CELEX: 31976R0076
Language: en
Date: 1976-01-16 00:00:00
Title: Commission Regulation (EEC) No 76/76 of 16 January 1976 setting up a system linking imports of beef and veal products effected by way of protective measures with the sale of beef held by intervention agencies

17 . 1 . 76                               Official Journal of the European Communities                            No L 10 / 21
                                        COMMISSION REGULATION ( EEC) No 76/76
                                                         of 16 January 1976
                 setting up a system linking imports of beef and veal products effected by way of
                      protective measures with the sale of beef held by intervention agencies
THE COMMISSION OF THE EUROPEAN                                        be granted only to operators who have purchased the
COMMUNITIES ,                                                         unboned frozen beef from intervention agencies by a
                                                                      tendering procedure which will enable a better price
 Having regard to the Treaty establishing the European                to be obtained for the products put on sale ; whereas
 Economic Community,                                                  the terms of the selling price must be such as largely
                                                                      to determine the level of the imports in respect of
 Having regard to Council Regulation ( EEC) No                       which a partial suspension of the levy may, in
 805/68 of 27 June 1968 on the common organization                   consequence be provided ; whereas such suspension is
of the market in beef and veal ('), as last amended by                more important in the case of frozen meat intended
 Regulation ( EEC) No 1 855/74 ('), and in particular                 for processing ;
Articles 7 (3) and 21 (2) thereof,
Whereas a system for the issue by way of protective                   Whereas the system of tenders was established by
 measures of import licences for certain beef and veal                Commission Regulation (EEC) No 216/69 of 4
 products was introduced by Commission Regulation                     February 1969 on detailed rules of application for the
( EEC) No 1090 /75 of 23 April 1 975 (3 ), as last                   disposal of frozen beef and veal bought in by interven­
amended by Regulation ( EEC) No 3241 /75 (4 ) ;                       tion agencies ( 7) ; whereas, in order to regulate sales of
                                                                      intervention meat and hence the imports to which
Whereas a careful watch over the state of the market                 such sales give entitlement, provision should be made
 in beef and veal has shown that the conditions                       for monthly individual invitations to tender ; whereas
 prevailing in Community markets which caused the                     the present market situation and the requirements of
application of the protective measures still exist ;                  the system set up should also be taken with account
whereas however the market in beef ai.d veal appears                 by making certain special conditions and exceptions
 more stable and this requires the protection system to               to the detailed rules contained in Regulation ( EEC)
be reformed to allow some restoration of the flow of                  No 216 / 69 ;
 trade without however running any risk of increasing
 imbalance on the Community market ;
Whereas, although import licences may be issued , the                Whereas, furthermore, the entitlement granted in
critical state of the Community market requires a                     respect of meat for processing requires an especially
close watch to be kept on the way imports develop ;                  close watch over those who effect the imports and also
whereas therefore certain special provisions should be               checks to ensure that the stipulated use is made of the
adopted with regard to the normal rules on the issue                  imported products ;
of import licences, for which the detailed rules are
 laid down in Commission Regulations ( EEC) No
 193/75 of 17 January I 975 p) and ( EEC) No 2045/ 75
of 25 July 1 975 ( h) ;                                              Whereas the detailed rules for the application of the
                                                                      linked-sales system must be established so as to avoid,
                                                                     as fas as possible , any danger of manipulation and any
Whereas, when relaxing the protective measures, parti­               discrimination between trades in the Community ;
cular account should be taken of the existence of large              whereas , in order to avoid this , it should be laid down
stocks of unboned frozen beef held by the interven­                  that only the successful tenderer for the intervention
tion agencies and whereas entitlement to the import                   meat may submit an application for an import licence
 licences should therefore be reserved for purchasers of             and furthermore that the rights arising from such
this meat ;                                                           licence may not be transferred ;
Whereas, to ensure the smooth working of the linked­
sales operations, entitlement to import licences should
                                                                     Whereas the period of validity of the import licences
(') 0 | No L 148 , 28 . 6 . 1968 , p . 24 .                          should be fixed to take account of the geographical
( :) O") No 1 . 1 95, 18 . 7. 1974, p. 14.                           location of those third countries which supply beef
(') O ) No L 108 , 26 . 4 . 1975 , p . 1 .                           and veal ;
(4 ) O'j No 1 . 321 , 12 . 12 . 1 975, p. 17.
( s ) O") No L 25, 31 . 1 . 1975, p . 10 .
(") O") No L 213 , II . 8 . 1975, p . 21 .                           ( 7) 0 | No L 28 , 5 . 2 . 1969 , p . 10 .
 ---pagebreak--- No L 10 /22                                 Official Journal of the European Communities                                17 . 1 . 76
Whereas the reasons still exist which caused certain                         weighing not more than 5 kg net, other than meat
products falling within subheading 16.02 B III b) 1 of                       or offal which is minced, chopped or in one piece
the Common Customs Tariff to be placed under the                             and seasoned (e.g. with pepper and salt) ;
system of import licences and therefore under protec­
tive measures ; whereas these measures should there­                  (b) cooked and frozen beef and veal put up in hermeti­
fore be maintained in force ;                                                cally sealed containers weighing not more than 7
                                                                             kg net.
Whereas the obligations of the linked-sales system
should not include imports effected either under the                         For the purposes of this Regulation the following
Community tariff quotas or pursuant to Council Regu­                         shall be regarded as cooked and frozen meat :
lation (EEC) No 3328 /75 of 18 December 1975 re­                             meat which , prior to freezing, has been subjected
newing the arrangements for the reduction of import                          to sufficient heat to prevent the growth of Clostri­
                                                                             dium botulinium and which has , in addition , the
charges on beef and veal products originating in the
African , Caribbean and Pacific States (');                                  following characteristics :
                                                                             — no trace of pinkish liquid on the surface of a
Whereas furthermore the special opportunities still                               cross section of meat which , after being
exist to effect the imports permitted by Commission                               completely defrosted, is out at its thickest
Regulation (EEC) No 2476/75 of 29 September 1 975                                 point ;
concerning the issue while protective measures are in
force of import licences for a further 30 000 calves                         — a pH of 5-5 or over.
and young bovine animals for fattening (2 ) and by
Commission Regulation ( EEC) No 3248 /75 of 1 1                                                    Article 2
December 1975 concerning the issue while protective
measures are in force of import licences for certain                   1 . The issue of import licences for the products
young bovine animals of highland breeds for                            listed in Article 1 (a) of Regulation ( EEC) No 805/68 ,
fattening (3 ) ;                                                       with the exception of live animals not exceeding a
                                                                       live weight of 300 kg and live animals not for
Whereas the repeal of the ' EXIM' system set up by                     slaughter, and the issue of import licences for the
Regulation ( EEC) No 1090/75 requires certain transi­                  products listed in Article 1 ( 1 ) of this Regulation shall
tional measures to enable operators who have not
                                                                       be subject to the conditions laid down in this Regula­
obtained import licences under the last tendering                      tion and in particular to the purchase, in accordance
 procedure to submit applications for licences provided                with Title II , of unboned frozen beef held by the inter­
that they have effected the required export in good                    vention agencies .
time ; whereas, furthermore , it is understood that the
 rights acquired under the ' EXIM' system are not                      2.       In the case of products falling under tariff
affected by its repeal ;                                               subheading 01.02 A II , import licences shall be issued
Whereas the Management Committee for Beef and                          only for animals for slaughter exceeding a live weight
Veal has not delivered an opinion on Title II of this                  of 300 kg.
 Regulation within the time limit set by its Chairman ,
                                                                       For the purposes of this Regulation the following
                                                                       shall be regarded as animals for slaughter : animals
 HAS A DOITED THIS REGULATION :                                        meeting the criteria laid down in the Council Direc­
                                                                       tive of 12 December 1972 on health and veterinary
                               TITLE I                                 inspection problems upon importation of bovine
                                                                       animals and swine and fresh meat from third coun­
                     Protective measures
                                                                       tries (4 ), as last amended by the Council Directive of
                                                                        15 July 1974 (5 ).
                              Art idc 1
                                                                       In the case of these products, Section 12 of the appli­
  1 . The products listed in Article 1 (c) of Regulation               cation for a licence and of the licence shall contain
( EEC) No 805/ 68 , with the exception of those referred               one of the following endorsements :
 to in paragraph 2 thereof, shall be subject to the
 system of import licences laid down in Article 15                     — 'valable pour les animaux de boucherie d un poids
 thereof.                                                                     supérieur à 300 kilogrammes',
 2.       No import licence shall be required in respect of            — gültig für Schlachtrinder mit einem Lebendge­
 the following products falling within subheading                             wicht von über 300 Kilogramm ',
  16.02 B III b) 1 of the Common Customs Tariff :                      — valido per animali destinati alla macellazione di
                                                                              peso vivo superiore a 300 kg',
 (a) prepared or preserved beef and veal or beef and
        veal offal put up in hermetically sealed containers                   'gyldig for dyr til slagtning med en levende vægt
                                                                              på over 300 kg',
 (') OJ No L 329 , 23 . 12 . 1975 , p . 4 .
 (-') OJ No L 253 , 30 . 9 . 1975 , p . 28 .                           H O ) No I. 302, 31 . 12 . 1972, p . 28 .
 ( 5 ) OJ No L 322, 1 3 . 1 2 . 1 975 , p . 1 7 .                      ( 5 ) O) No L. 202, 24 . 7. 1974, p. 36.
 ---pagebreak--- 17. 1 . 76                         Official Journal of the European Communities                            No L 10/ 23
— 'geldig voor slachtrunderen met een levend                                           Article 5
     gewicht van meer dan 300 kilogram',
                                                              1.     When import licences applied for in accordance
— 'valid for animals for slaughter, of a live weight         with Article 3 are issued , one of the endorsements set
     exceeding 300 kg'.                                      out in Article 4 ( 1 ) shall be entered on the original of
3 . However, this Regulation shall not apply to              the contract of purchase. Such endorsement shall be
imports under the Community tariff quotas for bulls,         supplemented by an indication of the quantity of
heifers and cows, other than those for slaughter, of         meat in respect of which the contract was used for the
                                                             issue of licences .
certain highland and mountain breeds, or to imports
effected pursuant to Regulations ( EEC) No 2476/75,          2.      The import licences issued pursuant to this Regu­
(EEC) No 3248 /75 and ( EEC) No 3328 /75 or such             lation shall be valid for :
provisions on the same subjects as may be adopted
replacing those Regulations.                                 (a) 90 days in respect of frozen meat originating in
                                                                   and coming from non-European third countries ;
                         Article 3                           (b) 45 days in respect of products other than those
                                                                   referred to in (a) originating in and coming from
1 . The application for a licence shall relate to the              non-European third countries ;
products listed in the Annex and shall be in respect of
an amount not exceeding the quantities determined            (c) 30 days in respect of products other than those
in accordance with the said Annex .                                referred to in (a) and (b).
2. The application for the licence shall be accompa­         3 . By way of derogation from Article 3 of Regula­
nied by the original of the contract of purchase             tion ( EEC) No 193/75, the rights arising from import
referred to in Title II and by proof of payment of the       licences issued pursuant to this Regulation shall not
                                                             be transferable .
purchase price indicated in that contract .
3 . A contract of purchase may be used for the                                         Article 6
purpose of submitting, simultaneously or consecu­
tively, two or more applications for licences for an          1.     The levies fixed in accordance with Articles 10
amount not exceeding the quantity which may be               to 13 of Regulation ( EEC) No 805/68 shall be reduced
imported in accordance with paragraph 1 .                    by :
4 . The application for a licence may be submitted           (a) 95 % in respect of the frozen meat referred to in
only by the purchaser whose name appears on the                   Article 14 ( 1 ) of Regulation ( EEC) No 805/68 and
contract of purchase .                                             intended for processing under the conditions laid
                                                                  down in Article 7 ;
Such application shall only be valid if submitted
within sixty days following the date of the conclusion       (b) 60 % in rcspect of the other products listed in
of the contract of purchase .                                     Article 1 (a) of Regulation ( EEC) No 805/68 .
                                                             2.      In respect of the quantities imported pursuant to
                         Article 4                           Article 2 (4) of Regulation ( EEC) No 193/75, the levies
                                                             fixed in accordance with Articles 10 to 13 of Regula­
 1.    Section 12 of the application for a licence and of    tion ( EEC) No 805/68 shall be levied in full .
the licence shall contain one of the following endorse­
ments :
                                                                                       Article 7
— 'Jumelage ;
                                                              1.     Frozen meat intended for processing shall
— ' Koblingstransaktioner ;
                                                             benefit from the reduced rate of levy referred to in
— ' Kopplung ;                                               Article 6 ( 1 ) (a) only if it is subject, in the Member
— ' Linked sale ;                                            State where it is put into free circulation , to a system
— ' Abbinamento ;                                            of customs or administrative control which ensures
                                                             such processing.
— ' Koppeling .
2.     Section 20 of the licence shall contain the rate of   For the purposes of this Article , the Belgo­
                                                             Luxembourg Economic Union shall be considered to
levy applicable pursuant to Article 6 ( 1 ) of this Regula­
tion , shown by one of the endorsements set out in the       be a single Member State .
first subparagraph of Article 6 (2) of Regulation ( EEC)     2 . The entitlement described in paragraph 1 shall
No 2045/75 together with the number of this Regula­          be conditional upon :
tion .
                                                             (a ) a written declaration by the importer, made at the
3.     None of the endorsements referred to in para­              time the meat is put into free circulation , that the
graph 2 shall appear in Section 20 when the licence               meat is intended for processing in the Member
relates to the products referred to in Article 1 ( 1 ).           State where the meat is put into free circulation ;
 ---pagebreak--- No L 10 / 24                         Official Journal of the European Communities                              17 . 1 . 76
(b) the lodging by the importer, at the time the meat           Each notice of individual invitation to tender shall
     is put into free circulation , of a security of an        specify the date before which the meat offered for sale
     amount equal to 50 % of the total levy to                 was bought in by the intervention agencies.
     guarantee such processing. Such security may be
      lodged in cash or in the form of a guarantee given       The time limit for the submission of tenders shall
     by a credit institution meeting the criteria laid
                                                               expire on the third Monday of each month at 12
      down by the Member State where the meat is put            noon . However, in the first instance, this time limit
      into free circulation .
                                                               shall expire on 30 January 1976 at 12 noon .
3 . Save in case of force majeure, the security for
processing shall be released only in respect of those          4.     Every tender shall state whether the tenderer
quantities for which proof is provided within the               intends to import frozen meat for processing.
period of six months following the month in which
the meat is put into free circulation that the imported         5.    The tenders shall be expressed in units of
frozen meat has been processed in the territory of the          account .
Member State where the meat was put into free circula­
tion .
                                                                6. Publication in the Official Journal of the Euro­
                                                               pean Communities of notices of invitation to tender
The security for processing shall be released immedi­           shall take place at least seven days before the expiry of
ately.                                                          the time limit for the submission of tenders .
The competent agency shall inform the Commission
of each case of force majeure and of any action taken
 in respect thereof.                                                                     Article 9
4.      For the purposes of this Regulation , processing        1 . The minimum selling prices shall be fixed for
shall mean the manufacture of products falling within           the products in question having regard to the tenders
 Common Customs Tariff heading Nos 16.01 and                    received and to the need to offset the advantage
 16.02 excluding meat and offal which is minced,                arising from the suspension of the levy pursuant to
chopped or in one piece and seasoned (e.g. with                 Article 6 ( 1 ).
 pepper and salt) as well as the manufacture of salted
and dried products falling within Common Customs
                                                                The minimum price may be fixed at a different level
Tariff subheading 02.06 C I a) 2.                               for tenders with a view to the importation of frozen
                                                                meat for processing.
                                                                2.    Where      the tenderer has   in  accordance with
                           TITLE II
                                                                Article 8 (4) stated his intention to import, the
                                                                purchase contract shall entitle him to the issue of
     Sale of meat held by intervention agencies                 import licences only in respect of meat for processing.
                                                                3.    The purchase contract shall be endorsed to the
                           Article 8
                                                                effect that it gives entitlement to the issue of import
                                                                licences . This endorsement shall , in the case referred
  1.    The sale of unboned beef held by intervention           to in paragraph 2, include the phrase ' meat for
 agencies shall be carried out by means of invitations          processing'.
 to tender.
 Regulation ( EEC) No 216/69 and in particular Articles                                 Article 10
 6 to 14 shall be applicable, subject to the provisions of
 this Regulation .
                                                                Where, for reasons of force majeure, the tenderer is
 2.     A general notice of invitation to tender shall be       unable to comply with the time limit set for taking
 published at the latest on the day of publication of the       delivery, the intervention agency shall take such
 first of the individual invitations to tender referred to      action as it considers necessary having regard to the
                                                                circumstances invoked .
 in paragraph 3 .
 3.     Under the overall tendering arrangements the            The intervention agency shall inform the Commission
 intervention agencies shall issue monthly individual           of each case of force majeure and of any action taken
 invitations to tender.                                         in respect thereof.
 ---pagebreak--- 17 . 1 . 76                          Official Journal of the European Communities                          No L 10 / 25
                        TITLE III                              (c) Member States shall notify the Commission by
           Transitional and final measures
                                                                    telex at the latest by 5 February 1976 at 12 noon
                                                                    of the total quantity covered by licence applica­
                                                                    tions ;
                        A rt ide 1 1
                                                               (d) the Commission may decide that licences shall be
 1.    For each exportation without refund of the                   issued for only a percentage of the quantity
products referred to in Article 3 ( 1 ) of Regulation               applied for, such percentage to be the same for all
( EEC) No 1090/75 which left the geographical terri­                the applications submitted .
tory of the Community before the 16 December 1975               2.     Import licences shall be issued in accordance
and did not give rise to the issue of an import licence        with Articles 4a and 5 of Regulation (EEC) No
under that Regulation , an application for an import            1090 / 75 . However, the first of the two licences shall
licence may be submitted in accordance with Articles           be issued on 12 February 1976 .
3 and 4 of that Regulation and subject to the
following special conditions :                                 Articles 6 and 7 of Regulation (EEC) No 1090/75
                                                               shall be applicable .
(a) the rate of levy applicable per 100 kg of beef or
     veal in carcase which the applicant shall undertake        3 . Subject to the provisions of this Article, Regula­
     to pay at the time of importation shall be 50-320          tion ( EEC) No 1090/ 75 is repealed .
     units of account ;
                                                                                         Art ieh 12
(b) applications for import licences may be lodged
     with the competent organizations of Member                This Regulation shall enter into force on 19 January
     States until 2 February 1976 at 12 noon ;                  1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 16 January 1976 .
                                                                            For the Commission
                                                                              P. J. LARDINOIS
                                                                      Alember of the Commission
 ---pagebreak--- No L 10/26                               Official Journal of the European Communities                           17. 1 . 76
                                                                 ANNEX
                                                         Products to be imported
                                                                                           Quantity in kg which
                                                                                           may be imported for
             CCT heading                                                                    each kg of frozen
                 No                                          Description                   bone-in meat bought
                                                                                            from intervention
                                                                                                 agencies
                  1                                               2                                   3
           01.02             Live animals of the bovine species :
                             A. Domestic species :
                                 II . Other :
                                       b ) Other                                                   2-00
           02.01             Meat and edible offals of φε animals falling within
                             heading No 01.01 , 01.02, 01.03 or 01.04, fresh, chilled
                             or frozen :
                             A. Meat :
                                 II . Of bovine animals :
                                       a ) Of domestic bovine animals :
                                           1 . Fresh or chilled :
                                               aa ) Of calves                                       1-00
                                               bb ) Of adult animals                               1-00
                                               cc) Other cuts of beef and veal :
                                                    11 . Unboned ( bone-in )                       0-80
                                                    22. Boned or boneless                          (>• 60
                                           2 . Frozen :
                                               aa) Carcases, half-carcases or 'compensated
                                                    quarters'                                      100
                                               bb) Forequarters                                    1-00
                                               cc) Hindquarters                                     1-00
                                               dd ) Other :
                                                    11 . Unboned ( bone-in)                        0-80
                                                    12. Boned or boneless                          0-60
           02.06             Meat and edible meat offals (except poultry liver), salted,
                             in brine, dried or smoked :
                             C. Other :
                                 I. Of domestic bovine animals :
                                      a ) Meat                                                     0-50
           16.02 B 111 b ) 1 Other prepared or preserved meat or meat offal, con­
                             taining bovine meat or offal, excluding meat or offals
                             of swine                                                              0-50