CELEX: 31975R1585
Language: en
Date: 1975-06-24 00:00:00
Title: Regulation (EEC) No 1585/75 of the Commission of 24 June 1975 amending for the second time Regulation (EEC) No 1090/75 concerning 'EXIM' arrangements in respect of beef and veal

25 . 6 . 75                             Official Journal of the European Communities                           No L 162/7
                             REGULATION (EEC) No 1585/75 OF THE COMMISSION
                                                        of 24 June 1975
              amending for the second time Regulation (EEC) No 1090/75 concerning the
                                    ' EXIM' arrangements in respect of beef and veal
THE COMMISSION OF THE EUROPEAN                                     September 1974 on the sale at prices fixed at a
COMMUNITIES,                                                       standard rate in advance of beef and veal held by the
                                                                   intervention agencies and intended for export, as last
Having regard to the Treaty establishing the European              amended by Regulation (EEC) No 1358 /75, since sales
Economic Community ;                                               under that Regulation are excluded from the EXIM
                                                                   arrangements,
Having regard to Council Regulation (EEC) No
805/68 (•) of 27 June 1968 on the common organiza­
tion of the market in beef and veal, as last amended
by Regulation (EEC) No 1 855/74 (2), and in particular
                                                                   HAS ADOPTED THIS REGULATION :
Article 21 (2) thereof ;
Whereas Commission Regulation (EEC) No
1090/75 (3) of 23 April 1975 on the issue by way of                                          Article 1
protective measures of import licences for certain beef
and veal products (EXIM), as amended by Regulation
(EEC) No 1406/75 (4), makes the import of beef and                 With effect from 1 May 1975, a paragraph 3 as follows
veal products conditional on the export of products                is added to Article 2 of Regulation (EEC) No
from this sector ; whereas it should be expressly made              1090/ 75 :
clear that this condition does not apply to imports
under a Community tariff quota ;                                        '3 . With the exception of animals intended for
                                                                        slaughter, this Regulation shall not apply to
Whereas the EXIM arrangements should be extended                        imports under the Community tariff quotas for
to traders providing supplies under Article 3 of                        bulls, heifers and cows of certain alpine and hill
Commission Regulation (EEC) No 192/75 (5) of 17                         breeds, and for frozen beef and veal .'
January 1975 laying down detailed rules for the appli­
cation of export refunds in respect of agricultural
 products, since such supplies are therein assimilated                                       Article 2
 to exports ;
Whereas it is moreover considered desirable to cover               With effect from 1 May 1975, the following subpara­
the financial loss, incurred by a trader exporting                 graph is inserted after the fourth subparagraph of
 products bought from the intervention agencies at the             Article 3(2) of Regulation (EEC) No 1090/75 :
 prices valid for their disposal on the Community
 market, as fixed by Commission Regulation (EEC) No                     'For the purposes of this Regulation, supplies as
 2073/74 (6), of 5 August 1974 concerning the sale at                   specified in Article 3 of Regulation (EEC) No
 prices fixed in advance at a standard rate of beef and                  192/75 shall be regarded as having left Commu­
veal held by intervention agencies, as last amended by                  nity territory.'
 Regulation (EEC) No 1 358 /75 (7), in the event that he
 fails to obtain an import licence as applied for ;
whereas the amount which a trader must sacrifice in                                           Article 3
 order to be entitled to apply for an import licence is
 not merely the amount of the refund, but also the
 difference between the price paid to the intervention              A paragraph 3 as follows is added to Article 6 of Regu­
 agency and the price which the trader could have paid              lation (EEC) No 1090 /75 :
 had he purchased the meat for export under Commis­
 sion Regulation ( EEC) No 2320/74 (8) of 10                            '3 . At the request of a purchaser of meat under
                                                                         Regulation ( EEC) No 2073 /74 ; the intervention
(')  OJ  No L 148 , 28 . 6. 1968 , p. 24.                                agency shall, in the case of products listed in the
(2 ) OJ  No L 195, 18 . 7. 1974, p. 14.                                  Annex to Regulation ( EEC) No 2320/74, indicate
 (3) OJ  No L 108, 26. 4. 1975, p. 1 .                                   on the contract of sale that the purchaser is
(4 ) OJ  No L 140, 31 . 5. 1975, p. 50 .                                 entitled to the difference between the prices under
 (5) OJ  No L 25, 31 . 1 . 1975, p. 1 .
(b)  OJ  No L 216, 7 . 8 . 1974, p. 11 .                                 those two Regulations, provided that the products
(7)  OJ  No L 138, 29. 5. 1975, p. 19.                                   are exported within the period specified in Article
 (8) OJ  No L 248 , 11 . 9 . 1974, p. 8 .                                2 (2) of Regulation (EEC) No 2320 /74 and that
 ---pagebreak--- No L 162/ 8                     Official Journal of the European Communities                             25 . 6 . 75
  the purchaser fails to obtain the import licence            (c) proof that the purchaser has failed to obtain an
  applied for by him .                                            import licence as applied for by him under
                                                                  Article 4.
  The difference in price shall be paid by the inter­
  vention agency which sold the meat, on presenta­            The intervention agency shall indicate on the
  tion of :                                                   contract of sale that the difference in price has
                                                              been paid .'
  (a) the contract of sale,
                                                                                  Article 4
  (b) proof of exportation as required under para­
      graph 2,                                             This Regulation shall enter into force on 1 July 1975.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 June 1975 .
                                                                    For the Commission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission