes 1.A f)and g) to Chapter 2 of the Common Customs Tariff, with a maximum ofnine ribs or nine pairs of ribs.
Article 2
1. The operator shall submit to the competent authorities indicated by
the Member States a declaration stating his intention to bone hindquar-ters as defined in Article 1 under the terms of this Regulation and toexport the entire quantity of boned pieces obtained, each piece being►
C1individually wrapped ◄.
2. The declaration shall describe and state the quantity of the prod-
ucts to be boned.
It shall be accompanied by a certificate, a specimen of which is annexed
to Regulation (EEC) No 32/82, issued in accordance with the provisionsof the first sentence of Article 2 (2) of that Regulation. However, NotesB and C and box 11 of that certificate shall not apply. The provisions ofArticle 3 of that Regulation shall be applicable mutatis mutandis until
the products are placed under supervision as referred to in paragraph 3.
3. On the declaration’s being accepted by the competent authorities,
who shall insert thereon the date of acceptance, the hindquarters to beboned shall be placed under the supervision of those authorities, whoshall establish the net weight of the products and enter this in box 7 ofthe certificate referred to in paragraph 2.
Article 3
The period within which the hindquarters must be boned shall, except in
circumstances of force majeure, be 10 working days from the date of
acceptance of the declaration referred to in Article 2.
Article 4
1. After boning, the operator shall submit for endorsement to the
competent authority one or more ‘boned meat certificates', a specimenof which is annexed hereto and on which the number of the certificatereferred to in Article 2 (2) shall be entered in box 7.
2. The numbers of the ‘boned meat certificates' shall be entered in
box 9 of the certificate referred to in Article 2 (2). This latter certificate,duly completed, shall be sent by administrative channels to the agencyresponsible for payment of export refunds when ‘boned meat certifica-tes' corresponding to the entire quantity of boned meat from the hind-quarters taken under supervision have been endorsed in accordance withparagraph 1.
3. The ‘boned meat certificates' must be submitted when the customs
formalities referred to in Article 5 are completed.
Article 5
1. The customs procedures for export from the Community, for
supplies covered by the terms of Article 5 of Regulation (EEC) No2730/79 or for products brought under the procedure provided for in
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Article 5 of Regulation (EEC) No 565/80 shall be completed in the
Member State in which the declaration referred to in Article 2 wasaccepted.
2. The customs authorities shall enter in box 11 of the ‘boned meat
certificate' the reference numbers and dates of the declarations referredto in Article 3 (2) of Regulation (EEC) No 2730/79.
Should recourse be had to the provisions of Article 5 of Regulation
(EEC) No 565/80, the customs authorities shall enter the referencenumbers and dates of the payment declarations referred to in Article 2of Commission Regulation (EEC) No 798/80 (
1).
If necessary this information may be entered on the reverse side of the
certificate and certified by the customs authorities.
3. After completion of the customs formalities for the total quantity
of meat produced by boning mentioned on the ‘boned meat certificate',the latter shall be sent by administrative channels to the agency respon-sible for payment of export refunds.
Article 6
Without prejudice to the application of the provisions of Regulation
(EEC) No 2730/79, the grant of the special refund shall be conditional,except in circumstances of force majeure, on exportation of the total
quantity of meat produced by boning covered by the abovementionedsupervision.
The operator may, however, sell within the Community bones, large
tendons, cartilages, pieces of fat and other scraps left over from boning.
Article 7
1. By way of derogation from Articles 2 (3) and 4 (1), Member
States may make provision for appropriate control measures in place ofthe supervision by the competent authorities of the boning of the►
C1hindquarters, and in particular: ◄
— that, when the certificate referred to in Article 2 (2) is issued,
appropriate measures be taken to ensure that the hindquarters areindelibly marked to enable each piece produced by boning to beidentified and that the net weight of the hindquarters be entered inbox 7 of the certificate,
— that detailed rules for trimming and packaging be established,
together with a description of the different cuts to be obtained,
— that customs formalities referred to in Article 5 be completed simul-
taneously for all the boned meat within the period indicated inArticle 3,
— that, when those customs formalities are completed, a single ‘boned
meat certificate' covering the entire quantity of the meat producedby the boning operation be submitted with the certificate referred toin Article 2 (2),
— that the competent authorities make sample checks in the boning
rooms.
2. By way of derogation from Article 4 (2), Member States may
provide:
— that the certificate referred to in Article 2 (2) shall not be sent by
administrative channels to the agency responsible for payment ofrefunds,
— that a single ‘boned meat certificate' covering the entire quantity of
meat resulting from the boning operation be issued together with thecertificate referred to in Article 2 (2),
— that the two certificates be submitted simultaneously when the
customs export formalities are completed,
(1) OJ No L 87, 1. 4. 1980, p. 42.
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— that the two certificates be sent simultaneously under the conditions
laid down in Article 5 (3).
Article 8
The Member States shall determine the conditions for supervision and
shall inform the Commission accordingly. They shall take all necessarymeasures to make substitution of the products in question impossible, inparticular by identification of each piece of meat. No meat other thanthat covered by this Regulation, with the exception of pigmeat, may bepresent in the boning room when the meat in question is being boned,trimmed or packaged.
The bags, cartons or other packaging material in which the boned cuts
are placed shall be officially sealed by the competent authorities andbear particulars enabling the boned meat to be identified, in particularthe net weight, the type and ►
C1the number of cuts and a serial
number◄.
Article 9
The Member States shall communicate to the Commission by telex
before the 25th day of each month the quantities in respect of which‘boned meat certificates' have given rise during the previous montheither to payment of the special refund or to advance payment thereof asreferred to in Article 25 of Regulation (EEC) No 2730/79 or in Article 5of Regulation (EEC) No 565/80.
Article 10
This Regulation shall enter into force on 2 August 1982.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX

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