CELEX: 31978R1557
Language: en
Date: 1978-07-05 00:00:00
Title: Commission Regulation (EEC) No 1557/78 of 5 July 1978 on the sale, at a price fixed at a standard rate in advance, of preserved beef held by the intervention agencies, amending Regulation (EEC) No 1687/76 and repealing Regulation (EEC) No 2311/77

No L 184/ 12                             Official Journal of the European Communities                               6 . 7 . 78
                                     COMMISSION REGULATION (EEC) No 1557/78
                                                          of 5 July 1978
               on the sale, at a price fixed at a standard rate in advance, of preserved beef held
               by the intervention agencies, amending Regulation ( EEC) No 1687/76 and
                                           repealing Regulation (EEC) No 2311 /77
THE COMMISSION OF THE EUROPEAN                                      form of certain goods not covered by Annex II to the
COMMUNITIES,                                                        Treaty (6), as last amended by Regulation (EEC) No
                                                                    269/78 (7) ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas experience as regards the export of meat sold
                                                                    by the intervention agencies has shown that export
Having regard to Council Regulation (EEC) No                        outlets cannot be greatly expanded unless exporters
805/68 of 27 June 1968 on the common organization                   are able to buy certain quantities of meat at a set price
of the market in beef and veal ( ! ), as last amended by            and to take delivery of them by instalments over an
Regulation (EEC) No 425/77 (2), and in particular                   extended period, with a view to carrying out contracts
Article 7 (3) thereof,                                              made with importers in non-member countries ;
                                                                    whereas that period should not, however, exceed six
                                                                    months ; whereas certain special conditions should be
Whereas stocks of preserved beef produced pursuant                  laid down, and in particular the prospective purchaser
to Commission Regulation (EEC) No 1295/74 of 22                     should be required to produce a copy of an export
May 1974 on the processing of beef bought in by                     contract, so as to ensure that this extension of the
intervention agencies (3), as last amended by Regula­               take-over period is permitted only in the case of
tion (EEC) No 11 45/75 (4), have reached an age where               export contracts to be performed over a period longer
they should be disposed of ;                                        than the take-over period as currently prescribed ;
Whereas, in order to dispose of these preserves at a
reasonable price, a selling price should be fixed in                Whereas rules should be laid down governing the
advance ;                                                           release of the security ; whereas in the case of sale for
                                                                    export the security should be released only when
                                                                    proof has been furnished that the products have actu­
Whereas the selling prices should be based on past                  ally been released for sale in a non-member country ;
experience of sales of such preserved beef ; whereas,               whereas such proof may be furnished in the same
however, in order to encourage operators to export                  manner as for differentiated refunds, pursuant to
canned beef, which is packed in cans of a fairly heavy              Article 11 ( 1 ) of Commission Regulation (EEC) No
unit weight and so may be difficult to sell at the retail           192/75 of 17 January 1975 laying down detailed rules
level, slightly lower selling prices should be fixed for            for the application of export refunds in respect of agri­
products which are to be exported ;                                 cultural products (8), as last amended by Regulation
                                                                    (EEC) No 2838 /77 (') ;
Whereas such sales should be made in accordance
with Commission Regulation (EEC) No 216/69 of 4
February 1969 oh detailed rules of application for the              Whereas it is necessary to amend the Annex to
disposal of frozen beef and veal bought in by interven­             Commission Regulation (EEC) No 1687/76 of 30
tion agencies (5), while certain necessary exceptions               June 1976 laying down common detailed rules for
should be made for the specific nature of the products              verifying the use and/or destination of products from
and their use or destination ;                                      intervention ( 10), as last amended by Regulation (EEC)
                                                                    No 732/78 (U);
Whereas the time allowed for export is extended for
exporters who wish to avail themselves of the provi­                Whereas it is necessary, for administrative reasons, to
sions of Council Regulation (EEC) No 441 /69 of 4                   repeal Commission Regulation (EEC) No 2311 /77 of
March 1969 laying down additional general rules for                 20 October 1977 on the sale, at a price fixed in
granting export refunds on products subject to a                    advance, of preserved beef held by intervention agen­
single price system, exported unprocessed or in the
                                                                    (6) OJ No L 59, 10. 3. 1969, p. 1 .
(1) OJ  No  L  148 , 28 . 6. 1968 , p. 24.                          (7) OJ No L 40, 10 . 2. 1978 , p. 7 .
(2) OJ  No  L  61 , 5. 3 . 1977, p. 1 .                             (8) OJ No L 25, 31 . 1 . 1975, p. 1 .
(3) OJ  No  L  140, 23. 5. 1974, p. 47.                             (9) OJ No L 327, 20. 12. 1977, p. 23.
(4) OJ  No  L  112, 1 . 5. 1975, p. 60 .                            ( 10) OJ No L 190, 14. 7. 1976, p. 1 .
(5) OJ  No  L 28 , 5. 2. 1969, p. 10 .                              (>>) OJ No L 251 , 1 . 10. 1977, p. 60.
 ---pagebreak---   6 . 7. 78                               Official Journal of the European Communities                            No L 184/ 13
  cies (!), as last amended by Regulation (EEC) No                                              Article 3
  1 57/78 (2); whereas the current situation in the meat
  market in the Federal Republic of Germany requires                   1.     By way of derogation from Article 2 (4), the time
  however that the resumption of the sale of these                    allowed for taking over and exporting preserved meat
  purchases shall only take place with effect from 1                  sold pursuant to this Regulation shall be extended to
 August 1978 ,                                                        six months from the day on which the application to
                                                                      purchase is lodged, provided that the following condi­
 Whereas the measures provided for are in accordance                  tions are satisfied :
 with the opinion of the Management Committee for
  Beef and Veal,                                                      (a) the application shall be accompanied by a certified
                                                                           copy of a contract for the export of preserved meat
 HAS ADOPTED THIS REGULATION :                                             and by a written undertaking that an export
                                                                           licence application will be submitted for the quan­
                           Article 1                                       tity and destination specified in the contract ;
  1.     With effect from 10 July 1978 the Danish and                (b) the applicant shall give a written undertaking to
 Irish intervention agencies, and with effect from 1                       take over and export the meat within six months
 August 1978 the German intervention agency, shall                         from the day on which his application to purchase
 sell preserved beef produced under Regulation (EEC)                       is lodged .
 No 1295/74.
                                                                     2.       Each intervention agency shall , on the first
 2. The quantities, qualities and prices of such                     working day following that on which an application to
 preserved meat are set out in Annex I. The prices in                purchase is lodged with it, notify the Commission of
 column D thereof refer to :                                         each such application , indicating the quantity of meat
 — under (a), sales on the internal Community                        applied for by category and destination .
       market,
 — under (b), sales for export.                                                                 Article 4
 3.      Details of the quantities and the places where
 the products are stored may be obtained by those                    Within the meaning of Article 5 (4) (b) of Regulation
 concerned from the addresses set out in Annex II .                  (EEC) No 216/69 , the conditions laid down in the
                                                                     contract shall be considered to have been satisfied by
                           Article 2                                 the purchaser :
 Regulation (EEC) No 216/69, and in particular Arti­                 (a) in the case of preserved meat released for sale on
 cles 2 to 5 thereof, shall apply to sales under this                      the internal Community market, when the quan­
 Regulation, subject to the following provisions :                         tity stipulated in the contract has been taken over
 1 . the price shall be paid as and when the goods are                    within the period laid down and the purchase
      removed from store in proportion to the quantities                   price paid in full ;
      removed and not later than the day preceding each              (b) in the case of preserved meat released for sale for
      removal ;                                                           export, when the conditions laid down under (a)
 2. the weight of the preserved beef shall be the net                     have been satisfied, the proof referred to in Article
      weight ;                                                             12 of Regulation (EEC) No 1687/76 has been
 3 . the security shall be :                                              furnished and proof that the products have been
      (a) 10 units of account per 100 kilograms in the
                                                                          imported into a non-member country pursuant to
                                                                          Article 11 ( 1 ) of Regulation (EEC) No 192/75 has
          case of sales referred to in Article 1 (2) (a) ;
                                                                          been furnished ; however, where preserved meat is
      (b) 25 units of account per 100 kilograms in the                    sold pursuant to Article 3 hereof, the security shall
          case of sales referred to in Article 1 (2) (b) ;                only be released when proof has been furnished
 4. in the case of sales referred to in Article 1 (2) (b) an              that the entire quantity of preserved meat covered
      application to purchase shall be valid only if it is                by the export contract has reached the destination
      accompanied by a written undertaking by the                         stipulated in that contract.
      purchaser to take over and export the meat within
      eight weeks from the day on which his application
                                                                                                Article 5
      to purchase is lodged.
      However, where the purchaser places the meat                  In the Annex to Regulation (EEC) No 1687/76, under
      under the arrangements referred to in Article 3 of            'I : Products to be exported in the same state as that in
      Regulation (EEC) No 441 /69, it must be exported              which they were when removed from intervention
      within six months from the day on which the appli­            stock ' :
      cation to purchase is lodged .
                                                                    (a) paragraph 8 and the relevant footnote are deleted,
(!) OJ No L 269, 21 . 10 . 1977, p . 26 .                                 save for those products in respect of which Regula­
(2 ) OJ No L 23, 28 . 1 . 1978 , p . 28 .                                 tion (EEC) No 2311 /77 continues to apply ;
 ---pagebreak--- No L 184/ 14                        Official Journal of the European Communities                             6 . 7. 78
 (b) there is added after paragraph 10 a further para­        all such applications shall be deemed to have been
     graph as follows, together with the footnote refer­      submitted at the same time .
     ence :
     '1! 1 . Commission      Regulation      (EEC)    No                               Article 7
      1557/78 of 5 July 1978 on the sale, at a price
     fixed at a standard ralte in advance, of preserved        1 . Regulation (EEC) No 2311 /77 is hereby
     beef held by the intervention agencies, amending          repealed. However, it shall remain applicable in
                                                               respect of applications submitted before the entry into
      Regulation (EEC) No 1687/76 and repealing Regu­          force of this Regulation .
      lation (EEC) No 231 1 /77 C 1 ).
                                                               2. References in Community instruments to Regula­
     (») OJ No L 184, 6. 7. 1978 , p. 12.                      tion (EEC) No 2311 /77 or to Articles thereof shall be
                                                               construed as references to this Regulation or to the
                        Article 6                              corresponding Articles hereof.
If the quantities available are not sufficient to satisfy                              Article 8
all the applications submitted on 10 July 1978 from
the Danish and Irish intervention agencies and on 1            This Regulation shall enter into force on 10 July
August 1978 from the German intervention agency,               1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 July 1978 .
                                                                        For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- 6 . 7 . 78                                       Official Journal of the European Communities                                         No L 184/ 15
                      ANNEXE I — ANHANG I — ANNEX I — ALLEGATO I — BIJLAGE I — BILAG 1
        État membre                                  Produits               Quantités (tonnes)     Prix de vente (UC/ 100 kg) poids net
        Mitgliedstaat                             Erzeugnisse               Mengen (Tonnen)      Verkaufspreise (RE/ 100 kg) Nettogewicht
        Member State                                 Products              Quantities (tonnes)     Selling prices (u.a./ 1 (1)(2) kg) net weight
       Stato membro                                  Prodotti              Quantità (tonnellate) Prezzi di vendita (UC/ 100 kg) peso netto
          Lid-Staat                                 Produkten               Hoeveelheid (ton)    Verkoopprijzen (RE/ 1 00 kg) nettogewicht
         Medlemsstat                                Produkter                Mængde (tons)            Salgspris (RE/ 1 00 kg) nettovægt
             A                                          B                           C                                D (>)
                                                  .                                                     a)                                 b)
DANMARK                      Oksekød i egen saft
                             — kartoner med 12 runde dåser, hver
                                   med en nettovægt på 1 815 g                 ± 7 500               100,0                                90,0
                             — kartoner med 12 firkantede dåser,
                                   hver med en nettovægt på 1 815 g            ± 2 500               100,0                                90,0
DEUTSCHLAND                  Rindfleischkonserven             in Dosen von
                             400 Gramm netto je Dose                           ±13 000               112,4                               112,4
IRELAND                      Canned stewed steak with net weight
                             of 425 grams per can                               ±2 200               112,4                                90,0
P ) Da) — Conserves destinées au marché intérieur de la Communauté.
          — Für den Binnenmarkt der Gemeinschaft bestimmte Konserven .
          — Canned beef for sale within the Community.
          — Conserve destinate al mercato comunitario .
          — Conserven bestemd voor de markt van de Gemeenschap.
          — Konserves bestemt for det interne marked i Fællesskabet .
       b) — Conserves destinées à être exportées.
          — Für den Export bestimmte Konserven .
          — Canned beef for export.
          — Conserve destinate all esportazione.
          — Conserven bestemd voor export.
          — Konserves bestemt for eksport.
 ---pagebreak--- No L 184/ 16                      Official Journal of the European Communities                          6 . 7. 78
          ANNEXE II — ANHANG II — ALLEGATO II — BIJLAGE II — ANNEX II — BILAG II
            Adresses des organismes d'intervention — Anschriften der Interventionsstellen —
            Indirizzi degli organismi d'intervento — Adressen van de interventiebureaus — Addresses
                         of the intervention agencies — Interventionsorganernes adresser
            DANMARK :                  Direktoratet for markedsordningerne,
                                       EF-Direktoratet,
                                       Frederiksborggade 18 ,
                                       1360 København K,
                                       Tlf. (01 ) 15 41 30, Telex 15 137 DK.
            DEUTSCHLAND :              Bundesanstalt für landwirtschaftliche Marktordnung (BALM),
                                       Geschäftsbereich 3 (Fleisch und Fleischerzeugnisse),
                                       Postfach 180107 — Adickesallee 40 ,
                                       D — 6 000 Frankfurt am Main 18 ,
                                       Tel . (0611 ) 55 04 61 /55 05 41 , Telex : 04 11 727/04 1 1 156.
            IRELAND :                  Department of Agriculture and Fisheries, Agriculture House,
                                       Kildare Street,
                                       Dublin 2,
                                       Tel. (01 ) 78 90 11 , ext. 23 56, Telex 4280 and 5118 .