1977R2182 — EN — 13.04.1981 — 003.001 — 1
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►B COMMISSIONREGULATION(EEC)No2182/77
of30September1977
laying down detailed rules for the sale of frozen beef from intervention stocks for processing in
theCommunityandamendingRegulation(EEC)No1687/76
(OJ L 251, 1.10.1977, p. 60)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 554/78 of 17 March 1978 L 76 8 18.3.1978
►M2 Commission Regulation (EEC) No 1026/78 of 19 May 1978 L 132 52 20.5.1978
►M3 Commission Regulation (EEC) No 983/81 of 8 April 1981 L 99 30 10.4.1981
▼B
COMMISSIONREGULATION(EEC)No2182/77
of30September1977
laying down detailed rules for the sale of frozen beef from inter-
vention stocks for processing in the Community and amending
Regulation(EEC)No1687/76
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 Regulation (EEC) No 425/77 (2), and in particular
Article 7 (3) thereof,
Whereas Council Regulation (EEC) No 98/69 of 16 January 1969 lay-
ing down general rules for the disposal of frozen beef and veal byintervention agencies (
3), as amended by Regulation (EEC) No 429/
77 (4), provides that such meat may be sold for special use; whereas
detailed rules should be laid down for the disposal of such meat to
the Community processing industry;
Whereas Commission Regulation (EEC) No 597/77 of 18 March 1977
laying down detailed rules for the application of special importarrangements for certain types of frozen beef intended for proces-sing (
5), as amended by Regulation (EEC) No 1384/77 (6), specifies the
products into which such meat may be processed; whereas, to facili-
tate the control of such processing, provision should be made for theproducts sold under the present Regulation to be processed into thosespecified in Regulation (EEC) No 597/77, or into products fallingwithin Common Customs Tariff subheading 02.06 C I a) 2;
Whereas, furthermore, Regulation (EEC) No 597/77 makes provision
for more favourable arrangements for meat which is to be manufac-
tured into preserves, in order to improve the competitive position of
such preserves on the market; whereas it should be provided that meatdisposed of under this Regulation should be put on sale at prices dif-fering according to end use;
Whereas sales under this Regulation at prices fixed in advance should
be governed by the provisions of Commission Regulation (EEC) No216/69 of 4 February 1969 laying down detailed rules for the disposal
of frozen beef purchased by the intervention agencies (
7), subject to
certain special exceptions on account of the particular use to whichthese products are to be put;
Whereas it should be laid down that, in addition to the security pro-
vided for in Article 4 of Regulation (EEC) No 216/69, a security is tobe provided as guarantee of the use to which products sold under thisRegulation are put; whereas this security should be varied according
to the use to which the meat is to be put;
Whereas Commission Regulation (EEC) No 1687/76 of 30 June
1976 (
8), as last amended by Regulation (EEC) No 1723/77 (9), laid
down detailed rules for verification of use or destination of interven-tion products; whereas certain of these rules should be applied to saleseffected under this Regulation;
Whereas Article 4 (2) of Council Regulation (EEC) No 1134/68 of 30
July 1968 laying down rules for the implementation of Regulation1977R2182 — EN — 13.04.1981 — 003.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 61, 5. 3. 1977, p. 1.
(3) OJ No L 14, 21. 1. 1969, p. 2.
(4) OJ No L 61, 5. 3. 1977, p. 18.
(5) OJ No L 76, 24. 3. 1977, p. 1.
(6) OJ No L 157, 28. 6. 1977, p. 16.
(7) OJ No L 28, 5. 2. 1969, p. 10.
(8) OJ No L 190, 14. 7. 1976, p. 1.
(9) OJ No L 189, 29. 7. 1977, p. 39.
▼B
(EEC) No 653/68 on conditions for alterations to the value of the unit
of account used for the common agricultural policy (1) provides that,
in the case of transactions carried out pursuant to the common agricul-
tural policy, the sums owed by a Member State or a duly authorized
body, expressed in national currency and representing amounts fixedin units of account, should be paid on the basis of the relationshipbetween the unit of account and the national currency which obtainedat the time when the transaction or part transaction was carried out;
Whereas under Article 6 of the abovementioned Regulation the time
when a transaction is carried out is considered as being the date onwhich occurs the event, as defined by Community rules or, in the
absence of and pending adoption of such rules, by the rules of the
Member State concerned, in which the amount involved in the trans-action becomes due and payable;
Whereas the date of the event on which the security and the selling
price for the product become due and payable is that on which thecontract of sale is concluded;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Beef andVeal,
HAS ADOPTED THIS REGULATION:
Article 1
1. Meat sold under this Regulation shall be used for manufacture
within the Community of, at the purchaser's choice, either
(a) preserved food as defined in Article 1 (5) of Regulation (EEC) No
597/77, or
(b) other products as defined in Article 1 (6) of the same Regulation,
or products falling within Common Customs Tariff subheading02.06 C I a) 2.
2. In the case of ►
M1 ◄meat processed into pro-
ducts as specified in paragraph 1 (a), proof of processing shall not beaccepted unless the quantity of preserved food manufactured fromsuch meat is at least equivalent to the quantity purchased.
The coefficients used to determine the quantity of boned
►
M1 ◄meat contained in a certain quantity of pre-
served meat shall be as set out in the Annex hereto.
3. For the purposes of this Regulation, 100 kilograms of unboned
meat shall be deemed to be the equivalent of 77 kilograms of bonedmeat.
However, in the case of forequarters, 100 kilograms of unboned fore-
quarters shall be deemed to be the equivalent of 70 kilograms ofboned meat.
4. For the purposes of this Regulation, the processing of hindquar-
ters may be undertaken after the removal of the following cuts: fillet
and sirloin. In that case, 100 kilograms of bone-in hindquarters, afterremoval of the fillet and sirloin, shall be deemed to be the equivalentof 66 kilograms of boned meat.
Article 2
Different sale prices may be fixed for meat sold under this Regulation
depending on whether the meat is intended for the manufacture of pre-served foods as specified in subparagraph (a) of Article 1 (1) or for1977R2182 — EN — 13.04.1981 — 003.001 — 3
(1) OJ No L 188, 1. 8. 1968, p. 1.▼M1
▼B
▼B
the manufacture of other products as specified in subparagraph (b)
thereof.
Article 3
1. Purchase applications or offers must include a written declaration
by the purchaser that the meat is intended either for the manufactureof products as specified in Article 1 (1) (a) or for the manufacture ofproducts as specified in Article 1 (1) (b), and must specify the Mem-ber State or States where manufacture is to take place.
2. Before the contract of sale is concluded, the purchaser must give
a written undertaking to the competent authority of the Member Statewhere the processing is to take place that within 30 days of the dateof conclusion of the contract he will specify the establishment orestablishments where the purchased meat is to be processed.
3. Where Article 13 (3) of Regulation (EEC) No 1687/76 is
applied, the intervention agency holding the products shall immedi-
ately notify the competent authority of the Member State where pro-
cessing is to take place of the lodging of an application or offer topurchase.
4. On conclusion of the contract of sale the intervention agency
holding the products shall immediately forward to the competent
authority of the Member State where processing is to take place a cer-
tified copy of the contract of sale.
Article 4
1. A security to guarantee that the products will be processed shall
be provided by the purchaser referred to in Article 3 to the competentauthority of the Member State where processing will take place,
before conclusion of the contract and not more than two weeks after
submission of the tender or offer to purchase. It shall be provided inthe national currency of that Member State.
The amount of security may be varied according to the product put on
sale and its end-use.
2. Where Article 13 (3) of Regulation (EEC) No 1687/76 is
applied, contracts of sale may not be concluded until the intervention
agency holding the products has received the certificate referred to in
that paragraph.
Article 5
1. The processing of meat purchased under this Regulation must be
carried out within four months of the date of conclusion of the con-
tract of sale.
2. The proof provided for in Article 12 of Regulation (EEC) No
1687/76 must be provided within ►
M2seven months ◄of the date
of conclusion of the contract of sale.
3. Release of the security provided for in Article 4 (1) shall be sub-
ject to production of the proof referred to in paragraph 2, and to com-
pliance with the other conditions laid down in this Regulation.
4. The security provided for in Article 4 (1) shall be released forth-
with if the purchase application is refused, in proportion to the quanti-ties for which no contract of sale has been concluded.
Article 6
1. By way of derogation from Article 5 (1) of Regulation (EEC)
No 216/69, the price shall be paid as and when the goods are removedfrom store, in proportion to the quantities removed and not later thanthe day preceding each removal.1977R2182 — EN — 13.04.1981 — 003.001 — 4
▼M2
▼B
▼M3
▼B
▼B
2. The price shall be paid in the national currency of the Member
State in which the intervention agency holding the products is located.
3. By way of derogation from Article 2 (2) of Regulation (EEC)
No 216/69, the minimum sale quantity shall be 10 tonnes.
Article 7
Where, by reason of force majeure , the purchaser is unable to comply
with the time limit set for taking delivery, the intervention agencyshall take such action as it considers necessary having regard to thecircumstances invoked.
The intervention agency shall notify the Commission of each case of
force majeure and of the measures taken in respect thereof.
Article 8
The date of the event within the meaning of Article 6 of Regulation
(EEC) 1134/68, in which the security referred to in Article 4 (1) andthe selling price become due and payable, shall be regarded as that onwhich the contract of sale is concluded.
Article 9
Paragraph 17 below and the relevant footnote (
8) shall be inserted after
paragraph 16 in the Annex to Regulation (EEC) No 1687/76 under theheading ‘II products intended for another use or purpose than thoselisted under I’:
‘17. Commission Regulation (EEC) No 2182/77 of 30 September
1977 laying down detailed rules for the sale of frozen beef fromintervention stocks for processing in the Community, and amend-ing Regulation (EEC) No 1687/76 8.
(a) Meat intended for the manufacture of preserved food:
— Section 104:
“Meat intended for the manufacture of preserved food.-
System (a). (Regulation (EEC) No 2182/77)”.
“Kød bestemt til fremstilling af konserves.Ordning (a).
(Forordning (EØF) nr. 2182/77)”.
“Fleisch zur Herstellung von Konserven bestimmt. Rege-
lung (a). (Verordnung (EWG) Nr. 2182/77)”.
“Viandes destinées à la fabrication de conserves.Régime
(a). (Règlement (CEE) no 2182/77)”.
“Carni destinate alle fabbricazione di conserve.Regime
(a). (Regolamento (CEE) n. 2182/77)”.
“Vlees bestemd voor de vervaardiging van conserve.Re-
geling (a). (Verordening (EEG) nr. 2182/77)”.
— Section 106:
Date of conclusion of the contract of sale.
(b) Meat intended for the manufacture of other products:
— Section 104:
“Meat intended for processing.System (b). (Regulation
(EEC) No 2182/77)”.
“Kød bestemt til forarbejdning.Ordning (b). (Forordning
(EØF) nr. 2182/77)”.
“Zur Verarbeitung bestimmtes Fleisch.Regelung (b). (Ver-
ordnung (EWG) Nr. 2182/77)”.
“Viandes destinées à la transformation.Régime (b).
(Règlement (CEE) no 2182/77)”.
“Carni destinate alle trasformazione.Regime (b). (Regola-
mento (CEE) n. 2182/77)”.1977R2182 — EN — 13.04.1981 — 003.001 — 5
▼B
“Vlees bestemd voor verwerking.Regeling (b). (Verorden-
ing (EEG) nr. 2182/77)”.
— Section 106:
Date of conclusion of the contract of sale.
8 OJ No L 251, 1. 10. 1977, p. 60.’
Article 10
This Regulation shall enter into force on 10 October 1977.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1977R2182 — EN — 13.04.1981 — 003.001 — 6
▼B
ANNEX
Coefficients used to determine the quantity of boned
►M1 ◄meat contained in a certain quantity of preserved
meat
Products Coefficients
I. Preserved food, other than homogenized, containing
the following percentages of meat of bovine ani-
mals:
1. 80 % or more of meat, excluding offal and fat 1·50
2. 60 % or more but less than 80 % of meat,
excluding offal and fat1·10
3. 40 % or more but less than 60 % of meat,
excluding offal and fat0·90
4. 20 % or more but less than 40 % of meat,
excluding offal and fat0·30
II. The coefficient applicable in respect of homoge-
nized preserved meat shall be equal to the quantity,
expressed in kilograms, of boned
►M1 ◄meat used in the manufac-
ture of one kilogram of preserved meat1977R2182 — EN — 13.04.1981 — 003.001 — 7