Commission Regulation (EC) No 2772/2000 of 18 December 2000 amending Regulation (EEC) No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals
Date: 2000-12-18
Institutions: European Commission
Subjects: beef, boned meat, export, export refund

19.12.2000

EN

Official Journal of the European Communities

L 321/35

COMMISSION REGULATION (EC) No 2772/2000

of 18 December 2000

amending Regulation (EEC) No 1964/82 laying down the conditions for granting special export
refunds on certain cuts of boned meat of bovine animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. The last sentence of Article 2(1) is deleted.

Having regard to the Treaty establishing the European
Community,

2. Article 5 is replaced by the following:

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 33(12) thereof,

‘Article 5

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EEC) No 1964/82 (2), as last
amended by Regulation (EC) No 1470/2000 (3),
lays
down the conditions for granting special export refunds
on certain cuts of boned meat of adult bovine animals.

The current rules require that all cuts produced by the
boning of hindquarters, with the exception of fillet, must
be exported. However, in line with the general trend on
the market, the option of not exporting fillet should be
extended to other cuts from hindquarters with a view to
achieving better prices within the Community, without
thereby jeopardising the goal of freeing the Community
market.

Since the rate of the special refund corresponds to the
average level of support for all cuts obtained from hind-
quarters, the decision not to export certain hindquarter
cuts means that the refund needs to be adjusted, the
amount of such adjustment being calculated by reference
to the value of the cuts most affected.

Some points in the text need clarifying and other tech-
nical details need updating, in particular to replace the
references to Commission Regulation (EEC) No 3665/87
of 27 November 1987 laying down common detailed
rules for the application of the system of export refunds
on agricultural products (4), as last amended by Regula-
tion (EC) No 604/98 (5), by references to Commission
Regulation (EC) No 800/1999 (6), as amended by Regu-
lation (EC) No 1557/2000 (7), which replaced it.

1.
Customs formalities for export from the Community
for supplies as referred to in Article 36 of Commission
Regulation (EC) No 800/1999 (*) or for products placed
under the procedure referred to in Article 5 of Regulation
(EEC) No 565/80 shall be completed in the Member State in
which the declaration as referred to in Article 2 is accepted.

In box 11 of the “boned meat certificate” the customs
2.
authorities shall enter the reference numbers and dates of
the declarations referred to in Article 5(4) of Regulation (EC)
No 800/1999.

Where the arrangement provided for in Article 5 of Regula-
tion (EEC) No 565/80 is utilised, the customs authorities
shall enter the reference numbers and dates of the payment
declarations provided for in Article 26(2) of Regulation (EC)
No 800/1999.

Where necessary, those particulars may be entered on the
reverse side of the certificates and certified by the customs
authorities.

3.
After customs formalities covering cuts for export are
completed, the “boned meat certificate” shall be sent by
administrative channels to the agency responsible for paying
the export refunds.

(*) OJ L 102, 17.4.1999, p. 11.’

3. Article 6 is replaced by the following:

(5)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Beef and Veal,

‘Article 6

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1964/82 is hereby amended as follows:

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 212, 21.7.1982, p. 48.
(3) OJ L 165, 6.7.2000, p. 16.
(4) OJ L 351, 14.12.1987, p. 1.
(5) OJ L 80, 18.3.1998, p. 19.
(6) OJ L 102, 17.4.1999, p. 11.
(7) OJ L 179, 18.7.2000, p. 6.

1.
Except in cases of force majeure, special refunds shall
be granted subject to the export of the total quantity of
cuts produced by boning performed under supervision in
accordance with Article 2(3) and that are shown in the
certificate(s) provided for in Article 4(1).

However, operators

to
shall be
the total quantity of cuts produced by boning

authorised not

2.
export
hindquarters.

the

If the quantity to be exported amounts to at least 95 %
of
cuts produced by boning
performed under supervision in accordance with Article
2(3), the special refund shall be payable.

total weight of

L 321/36

EN

Official Journal of the European Communities

19.12.2000

If the quantity to be exported amounts to less than 95 %,
but not
the total weight of cuts
produced by boning, the special refund payable shall be
reduced.

less than 85 %, of

The amount by which the rate is to be reduced shall be
decided when the rate of refund concerned is fixed or
altered. It shall be determined in particular in the light of
the value of the various cuts that are likely to remain on
the Community market.

Bones,

3.
other scraps left over
within the Community.

large tendons, cartilage, pieces of

fat and
from boning may be marketed

4.
Operators wishing to take advantage of one of the
options provided for in paragraph 2 must mention this
in their declarations as provided for in Article 2(1).

In addition, the certificate(s) provided for in Article 4(1)
must show:

— in box 4, the total net weight of the cuts produced
from boning and, where applicable, the endorsement:

“— Application of Article 6(2) of Regulation (EEC)

No 1964/82 — 95 % option,” or

“— Application of Article 6(2) of Regulation (EEC)

No 1964/82 — 85 % option,”

— in box 6, the net weight to be exported.

The Member States may limit the number of types of cut
to two per
which operators can decide not
boning operation.

to export

If

5.
shown in box 6 of
Article 4(1),
percentage reduction shall be:

the quantity exported is less than the weight
in
refund shall be reduced. The

the certificate(s) provided for

the special

— where the difference between the weight exported and
that shown in box 6 of the certificate(s) provided for
in Article 4(1) is found not to exceed 10 %, five times
the percentage difference in weight,

as

the

— in other cases, 80 % of the rate of refund on products
covered,
by CN code
case may
0201 30 00 9100 or 0201 30 00 9120, applicable on
the date shown in box 21 of the export licence on
the basis of which the formalities
referred to in
Article 5(1) or 26(1) of Regulation (EC) No 800/1999
have been completed.

be,

The penalty provided for in Article 51(1)(a) of Regulation
(EC) No 800/1999 shall not apply in cases covered by
this paragraph.’

4. The following Article is inserted:

‘Article 9

For certificates as provided for in Article 4(1), endorsed
by the competent authorities each quarter and covering
boned cuts produced from hindquarters,
the Member
States shall notify the following in the second month
following each quarter:

— the total net weight shown in certificates covered by

cases as provided for in Article 6(1),

— the total net weight shown in certificates covered by
cases as provided for in Article 6(2) — 95 % option,

— the total net weight shown in certificates covered by
cases as provided for in Article 6(2) — 85 % option.’

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

shall apply to operations covered by declarations as
that are presented from 15

It
provided for in Article 2(1)
January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 18 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission