CELEX: 31977R0597
Language: en
Date: 1977-03-18 00:00:00
Title: Commission Regulation (EEC) No 597/77 of 18 March 1977 laying down detailed rules for the application of special import arrangements for certain types of frozen beef intended for processing

24 . 3 . 77                             Official Journal of the European Communities                                  No L 76/ 1
                                                                 I
                                              (Acts ivhose publication is obligatory)
                                      COMMISSION REGULATION (EEC) No 597/77
                                                        of 18 March 1977
               laying down detailed rules (or the application of special import arrangements
                              for certain types of frozen beef intended for processing
 THE COMMISSION OF THE EUROPEAN                                       meat content ; whereas coefficients should be fixed to
 COMMUNITIES,                                                         take account of the quantity of frozen meat necessary
                                                                      for the manufacture of each such group ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                  Whereas the manufacturing process for homogenized
                                                                      preserved meats differs from that for other preserved
                                                                      food ;     whereas    coefficients      should therefore be
 Having regard to Council Regulation ( EEC) No                        provided for such preserved meats, which take
 805/68 of 27 June 1968 on the common organization                    account of their special characteristics ;
 of the market in beef and veal ('), as last amended by
 Regulation ( EEC) No 425/77 (2), and in particular Arti­            Whereas compliance with the arrangements under
 cles 14 (4) (c) and 25 thereof,                                     Article 14 of Regulation (EEC) No 805/68 requires
                                                                      the effective supervision of the processing of imported
 Whereas Article 14 of Regulation (EEC) No 805/68                     meat and whereas processing should therefore take
 lays down special arrangements for imports of certain                place only on the territory of the importing Member
                                                                      State ;
 types of frozen beef intended for processing ; whereas
 these arrangements consist of the total suspension of
 the import levy on such frozen meat, where it is                    Whereas Commission Regulation (EEC) No 1082/68
 intended for the manufacture of preserved food                      of 26 July 1968 fixing coefficients expressing the
 containing no characteristic components other than                   meat content of preserved meats manufactured from
 beef and jelly, and of the total or partial suspension of            frozen meat (3), as amended by Regulation (EEC) No
 the levy on imports of other types of frozen beef                    207/70 (4), must be repealed ;
 intended for the manufacture of other processed
 products ;
                                                                     Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
 Whereas special measures must be taken to ensure                     ment Committee for Beef and Veal ,
 that frozen meat imported with total suspension of
 the levy is not deflected for another purpose ; whereas
 the suspension should therefore be made conditional
 upon the importer making a declaration certifying the
 purpose and lodging a security ;                                     HAS ADOPTED THIS REGULATION :
Whereas the special arrangements under Article 14 (3)
(b) thereof only apply if meat is held by an interven­                                            Article 1
tion agency in the Community ;
                                                                      1.      No importer shall be entitled to total or partial
Whereas preserved food manufactured in the Commu­                    suspension of the import levy under Article 14 ( 1 ) of
nity can be classified in four groups according to their             Regulation (EEC) No 805/68 unless he produces :
(') OJ No L 148 , 28 . 6 . 1968 , p . 24 .                           ( 3 ) OJ - No L 181 , 27. 7. 1968 , p . 9 .
(-') OJ No L 61 , 5 .   1977, p . 1 .                                («) OJ No L 28 , 5 . 2 . 1970 , p . 10 .
 ---pagebreak---   No L 76/2                         Official Journal of the European Communities                              24 . 3 . 77
 (a) a written declaration, made at the time of the            7.    For the purposes of this Regulation 100 kilo­
     importation, that the frozen meat is intended for        grams of unboned meat shall be deemed to be equal
     use in the importing Member State,                        to 77 kilograms of boned meat.
     (aa) for the manufacture of the preserved food            8 . The additional sum shall be equal to the highest
           referred to in Article 14 ( 1 ) (a) thereof, or     levy applicable to imports of frozen meat falling
     (bb) for the manufacture of the other products           under the same subheading of the Common Customs
           referred to in Article 14 ( 1 ) (b) thereof ;      Tariff during the period between the day of importa­
                                                               tion and the last day on which the proof specified in
                                                               paragraph 3 may be furnished, less the amount of the
 (b) a security in the sum of the amount suspended of         security which has not been released. This sum shall
     the levy applicable on the day of importation ;          be paid as a levy.
 (c) a written undertaking, made at the time of importa­
     tion , to pay the additional sum specified in para­                               Article 2
     graph 8 in respect of that quantity of frozen meat
     imported in respect of which the proof referred to       Article 14 (3) (b) of Regulation ( EEC) No 805/68 may
     in paragraph 3 is not furnished .                        be applied when it is found that the quantities of
                                                              frozen meat held by an intervention agency exceed or
 2. The security shall be lodged, at the choice of the        are likely to exceed 10 000 tonnes .
 applicant, either in cash or in the form of a guarantee
 given by an institution meeting the criteria laid down
 by the Member State on whose territory the importa­                                   Article 3
 tion was effected .
                                                              Member States shall set up a system of customs or
 3.    Except in case of force majeure, the security          administrative supervision to ensure that the meat is
 shall not be released in whole or in part unless, within     processed, and in particular a form of control to
 six months following the month of importation , proof        enable the quantity of boned frozen meat used in the
 is furnished that all or part of the imported frozen         manufacture of homogenized preserved meats to be
                                                              determined .
 meat has been processed on the territory of the
 importing Member State . The amount of the security
 released shall be in proportion to the quantity for
                                                                                       Article 4
 which proof of processing is furnished .
                                                              Member States shall communicate to the Commission
 The security shall be released immediately after such
                                                              not later than the 15th day of each month :
 proof has been furnished .
                                                              (a) separately for each of the    subheadings for frozen
 The amount of the security not released is forfeit and            meat and for each of the     arrangements provided
 is retained as a levy.                                            for in Article 14 ( 1 ) of    Regulation ( EEC) No
                                                                   805/ 68 , the quantities    imported during the
 4. In the case of frozen meat imported under the                  preceding month ;
 arrangements provided for in paragraph 1 (a) (aa), the       (b) the quantities imported, broken down as indicated
 proof referred to in paragraph 3 may not be consid­               under (a), in respect of which the proof referred to
 ered as furnished unless the quantity of preserved                in Article 1 (3) has been furnished during the
 food manufactured from such meat is at least equiva­              preceding month ;
 lent to the quantity imported . The coefficients for         (c) the quantities of products manufactured during the
 determining the quantity of frozen boned meat                     preceding month , broken down by type of
 contained in a given quantity of preserved food are set           products and expressed in net weight of the
 out in the Annex hereto .
                                                                   finished product .
 5. For the purposes of Article 14 ( 1 ) (a) of Regula­
 tion (EEC) No 805/68 , ' preserved food' means                                        Article 5
 products in which the total weight of beef and jelly is
at least 85 % of the total net weight.                        Regulation ( EEC) No 1082/68 is hereby repealed .
6.     In the case of frozen meat imported under the
arrangements provided for in paragraph 1 (a) (bb),                                     Article 6
' manufacture' means the processing into products
other than those falling under heading No 02.01 of            This Regulation shall enter into force on 1 April
the Common Customs Tariff.                                    1977 .
 ---pagebreak--- 24. 3 . 77                          Official Journal of the European Communities                            No L 76/3
           This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 March 1977 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
                                                            ANNEX
                                                   Products                                    Coefficients
            I. Preserved food , other than homogenized , containing the following percen­
                tages of meat of bovine animals :
                1 . 80 % or more of meat, excluding offal and fat                                 1 - 50
                2 . 60 % or more but less than 80 % of meat, excluding offal and fat              110
                3 . 40 % or more but less than 60 % , excluding offal and fat                    0.90
                4 . Less than 40 % of meat, excluding offal and fat                              0.10
           II . The coefficient applicable in respect of homogenized preserved meat shall
                be the figure corresponding to the quantity, expressed in kilograms of
                boned frozen meat used in the manufacture of 1 kilogram of preserved
                meat