CELEX: 31971R2838
Language: en
Date: 1971-12-24
Title: Regulation (EEC) No 2838/71 of the Council of 24 December 1971 supplementing Regulation (EEC) No 805/68 as regards the advance fixing of the levy on beef and veal

1040                                Official Journal of the European Communities
30.12.71                            Official Journal of the European Communities                            No L 286/ 1
                                REGULATION (EEC) No 2838/71 OF THE COUNCIL
                                                 of 24 December 1971
              supplementing Regulation (EEC) No 805 /68 as regards the advance fixing of the levy
                                                    on beef and veal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       advance fixing, there was a risk of disturbances on
                                                               the market concerned; whereas it must be possible in
Having regard to the Treaty establishing the                   such a situation to take measures rapidly in order to
European Economic Community, and in particular                 avoid disorganisation of the market;
Article 43 thereof;
                                                               Whereas the introduction of a system of advance
Having regard to the proposal from the Commission ;            fixing of the levies requires certain administrative
                                                               measures ; whereas in particular an advance fixing
Having regard , to the Opinion of the European                 certificate should be instituted in combination with
Parliament;
                       V
                                                               the lodging of a deposit guaranteeing the undertaking
                                                               to effect importation during the period of validity of
Whereas Article 12 of Council Regulation (EEC) No              the certificate;
805/681 of 27 June 1968 on the common organisation
of the market in beef and veal, as last amended by
Regulation (EEC) No 1261/71 ,2 provides among                  HAS ADOPTED THIS REGULATION :
other things for the charging of a levy on imports of
the meat of calves or adult bovine animals, fresh or                                   Article 1
chilled;           .
Whereas frequent variation of the rate of levies is            The following shall be substituted for paragraphs 5
                                                               and 6 of Article 12 of Regulation (EEC) No 805/68 :
likely to create inequality in competition between
exporters of countries near to the Community and
those of more distant countries, since the latter are
                                                                   '5. The levy to be charged shall be that applicable
                                                                       on the day of import.
put at a disadvantage by the length of the sea route ;
whereas equality should be re-established between                      However, with regard to imports of products
those various countries by means of advance fixing of                  falling within sub-heading No 02.01 A II (a) 1
the rate of the import levy for meat of calves or adult                of the Common Customs Tariff, originating in
bovine animals, fresh or chilled, for the benefit of the               and coming from countries which, in view of
more distant supplier countries ;                                      the length of the sea route, have concluded an
                                                                       agreement in this respect with the Community
Whereas the introduction of a system of advance                        comprising certain guarantees, the levy
fixing of the levy calls for special supervision of the                applicable on the day on which the
market; whereas the advantages of such a system                        application for a certificate provided for in
should be granted only to the more distant supplier                    Article 12a was submitted shall, on
countries which have concluded a trade agreement                       application from the party concerned
with the community giving certain guarantees in the                     submitted at the same time as the application
matter;                                                                for the certificate, be applied to imports to be
                                                                       effected during the period of validity of the
Whereas experience has shown that in certain                           certificate.
circumstances and in particular where the parties
concerned had made excessive use of the system of                   6. Detailed rules for the application of paragraph
                                                                       5    and    the  coefficients  referred   to  in
                                                                       paragraphs 2, 3 and 4 shall be adopted in
1 OJ No L 148 , 28.6.1968 , p . 24.                                    accordance with the procedure laid down in
2 OJ No L 132, 18.6.1971, p. 1 .                                       Article 27.
 ---pagebreak---                                       Official Journal of the European Communities                                      1041
     7. The levies referred to in this Article shall be                  of the place of his establishment in the
          fixed by the Commission.                                       Community.
     8 . Where the market situation makes it clear that                  The advance fixing certificate shall be valid for
          disturbances have arisen through the                           a transaction carried out in the Community.
          application of the provisions of the second                   The     issue   of   such    certificates shall   be
          subparagraph of paragraph 5, or where there                    conditional on the lodging of a deposit
          is a risk of such disturbances, the decision                   guaranteeing that importation is effected
          may be taken, in accordance with the                           during the period of validity of the certificate ;
         procedure laid down in Article 27, to suspend                   the deposit shall be forfeited in whole or in
          that application for such period of time as is                 part if importation is not effected, or is only
          absolutely necessary.'                                         partially effected, within that period.
                                                                     2. The period of validity of the certificates and,
                          Article 2                                      other detailed rules for the application of this
                                                                         Article shall be adopted in accordance with the
The following Article shall be added to Regulation                       procedure laid down in Article 27'.
(EEC) No 805/68 :
   'Article 12a                                                                            Article 3
    1 . Collection of the levy under the conditions laid         This Regulation shall enter into force on the day
         down in the second subparagraph of Article              following its publication in the Official journal of the
         12 (5 ) shall be subject to the submission of an        European Communities.
         advance fixing certificate, which may be issued
         by Member States to any applicant irrespective          It shall apply from 1 January 1972.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels. 24 December 1971 .
                                                                                        For the Council
                                                                                          The President
                                                                                           M. PEDINI