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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)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 3169/87 of 23 October 1987 L 301 21 24.10.1987
Corrected by:
"C1 Corrigendum, OJ L 273, 23.9.1982, p. 43 (1964/82)1982R1964 — EN — 27.10.1987 — 001.001 — 1
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 Economic Community,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 Articles 18 (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 the sector,
the conditions governing the payment of special export refunds on these
products should be determined; whereas, in particular, conditions should belaid down for certain cuts of meat produced by boning hindquarters of male
cattle;
Whereas, in order to ensure that these objectives are complied with, a special
supervisory procedure should be introduced; whereas the origin of the productmay be authenticated by the production of a certificate on the model of theAnnex to Commission Regulation (EEC) No 32/82 of 7 January 1982 laying
down the conditions for granting special export refunds 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 hindquarters placed
under supervision being exported, apart from certain by-products which 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) No2730/79 of 29 November 1979 laying down common detailed rules for the
application of the system of export refunds on agricultural products (
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 the
provisions of Article 5 of Council Regulation (EEC) No 565/80 of 4 March
1980 on the advance payment of export refunds in respect of agriculturalproducts (
8),
Whereas application of the arrangements on victualling warehouses set out in
Article 26 of Regulation (EEC) No 2730/79 is incompatible with the purpose
of this Regulation; whereas there is no need therefore to make any provision
for applying the arrangements indicated in the said Article 26 to the productsin question;
Whereas, in view of the special nature of this refund, no substitution should be
permitted and means of identification of the products in question should be
provided for;
Whereas the method by which the Member States notify the Commission of
the quantities of products on which special export refunds have been grantedshould be laid down;
Whereas the Management Committee for Beef and Veal has not delivered an
opinion within the time limit set by its chairman,!B
(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. 5.1982R1964 — EN — 27.10.1987 — 001.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
"C1Individually wrapped 3 boneless cuts from fresh or chilled
hindquarters of adult male cattle shall, when the terms of this Regulation
are complied with, qualify for special export refunds.
For the purposes of this Regulation ‘hindquarters’ shall mean unseparated or
separated hindquarters, as defined in Additional Notes 1.A f) and g) to
Chapter 2 of the Common Customs Tariff, with a maximum of nine 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 hindquarters as
defined in Article 1 under the terms of this Regulation and to export the entirequantity of boned pieces obtained, each piece being
"C1individually
wrapped 3.
2. The declaration shall describe and state the quantity of the products 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 provisions of thefirst sentence of Article 2 (2) of that Regulation. However, Notes B and C and
box 11 of that certificate shall not apply. The provisions of Article 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 be boned shallbe placed under the supervision of those authorities, who shall establish the
net weight of the products and enter this in box 7 of the 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 specimen of which is
annexed hereto and on which the number of the certificate referred 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, dulycompleted, shall be sent by administrative channels to the agency responsiblefor payment of export refunds when ‘boned meat certificates’ corresponding
to the entire quantity of boned meat from the hindquarters taken under
supervision have been endorsed in accordance with paragraph 1.
3. The ‘boned meat certificates’ must be submitted when the customs
formalities referred to in Article 5 are completed.
4. Boning shall be carried out and the customs export formalities completed
in the Member State in which the animals were slaughtered.
Article 5
1. The customs procedures for export from the Community, for supplies
covered by the terms of Article 5 of Regulation (EEC) No 2730/79 or for
products brought under the procedure provided for in Article 5 of Regulation
(EEC) No 565/80 shall be completed in the Member State in which thedeclaration referred to in Article 2 was accepted.!B
!M1
!B1982R1964 — EN — 27.10.1987 — 001.001 — 3
2. The customs authorities shall enter in box 11 of the ‘boned meat
certificate’ the reference numbers and dates of the declarations referred to inArticle 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 reference numbers and dates of
the payment declarations referred to in Article 2 of 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 responsible for payment ofexport 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 abovementioned supervision.
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 of the supervision
by the competent authorities of the boning of the
"C1hindquarters, and in
particular: 3
— that, when the certificate referred to in Article 2 (2) is issued, appropriate
measures be taken to ensure that the hindquarters are indelibly marked toenable each piece produced by boning to be identified and that the netweight of the hindquarters be entered in box 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 simulta-
neously for all the boned meat within the period indicated in Article 3,
— that, when those customs formalities are completed, a single ‘boned meat
certificate’ covering the entire quantity of the meat produced by the
boning operation be submitted with the certificate referred to in 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 of refunds,
— that a single ‘boned meat certificate’ covering the entire quantity of meat
resulting from the boning operation be issued together with the certificatereferred to in Article 2 (2),
— that the two certificates be submitted simultaneously when the customs
export formalities are completed,
— 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 necessary measures to
make substitution of the products in question impossible, in particular byidentification of each piece of meat. No meat other than that covered by thisRegulation, with the exception of pigmeat, may be present in the boning room
when the meat in question is being boned, trimmed or packaged.!B
(1) OJ No L 87, 1. 4. 1980, p. 42.1982R1964 — EN — 27.10.1987 — 001.001 — 4
The bags, cartons or other packaging material in which the boned cuts are
placed shall be officially sealed by the competent authorities and bearparticulars enabling the boned meat to be identified, in particular the netweight, the type and
"C1the number of cuts and a serial number 3.
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 month either to payment of
the special refund or to advance payment thereof as referred to in Article 25 ofRegulation (EEC) No 2730/79 or in Article 5 of 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.!B1982R1964 — EN — 27.10.1987 — 001.001 — 5
ANNEX
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!B1982R1964 — EN — 27.10.1987 — 001.001 — 7