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"B COMMISSION REGULATION (EEC) No 2182/77
of 30 September 1977
laying down detailed rules for the sale of frozen beef from intervention stocks for processing in the
Community and amending Regulation (EEC) No 1687/76
(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
"M4 Commission Regulation (EEC) No 52/82 of 11 January 1982 L 7 11 12.1.1982
"M5 Commission Regulation (EEC) No 2769/82 of 15 October 1982 L 292 7 16.10.1982
"M6 Commission Regulation (EEC) No 1560/84 of 5 June 1984 L 150 11 6.6.1984
"M7 Commission Regulation (EEC) No 632/85 of 12 March 1985 L 72 25 13.3.1985
"M8 Commission Regulation (EEC) No 3210/85 of 15 November 1985 L 303 13 16.11.1985
"M9 Commission Regulation (EEC) No 163/86 of 27 January 1986 L 21 9 28.1.1986
"M10 Commission Regulation (EEC) No 204/87 of 22 January 1987 L 22 14 24.1.1987
"M11 Commission Regulation (EEC) No 786/87 of 19 March 1987 L 78 29 20.3.1987
"M12 Commission regulation (EEC) No 1431/87 of 25 May 1987 L 136 26 26.5.19871977R2182 — EN — 27.05.1987 — 012.001 — 1
COMMISSION REGULATION (EEC) No 2182/77
of 30 September 1977
laying down detailed rules for the sale of frozen beef from
intervention stocks for processing in the Community and amending
Regulation (EEC) No 1687/76
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 Regulation (EEC) No 425/77 (2), and in particular Article 7
(3) thereof,
Whereas Council Regulation (EEC) No 98/69 of 16 January 1969 laying
down general rules for the disposal of frozen beef and veal by
intervention 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 import
arrangements for certain types of frozen beef intended for processing (5),
as amended by Regulation (EEC) No 1384/77 (6), specifies the products
into which such meat may be processed; whereas, to facilitate the control
of such processing, provision should be made for the products sold under
the present Regulation to be processed into those specified in Regulation
(EEC) No 597/77, or into products falling within 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 manufactured into
preserves, in order to improve the competitive position of such preserves
on the market; whereas it should be provided that meat disposed of under
this Regulation should be put on sale at prices differing according to end
use;
Whereas sales under this Regulation at prices fixed in advance should be
governed by the provisions of Commission Regulation (EEC) No 216/69
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 which these products are to
be put;
Whereas it should be laid down that, in addition to the security provided
for in Article 4 of Regulation (EEC) No 216/69, a security is to be
provided as guarantee of the use to which products sold under this
Regulation 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 intervention products;
whereas certain of these rules should be applied to sales effected under
this Regulation;!B
(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. 39.1977R2182 — EN — 27.05.1987 — 012.001 — 2
Whereas Article 4 (2) of Council Regulation (EEC) No 1134/68 of 30
July 1968 laying down rules for the implementation of Regulation (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 agricultural policy, the
sums owed by a Member State or a duly authorized body, expressed in
national currency and representing amounts fixed in units of account,
should be paid on the basis of the relationship between the unit of
account and the national currency which obtained at 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 on which
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 transaction 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 the contract of
sale is concluded;
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
1. Meat sold under this Regulation shall be used for the manufacture
within the Community, at the purchaser’ s choice, of either
(a) preserved food as defined in Article 2 (5) of Regulation (EEC) No
1136/79, or
(b) other products as defined in Article 2 (6) of that Regulation, or
products falling within Common Customs Tariff subheading 02.06
C I a) 2.
2. In the case of "M1 3meat processed into products
as specified in paragraph 1 (a), proof of processing shall not be accepted
unless the quantity of preserved food manufactured from such meat is at
least equivalent to the quantity purchased.
The coefficients used to determine the quantity of boned "M1
3meat contained in a certain quantity of preserved meat shall be
as set out in the Annex hereto.
If the quantity of meat required to manufacture a product of the type
indicated at I.4 of the Annex differs markedly from the quantity given by
application of the coefficient 0.30specified for this type the competent
authority may under the system of administrative supervision accept
individual proof of the quantity of frozen meat required to manufacture
the product, in cases where this is requested by the purchaser referred to
in paragraph 1.
3. For the purposes of this Regulation, 100 kilograms of unboned
meat shall be deemed to be the equivalent of 77 kilograms of boned
meat.
However, in the case of forequarters, 100 kilograms of unboned
forequarters shall be deemed to be the equivalent of 70 kilograms of
boned meat.!B
(1) OJ No L 188, 1. 8. 1968, p. 1.!M9
!B
!M4
!B1977R2182 — EN — 27.05.1987 — 012.001 — 3
!M1
4. For the purposes of this Regulation, the processing of hindquarters
may be undertaken after the removal of the following cuts: fillet and
sirloin. In that case, 100 kilograms of bone-in hindquarters, after removal
of the fillet and sirloin, shall be deemed to be the equivalent of 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
preserved foods as specified in subparagraph (a) of Article 1 (1) or for
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 manufacture of
products as specified in Article 1 (1) (a) or for the manufacture of
products as specified in Article 1 (1) (b), and must specify the Member
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 State
where the processing is to take place that within 30 days of the date of
conclusion of the contract he will specify the establishment or
establishments 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 immediately notify the
competent authority of the Member State where processing is to take
place of the lodging of an application or offer to purchase.
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
certified 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 competent
authority 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 in the 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 five months of the date of conclusion of the contract of
sale.!B
!M2
!B
!M3
!B
!M121977R2182 — EN — 27.05.1987 — 012.001 — 4
2. The proof provided for in Article 12 of Regulation (EEC) No
1687/76 must be provided within "M2seven months 3of the date of
conclusion of the contract of sale.
3. Release of the security provided for in Article 4 (1) shall be subject
to production of the proof referred to in paragraph 2, and to compliance
with the other conditions laid down in this Regulation.
4. The security provided for in Article 4 (1) shall be released
forthwith if the purchase application is refused, in proportion to the
quantities 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 removed from
store, in proportion to the quantities removed and not later than the day
preceding each removal.
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 "M82 tonnes 3.
Article 7
Where, by reason of force majeure , the purchaser is unable to comply
with the time limit set for taking delivery, the intervention agency shall
take such action as it considers necessary having regard to the
circumstances 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 exchange rate to be applied to the selling price and the security
referred to in Article 4 (1) shall be the representative rate in force on:
— the day on which the application is deemed valid for consideration
under Articles 3 and 4 of Regulation (EEC) No 2173/79, where the
selling price is fixed at a standard rate in advance,
— the day on which the period for the submission of tenders expires,
where the selling price is fixed by tender.
Article 8a
By way of derogation from the second indent of Article 15 (2) (a) and the
second indent of Article 15 (2) (b) of Regulation (EEC) No 2173/79, and
without prejudice to Article 16 thereof, the security referred to in Article
15 (1) of that Regulation shall be released at once:
— if the purchaser has not withdrawn his application or his tender, and
— when the purchaser has paid for the full amount of the product as
fixed in the contract.
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 the
heading ‘II products intended for another use or purpose than those listed
under I’:
‘17. Commission Regulation (EEC) No 2182/77 of 30 September 1977
laying down detailed rules for the sale of frozen beef from!B
!M6
!M7
!B1977R2182 — EN — 27.05.1987 — 012.001 — 5
intervention stocks for processing in the Community, and
amending 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.
Regelung (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.
Regeling (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). (Verordnung (EWG) Nr. 2182/77)’.
‘Viandes destinées à la transformation.
Régime (b). (Règlement (CEE) no 2182/77)’.
‘Carni destinate alle trasformazione.
Regime (b). (Regolamento (CEE) n. 2182/77)’.
‘Vlees bestemd voor verwerking.
Regeling (b). (Verordening (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.!B1977R2182 — EN — 27.05.1987 — 012.001 — 6
ANNEX
Coefficients used to determine the quantity of boned "M1 3meat contained in a certain quantity
of preserved meat
Products Coefficients
I. Preserved food, other than homogenized, containing the following percentages of
meat of bovine animals:
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 fat 1.10
3. 40 % or more but less than 60 % of meat, excluding offal and fat 0.90
4. 20 % or more but less than 40 % of meat, excluding offal and fat 0.30
II. The coefficient applicable in respect of homogenized preserved meat shall be
equal to the quantity, expressed in kilograms, of boned "M1
3meat used in the manufacture of one kilogram of preserved meat!B1977R2182 — EN — 27.05.1987 — 012.001 — 7