CELEX: 31975R1090
Language: en
Date: 1975-04-23 00:00:00
Title: Regulation (EEC) No 1090/75 of the Commission of 23 April 1975 on the issue by way of protective measures of import licences for certain beef and veal products (EXIM)

26 . 4 . 75                                 Official Journal of the European Communities                           No L 108 / 1
                                                                    I
                                                  (Acts whose publication is obligatory)
                                  REGULATION (EEC) No 1090/75 OF THE COMMISSION
                                                            of 23 April 1975
                on the issue by way of protective measures of import licences for certain beef
                                                       and veal products (EXIM)
THE COMMISSION OF THE EUROPEAN                                          Whereas, although it is possible to resume issuing
COMMUNITIES,                                                            import licences, the critical situation on the Commu­
                                                                        nity market requires a close watch to be kept on
Having regard to the Treaty establishing the European                   import trends ;
Economic Community ;
                                                                        Whereas the normal rules governing the issue of
Having regard to Council Regulation (EEC) No                            import licences must therefore be adjusted ; whereas,
805/68 (') of 27 June 1968 on the common organiza­                      moreover, detailed rules for the issue of import
tion of the market in beef and veal, as last amended                    licences were laid down in Commission Regulation
by Regulation (EEC) No 1 855/74 (2), and in particular                  (EEC) No 1 93/75 (6) of 17 January 1975 and in
Article 21 (2) thereof ;                                                Commission Regulation (EEC) No 2637/70 (7) of 23
                                                                        December 1970, as last amended by Regulation (EEC)
Whereas Commission                     Regulation (EEC) No              No 558 /75 (8);
2668 /74 (3) of 21 October 1974 suspended the issue of
import licences and advance fixing certificates for beef
and veal, since beef and veal prices on representative                  Whereas certain products may be imported provided
 Community markets are considerably lower than the                      they do not increase the quantities available on the
 intervention price ; whereas the suspension of imports                 Community market ; whereas, therefore, import
was extended by Commission Regulation (EEC) No                          licences may be issued where an equivalent quantity
 610 /75 (4) of 7 March 1975 on protective measures for                 has first been exported from the Community ;
 certain beef and veal products falling within                          whereas, in order to stimulate exports, only exports
subheading 16.02 B III b) 1 of the Common Customs                       without refund should qualify for this purpose, the
Tariff, as amended by Regulation (EEC) No                               trader remaining free to apply for a refund in respect
 888 /75 (5) ;                                                          of any products and quantities for which he has failed
                                                                        to obtain an import licence ; whereas, in addition , the
                                                                        absence of refunds must be compensated for by
 Whereas the Commission is keeping a close watch on                     providing for the import levy to be limited to that
 the market situation for beef and veal ; whereas it has
                                                                        proposed by the trader in respect of the products to be
 accordingly been noted that, as a result of imports,                   imported under the licence concerned ;
 this market continues to be threatened by serious
 disturbances which are likely to jeopardize the objec­
 tives of Article 39 of the Treaty ;                                    Whereas the export of meat sold by the intervention
                                                                        agencies, carried out under special conditions in accor­
 Whereas, however, it is evident that the market in                     dance with Commission Regulation ( EEC) No
 beef and veal is tending to stabilize ; whereas, in these              2320/74 (9) of 10 September 1974 on the sale at prices
 circumstances, it is necessary to restructure the protec­              fixed at a standard rate in advance of beef and veal
 tive arrangements to allow a certain amount of trade                   held by the intervention agencies and intended for
 to redevelop, but without creating an imbalance on                     export, as last amended by Regulation ( EEC) No
 the Community market ;                                                  833/75 ( 10) or in accordance with Commission Regula­
 (')  OJ No   L 148 , 28 .   6 . 1968 , p. 24.                          (6) OJ No L 25, 31 . 1 . 1975, p. 10 .
 (2 ) OJ No   L 195, 18 .    7 . 1974, p. 14.                           (7) OJ No L 283, 29 . 12 . 1970, p . 15 .
 (3 ) OJ No   L 285, 22.     10 . 1974, p. 22.                          (8) OJ No L 59 , 5 . 3 . 1975, p. 16 .
 (4)  OJ No   L 63 , 8 . 3 .  1975, p. 37.                              (9) OJ No L 248 , 11.9 . 1974, p. 8 .
 (5 ) OJ No   L 85, 5. 4.     1975, p. 27.                              ( 10) OJ No L 79 , 28 . 3 . 1975, p. 46 .
 ---pagebreak---  No L 108 / 2                             Official Journal of the European Communities                             26 . 4 . 75
 tion (EEC) No 616/75 (•) of 10 March 1975 on the                                              Article 2
 sale at standard prices fixed in advance, for exporta­
 tion, of beef bought in under Regulation (EEC) No                    1 . Import licences for the products referred to in
 647/74 by the French intervention agency should be                  Article 1 (a) of Regulation (EEC) No 805/68 and the
 excluded ;                                                          import licences provided for in Article 1 of this Regu­
                                                                     lation shall be issued in accordance with the special
 Whereas the period of validity of import licences                   conditions laid down in this Regulation .
 must be fixed so as to take account both of the parti­
 cular sensitivity of the market and of the geographical             However, import licences for products falling within
 position of certain third countries ;                               subheading 01.02 A II shall be issued only in respect
                                                                     of animals for slaughter of a live weight exceeding 300
 Whereas the current position on the Community                       kg­
 market enables import restrictions on certain products
 falling within subheading 16.02 B III b) 1 of the                   In the case of these products section 1 2 of the
 Common Customs Tariff, which have a specific                        licences and applications for licences shall include
 market, to be abolished entirely ; whereas, on the                  one of the following endorsements :
 other hand, other products falling within this
 subheading may benefit from the import arrange­                     — valid for animals for slaughter, of a live weight
 ments provided for in this Regulation only if the                        exceeding 300 kg ;
 licensing arrangements provided for in Article 15 of                — valable pour les animaux de boucherie d un poids
 Regulation (EEC) No 805/68 apply to them ;                               vif supérieur à 300 kg ;
 Whereas detailed rules for the application of export                — gültig für Schlachtrinder mit einem Lebendge­
                                                                          wicht von über 300 kg ;
 refunds in respect of agricultural products were laid
 down in Commission Regulation (EEC) No 1 92/75 (2)                  — gyldig for dyr til slagtning med en levende vægt
 of 17 January 1975,                                                      på over 300 kg ;
                                                                     — valido per animali destinati alla macellazione di
                                                                          peso vivo superiore a 300 kg ;
 HAS ADOPTED THIS REGULATION :
                                                                     — geldig voor slachtrunderen met een levend
                                                                          gewicht van meer dan 300 kg ;
                            Article 1
                                                                     2. To be regarded as an animal for slaughter an
 The products referred to in Article 1 (c) of Regulation             animal must meet the requirements laid down in the
 (EEC) No 805/68 , with the exception of those speci­                Council Directive of 12 December 1 972 (3) on health
 fied in the second paragraph hereof, shall be subject               and veterinary inspection problems upon importation
                                                                     of bovine animals and swine and fresh meat from
 to the arrangements concerning import licences laid
down in Article 15 of that Regulation .                              third countries, as last amended by the Council Direc­
                                                                     tive of 15 July 1974 (4).
 No import licence shall be required in respect of the
 following products falling within subheading 16.02 B
                                                                                               Article 3
 III b) 1 :
(a) prepared or preserved beef and veal or beef and                  1 . Applications for import licences shall be accom­
      veal offal in hermetically sealed containers                   panied by a declaration indicating :
      weighing not more than 5 kg net ;
                                                                    (a) the relevant quantities expressed in kilogrammes
(b) cooked and frozen beef and veal in hermetically                       of beef or veal in carcase ;
      sealed containers weighing not more than 7 kg
      net .                                                         (b) the rate of the levy per 100 kg of beef or veal in
                                                                          carcase which the applicant undertakes to pay
 For the purposes of this Regulation the following                        upon importation ; the rate shall be expressed in
shall be regarded as cooked and frozen meat : meat                        the national currency of the Member State in
which, prior to freezing, has been subjected to suffi­                    which the application is made .
cient heat to prevent the growth of Clostridium botu­
 limim and which has, in addition , the following                   2. Applications shall be accepted only if they relate
characteristics :                                                   to a quantity of 10 metric tons or more expressed as
                                                                    bone-in meat, and are accompanied by proof that
— no trace of pinkish liquid on the surface of a cross              products as referred to in Annex I, other than those
      section of meat which, after being completely                 sold in accordance with Regulation (EEC) No 2320/74
      defrosted , is cut at its thickest point ;                    or with Regulation (EEC) No 616/75, have been
— a pH equal to or greater than 5-5 .                               exported without refund .
(') OJ No L 64, 11 . 3 . 1975, p. 11 .                              (3 ) OJ No L 302, 31 . 12 . 1972, p . 28 .
(2 ) OJ No L 25 , 31 . 1 . 1975 , p . 1 .                           (4 ) OJ No L 202, 24 . 7 . 1974 , p. 36 .
 ---pagebreak--- 26 . 4 . 75                         Official Journal of the European Communities                           No L 108 /3
Proof of such exportation without refund shall take            3.     The Commission shall determine the minimum
the form of a certificate issued at the request of the         rate of levy in units of account per 100 kg of beef or
exporter by the agency responsible for paying refunds         veal in carcase .
in the Member State in which customs export formali­
ties have been carried out.                                    4.     Licences shall be issued in respect of applica­
                                                               tions containing a rate of levy equal to or greater than
This certificate shall indicate in particular the quantity     the minimum rate fixed by the Commission .
and nature of the products which have left the geogra­
                                                               However, the Commission may decide :
phical territory of the Community in respect of which
no refund has been paid.                                       (a) not to issue any licences, or
The exporter shall furnish to the agency referred to           (b) to issue licences only in respect of a percentage of
above, in the manner prescribed in the case of export               the quantity applied for, this percentage being the
refunds, proof that the products have left the geo­                 same for all applications submitted .
graphical territory of the Community, together with
the customs documents for the export concerned .                                        Article 5
The certificate mentioned above may be issued only              1.    The products for which import licences shall be
 in respect of products for which customs export               issued shall be those mentioned in Annex II .
 formalities have been completed on or after the date
of entry into force of this Regulation . The customs           The quantities of these products and the rate of levy
 procedure applicable to the abovementioned exports            applicable thereto shall be determined in accordance
shall be that applicable to products eligible for export       with the provisions of Article 3 .
 refunds .
                                                               2.     The licence shall include :
 3 . The quantities for which import licences are              (a) in section 12, the endorsement 'EXIM',
 requested, expressed in kilogrammes of beef or veal in
 carcase, may not be greater than the quantities               (b) in section 20, one of the following endorsements :
 exported in accordance with paragraph 2.                           — rate of levy applicable (in national currency)
                                                                        per 100 kg ;
 4. Products whose         exportation must be proved               — taux du prélèvement applicable (en monnaie
 when applications for    import licences are submitted,                nationale) par 100 kg ;
 and the quantitative       equivalences between such
 products and beef or      veal in carcase are shown in             — gültiger Abschöpfungssatz (in nationaler
 Annex I.                                                               Währung) je 100 kg ;
                                                                    — gyldig afgiftssats (i national valuta) pr. 100 kg ;
 Products may be imported and the quantitative equi­                — tasso del prelievo applicabile (in moneta nazio­
 valences between such products and beef or veal in                      nale) per 100 kg ;
 carcase are shown in Annex II .
                                                                     — toe te passen heffing (in nationale valuta) per
                                                                         100 kg.
  5. The rate of the levy to be applied to imports
 shall be the figure given in the application multiplied        Where the -licence relates to the products referred to
 by the coefficient as specified in column 4 of Annex           in Article 1 , however, section 20 shall contain no
  II corresponding to the product for which the import          endorsement.
  licence is issued .
                                                                3.     Licences   shall be   issued  on   the   twentieth
                                                                working day following the first day of the period for
                          Article 4                             submission of applications.
  1 . Applications for import licences shall be                                         Article 6
  submitted to the competent agencies in the Member
  States in the course of the first 10 working days of           1 . Subject to the provisions of Article 18 of Regula­
  each montii , starting in June 1975 .                         tion (EEC) No 193 /75, the security shall be released
                                                                forthwith in respect of any quantity for which no
  2. Member States shall notify the Commission by               import licence has been issued .
  telex not later than the second working day following
  the final date for the submission of applications, of         2.     The refund applicable to products whose exporta­
  the total quantity for which applications have been           tion has been proved on submission of the application
  submitted under paragraph 1 and of the rate of levy           for the import licence may, at the request of the trader
  that applicants undertake to pay in the event of their        concerned and in accordance with the provisions of
  applications being accepted .                                 Regulation (EEC) No 192/75, be granted in respect a
 ---pagebreak--- No L 108 /4                        Official Journal of the European Communities                           26. 4. 75
quantity of products exported not exceeding a quan­                                     Article 8
tity equivalent to that for which that trader failed to
obtain an import licence.                                    Commission Regulation (EEC) No 1 790/74 (') of 9
                                                             July 1974 linking the importation of beef and veal to
                        Article 7                            the sale of meat held by the intervention agencies,
                                                             and Regulations (EEC) No 2668 /74 and (EEC) No
Import licences issued pursuant to this Regulation           610/75, are hereby repealed, but without prejudice to
shall be valid for :
                                                             the provisions of Commission Regulation (EEC) No
(a) 90 days in respect of frozen meat originating in         81 9/75 (2) of 25 March 1975 concerning the issue of
    and coming from non-European third countries ;           import licences for beef and veal on production of
                                                             contracts of sale concluded in accordance with Regula­
(b) 45 days in respect of products other than those
                                                             tion (EEC) No 1790/74.
    referred to in (a) originating in and coming from
    non-European third countries ;
(c) 15 days in respect of products originating in and                                   Article 9
    coming from European third countries,
with effect from their actual date of issue .                This Regulation shall enter into force on 1 May 1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 April 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
                                                             (') OJ No L 187, 1 l . 7. 1974, p . 21 .
                                                             (2 ) OJ No L 78 , 27. 3 . 1975, p . 93 .
 ---pagebreak--- 26. 4. 75                           Official Journal of the European Communities                                         No L 108/5
                                                             ANNEX 1
                                                      Products to be exported
               CCT                                                                                        Quantitative
            heading No                                      Description                                 equivalences (')
                                                                                                              ( kg)
            01.02        Live animals of the bovine species :
                         A. Domestic species :
                             II. Other :
                                 ex b) Other., live, of a weight of not less than 250 kg                        50
            02.01        Meat and edible offals of the animals falling within heading
                         No 01.01 > 01.02',, 01.03 or 01.04, fresh., chilled or frozen :
                         A. Meat :
                             II. Of bovine animals :
                                 a) Of domestic bovine animals :
                                    1 . Fresh or chilled :
                                        aa ) Of calves :
                                             11 . Carcases and half-carcases                                 100
                                             22. Separated or unseparated forequarters                       100
                                             33 . Separated or unseparated hindquarters                      100
                                        bb ) Of adult animals :
                                             11 . Carcases, half-carcases, 'compensated' quarters            100
          \                                  22. Forequarters                                                100
                                             33. Hindquarters                                                100
                                    2 . Frozen :
                                        aa) Carcases, half-carcases, or 'compensated' quarters               100
                                        bb) Forequarters                                                     100
                                        cc) Hindquarters                                                     100
          (') Quantity of beef and veal, expressed in carcase, which may be imported in relation to 100 kg of products
              exported .
 ---pagebreak--- No L 108/6                           Official Journal of the European Communities                        26. 4. 75
                                                          ANNEX II
                                                   Products to be imported
                                                                                            Quantity
                                                                                         equivalent to Coefficient for
   CCT heading
        No                                            Description                          100 kg of   converting the
                                                                                         beef and veal       levy
                                                                                           in carcase
         1                                                3                                     3              4
    01.02         Live animals of the bovine species :
                  A. Domestic species :
                      II . Other :
                           b) Other                                                            200          0-53
    02.01         Meat and edible offals of the animals falling within heading No
                  01.01 , 01.02, 01.03 or 01.04, fresh, chilled or frozen :
                  A. Meat :
                      II. Of bovine animals :
                           a) Of domestic bovine animals :
                               1 . Fresh or chilled :
                                   aa) Of calves :
                                       11 . Carcases and half-carcases                       ! 100          1-00
                                       22. Separated or unseparated forequarters             ' 100         0-80
                                       33 . Separated or unseparated hindquarters             100         • 1-20
                                   bb) Of adult animals :
                                       11 . Carcases, half-carcases or 'compensated'
                                            quarters                                           100          1-00
                                       22 . Forequarters                                       100         0-80
                                       33 . Hindquarters                                      100           1-20
                                   cc) Other cuts of beef and veal :
                                       11 . Unboned ( bone-in)                                  80          1-50
                                       22 . Boned or boneless                                   60          1-72
                               2 . Frozen :                                              l
                                   aa) Carcases, half-carcases or 'compensated' quarters       100          1-00
                                   bb) Forequarters                                            100          0-80
                                   cc) Hindquarters                                            100          1-20
                                   dd) Other :
                                       11 . Unboned ( bone-in )                                 80          1-50
                                       22 . Boned or boneless                                   60          1-72
    02.06         Meat and edible meat offals (except poultry liver), salted, in brine,
                  dried or smoked :
                  C. Other :
                      I. Of domestic bovine animals :
                           a) Meat :
                              1 . Unboned ( bone-in )                                           50          1-50
                              2 . Boned or boneless                                             50          1-72
16.02 B III b ) 1 Other prepared or preserved meat or meat offal containing : bovine
                  meat or offal, excluding meat or offals of swine                              50          0-00