CELEX: 31968R1173
Language: en
Date: 1968-08-02
Title: Regulation (EEC) No 1173/68 of the Commission of 2 August 1968 on special import terms for certain categories of young bovine animals and calves

Official Journal of the European Communities                                       409
 3.8.68                                 Official Journal of the European Communities                            No L 193/7
                              REGULATION (EEC) No 1173/68 OF THE COMMISSION
                                                      of 2 August 1968
                  on special import terms for certain categories of young bovine animals and calves
THE     COMMISSION         OF   THE     EUROPEAN      COM­          terms are not slaughtered before a certain time;
MUNITIES ,                                                          whereas a deposit, limited in the case of young
                                                                    bovine animals to the levy applicable on the day of
Having regard to the Treaty establishing the                        importation, and in the case of calves to the levy
 European Economic Community ;                                      applicable on the day of importation plus half the
                                                                    rate of customs duty charged, should have the
Having regard to Regulation No 805/68 1 of 27 June                  desired effect;
 1968 on the common organisation of the market in
beef and veal, and in particular Articles 11 (2) and 25            Whereas in the light of experience in recent years,
 thereof;                                                           120 days from the day of importation should be
                                                                   laid down as an adequate period for fattening young
Whereas, if the price of calves recorded on the                     bovine animals, and 100 days for calves ;
representative markets of the Community in
accordance with Article 10 of Regulation (EEC) No
 805/68 exceeds the guide price :                                  Whereas, to take into account delivery time, it
                                                                   should be laid down that the provisions of Article
— the levy specified in that Article applicable to                  11 ( 1 ) of Regulation (EEC) No 805/68 shall apply
     young male bovine animals for fattening, of a                 also to imports effected during the two weeks fol­
     minimum weight of 220 kilogrammes and a                       lowing the last week of application of those provisions ;
     maximum weight of 300 kilogrammes, is refunded
     or is not charged, in accordance with Article                 Whereas the measures provided for in this Regulation
     11 ( 1 ) (a) of that Regulation ;                             are in accordance with the Opinion of the Manage­
— the levy applicable to calves for fattening,                     ment Committee for Beef and Veal ;
    weighing less than 80 kilogrammes, is not charged
     and the rate of the customs duty is reduced by                HAS ADOPTED THIS REGULATION :
     half, in accordance with Article 11 ( 1 ) ( b) of
     the said Regulation ;                                                                    Article 1
Whereas detailed rules must be adopted for the                     So long as the levy on calves is fixed at a percentage
application of these provisions, in particular those               of the difference mentioned in the second sub­
setting a time limit for delivery and those specifying             paragraph of Article 10 ( 1 ) of Regulation (EEC)
the controls necessary to ensure a sufficient period               No 805/68 ,
for fattening for the young animals mentioned above ;
                                                                   ( a) the levy on young bovine animals specified in
Whereas, in order to facilitate imports, the principle                   Article 11 ( 1 ) ( a) of the said Regulation shall
of not charging the levy should be extended also to                      not be charged,
imports of young bovine animals ;                                  ( b ) the levy on calves specified in Article 11 ( 1 ) ( b)
                                                                         of the said Regulation shall not be charged and
Whereas there should be some way of ascertaining                         the customs duty shall be reduced by half,
that the animals are in fact imported for fattening ;
whereas to that end the benefit of the provisions of               in accordance with the provisions of this Regulation .
Article 11 of Regulation (EEC) No 805/68 should
be made conditional on the lodging of a deposit                                               Article 2
guaranteeing that the animals imported on these
                                                                   1 . Benefit of the provisions of Article 1 ( a) shall be
                                                                   granted only if proof is given that the young bovine
OJ No L 148 , 28.6.1968 , p . 24.                                  animals have been fattened in the importing Member
 ---pagebreak--- 410                                  Official Journal of the European Communities
State for a period of 120 days from the day of                4. The deposit shall be returned only if the proof
importation.                                                  mentioned in Article 2 is furnished . It shall be
                                                              returned not later than 3 months after the date on
2. Benefit of the provisions of Article 1 (b) shall be        which such proof is furnished.
granted only if proof is given that the calves have
been fattened in the importing Member State for a             5 . If the proof mentioned in Article 2 is not
period of 100 days from the day of importation.               furnished within 150 days from the day of import­
                                                              ation, subject to the provisions of Article 3 , the
                         Article 3                            deposit shall be forfeited.
The proof mentioned in Article 2 shall be considered                                  Article 5
as furnished when the competent authorities in the
importing Member State certify that on the territory          Benefit of the provisions of Article 1 shall also be
of that Memb.er State the animal                              granted to imports effected during the two weeks
                                                              following the last week of application of the import
(a) was slaughtered after the expiry of the period            terms set out in that Article.
     specified in that Article, or
(b) was not slaughtered before the expiry of that                                      Article 6
     period, or                                               1 . At the time of importation, each animal imported
( c) was slaughtered before the expiry of that period         on the terms set out in Article 1 shall be identified
     for health protection reasons or died as a result        either by indelible tattooing on the ear of the animal
     of sickness or accident.                                 or by an official or officially approved marking on
                                                              both ears of the animal .
                         Article 4
                                                              2. Such tattooing or mark made by the importer
1 . Benefit of the provisions of Article 1 shall be           shall show :
conditional on the lodging of a deposit guaranteeing
that the animals will not be slaughtered before the            ( a) the date of importation ;
expiry of the period specified in Article 2.                   (b) a mark enabling'the importer to be identified.
2. The amount of the deposit shall be equal :                                          Article 7
( a) for young bovine animals referred to in Article          Member States shall take the necessary measures for
     1 (a), to the levy applicable at the time of             the implementation of this Regulation. Each month
     importation;                                             they shall inform the Commission by telex of the
(b) for calves referred to in Article 1 (b), to the levy      number of animals imported, differentiated accord­
     applicable on the day of importation plus half           ing to the country from which they were imported
     the rate of the customs duty charged .                   and according to the weight categories mentioned in
                                                              Article 11 ( 1 ) (a) and (b) of Regulation (EEC) No
                                                              805/68 .
3 . The deposit mentioned in paragraph 2 may be
lodged in cash or in the form of a guarantee given                                     Article 8
by a credit institution meeting the criteria laid down
by the Member State on whose territory the import­             This Regulation shall enter into force on 5 August
ation is effected.                                             1968 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 August 1968 .
                                                                                   For the Commission
                                                                                      The President
                                                                                         Jean REY