CELEX: 31977R2901
Language: en
Date: 1977-12-22 00:00:00
Title: Commission Regulation (EEC) No 2901/77 of 22 December 1977 amending Regulations (EEC) No 585/77 and (EEC) No 597/77 especially as regards the total suspension of the levy in the framework of the special import system for frozen beef and veal

28 . 12 . 77                             Official Journal of the European Communities                                No L 338 /9
                                      COMMISSION REGULATION (EEC) No 2901 /77
                                                       of 22 December 1977
                amending Regulations (EEC) No 585/77 and (EEC) No 597/77 especially as
                regards the total suspension of the levy in the framework of the special import
                                                 system for frozen beef and veal
 THE COMMISSION OF THE EUROPEAN                                     degree of processing to satisfy the objectives of the
 COMMUNITIES,                                                       said Article 14 ;
 Having regard to the Treaty establishing the European              Whereas the Italian text of Article 2 ( 1 ) (c) of Regula­
 Economic Community,                                                tion (EEC) No 585/77 may give rise to difficulties of
                                                                    interpretation and should therefore be clarified ;
 Having regard to Council Regulation (EEC) No                       Whereas the measures provided for in this Regulation
 805/68 of 27 June 1968 on the common organization
                                                                    are in accordance with the opinion of the Manage­
 of the market in beef and veal ('), as last amended by             ment Committee for Beef and Veal ,
 Regulation (EEC) No 425/77 (2), and in particular Arti­
 cles 14 (4) (c) and 15 (2) thereof,
 Whereas Article 14 (3) (b) of Regulation (EEC) No
 805/68 provides that the total suspension of the levy              HAS ADOPTED THIS REGULATION :
 on imports of frozen meat may be made conditional
 on the submission of a purchase contract for frozen
 meat held by an intervention agency ; whereas the
 implementation of these arrangements, in particular                                         Article 1
 by Commission Regulation (EEC) No 2900/77 of 22
 December 1977 laying down detailed rules for the sale
 of beef held by the intervention agencies to enable the            There is added to Regulation ( EEC) No 585/77 the
 import with total suspension of the levy of frozen beef            Annex hereto and the following Article :
 and veal intended for processing (3 ), requires the
 amendment of Commission Regulation (EEC) No
                                                                         'Article 11a
 585/77 of 18 March 1977 on the system of import and
 export licences for beef and veal (4 ) and Commission
 Regulation (EEC) No 597/77 of 18 March 1977 laying                      1.    In order to qualify for the special import
 down detailed rules for the application of special                     arrangements provided for in Article 14 (3) (b) of
 import arrangements for certain types of frozen beef                   Regulation ( EEC) 805/68 :
 intended for processing (5), both as amended by Regu­
 lation (EEC) No 1 384/77 (6) ;
                                                                        (a) all applications for a licence submitted by any
                                                                             one applicant shall be accompanied by the
 Whereas no time limit is necessary for the issue of                         original of a purchase contract for frozen meat
 licences under the arrangements provided for in                             held by an intervention agency, drawn up in
 Article 14 (3) of Regulation (EEC) No 805/68 ;                              accordance with Regulation (EEC) No 2900/77
                                                                             during the quarter in which the application is
                                                                             made, and by proof that the purchase price
 Whereas      the   definition      of   the   manufacture   of              shown in the contract has been paid ; the appli­
 processed products within the meaning of Article 1 ( 1 )                    cant shall be entered as the buyer in the
                                                                             contract ;
 (b) of Regulation (EEC) No 805/68 , set out in Article
 1 (6) of Regulation (EEC) No 597/77, does not include                  (b) the application for a licence and the licence
 as finished products boned, salted , dried or smoked                        shall refer to products listed in the Annex up
 meat, or meat in brine ; whereas these products may                         to limits determined in accordance therewith ;
 nevertheless be considered as showing a sufficient
                                                                        (c) the application for a licence and the licence
(')  OJ  No L 148 , 28 . 6 . 1968 , p. 24 .                                  shall contain one of the endorsements laid
(2)  OJ  No L 61 , 5 . 3 . 1977, p. 1 .                                      down in Article 9 ( 1 ) (b) or 10 ( 1 ) (b), in accor­
(3)  See page 6 of this Official Journal .                                   dance with the endorsement on the purchase
(4)  OJ  No L 75, 23 . 3 . 1977, p. 5 .
(5)  OJ  No L 76, 24. 3 . 1 977 , p. 1 .                                     contract under Article 7 of Regulation (EEC)
(<>) OJ  No L 157, 28 . 6. 1977 , p. 16 .                                    No 2900/77 ;
 ---pagebreak--- No L 338 / 10                      Official Journal of the European Communities                                   28 . 12 . 77
  (d) the licence shall contain one of the endorse­                 the strength of the purchase contract shall be
       ments laid down in Article 9 ( 1 ) (c).                      entered on the original of that contract. When this
                                                                    quantity has been used up, the licensing body
                                                                    shall delete the endorsement made on the original
  2. Applications for licences shall be considered                  of the contract under Article 7 of Regulation
  only if :                                                         (EEC) No 2900/77.'
  (a) the applicant is a natural or legal person who
       for at least 12 months has been carrying on                                         Article 2
       business in the meat and livestock sector and
       is officially registered in a Member State ;
                                                             Regulation (EEC) No 597/77 is hereby amended as
  (b) in a case of an application referred to in             follows :
       Article 9, the applicant proves to the satisfac­
       tion of the competent authorities of the
       Member State where the application is lodged           1 . Article 1 (6) shall read :
       that the person responsible for the establish­
       ment indicated in the application has agreed               ' 6.     For the purpose of Article 14 ( 1 ) (b) of Regula­
                                                                  tion (EEC)       No 805/68 , " manufacture" means
       to the manufacture on those premises of the
                                                                  processing :
       preserves in question .
                                                                  — into products other than those referred to in
   3 . The purchase contract referred to in para­                       Article 1 ( 1 ) (a) thereof and other than those
  graph 1 (a) may be used only in one single                            referred to in paragraph 5 hereby, or
   Member State to lodge one or more applications                 — into products falling within subheading 02.06
   for a licence, submitted either simultaneously or                    C I a) 2 of the Common Customs Tariff.'
   consecutively, up to to the limit which may be
   imported under paragraph 1 (b).                            2 . Article 2 shall read :
   4.     By way of derogation from Article 3 of Regu­            'Art icle 2
   lation (EEC) No 193/75, the rights arising from
   import licences are not transferable.
                                                                   1 . Article 14 (3) (b) of Regulation (EEC) No
                                                                   805/ 68 may be applied when it is found that the
   5 . When lodging an application for a licence                  quantities of frozen meat held by the intervention
   the applicant shall undertake in writing either to             agencies exceed or are likely to exceed 10 000
                                                                   tonnes .
   carry out himself, or to have carried out on his
   responsibility, in the Member State indicated in
   that undertaking, being the State where the                     2 . If Article 14 (3) (b) of Regulation (EEC) No
   products will be put into free circulation , the                805/68 is applied, application of the measures
   following operations, as appropriate :                          provided for in Article 14 (3) (a) thereof shall be
                                                                   suspended .
   (a) the processing referred to in Article 14 ( 1 ) (a) of
        Regulation ( EEC) No 805/68 ;                              3.     Article 1 shall apply in the situation referred
                                                                   to in paragraph 1 .'
   (b) the processing referred to in Article 14 ( 1 ) (b)
        thereof .
                                                                                           Article 3
   The applicant shall further undertake in writing
   either to carry out himself or to hav* carried out
   on his responsibility the processing operations            The Italian text of Article 2 ( 1 ) (c) of Regulation (EEC)
   referred to under (a) at the establishment                 No 585/77 is hereby amended to read as follows :
   mentioned in his application , in accordance with
   Article 9 ( 1 ) (b).                                             '(c) trenta giorni per i prodotti che non soddisfano
                                                                         alle condizioni di cui alia lettera a) o b).'
   6.     The licence shall be issued without delay to
   the applicant.                                                                          Article 4
   7.     On issue of the import licence , the quantity       This Regulation shall enter into force on 1 January
   of meat for which licences may still be issued on           1978 .
 ---pagebreak--- 28 . 12. 77                                        Official Journal of the European Communities                                                          No L 338 / 11
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 22 December 1977.
                                                                                                           For the Commission
                                                                                                            £tienne DAVIGNON
                                                                                                     Member of the Commission
                                                                                    ANNEX
                                                                                    'ANNEX
                    Products and quantities to be imported on presentation of a purchase contract for meat
                                                                held by an intervention agency
                                                                                                        Quantities in kilograms which       Quantities in kilograms which
      CCT                                                                                               may be imported for every kilo­     may he imported for every kilo­
    heading                                         Description                                         gram of unboned frozen meat         gram oí unboned frozen meat
       No                                                                                               bought   from the intervention      bought from the intervention
                                                                                                                    agencies                             agencies
        1                                                2                                                              \                                     4
     02.01       Meat and edible offals of the animals falling within
                 heading No 01.01 , 01.02, 01.03 or 01.04, fresh, chilled or
                 frozen :
                 A. Meat
                       II . Of bovine animals :
                            (b) Frozen :
                                2. Separated or unseparated forequarters                                              1 00                                 1 -30
                                4 . Other :
                                    (bb) Boned or boneless :
                                         11 . Forequarters, whole or cut into a
                                                maximum of five pieces, each quarter
                                               being in a single block ; "compensated"
                                               quarters in two blocks, one of which
                                               contains the forequarter, whole or cut
                                                into a maximum of five pieces, and
                                                the other, the hindquarter, excluding
                                                the tenderloin , in one piece                                         0-77                                 1 00
                                         22. Crop, chuck and blade and brisket
                                                cuts (e)                                                              0-77                                 1 00
                                         33 . Other                                                                   0-77                                 1 00
 (e) Entry under this subheading is subject to the submission of a certificate issued in accordance with the conditions laid down by the competent authorities of the European
     Communities .'