CELEX: 51987PC0513(04)
Language: en
Date: 1987-10-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATIONS ( EEC ) NO 2759/75 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT AND NO 2766/75 ESTABLISHING THE LIST OF PRODUCTS FOR WHICH SLUICE-GATE PRICES ARE TO BE FIXED AND LAYING DOWN THE RULES FOR FIXING THE SLUICE-GATE PRICE FOR PIG CARCASES

No C 344/12                             Official Journal of the European Communities                                     21. 12. 87
                        CN code                               Description                                 Period
                  ex 0708 20             Beans (of the species Phaseolus) (not including
                                         beans for shelling or shelled beans)                    1 June to 30 September
                      0709  10 00        Globe artichokes                                        15 March to 30 June
                      0806  10 11 1
                      0806  10 15   •    Fresh table grapes                                      1 July to 31 January
                      0806  10 19
                  ex 0807   10           Melons                                                  1 July to 15 October
                      0809  10 00        Apricots                                                5 June to 31 July'
               Proposal for a Council Regulation amending Regulation (EEC) No 2759/75 on the common
              organization of the market in pigmeat and Regulation (EEC) No 2766/75 establishing the list
               of products for which sluice-gate prices are to be fixed and laying down the rules for fixing
                                              the sluicegate price for pig carcases
                                                        COM(87) 513 final
                             (Submitted by the Commission to the Council on 9 November                1987)
                                                           (87/C 344/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                amended by Regulation (EEC) No 1475/86 (3), according
                                                                        to the terms of the combined nomenclature based on the
Having regard to the Treaty establishing the European                   harmonized system;
Economic Community, and in particular Articles 42 and 43
thereof,                                                                Whereas certain edible flours and meals of meat or meat
                                                                        offal are classified in subheadings of heading No 02.06 of
Having regard to the proposal from the Commission,                      the Common Customs Tariff at present in force, which are
                                                                        covered by Regulation (EEC) No 2759/75; whereas, in the
Having regard to the opinion of the Economic and Social                 combined nomenclature based on the harmonized system,
Committee,                                                              by way of simplification, a single subheading has been
                                                                        established to cover all edible flours and meals of meat or
In cooperation with the European Parliament,                            meat offal; whereas it is desirable that the said flours and
                                                                        meals be covered by Council Regulation (EEC) No 805/68
Whereas the Community is a contracting party to the                     of 27 June 1968 on the common organization of the market
International Convention on the Harmonized Commodity                    in beef and veal (4), as last amended by Regulation (EEC)
Description and Coding System, hereinafter referred to as               No 000/88; whereas, as a consequence, they should no
'the harmonized system', which replaces the Convention of               longer be covered by Regulation (EEC) No 2759/75;
15 December 1950 on Nomenclature for the Classification
of Goods in Customs Tariffs;                                            Whereas, since pig fats from bones or waste are not listed in
                                                                        Annex II to the Treaty, they are excluded from application
Whereas, from 1 January 1988, there is established by                   of the provisions therein concerning agriculture, whilst lard
Council Regulation (EEC) No 2658/87 of the 23 July 1987                 and other pig fats obtained from other parts of the animal
of the Council (J) a combined goods nomenclature based                  are subject thereto; whereas, in the harmonized system,
on the harmonized system which will meet the require-                   fats from bones or waste are classified in the same heading
ments both of the Common Customs Tariff and of the                      of the nomenclature as lard and other pig fats; whereas,
external trade statistics of the Community;                             because of the technical development in the processing of
                                                                        animal fats, it is impossible to distinguish between fats
Whereas, as a consequence, it is necessary to express the               from bones or waste and lard and other fats obtained from
descriptions of goods and tariff heading numbers which                  swine; whereas measures adopted for lard and other pig
appear in Council Regulation (EEC) No 2759/75 (2), as last              fats in respect of trade with third countries and the
 (!) OJ No L 256, 7. 9. 1987, p. 1.                                      (3) OJ No L 133, 21. 5. 1986, p. 39.
 (2) OJ No L 282, 1. 11. 1975, p. 1.                                     (4) OJ No L 148, 28. 6. 1968, p. 24.
 ---pagebreak--- 21. 12. 87                               Official Journal of the European Communities                                      No C 344/13
marketing rules adopted for lard and other pig fats should              economic reality as       regards the fixing of additional
be extended to fats from bones or waste of swine;                       amounts; whereas it      is appropriate, consequently, to fix
                                                                        sluice-gate prices for   all products covered by Regulation
Whereas homogenized preparations of meat, meat offal or                 (EEC) No 2759/75         and to repeal Regulation (EEC)
blood, preparations of animal blood, and stuffed pasta                  No 2767/75;
containing more than 20 % by weight of sausages and the
like, meat and meat offal, including fats, may be classified,           Whereas numerous Regulations in the pigmeat sector must
according to their essential character, in various subhead-             be adapted in the light of the new nomenclature; whereas,
ings of heading No 16.02 of the Common Customs Tariff                   under Article 15 of Regulation (EEC) No 2658/87, the
at present in force; whereas, in the combined nomenclature              changes made may be of a technical nature only; whereas,
based on the harmonized system, by way of simplification,               accordingly, a provision should be introduced whereby all
single subheadings have been established to cover homoge-               other adjustments to Council and Commission Regulations
nized preparations that is to say preparations of blood of              on the common organization of the market in pigmeat
any animal and stuffed pasta containing more than 20 % by               should be made in accordance with the procedure laid
weight of sausages and the like, meat and meat offal,                   down in Article 24 of Regulation (EEC) No 2759/75,
including fats of any kind or origin; whereas it is desirable           provided that such adjustments are required solely as a
that the said preparations falling within the aforemen-                 result of the introduction of the harmonized system.
tioned subheadings of the combined nomenclature be
covered by Regulation (EEC) No 2759/75;
                                                                        HAS ADOPTED THIS REGULATION:
Whereas the formulation of the description of goods and
tariff numbers in terms of the combined nomenclature
implies inter alia the adaptation of Council Regulation                                              Article 1
(EEC) No 2766/75 (J), as last amended by Regulation
(EEC) No 1905/83 (2), as well as of Council Regulation
(EEC) No 2767/75 of 29 October 1975 laying down general                 Regulation (EEC) No 2759/75 is hereby amended as
rules for the system of 'pilot products and derived products'           follows:
enabling additional amounts to be fixed for pigmeat (3), as
last amended by Regulation (EEC) No 1906/83 ( 4 );
whereas Regulation (EEC) No 2767/75 no longer reflects
                                                                        1. Article 1 (1) is replaced by the following:
(!) OJ No L 282, 1. 11. 1975, p. 25.
(2) OJ No L 190, 14. 7. 1983, p. 1.                                         ' 1 . The common organization of the market in
(3) OJ No L 282, 1.11. 1975, p. 29.                                         pigmeat shall comprise a price and trading system and
(4) OJ No L 190, 14. 7. 1983, p. 4.                                         cover the following products:
                        CN code                                                Description
               (a) ex 0103                Live swine, of domestic species, other than pure-bred breeding animals
               (b) ex 0203                Meat of domestic swine, fresh, chilled, or frozen
                   ex 0206                Edible offal of domestic swine, other than for the manufacture of pharmaceutical
                                          products, fresh, chilled or frozen
                   ex 0209 00             Pig fat free of lean meat (not rendered), fresh, chilled, frozen, salted, in brine,
                                          dried or smoked
                   ex 0210                Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked
                      1501 00 11          Lard and other pig fat, rendered, whether or not pressed or solvent extracted
                      1501 00 19
 ---pagebreak--- No C 344/14                             Official Journal of the European Communities                                        21. 12. 87
                        CN code                                             Description
               (c)    1601 00             Sausages and similar products, of meat, meat offal or blood; food preparations
                                          based on these products
                      1602 10 00          Homogenized preparations of meat, meat offal or blood
                      1602 20 90          Preparations or preserves of liver of any animal, other than goose or duck
                      1602 41 10          Other preparations and preserves containing meat or offal of domestic swine
                      1602 42 10
                      1602 49 ll->50
                      1602 90 10          Preparations of blood of any animal
                      1602 90 51          Other preparations or preserves containing meat or meat offal of domestic swine
                      1902 20 30          Stuffed pasta, whether or not cooked or otherwise prepared, 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'
   In Article 3, the text of the third paragraph is replaced                   the sluice-gate prices for pig carcasses on the basis of
   by the following:                                                           the ratio fixed for these products under Article
                                                                               10 (4).'
   'Intervention agencies shall buy in carcases or half-
   carcases, fresh or chilled (subheading 0203 11 10 of the                (b) the second indent of paragraph 4 is deleted.
   combined nomenclature); they may buy in bellies
   (streaky), fresh or chilled (subheading ex 0203 19 15),
   and unrendered pig fat, fresh or chilled (subheading ex             5. Article 13 is amended as follows:
   0209 00 11).'
                                                                           (a) The second subparagraph of paragraph 1 is deleted,
                                                                           (b) Paragraph 4 is deleted.
3. Article 10 is amended as follows:
   (a) Paragraph 2(b) is replaced by the following:                                                Article 2
       '(b) a second component equal to 7 % of the average             Article 1 of Regulation (EEC) No 2766/75 and the Annex
            offer price determined on the basis of imports             thereto are hereby repealed.
            effected during the 12 months preceding 1 May
            of each year. However, for products falling                                            Article 3
            within heading Nos ex 1602 and ex 1902, the
            aforesaid percentage shall be 10 %.                        Regulation (EEC) No 2767/75 is hereby repealed.
            This component shall be calculated once a year                                         Article 4
            for the 12 months beginning 1 August.'
   (b) Paragraph 3 is replaced by the following:                       The Commission, in accordance with the procedure
                                                                       provided for in Article 24 of Regulation (EEC) No 2759/75,
       '3. By way of derogation from the provisions of                 shall make the necessary adaptations to Council or
       paragraphs 1 and 2, for products falling within                 Commission acts concerning the common organization of
       subheadings 0206 30 21, 0206 30 31, 0206 4 1 9 1 ,              the markets in pigmeat which result from the application of
       0206 49 91, 1501 00 11, 1601 00 10 and 1602 20 90               Article 1.
       in respect of which the rate of duty has been bound
       within GATT, the levies shall be limited to the                                             Article 5
       amount resulting from that binding.'
                                                                       This Regulation shall enter into force on the third day
                                                                       following its publication in the Official of the European
4. Article 12 is amended as follows:                                   Communities.
   (a) Paragraph 3 is replaced by the following:                       Articles 1, 2 and 3 shall apply from 1 January 1988.
       '3. For products liste'd in Article 1 (1), other than           This Regulation shall be binding in its entirety and directly
       pig carcases, sluice-gate prices shall be derived from          applicable in all Member States.