CELEX: 31978R0572
Language: en
Date: 1978-03-21 00:00:00
Title: Commission Regulation (EEC) No 572/78 of 21 March 1978 laying down detailed rules for the application of special import arrangements for certain types of frozen beef intended for processing and repealing Regulation (EEC) No 597/77

22. 3 . 78                            Official Journal of the European Communities                               No L 78 / 17
                                    COMMISSION REGULATION ( EEC) No 572/78
                                                     of 21 March 1978
             laying down detailed rules for the application of special import arrangements
              for certain types of frozen beef intended for processing and repealing Regula­
                                                   tion ( EEC) No 597/77
THE COMMISSION OF THE EUROPEAN                                  Whereas, when the special arrangements under Article
COMMUNITIES,                                                     14 (3) (b) of Regulation (EEC) No 80.5/68 apply, they
                                                                can have an economic effect only if the arrangements
Having regard to the Treaty establishing the European           under Article 14 (3) (a) are simultaneously suspended ;
Economic Community,
                                                                Whereas implementation of the arrangements under
                                                                Article 14 of Regulation (EEC) No 805/68 requires
Having regard to Council Regulation (EEC) No                    effective supervision of the processing of imported
805/68 of 27 June 1968 on the common organization               meat ; whereas processing should therefore be autho­
of the market in beef and veal ('), as last amended by           rized only on the territory of the importing Member
Regulation (EEC) No 425/77 (2), and in particular Arti­         State ;
cles 14 (4) (c) and 25 thereof,
                                                                Whereas this Regulation incorporates the provisions
Whereas Article 14 of Regulation (EEC) No 805/68                of Commission Regulation (EEC) No 597/77 of 18
lays down special arrangements for imports of certain           March 1977 laying down detailed rules for the applica­
types of frozen beef intended for processing ; whereas           tion of special import arrangements for certain types
these arrangements consist of the total suspension of            of frozen beef intended for processing (3), as last
the import levy on such frozen meat, where it is                amended by Regulation (EEC) No 2901 /77 (4);
intended for the manufacture of preserved food                  whereas Regulation (EEC) No 597/77 should therefore
containing no characteristic components other than              be repealed ;
beef and jelly, and of the total or partial suspension of
the levy on imports of other types of frozen beef               Whereas the measures provided for in this Regulation
intended for the manufacture of other processed                  are in accordance with the opinion of the Manage­
products ;                                                       ment Committee for Beef and Veal ,
Whereas special provisions must be laid down to
ensure that frozen meat imported with suspension of
the levy is not deflected from its destination or use ;          HAS ADOPTED THIS REGULATION
whereas such suspension should therefore be made
conditional inter alia upon the production by the
importer of a declaration as to such destination and                                      Article 1
purpose and the lodging by him of a security ;
                                                                 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 :
meat content ; whereas coefficients should be fixed to
take account of the quantity of frozen meat necessary            (a) he produces a written declaration , made at the
for the manufacture of each such group ;                             time of importation , that the frozen meat is
                                                                     intended for use in the importing Member State :
Whereas the manufacturing process for homogenized                    (aa) for the manufacture of preserved food as
preserved food is different from that for other                            referred to in Article 14 ( 1 ) (a) of Regulation
preserved food ; whereas coefficients which take                          (EEC) No 805/68, or
account of its special characteristics should therefore
be fixed for the said preserved food ;                               (bb) for the manufacture of other products as
                                                                           referred to in Article 14 ( 1 ) (b) of that Regula­
                                                                           tion ;
Whereas the application of the special arrangements
under Article 14 (3) (b) of Regulation (EEC) No                  (b) he lodges a security equal to the amount
805/68 presupposes that there is an intervention                     suspended of the levy applicable on the day of
agency holding frozen meat ;                                         importation ;
[') OJ No L 148 , 28 . 6. 1968, p . 24.                         (3) OJ No L 76, 24. 3 . 1977, p. 1 .
(2) OJ No L 61 , 5 . 3 . 1977, p. 1 .                           (4) OJ No L 338 , 28 . 12 . 1977, p. 9 .
 ---pagebreak--- No L 78 / 18                       Official Journal of the European Communities                                 22 . 3 . 78
(c) he produces a written undertaking, given at the           — into products other than those specified in Article
     time of importation , to pay the additional sum               1 ( 1 ) (a) of that Regulation or referred to in para­
     referred to in paragraph 8 in respect of the quan­           graph 5 above, or
     tity of frozen meat imported in respect of which         — into          products   falling   within     subheading
     the proof referred to in paragraph 3 is not                   02.06 C I a) 2 of the Common Customs Tariff.
     furnished ;
(d) as regards the arrangements under Article 14 ( 1 )        7.     For the purposes of this Regulation , 100 kilo­
     (b) of Regulation (EEC) No 805/68 , he produces          grams of unboned meat shall be deemed equal to 77
     an undertaking, given at the time of importation ,       kilograms of boned meat.
     to inform the competent authorities of the
                                                              8 . The additional sum mentioned in paragraph 1
     importing Member State, within one month                 (c) shall be equal to the highest levy applicable to
      following the date of importation , of the establish­   imports of frozen meat falling within the subheading
      ment or establishments where the imported meat          in question , effected during the period between the
     will be processed .                                      day of importation and the last day on which the
2. The security shall be lodged, at the choice of the         proof referred to in paragraph 3 may be furnished, less
applicant, either in cash or in the form of a guarantee       the amount of the security which has not been
given by an institution meeting the criteria laid down        released . This sum shall be paid as levy.
by the Member State on whose territory importation is
to be effected .                                                                         Article 2
 3 . Except in case of force majeure, the security             1 . Article 14 (3) (b) of Regulation (EEC) No 805/68
 referred to in paragraph 1 (b) shall not be released in      may be applied when it is found that the quantities of
whole or in part unless, within six months following          frozen meat held by the intervention agencies exceed
 the month of importation, proof is furnished to the          or are likely to exceed 10 000 tonnes .
 satisfaction of the competent authorities of the
 importing Member State that all or part of the               2. Where Article 14 (3) (b) of Regulation (EEC) No
 imported frozen meat has been processed within three         805/68 is applied the measures provided for in Article
 months of importation in the establishment specified          14 (3) (a) of that Regulation shall be suspended.
 on the import licence or notified in accordance with
 paragraph 1 (d).                                             3 . Article 1 shall apply in the case provided for in
                                                              paragraph 1 .
The amount of the security released shall be in propor­
 tion to the quantity for which proof of processing is
 furnished .                                                                             Article 3
 The security shall be released immediately after such        Member States shall set up a system of customs or
 proof has beefi furnished . The amount of the security       administrative supervision to ensure that the meat is
 not released shall be forfeit and retained as levy.           processed, and in particular a form of control to
                                                              enable the quantity of boned frozen meat used in the
 4.     In the case of frozen meat imported under the          manufacture of homogenized preserved food to be
 arrangements provided for in paragraph 1 (a) (aa), the       determined .
 proof referred to in paragraph 3 shall not be regarded
 as furnished unless the quantity of preserved food
                                                                                         Article 4
 manufactured from such meat is at least equivalent to
 the quantity imported.                                        Member States shall communicate to the Commission
 The coefficients for determining the quantity of              not later than the 15th day of each month :
 frozen boned meat contained in a given quantity of           (a) giving separate particulars the subheadings for
 preserved meat are set out in the Annex hereto.                   frozen meat and for each of the arrangements
                                                                   provided for in Article 14 ( 1 ) of Regulation (EEC)
 5.     For the purpose of Article 14 ( 1 ) (a) of                 No 805/68 , the quantities imported during the
 Regulation (EEC) No 805/68 'preserved food'                       preceding month ;
 means       products     falling  within      subheading
  16.02 B III b) 1 bb) of the Common Customs Tariff,          (b) the quantities imported, broken down as indicated
 containing by weight 20 % or more of meat of bovine               under (a), in respect of which the proof referred to
 animals, excluding offal and fat, in which beef and               in Article 1 (3) has been furnished during the
 jelly account for at least 85 % of the total net weight.          preceding month ;
                                                              (c) the quantities of products manufactured during the
 6. For the purpose of Article 14 ( 1 ) (b) of Regula­             preceding month, broken down by type of
 tion (EEC) No 805/68 , 'manufacture' means the                    products and expressed in net weight of the
 processing :                                                      finished product.
 ---pagebreak--- 22 . 3 . 78                            Official Journal of the European Communities                               No L 78 / 19
                           Article 5                                 shall be construed as references to this Regulation or
                                                                     to the corresponding Articles of this Regulation .
1.     Regulation ( EEC) No 597/77 is hereby repealed .
                                                                                             Article 6
2. Any reference to Regulation (EEC) No 597/77 or                    This Regulation shall enter into force on 1 April
to Articles contained therein in any Community Act                   1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 21 March 1978 .
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                                   Vice-President
                                                               ANNEX
                                                        Product                                       Coefficient
               I. Preserved food , other than homogenized , containing the following percentages
                   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 % of meat excluding offal and fat                  0-90
                   4. 20 % or more but less than 40 % of meat, excluding offal and fat                  0-30
              II . The coefficient applicable in respect of homogenized preserved meat shall be
                   in figures corresponding to the quantity, expressed in kilograms of boned
                   frozen meat, used in the manufacture of one kilogram of preserved meat .