Keywords

Summary



Keywords

1. Agriculture - Common organisation of the markets - Beef and veal - Export refunds - Special refunds on certain cuts of boned meat - Conditions for granting - Need for each piece of meat to be individually wrapped regardless of its nature

(Commission Regulation No 1964/82, Art. 1)

2. Agriculture - Common organisation of the markets - Beef and veal - Export refunds - Special refunds on certain cuts of boned meat - Exclusion of trimmings whose weight is below a certain limit - Permissible

(Commission Regulation No 1964/82, Arts 7 and 8)

3. Agriculture - Common organisation of the markets - Beef and veal - Private storage aid - Storage aid in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals - Exclusion of trimmings left over from cutting or boning

(Commission Regulation No 2675/88, Art. 4(4))

4. Agriculture - Common organisation of the markets - Beef and veal - Export refunds - Special refunds on certain cuts of boned meat - Carton of meat containing items prohibited by the legislation - Loss of entitlement to a refund in respect of the entire carton and forfeiture of the related security - Discretion enjoyed by the competent authority

(Council Regulation No 565/80; Commission Regulations No 1964/82 and No 3665/87)

5. Agriculture - Common organisation of the markets - Beef and veal - Private storage aid - Storage aid in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals - Carton of meat containing items prohibited by the legislation - Loss of entitlement to aid in respect of the entire carton and forfeiture of the related security - Discretion enjoyed by the competent authority

(Commission Regulations No 1091/80, No 2220/85 and No 2675/88)

6. Agriculture - Common organisation of the markets - Beef and veal - Export refunds - Special refunds on certain cuts of boned meat - Private storage aid - Storage aid in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals - Checks on cartons of meat revealing a deliberate and persistent policy of infringement of the legislation - Extrapolation of the results of those checks across the production of the plants concerned - Permissible

(Council Regulation No 565/80; Commission Regulations No 1091/80, No 1964/82, No 2220/85, No 2675/88 and No 3665/87)

7. Agriculture - Common organisation of the markets - Beef and veal - Private storage aid - Storage aid in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals - Sampling checks revealing a deliberate and persistent policy of infringement of the legislation - Extrapolation of the results of those checks across a body of products - Loss of entitlement to aid in respect of that body of products and forfeiture of the related security - Discretion enjoyed by the competent authority

(Commission Regulations No 1091/80, Art. 5(2)(c), and No 2675/88, Art. 4(4))

Summary

1. On a proper construction of Article 1 of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals, as amended by Regulation No 3169/87, every piece of meat must be individually wrapped, whatever its size, weight and nature, and without distinguishing, in particular, between scraps and trimmings.

( see para. 43 and operative part 1 )

2. On a proper construction of Articles 7 and 8 of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals, as amended by Regulation No 3169/87, the Member States have the right to exclude from entitlement to special export refunds trimmings whose weight is below a certain limit, such as a limit of 100 grams.

( see para. 43 and operative part 2)

3. On a proper construction of Article 4(4) of Regulation No 2675/88 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals, as amended by Regulation No 3258/88, trimmings left over from cutting or boning, whatever their weight, do not qualify for private storage aid under contracts entered into pursuant to that regulation.

( see para. 53 and operative part 3 )

4. On a proper construction of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals, as amended by Regulation No 3169/87, of Regulation No 565/80 on the advance payment of export refunds in respect of agricultural products, as amended by Regulation No 2026/83, and of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Regulation No 3494/88 and Regulation No 3993/88, where the competent authority establishes that a carton of meat subject to the scheme covered by Regulation No 1964/82 contains items prohibited by the legislation, whether trimmings rolled up within other pieces of meat, separate pieces of fat rolled up within pieces of meat, or non-individually wrapped pieces of meat, those regulations permit it to hold that the entire contents of the carton do not qualify for special export refunds and to forfeit the security given for the advance payment made in respect of that carton plus 20%.

( see para. 64 and operative part 4 )

5. On a proper construction of Regulation No 2675/88 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals, as amended by Regulation No 3258/88, of Regulation No 1091/80 laying down detailed rules for granting private storage aid for beef and veal, and of Regulation No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products, as amended by Regulation No 1181/87, where the competent authority establishes that a carton of meat subject to the scheme covered by Regulation No 2675/88 contains items prohibited by Article 4(4) thereof, such as trimmings or pieces of fat rolled up within pieces of meat, those regulations permit it to hold that the entire contents of the carton do not qualify for private storage aid and to forfeit the security given for the advance payment made in respect of that carton plus 20%.

( see para. 75 and operative part 5 )

6. On a proper construction of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals, as amended by Regulation No 3169/87, of Regulation No 2675/88 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals, as amended by Regulation No 3258/88, of Regulation No 565/80 on the advance payment of export refunds in respect of agricultural products, as amended by Regulation No 2026/83, of Regulation No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products, as amended by Regulation No 1181/87, of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Regulation No 3494/88 and Regulation No 3993/88, and of Regulation No 1091/80 laying down detailed rules for granting private storage aid for beef and veal, where checks relating to cartons of meat reveal evidence in particular production plants of a deliberate and persistent policy of infringement of Regulations No 1964/82 and No 2675/88, the competent authority may extrapolate the results of those checks across the production of the production plants in question.

( see para. 88 and operative part 6 )

7. Where the sampling checks have revealed evidence of a deliberate and persistent policy of storing material which does not qualify for the private storage aid scheme by virtue of Article 4(4) of Regulation No 2675/88, the competent authority is permitted to refuse to grant private storage aid and to forfeit the security in its entirety, pursuant to Article 5(2)(c) of Regulation No 1091/80, in respect of the whole of the material to which it has extrapolated the results of the check.

( see para. 88 and operative part 7 )