COMMISSION REGULATION (EEC) No 811/92   of 31 March 1992    fixing the export refunds on beef and veal and amending Regulation (EEC) No 3846/87 establishing  an agricultural product nomenclature for export refunds
THE COMMISSION 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  (1), as last amended by Regulation (EEC) No 1628/91  (2), and in  particular Article 18 thereof,
Having regard to the opinion of the Monetary Committee,
Whereas Article 18 of Regulation (EEC) No 805/68 provides that the difference between prices on  the world market for the products listed in Article 1 of that Regulation and prices for those  products within the Community may be covered by an export refund;
Whereas Council Regulation (EEC) No 885/68  (3), as last amended by Regulation (EEC) No 427/77   (4), lays down general rules for granting export refunds and criteria for fixing the amount of such  refunds;
Whereas Regulation (EEC) No 32/82  (5), as last amended by Regulation (EEC) No 3169/87  (6),  Regulation (EEC) No 1964/82  (7), as amended by Regulation (EEC) No 3169/87, and Regulation (EEC)  No 2388/84  (8), as last amended by Regulation (EEC) No 3988/87  (9), lay down the conditions for  granting special export refunds on certain cuts of beef and veal and certain preserved beef and  veal products;
Whereas it follows from applying those rules and criteria to the foreseeable situation on the  market in beef and veal that the refund should be as set out below;
Whereas, given the current market situation in the Community and the possibilities of disposal in  certain third countries in particular, export refunds should be granted on adult male bovine  animals of a live weight of at least 300 kilograms and other bovine animals of a live weight of at  least 250 kilograms; whereas experience gained in recent years has shown that live pure-bred  breeding animals weighing at least 250 kilograms in the case of females and 300 kilograms in that  of males should be trated in the saame way as other bovine animals, subject to certain special  administrative formalities;
Whereas export refunds should be granted for certain destinations on some fresh or chilled meat  listed in Annex I under CN code 0201, on some frozen meat listed in Annex I under CN code 0202, on  some meat or offal listed in Annex I under CN code 0206 and on some other prepared or preserved  meat or offal listed in Annex I under CN code 1602  50  10;
Whereas, in view of the wide differences in products covered by CN codes 0201  20  90  700 and  0202  20  90  100 used for refund purposes, refunds should only be granted on cuts in which the  weight of bone does not exceed one third;
Whereas a minimum content of lean bovine meat should be fixed for boneless cuts wrapped  individually and covered by CN codes 0201  30 and 0202  30;
Whereas refunds should also be granted on fresh or frozen boned or boneless pieces, even where  each piece is not individually wrapped, and on minced meat, and the wording of the tariff  subheadings for fresh boned or boneless pieces specified;
Whereas, in the case of meat of bovine animals, boned or boneless, salted and dried, there are  traditional trade flows to Switzerland; whereas, to allow this trade to continue, the refund should  be set to cover the difference between prices on the Swiss market and export prices in the Member  States; whereas there are possibilities for exporting such meat and also salted, smoked and dried  meat to certain African, Near and Middle Eastern countries; whereas a refund should accordingly be  set;
Whereas, in the case of certain other cuts and preserves of meat or offal shown in Annex I under  CN code 1602  50  90, the Community share of international trade may be maintained by granting a  refund corresponding to that at present available;
Whereas, in the case of other beef and veal products, a refund need not be fixed since the  Community's share of world trade is not significant;
Whereas, if the refund system is to operate normally, refunds should be calculated using the  following basis:
-  in the case of currencies which are maintained in relation to each other at any given moment  within a band of 2,25  %, a rate of exchange based on their central rate, multiplied by the  corrective factor provided for in the last subparagraph of Article 3 (1) of Council Regulation  (EEC) No 1676/85  (1), as last amended by Regulation (EEC) No 2205/90  (2),
-  for the other currencies, an exchange rate based on an average of the ecu rates published in  the Official Journal of the European Communities, C series, over a period to be determined,  multiplied by the factor referred to in the preceding indent;
Whereas Commission Regulation (EEC) No 3846/87  (3), as last amended by Regulation (EEC) No 704/92   (4); establishes the agricultural product nomenclature for the purposes of export refunds;
Whereas, in order to simplify customs export formalities for operators, the refunds on all frozen  cuts should be brought in line with those on fresh or chilled cuts other than those from adult male  bovine animals;
Whereas experience has shown that in certain cases it is often difficult to determine the relevant  quantities of beef, veal and other meat contained in prepared or preserved meat covered by CN code  1602  50; whereas exclusively beef and veal products should accordingly be set apart and a new  heading should be created for mixtures of meats or offals; whereas checks on products other than  mixtures of meat or offal should be stepped up by making the granting of refunds on these products  conditional on manufacture under the arrangements provided for in Article 4 of Council Regulation  (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural  products  (5), as amended by Regulation (EEC) No 2026/83  (6);
Whereas the analytical criteria for preparations and preserves covered by CN code 1602  50  90  should be supplemented by fixing in particular a maximum collagen/protein ratio in terms of the  meat content of such products;
Whereas refunds on female animals should vary depending on their age in order to prevent abuses in  the export of certain pure-bred breeding animals;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,
The list of products on which export  refunds as referred to in Article 18 of Regulation (EEC) No 805/68 are granted and the amount  thereof shall be as set out in Annex I hereto.
The description of CN code 0102  10  00 in Section 6 of the Annex to Regulation (EEC) No 3846/87  is hereby replaced by Annex II hereto.
This Regulation shall enter into force on 1  April 1992.
This Regulation shall be binding in its entirety and directly  applicable in all Member States.