COUNCIL REGULATION (EEC)  N° 3907/87
of 22 December 1987
amending Regulation (EEC) N° 2777/75 on the common organization of  the market in poultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community is a Contracting Party to the International Convention on the Harmonized  Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which  replaces the Convention of
15 December 1950 on Nomenclature for the Classification of Goods in  Customs tariffs;
Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods  nomenclature based on the harmonized system which will meet the requirements both of the Common  Customs Tariff and of the external trade statistics of the Community;
Whereas, as a result, it is necessary to express the descriptions of goods and tariff heading  numbers which appear in Regulation (EEC) N° 2777/75 (4), as last amended by Regulation (EEC) N°  1475/86 (5), according to the terms of the combined nomenclature based on the harmonized system;
Whereas certain edible flours and meals of meat or meat offal are classified in subheadings of  heading N° 02.06 of the Common Customs Tariff at present in force, which are covered by Regulation  (EEC) N° 2777/75; whereas, in the combined nomenclature, by way of simplification, a single  subheading has been established to cover all edible flours and meals of meat or meat offal; whereas  it is desirable that the said flours and meals be covered by Council Regulation
(1) Opinion  delivered on 18 December 1987 (not yet published in the Official Journal).
(2) Opinion delivered on 16 December 1987 (not yet published in the Official Journal).
(3) OJ N° L 256, 7. 9. 1987, p. 1.
(4) OJ N° L 282, 1. 11. 1975, p. 77.
(5) OJ N° L 133, 21. 5. 1986, p. 39.
(EEC) N° 805/68 of 27 June 1968 on the common organization of the market in beef and veal (6), as  last amended by Regulation (EEC) N° 3905/87 (7); whereas, as a consequence, they should no longer  be covered by Regulation (EEC) N° 2777/75;
Whereas certain homogenized preparations of meat, meat offal or blood, preparations of animal  blood, and stuffed pasta containing more than 20 % by weight of sausages and the like, meat and  meat offal, including fats, are classified in subheadings of heading N° 16.02 of the Common Customs  Tariff at present in force, which are covered by Regulation (EEC) N° 2777/75; whereas, in the  combined nomenclature, by way of simplification, single subheadings have been established for each  of the aforementioned preparations; whereas it is desirable that the said preparations be covered  by Council Regulation (EEC) N° 2759/75 of 29 October 1975 on the common organization of the market  in pigmeat (8), as last amended by Regulation (EEC) N° 3906/87 (9); whereas, as a result, they  should no longer be covered by Regulation (EEC) N° 2777/75;
Whereas numerous regulations in the poultrymeat sector must be adapted to take account of the use  of the new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made  may be of a technical nature only; whereas, accordingly, a provision should be introduced whereby  all other adjustments to Council and Commission regulations on the common organization of the  market in poultrymeat should be made in accordance with the procedure laid down in Article 17 of  Regulation (EEC) N° 2777/75, provided that such adjustments are required solely as a result of the  introduction of the harmonized system,
Regulation (EEC) N° 2777/75 is hereby amended as follows:
1.  Article 1 (1) is replaced by the following:
'1.  The common organization of the market in poultrymeat shall cover the following products:
(6) OJ N° L 148, 28. 6. 1968, p. 24.
(7) See page 7 of this Official Journal.
(8) OJ N° L 282, 1. 11. 1975, p. 1.
(9) See page 11 of this Official Journal.
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2.  Article 5 (2) is replaced by the following:
'2.  By way of derogation from paragraph 1, for products falling within subheadings 0207 31 00,  0207 39 90, 0207 50, 0210 90 71, 0210 90 79, 1501 00 90, 1602 31, 1602 39 19, 1602 39 30 and 1602  39 90 of the combined nomenclature, in respect of which the rate of duty has been bound within  GATT, the levies shall be limited to the amount resulting from that binding'.
The Commission, in accordance with the procedure provided for in Article 17 of  Regulation (EEC) N° 2777/75, shall make the necessary adaptions to Council or
Commission acts  concerning the common organization of the market in poultrymeat which result from the application  of Article 1.
This Regulation shall enter into force on the third day following its publication in the  Official Journal of the European Communities.
shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.