CELEX: 51977PC0016
Language: en
Date: 1977-02-07
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) repealing Regulations (EEC) No 888/68, No 990/68 and No 752/74 Concerning the beef and veal sector#PROPOSAL FOR A COUNCIL REGULATION (EEC) adapting Regulations (EEC) Nos 885/68 and 1302/73 to the changes made in the common organization of the market in beef and veal#PROPOSAL FOR A COUNCIL REGULATION (EEC) amending Regulation (EEC) No 989/68 laying down general rules for granting private storage aid for beef and veal#PROPOSAL FOR A COUNCIL REGULATION (EEC) amending Regulation (EEC) No 98/69 laying down general rules for the disposal of frozen beef and veal by intervention agencie#PROPOSAL FOR A COUNCIL REGULATION (EEC) laying down general rules for the system of compensatory amounts for beef and veal (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 16
Vol. 1977/0005
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77) 16 final
                                                 Brussels , 7 February 1977
                 PROPOSAL FOR A COUNCIL REGULATION ( SEC )
      repealing Regulations ( EEC ) No 888/ 68 , No 990/68 and No 752/74
                    Concerning the "beef and veal sector
                 PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      adapting Regulations ( EEC ) Nos 885/68 and 1302/73 to the changes
      made in the common organization of the market in "beef and veal
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                              \
  •*" amending Regulation (EEC) No 989/68 laying down general rules
                for granting private storage aid for "beef
                                and veal
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      amending Regulation (EEC) No 98/69 laying down general rules
      for the disposal of frozen beef and veal "by intervention agencies
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      laying down general rules for the system of compensatory amounts
                           for beef and veal
            ( submitted to the Council by the Commission)
COM(77 ) 16 final
 ---pagebreak---                              Exp lanatory memorandum
At its meeting on 20 and 21 December 1976 the Council adopted a
Regulation amending Regulation ( EEC ) No 805 / 68 on the common
organization of the market in beef and veal- and adjusting Regulation
( EEC ) No 827/ 68 and Regulation ( EEC ) No 950/ 68 on the Common
Customs Tariff .
The adoption of this Regulation means that a number of implementing
regulations must be repealed or adjusted , including several Council
Regulations :
a ) The fol loving Regulations ( EEC ) Nos
                . 888/ 68 laying down general rules on special import
                            terms for certain frozen meats intended for
                            processing ,
                 . 990/ 68 on general rules for fixing the levy on certain
                            kinds of frozen beef and veal ,
                 . 752 / 74 on the extension of the list of products subject
                            to the system . of import , . licences for beef . and
                             veal ,
     should be repealed since they are rendered unnecessary by the
     amendments to the system of trade with non-member countries laid
     down by the Regulation mentioned in 1 . above ;
 b ) The general rules concerning :
                 . export refunds ,
                 . public intervention ,
                 . private storage ,
                 . sale of intervention meat ,
                 . system of " accession " compensatory amounts .
     should be adjusted in accordance with the annexed proposals .
 ---pagebreak--- I                    PROPOSAL FOR A COUNCIL REGULATION
                     repealing Regulations (EEC ) Nos 888/68 ,
                      990/68 and 752/74 concerning the
                     beef and veal sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC ) No 805/68 of 27 June 1968 on the common ^
organization of the market in beef and veal (l )» as last amended by Regulation (EEC ,
No 568/76 (2 ). and in particular the second subparagraph of Article 13(2 ), and
Articles 14(3 ) and 15(2 ) thereof ,
Having regard to the proposal from the Commission,
Whereas , on account of the substantial changes in the common organisation of the
market in beef and veal           made       by Council Regulation (EEC ) No       /77
of        January 1977 ( 3 ), "the following Regulations are no longer necessary :
- Council Regulation (EEC ) No 888/68 of 28 June 1968 laying down general rules
      on special import terms for certain frozen meats intended for processing (4), &s
      last amended by Regulation (EEC ) No 2725/71 ( 5)i
- Council Regulation (EEC ) No 990/68 of 15 July 1968 on general rules for fixing
      the levy on certain kinds of frozen beef . and veal (6 );
- Council Regulation (EEC ) No 752/74 of 29 March 1974 on the extension of the list
      of products subject to the system of import licences for beef and veal (7 )»
Whereas these Regulations should consequently be repealed ,
 HAS ADOPTED THIS REGULATION:
                                       Article 1
 Regulations (EEC ) Nos 888/68 , 990/68 and 752/74 are hereby repealed.
                                       Article 2
 This Regulation shall enter into force on 1 April 1977 *
 This Regulation shall be binding in its entirety and directly applicable in all
 Member States .
 Done at Brussels ,                                                ^or ^e Council
  71)
    1)                                 2.
         OJ No L 148 , 28.6.1968 , p. 24       5) OJ No L 282 , 23.i2.i97i , P « 5
  (2)    OJ No L 67 , 15.3.1976 , p. 28        6) OJ No L 169 , 18.7.1968 , P. 12
  f3 )   OJ                                    7) OJ No L 86 , 30.3.1974 , P. 75
    1
  ( 4) OJ No L 156 , 4.7.1968 , p. 7
 ---pagebreak---                                   PROPOSAL FOR A COUITCTL REGULATION"
                                 adapting Regulations (EEC ) Nbs 885/68 and 1302/73
                                 to the changes made in the common organisation of
                                 the market in "beef and veal
      S COUNCIL OF THE EUROPEAN" COMMUNITIES ,
     Vj.ng regard to the Treaty establishing the European Economic Community ,
     ving regard to Council Regulation (EEC ) No 805/68 of 27 June 1968 on the
     mmon organisation of the market in "beef and veal ( 1 ), as last amended "by
     gulation (EEv ) ITo      /77\2 ) f and in particular Articles 6(4 ) 0x16. 18(4 )
     ereof ,                                                                     K '
    .ving regard to the proposal from the Commission ,
     ereas the substantial changes made in the common organisation of the market in beef
   .d veal "by Regulation (EL^C ) No       /77 call for certain "technical adjustments to
     uncil Regulation (EEC ) No 885/68 of 28 June 1968 laying down general rules for
     ant ing expor o refunds 011 beef and veal and criteria for fixing the amount of such
 .■ funds ( 3 ), as amended ty Regulation (EEC ) ¥0 1504/76 (4 ), and to Council Regulation
  EC ) No 1302 /73 of 15 May 1973 laying down general rules for intervention on the
  irket in beef and veal ( 5 ), as amended by Regulation (EEC ) No 1729/74 ( 6 ),
 IS ADOPTED THIS REGULATION :
                                    Article 1
 he second subparagraph of Article 2 of Regulation (EEC ) No 885/68 is hereby
 mended to read as follows :
 Furthermore , for the purpose of calculating the refund on products other than
 ovine animals , the coefficients referred to in Articles 10(4 ) and 11 ( 4 ) of
 Regulation (EEC ) No 805 /68 may be taken into account ."
                                    Article 2
In Article 3 ( l ) ( a) and in the second subparagraph of Article 3 ( 2 ) of Regulation
'EEC ) No 1302 /73 , the words "Article 10 ( 5 )" are hereby replaced by " Article 12
  6 )".
                                     Article 3
This Regulation shall enter into force on 1 April 1977 *
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
 Done at Brussels ,                                               For the Council
 ( 1 ) 0J No L 148 , 28.6.1968 , p. 24
 ( 2 ) 0J No L
  ( 3 ) 0J No L 156 , 4.7.1968 , p . 2
  ( 4 ) 0J No L 168 , 28.6.1976 , p . 7
  ( 5 ) 0J    No L 132 , 19.5.1973 , p . 3
   ( 6 ) 0J No L 182 , 5.7.1974 , p . 4
 ---pagebreak---                                    PROPOSAL FOR
III .                COUNCIL REGULATION (EEC )
          amending Regulation (EEC) No 989/ 68 laying down general rules
         for granting private storage aid for beef and veal
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard, to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No 805/68 of 27 June 1968 on the
common organization of the market in beef and veal v     , as last amended by
Regulation (EEC) No        /77^\ and in particular Article 8 (1 ) thereof,
Having regard to the proposal from the Commission ,
Whereas Regulation (EEC ) No        /77 has removed the possibility
of importing certain types of frozen meat with total suspension of the levy
on presentation of a contract for private storage aid ;
Whereas , moreover , the amendments made to Regulation (EEC ) No
805/68 require certain adjustments to be made to Council Regulation (EEC ) No
989/68 of 15 July 1968 laying down general rules for granting private storage
aid for beef and veal^\
HAS ADOPTED THIS REGULATION :
 1 ) OJ lo L 148 , 28 . 6.1968 , p. 13 .
 2 ) OJ No L
 3)  OJ No L 165 , 15. 7.1968 , p. 10.
 ---pagebreak---                                 Article    1
 rticle 1 ( 2 ) of Regulation (EEC) No 989/68 is hereby amended to reax as follows :
    w2 » Private storage aid may "be granted only in respect of products
         derived from bovine animals originating in the Community which
         are stored as one of the cuts listed in Seotion (b) of the Annex
         to Regulation (EEC) No 805/68 under conditions to be determined."
                                Article     2
irtiole 4 ( l ) of Regulation (EEC) Wo 989/68 is hereby amended to read as follows :
    "1 . The amount of aid shall be either :
         – determined by means of an invitation to tender published in the
            Official Journal of the European Communities , or
         – fixed in advance . n
                                 Article 3
Article 6 (a) of Regulation (EEC) No 989/68 is hereby amended to read as follows :
    n(a) there shall be a single amount for each product taking into account
          storage costs , normal depreciation of quality and , as far as possible,
          any-foreseeable increase in the price cf the product in question?"
                                Article 4
This Regulation shall enter into force on 1 April 1977 *
This Regulation shall be binding in its entirety and directly ac.jl.'O
all Member States .
Done at Brussels ,                                            ^ * '"' 1 '•
 ---pagebreak---               PROPOSAL FOR A COUNCIL REGULATION
 amending Regulation(EEC ) No 98/69 laying down general rules for the disposal
 of frozen "beef and veal by intervention agancies
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No 805/68 of 27 June 1968 on the
                                                     1
common organization of the market in beef and veal , as last amended by
                              ?
Regulation (EEC ) No       /77 > and in particular Article 7 ( 2 ) thereof,
Having regard to the proposal from the Commission,
Whereas since the adoption of Council Regulation (EEC ) No $3/6$ of 1 6 January
1969 laying down general rules for the disposal of frozen beef and veal by
intervention agencies^ the system of intervention buying and the system of
trade with non-member countries have both been changed ;
Whereas in recent years the situation on the market in beef has been marked
by massive and continual intervention buying; whereas the resulting stocks
have brought about various new measures for the disposal of the products
concerned ;
Whereas experience and the changes made to the common organization of the
market in beef and veal by Regulation (EEC ) No        /77 require that
Regulation (EEC ) No $8/69 be adjusted , in particular , as regards disposal
in those cases where market prices are lower than the intervention price ,
                                                                     9 9 9/ • • •
1 0J No L 148, 28.6.1968 , p. 24
20J No L ,
30J No L 14, 21.1.1969, p. 2
 ---pagebreak---                                       - 2 -
HAS ADOPTED THIS REGULATION :
                                   Article 1
Article 1 of Regulation (EEC ) No 98/69 is hereby amended to read as follows :
                                 " Article 1
1 . Disposal of the products held by intervention agencies may be undertaken
    only :
     ( a ) if the price of adult bovine animals recorded in accordance with
           Article 12 ( 6 ) of Regulation (EEC ) NO 805/68 , adjusted by the coeffi­
           cient fixed in accordance with Article 10 (4 ) thereof in the case of
           fresh or chilled meat in carcases , half-carcases or compensated
           quarters , exceeds the intervention price referred to in the second
           subparagraph of Article 6 ( 1 ) thereof or
     (b ) for the purpose of implementing Article 14 ( 3 ) ( b ) of Regulation
           (EEC ) No 805/68 , or
     ( c ) where removal from storage is necessary for technical reasons , or
    ( d ) where the products are put up for sale either to be exported of to
           be used for speoial purposes .
2 . In cases under paragraph 1 ( d ), special conditions may be laid down
    to ensure that the products are not used for any purpose other than
    that for which they were intended and to taJce account of the particular
    requirements of such sales .
    To ensure that the obligations entered into are fulfilled , such conditions
    may include the lodging of a security which shall be forfeited in whole or
    in part if the said obligations are not or are only partially fulfilled ."
                                     Article 2
    This Regulation shall enter into force on 1 April 1977 *
    This Regulation shall be binding in its entirety and directly applicable
    in all Member States .
                                                               For the Council
    Done at Brussels ,                                               President
 ---pagebreak---                                - 1 -
                           Proposal for
V                    COUNCIL REGULATION ( EEC )
                                of
laying down general rules for the system of compensatory amounts
for "beef and veal .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Accession Treaty ( 1 ), and in particular Article
62(1 ) of the Act annexed thereto ,
Having regard to the proposal from the Commission ,
Whereas pursuant to Article $0 of the Act the provisions of Articles 51
and 52 apply to the guide prices in the "beef and veal sector ;
Whereas Articles 51 and 52 of the Act enable the prices for the new
Member States to he fixed at a level which may he different from the
level of common prices ; whereas pursuant to Article 55 of the Act the
differences in price levels are to be compensated for "by a system of
compensatory amount s ;
Whereas the compensatory amounts applicable in trade between the
Community as originally constituted and the new Member States , and
between those States and third countries , are to be equal to the
difference between the prices fixed for the new Member State concerned
and the common prices , corrected to the extent necessary by the amount
of the customs duties ;
Whereas , for the beef and veal sector , the general rules of the
system of compensatory amounts were laid down by Council Regulation
(EEC ) NO 181/73 of 23 January 1973 ( 2 ); whereas , since the arrangements
applicable to imports from third countries laid down in Council
Regulation (EEC ) No 805/68 of 27 June 1 968 on the common organization
of the market in beef and veal ( 3 ) were substantially amended by
Regulation (EEC ) No      /77 ( 4 ); the system of compensatory amounts
should be adjusted accordingly ;
Whereas   customs duties between the Community as originally constituted
and the   new Member States have been gradually eliminated and the Common
Customs   Tariff has been gradually introduced in the new Member States ,
so that   the total elimination of an intra–community customs duties and
the complete application of Common Customs Tariff duties in respect of
products covered by Regulation (EEC ) No 805/68 will be achieved from the
                                                                  /■
( 1 ) 0J
      OJ No L 73 , 27.3.1972 , p. 5
(2 )  OJ No L 25 , 30.1.1973 , P. 9
  3   OJ No L 148 , 28.6.1968 , p . 24
(4)   OJ No L
 ---pagebreak---                                 - 2 -
"beginning of the 1977/78 marketing year ; whereas it is therefore no longer
necessary to provide for the adjustment of compensatory amounts "by the
 amount of the customs duties in a system that is to take effect on 1 April
 1977 ;
Whereas , in view of the extent of the amendments , Regulation ( EEC ) Ho
 181 /73 should "be replaced ;
Whereas if the levy is reduced in accordance with Article 12 of Regulation
 ( EEC ) Wo 805 /68 the compensatory amounts should also be reduced in order to
maintain Comunity preference ; whereas , in order to avoid deflections of
trade , the same reduction must also "be applied to the amounts granted and
the amounts levied ;
Whereas the compensatory amounts applicable to the types of meat referred
to in the Annex to Regulation (EEC ) No 805/68 must "be derived from the
compensatory amounts applicable to bovine animals ; whereas they can be
derived by using the coefficients used to calculate the levies ; whereas ,
however , the application of these coefficients can ca^Je deflections of
trade since the presentation of certain cuts can be advantageous or dis­
advantageous depending on whether an amount is levied or granted ;
Whereas Article 55 (4 ) of the Act provides that no compensatory amount
shall be fixed if its calculation results in a minimal amount ; whereas ,
therefore , an amount should be fixed that can be considered as minimal ;
Whereas Article 55 ( 3 ) of the Act provides that the compensatory amounts
applicable in trade between the new Member States shall be determined by
direct reference to the compensatory amounts fixed for each of those
States ; whereas , more specifically , provision should be made that in
each case these amounts Should equal the difference in prices existing
between the Member States concerned , which have been used to determine
the compensatory amounts applicable in trade with the Community as
originally constituted ;
Whereas since the purpose of compensatory amounts in intra-Community
trade is to provide satisfactory conditions for the movement of products
between two Member States with different price levels , a compensatory
amount should be levied for imports into a Member St,ate with a higher
price level and conversely , such an amount shoud be granted for exports
to a Member State with a lower price level ;
Whereas Article 55 ( l ) ( a ) of the Act , under which compensatory amounts
are to be levied by the importing Member State or granted by the exporting
Member State , means that the task of levying or granting these amounts
devolves on the Member State with the higher price level ;
Whereas rules for the levying and granting of compensatory amounts
should be fixed so as to avoid deflections of trade ,
HAS ADOPTED THIS REGULATION :
                                                                       ./•
 ---pagebreak---                                      - 3 -
                                    Article 1
1. The    compensatory amounts for "bovine animals , applicable in trade
   "between the Community as originally constituted and the new Member
    States , and between those Member States and third countries , shall
   be equal to the difference between the guide price applicable in
    each of the new Member States and the guide price applicable in the
    Community as originally constituted .
2. The compensatory amounts for the meat specified in sections ( a), ( c )
    and ( d ) of the Annex to Regulation (EEC ) Ho 805/68 , applicable in
   trade between the Community as originally constituted and the new
   Member States , and between those Member States and third countries ,
    shall be derived from the compensatory amounts referred to in paragraph
    1 in accordance with the rules for calculating the levy pursuant to
   Article 10 (4 ) of Regulation (EEC ) Bo 805/68 .
                                    Article 2
1. The compensatory amount for the meat specified under subheading
    02.01 A II b ) 1 in section (b ) of the Annex to Regulation (EEC ;
   Ho 805/68 applicable in trade between the Community as originally
   constituted and the new Member States , and between those Member
    States and third countries , shall be equal to the compensatory amount
    for bovine animals multiplied by the coefficient referred to in Article
    11 ( 2 ) ( a ) of Regulation (EEC ) Ho 805/68 .
2.  The compensatory amounts for the meat specified under subheadings
    02.01 A II (b ) 2 , 02.01 A II (b ) 3 and 02.01 A II (b ) 4 » in section
    (b ) of the Annex to Regulation (EEC ) Ho 805/68 , applicable in trade
   between the Community as originally constituted and the new Member
    States , and between those Member States and third countries , shall
   be derived from the compensatory amount applicable to the meat referred
   to in paragraph 1 multiplied by the coefficients referred to in
   Article 11 ( 4 ) of Regulation ( EEC ) Ho 805/68 .
                                    Article 3
   The compensatory amounts applicable in trade between two new Member
   States shall be equal to the difference between the compensatory
   amounts applicable in trade between each of those new Member States
   and the Community as originally constituted . J
                                    Article 4
   The compensatory amounts may be calculated using coefficients other
   than those referred to in Articles 1 and 2 where this is necessary
   in order to avoid deflections of trade .
                                    Article 5
1. If the levies are reduced in accordance with Article 12 ( 1 ) and ( 5 )
   of Regulation (EEC ) Ho 805/68 the compensatory amounts for
                                                                          •/.
 ---pagebreak--- "bovine animals and for "the meat referred to in Articles 1 ( 2 ) and
2 shall "be reduced "by an amount equal to the incidence of the
percentage reduction in the levy , applied to the compensatory amount
to be levied in trade "between the new Member States and the Community
as originally constituted .
 In this case , in trade between new Member States , Article 3 shall
apply to the amounts resulting from the reduction .
                            Article 6
The compensatory amount shall not be fixed if it is less than one
unit of account per 100 Kilograms .
 ---pagebreak---                                   - 5 -
                               Article 7
   In trade between the new Member States and. between those States
   and the Community as originally constituted , the compensatory amounts
   shall be levied or granted by that Member State of the two States
   concerned in which the guide price used to determine the compensatory
   amounts is the higher .
                               Article 8
1. In trade between the new Member States and third countries , the
   compensatory amounts shall be deducted from levies and refunds .
2. If a compensatory amount is fixed for a product and the refund is
   less than the compensatory amount or has not been fixed , provision
   may be made for the new Member State concerned , on the export to
   third countries of the product concerned , to levy an amount equal
   to not more than the difference between the compensatory amount and
   the refund or , depending on the case , to the compensatory amount .
                               Article 9
   The compensatory amount applied shall be the amount in force on the
   day of import or export .
                               Article 10
   The detailed rules for the granting, levying and recovery of compen­
   satory amounts shall be adopted so as , in particular , to avoid
   deflections of trade and in accordance with the procedure laid down
   in Article 27 of Regulation (EEC ) No 805/68 .
   The detailed rules for the application of this Regulation shall be adopted
   in accordance with the same procedure .
   The compensatory amounts shall be fixed by the Commission.
                               Article 11
   Regulation ( EEC ) No l8l /73 is hereby repealed .
                               Article 12
   This Regulation shall enter into force on 1 April 1977 *
   This Regulation shall be binding in its entirety and directly applicable
   in all Member States .
                                                       For the Council
   Done at Brussels ,                                  The President