31971R2838

1040 Official Journal of the European Communities

30.12.71 Official Journal of the European Communities No L 286/ 1

REGULATION (EEC) No 2838/71 OF THE COUNCIL

of 24 December 1971 supplementing Regulation (EEC) No 805 /68 as regards the advance fixing of the levy on beef and veal

THE COUNCIL OF THE EUROPEAN COMMUNITIES, advance fixing, there was a risk of disturbances on the market concerned; whereas it must be possible in Having regard to the Treaty establishing the such a situation to take measures rapidly in order to European Economic Community, and in particular avoid disorganisation of the market; Article 43 thereof; Whereas the introduction of a system of advance Having regard to the proposal from the Commission ; fixing of the levies requires certain administrative measures ; whereas in particular an advance fixing Having regard , to the Opinion of the European certificate should be instituted in combination with Parliament; the lodging of a deposit guaranteeing the undertaking V to effect importation during the period of validity of Whereas Article 12 of Council Regulation (EEC ) No the certificate; 805/681 of 27 June 1968 on the common organisation of the market in beef and veal, as last amended by Regulation (EEC) No 1261 /71 ,2 provides among HAS ADOPTED THIS REGULATION : other things for the charging of a levy on imports of the meat of calves or adult bovine animals, fresh or Article 1 chilled; . The following shall be substituted for paragraphs 5 Whereas frequent variation of the rate of levies is and 6 of Article 12 of Regulation (EEC) No 805/68 : likely to create inequality in competition between exporters of countries near to the Community and '5 . The levy to be charged shall be that applicable those of more distant countries, since the latter are on the day of import. put at a disadvantage by the length of the sea route ; whereas equality should be re-established between However, with regard to imports of products those various countries by means of advance fixing of falling within sub-heading No 02.01 A II (a) 1 the rate of the import levy for meat of calves or adult of the Common Customs Tariff, originating in bovine animals, fresh or chilled, for the benefit of the and coming from countries which, in view of more distant supplier countries ; the length of the sea route, have concluded an agreement in this respect with the Community Whereas the introduction of a system of advance comprising certain guarantees, the levy fixing of the levy calls for special supervision of the applicable on the day on which the market; whereas the advantages of such a system application for a certificate provided for in should be granted only to the more distant supplier Article 12a was submitted shall, on countries which have concluded a trade agreement application from the party concerned with the community giving certain guarantees in the submitted at the same time as the application matter ; for the certificate, be applied to imports to be effected during the period of validity of the Whereas experience has shown that in certain certificate. circumstances and in particular where the parties concerned had made excessive use of the system of 6. Detailed rules for the application of paragraph 5 and the coefficients referred to in paragraphs 2, 3 and 4 shall be adopted in 1 OJ No L 148 , 28.6.1968 , p . 24. accordance with the procedure laid down in Article 27. 2 OJ No L 132, 18.6.1971 , p . 1 .

Official Journal of the European Communities 1041

7. The levies referred to in this Article shall be of the place of his establishment in the fixed by the Commission. Community.

8 . Where the market situation makes it clear that The advance fixing certificate shall be valid for disturbances have arisen through the a transaction carried out in the Community. application of the provisions of the second The issue of such certificates shall be subparagraph of paragraph 5, or where there conditional on the lodging of a deposit is a risk of such disturbances, the decision guaranteeing that importation is effected may be taken, in accordance with the during the period of validity of the certificate ; procedure laid down in Article 27, to suspend the deposit shall be forfeited in whole or in that application for such period of time as is part if importation is not effected, or is only absolutely necessary.' partially effected, within that period. 2. The period of validity of the certificates and, Article 2 other detailed rules for the application of this Article shall be adopted in accordance with the The following Article shall be added to Regulation procedure laid down in Article 27'. (EEC) No 805/68 :

Article3¶

1 . Collection of the levy under the conditions laid This Regulation shall enter into force on the day down in the second subparagraph of Article following its publication in the Official journal of the 12 (5 ) shall be subject to the submission of an European Communities. advance fixing certificate, which may be issued by Member States to any applicant irrespective It shall apply from 1 January 1972.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels. 24 December 1971 .

For the Council

The President

M. PEDINI