CELEX: 31987R3944
Language: en
Date: 1987-12-21 00:00:00
Title: Commission Regulation (EEC) No 3944/87 of 21 December 1987 fixing coefficients for calculating levies on pigmeat products

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31987R3944

Commission Regulation (EEC) No 3944/87 of 21 December 1987 fixing coefficients for calculating levies on pigmeat products  

Official Journal L 373 , 31/12/1987 P. 0025 - 0031 Finnish special edition: Chapter 3 Volume 25 P. 0134  Swedish special edition: Chapter 3 Volume 25 P. 0134 

COMMISSION REGULATION (EEC) N° 3944/87of 21 December  1987fixing coefficients for calculating levies on pigmeat productsTHE COMMISSION  OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical  nomenclature and on the Common Customs Tariff (1), and in particular the second subparagraph of  Article 15 (1) thereof, Having regard to Council Regulation (EEC) N° 2759/75 of 29 October 1975 on the common organization  of the market in pigmeat (2), as last amended by Regulation (EEC) N° 3906/87 (3), and in particular  Article 10 (4) thereof, Whereas, as regards the products listed in Article 1 (1) (a) and (b) of Regulation (EEC) N°  2759/75, other than pig carcases, the levy is to be derived from the levy on pig carcases on the  basis of a coefficient expressing the ratio in the Community between the prices for such products  and the price for pig carcases; Whereas, as regards the products listed in Article 1 (1) (c) of Regulation (EEC) N° 2759/75, the  levy is made up of two components, one of which is to be derived from the levy on pig carcases on  the basis of a coefficient expressing the ratio in the Community between the prices for such  products and the price of pig carcases; Whereas the coefficients for calculating levies on pigmeat products other than pig carcases were  established by Commission Regulation (EEC) N° 3602/82 (4); Whereas, from 1 January 1988, there is established by Regulation (EEC) N° 2658/87 a combined goods  nomenclature based on the harmonized system which will meet the requirements both of the Common  Customs Tariff and of the external trade statistics of the Community; Whereas the tariff nomenclature resulting from the application of Regulation (EEC) N° 2759/75  which forms part of the Common Customs Tariff has been amended by Regulation (EEC) N° 3906/87 in  accordance with Regulation (EEC) N° 2658/87; whereas, as a consequence, it is necessary to express  the descriptions of goods and tariff heading numbers which appear in the present Regulation  according to the terms of the combined nomenclature based on the harmonized system; Whereas, for ease of administration, Regulation (EEC) N° 3602/82 should be repealed and all rules  on coefficients for pigmeat products should be combined in one Regulation in which should be  inserted, for the purpose of clarity, the definition of pig carcases resulting from Article 3a of  Council Regulation (EEC) N° 2764/75 (5), as last amended by Regulation (EEC) N° 1475/86 (6); Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Pigmeat, HAS ADOPTED THIS REGULATION: Article 11.  The coefficients expressing the ratio referred to in Article 10  (1) of Regulation (EEC) N° 2759/75 are hereby fixed as shown in Annex I. 2.  The coefficients expressing the ratio referred to in Article 10 (2) (a) of Regulation (EEC) N°  2759/75 are hereby fixed as shown in Annex II. Article 21.  The following expressions shall have the meanings hereunder assigned to them: (a)'Carcases or half-carcases', for the purposes of subheadings 0203 11 10 and 0203 21 10 of the  combined nomenclature: slaughtered pigs in the form of carcases or half-carcases of domestic swine  which have been bled and eviscerated and from which the bristles and hooves have been removed.  Half-carcases are derived from whole carcases by division through the centre of each cervical,  dorsal, lumbar and sacral vertebra and through the centre of the sternum and the  ischio-pubicsymphysis. These carcases and half-carcases may be with or without head, feet, flare  fat, kidneys, tail or diaphragm. Half-carcases may be with or without spinal cord, brain or tongue.  Carcases and half-carcases of sows may be with or without udders (mammary glands). (b)'Hams' (legs), for the purposes of subheadings 0203 12 11, 0203 22 11, 0210 11 11 and 0210 11  31 of the combined nomenclature: the posterior (caudal) part of the half-carcase including bones,  with or without foot, shank, rind or subcutaneous fat. The ham (leg) is separated from the rest of the half-carcase so that it includes, at most, the last  lumbar vertebra. (c)'Fore-ends', for the purposes of subheadings 0203 19 11, 0203 29 11, 0210 19 30 and 0210 19 60  of the combined nomenclature: the anterior (cranial) part of the half carcase without the head,  including bones, with or without foot, shank, rind or subcutaneous fat. The fore-end is separated from the rest of the half-carcase so that it includes, at most, the fifth  dorsal vertebra. The upper (dorsal) part of the fore-end, whether or not containing the blade-bone and attached  muscles, (neck-end in fresh or collar in salted condition), is considered a cut of the loin, when  it is separated from the lower (ventral) part of the fore-end, at most by a cut just below the  vertebral column. (d)'Shoulders', for the purposes of subheadings 0203 12 19, 0203 22 19, 0210 11 19 and 0210 11 39  of the combined nomenclature: the lower part of the fore-end whether or not containing the  blade-bone and attached muscles, including bones, with or without foot, shank, rind or subcutaneous  fat. The blade-bone and attached muscles presented separately shall remain classified in this subheading  as a part of the shoulder. (e)'Loins', for the purposes of subheadings 0203 19 13, 0203 29 13, 0210 19 40 and 0210 19 70 of  the combined nomenclature: the upper part of the half-carcase, extending from the first cervical  vertebra to the caudal vertebrae, including bones, with or without the tenderloin, blade-bone,  subcutaneous fat or rind. The loin is separated from the lower part of the half-carcase by a cut just below the vertebral  column. (f)'Bellies', for the purposes of subheadings 0203 19 15, 0203 29 15, 0210 12 11 and 0210 12 19 of  the combined nomenclature: the lower part of the half-carcase situated between the ham (leg) and  the shoulder, commonly known as 'streaky', with or without bones, but with the rind and the  subcutaneous fat. (g)'Bacon sides', for the purposes of subheading 0210 19 10 of the combined nomenclature: the pig  half-carcase without the head, cheek, chap, feet, tail, flare fat, kidney, tenderloin, blade-bone,  sternum, vertebral column, pelvic bone and diaphragm. (h)'Spencers', for the purposes of subheading 0210 19 10 of the combined nomenclature: the bacon  side without the ham, whether or not boned. (ij)'Three-quarter sides', for the purposes of subheading 0210 19 20 of the combined nomenclature:  the bacon side without the fore-end, whether or not boned. (k)'Middles', for the purposes of subheading 0210 19 20 of the combined nomenclature: the bacon  side without the ham and the fore-end, whether or not boned. The subheading also includes cuts of middles containing tissue of loin and belly in natural  proportion to the entire middles. 2.  The parts of the cuts defined in paragraph 1 (b), (c), (d) and (e) fall within the same  subheadings only if they contain muscle tissue and bones in natural proportion to the entire cuts. If the cuts falling within subheadings 0210 11 11 and 0210 11 19 as well as 0210 11 31, 0210 11 39,  0210 19 30 and 0210 19 60 of the combined nomenclature are derived from a bacon side from which the  bones indicated under paragraph 1 (g) have already been removed, the lines of cutting shall follow  those defined under paragraph 1 (b), (c) and (d) accordingly; in any case, these cuts or parts  thereof shall contain bones. 3.  Subheadings 0206 30 31, 0206 49 91 and 0210 90 39 of the combined nomenclature, shall include,  in particular, heads or halves of heads of domestic swine, with or without the brains, cheeks or  tongues, and parts thereof. The head is separated from the rest of the half-carcase by a straight cut parallel to the cranium. The cheeks, snouts and ears as well as the meat attached to the head, particularly to the rear part  (including the chaps), are considered parts of heads. The boneless meat of the fore-end (including  the jowl) fall within subheadings 0203 19 55, 0203 29 55, 0210 19 51 or 0210 19 81 as the case may  be. 4.  For the purposes of subheadings 0209 00 11 and 0209 00 19 of the combined nomenclature,  'subcutaneous pig fat' shall have the meaning of the fatty tissue which accumulates under the rind  of the pig and adheres to it, irrespective of the part of the pig from which it comes; in any case,  the weight of the fatty tissue shall exceed the weight of the rind. Those subheadings also include subcutaneous pig fat from which the rind has been removed. 5.  For the purposes of subheadings 0210 11 31, 0210 11 39, 0210 12 19 and 0210 19 60 to 0210 19 89  of the combined nomenclature, products in which the water/protein ratio in the meat (nitrogen  content × 6,25) is 2,8 or less shall be considered as 'dried or smoked'. The nitrogen content shall  be determined according to ISO method 937-1978. 6.  For the purposes of subheadings 1602 41 10, 1602 42 10 and 1602 49 11 to 1602 49 15 of the  combined nomenclature, the expression 'parts thereof' applies only to prepared or preserved meat  which, due to the size and the characteristics of the coherent muscle tissue, is identifiable as  having been obtained from hams, shoulders, loins, or collars of domestic swine, as the case may  be. Article 3Regulation (EEC) N° 3602/82 is hereby repealed. Article 4This Regulation shall enter into force on 1 January 1988. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 21 December 1987. For the CommissionFrans ANDRIESSENVice-PresidentSPA:L373UMBE11.95FF: 1UEN;   SETUP: 01;   Hoehe:  1257 mm;   205 Zeilen;   10042 Zeichen; Bediener: FRST   Pr.: A; Kunde: ................................ (1) OJ N° L 256, 7. 9. 1987, p. 1. (2) OJ N° L 282, 1. 11. 1975, p. 1. (3) OJ N° L 370, 30. 12. 1987, p. 11. (4) OJ N° L 376, 31. 12. 1982, p. 23. (5) OJ N° L 282, 1. 11. 1975, p. 21. (6) OJ N° L 133, 21. 5. 1986, p. 39.  ANNEX I >TABLE> ANNEX II Coefficients for calculating the levies on products mentioned in Article 10 (2)  (a) of Regulation (EEC) N° 2759/75   CN code Description Coefficients ex 1601 00 Sausages and  similar products, of meat, meat offal or blood; food preparations based on these products: ex 1601  00 10 -Of liver 1,40  -Other (¹): ex 1601 00 91 --Sausages, dry or for spreading, uncooked 2,35 ex  1601 00 99 --Other 1,60 ex 1602 Other prepared or preserved meat, meat offal or blood: ex 1602 10  00 -Homogenized preparations 1,12 ex 1602 20 -Of liver of any animal: ex 1602 20 90 --Other 1,30   -Of swine: ex 1602 41 --Hams and cuts (parts) thereof: ex 1602 41 10 ---Of domestic swine 2,45 ex  1602 42 --Shoulders and cuts (parts) thereof: ex 1602 42 10 ---Of domestic swine 2,05 ex 1602 49  --Other, including mixtures:  ---Of domestic swine:  ----Containing, by weight, 80 % or more of  meat or meat offal, of any kind, including fats of any kind or origin: ex 1602 49 11 -----Loins  (excluding collars) and parts thereof, including mixtures of loins and hams 2,45 ex 1602 49 13  -----Collars and parts thereof, including mixtures of collars and shoulders 2,05 ex 1602  49 15  -----Other mixtures containing hams, shoulders, loins or collars, and parts thereof 2,05 ex 1602 49  19 -----Other 1,35 ex 1602 49 30 ----Containing, by weight, 40 % or more but less than 80 % of meat  or meat offal, of any kind, including fats of any kind or origin 1,12 ex 1602 49 50 ----Containing  by weight less than 40 % of meat or meat offal, of any kind, including fats of any kind or origin  0,67 ex 1602 90 -Other, including preparations of blood of any animal: ex 1602 90 10 --Preparations  of blood of any animal 1,30  --Other:  ---Other: ex 1602 90 51 ----Containing meat or meat offal of  domestic swine 1,35 ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances)  or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni;  couscous, whether or not prepared: ex 1902 20 -Stuffed pasta, whether or not cooked or otherwise  prepared: ex 1902 20 30 --Containing more than 20 % by weight of sausages and the like, of meat and  meat offal of any kind, including fats of any kind or origin 0,67 (¹) The levy applicable to  sausages imported in containers which also contain preservative liquid is collected on the net  weight, i.e. after deduction of the weight of the liquid. SPA:L373UMBE13.96 FF: 1UEN;   SETUP: 01;    Hoehe: 268 mm;   103 Zeilen;   2407 Zeichen;  Bediener: FRST   Pr.: A; Kunde: 40735 Umbruch England  13