31973R2260

No L 233 / 10 Official Journal of the European Communities 21 . 8 . 73

REGULATION ( EEC) No 2260/73 OF THE COMMISSION of 17 August 1973 laying down the bases for calculating the levy on certain kinds of frozen beef and veal

THE COMMISSION OF THE EUROPEAN Section (c) of the Annex to Regulation (EEC) No COMMUNITIES, 805/ 68 : Having regard to the Treaty establishing the European (a) the coefficient as referred to in Article 13 (2) (a) of Economic Community ; that Regulation shall be 1 -53 ; Having regard to Council Regulation (EEC) No (b) the fixed amount referred to in Article 1 3 (2) (b) of 805/68 ( x) of 27 June 1968 on the common organiza­ tion of the market in beef and veal , as last amended that Regulation shall be 5-5 units of account per 100 kilogrammes. by Regulation (EEC) No 1 87/73 (2), and in particular Article 1 3 (5) thereof ; Whereas Article 13 of Regulation (EEC) No 805/68 Article 2 provides for a levy to be charged on imports of the frozen beef and veal products set out in Section (c) of the Annex to that Regulation ; whereas the method of 1 . The world market price for frozen meat shall in calculation for that levy must be laid down ; each case be determined on the basis of free-at­ Whereas rules for calculation in the case of carcases, frontier offer prices in the Community, taking into half-carcases and 'compensated' quarters were laid account normal transport and insurance costs. down in Council Regulation (EEC) No 990/68 (3 ) of 15 July 1968 on general rules for fixing the levy on 2. In determining the world market price for frozen certain kinds of frozen beef and veal ; meat the following shall be disregarded : Whereas the levy on the other meats concerned is to (a) offer prices which do not correspond to actual be derived by means of coefficients expressing the value ratio between the various products , from the purchasing possibilities ; levy on these products as aforesaid ; (b) offer prices which the Commission considers, in Whereas to enable the levy to be applied to the view of general price movements or other informa­ various products it is necessary to specify in each case tion available to it, not to be representative of real the cut to which the relevant coefficient applies ; price trends in the country of origin ; Whereas, to avoid over-frequent alteration of the levy, (c) offer prices which relate to an unrepresentative provision should be made for a certain margin , within quantity ; which the world market price may vary without (d) offer prices relating to qualities which differ appre­ requiring alteration of the levy ; ciably from those of the majority of such products Whereas provisions should be made for the levy to be entering international trade. fixed at regular intervals, but it must be possible for it to be altered in the interim in the event of substantial price variations ; Article 3 Whereas the tariff nomenclature employed in this Regulation is taken from the Common Customs So long as the world market price for any frozen meat Tariff ; differs by less than one unit of account per 100 kilo­ Whereas the measures provided for in this Regulation grammes from the world market price previously used are in accordance with the Opinion of the Manage­ for the calculation of the relevant levy, the latter price ment Committee for Beef and Veal ; shall continue to apply.

HAS ADOPTED THIS REGULATION : Article 1 Article 4

In the case of frozen meat falling within tariff For frozen meat falling within tariff subheadings Nos subheading No 02.01 A II a) 2 aa), as set out in 02.01 A II a) 2 bb), cc) and dd), as set out in Section ( c) of the Annex to Regulation ( EEC) No 805/68 , the (!) OJ No L 148 , 28 . 6 . 1968 , p . 24. 0 OJ No L 25, 30 . 1 . 1973 , p . 23 . coefficients as referred to in Article 13 (3) of that Regu­ (3 ) OJ No L 169 , 18 . 7 . 1968 , p . 12 . lation shall be those set out in Annex I hereto .

21 . 8 . 73 Official Journal of the European Communities No L 233/ 11

Article 5 The forequarters and the hindquarters constituting 'compensated quarters' must be imported at the same time and in equal numbers, and the total For the purpose of applying the levy provided for in weight of the forequarters must be the same as that Article 13 of Regulation (EEC) No '805/68 : of the hindquarters, a difference of not more than 1 . 'Carcases of bovine animals' (being products falling 5 % in these weights being allowed. within subheading 02.01 A II a) 2 of the Common Customs Tariff) means whole carcases of the 6. (a) 'A crop' or 'chuck and blade' cut (being a slaughtered animals, bled, gutted and skinned, with product falling within subheading 02.01 A II a) or without the heads, with or without the feet and 2 dd) 22 bbb) of the Common Customs Tariff) with or without the other offal attached . When means the dorsal part of the forequarter, carcases are presented without the heads, the latter including the upper part of the shoulder, must have been separated from the carcase at the obtained by a cut along a straight line through atloido-occipital joint. When presented without the the point where the first rib joins the first feet, the latter must have been cut off at the carpo­ sternal segment to the point of reflection of the metacarpal or tarso-metatarsal joints ; diaphragm on the tenth rib with a minimum of four ribs and a maximum of ten ribs . 2. ' Half-carcases of bovine animals' (being products (b) A 'brisket' cut (being a product falling within falling within subheading 02.01 A II a) 2 of the the said subheading 02.01 A II a) 2 dd) 22 bbb) Common Customs Tariff) means the product means the lower part of the forequarters obtained by symmetrical section of the whole comprising the brisket navel end and brisket carcase through the centre of each cervical, dorsal, point end. lumbar and sacral vertebra and through the centre of the sternum and of the ischio-pubic symphysis ;

Article 6 3 . 'Forequarters of bovine animals' (being products falling within subheading 02.01 A II a) 2 bb) of the In determining the number of whole or cut ribs, only Common Customs Tariff) means the front part of those ribs attached to the backbone shall be taken the half-carcase, comprising all the bones and the into consideration . scrag, neck and shoulder, with a minimum of four ribs and a maximum of ten whole or cut ribs, with or without the thin flank ; Article 7 4. ' Hindquarters of bovine animals' (being products falling within subheading 02.01 A II a) 2 cc) of the The levy provided for in Article 13 ( 1 ) of Regulation Common Customs Tariff) means the rear part of (EEC) No 805/68 shall, except where paragraph 4 of the half-carcase, comprising all the bones and the that Article is applied, be fixed before the twenty-fifth thigh and sirloin, with a minimum of three whole of each month and shall apply from the first Monday or cut ribs with or without the shin and with or of the following month . without the thin flank ; this term also covers the front part of the half-carcase , comprising all the The levy shall be altered in the intervening period in bones and the scrag, neck and shoulder, but with the event of any substantial variation in the world more than ten ribs ; market price used in calculating it.

5. 'Compensated quarters of bovine animals' (being products falling within subheading 02.01 A II a) 2 Article 8 aa) of the Common Customs Tariff) means portions composed of either : Member States shall , on the fifth and twentieth of each month , communicate by telex to the Commis­ — forequarters comprising all the bones and the sion, details of all prices of products as specified in scrag, neck and shoulder, and cut at the tenth Section (c) of the Annex to Regulation (EEC) No rib ; and hindquarters comprising all the bones 805/68 made known to them during the fortnight and the thigh and sirloin , and cut at the third preceding the day of such communication , specifying rib ; or in each case the origin , quality, quantity and cut out — forequarters comprising all the bones and the of the product concerned . scrag, neck and shoulder, and cut at the fifth rib, with the whole of the flank and breast Each Member State shall , as soon as it has notice attached ; and hindquarters comprising all the thereof, communicate to the Commission any informa­ bones and the thigh and sirloin , and cut at the tion indicating that Article 13 (4) of Regulation ( EEC) eighth cut rib . No 805 / 68 should be applied .

No L 233 / 12 Official Journal of the European Communities 21 . 8 . 73

Article 9 amended by Regulation (EEC) No 1986/71 (2), is repealed. The Common Customs Tariff annexed to Regulation (EEC) No 950/68 is amended as indicated in Annexes Article 11 II and III to this Regulation . This Regulation shall enter into force on 17 Article 10 September 1973 . Commission Regulation (EEC) No 1072/68 ( !) of 25 Entry under tariff subheading 02.01 A II a) 2 dd) 22 July 1968 determining the basis for calculation the bbb) is subject, however, to the presentation upon levy on certain kinds of frozen beef and veal, as last approved certificate.

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

Done at Brussels, 17 August 1973 . For the Commission The President

Francois-Xavier ORTOLI

( i ) OJ No L 180 , 26 . 7 . 1968 , p . 21 . (-') OJ No L 209 , 15 . 9 . 1971 , p . 27 .

21 . 8 . 73 Official Journal of the European Communities No L 233/ 13

ANNEX 1

CCT heading No Description Coefficient

02.01 A II a) 2 Frozen meat, for human consumption , of domestic bovine animals :

bb ) Forequarters 0-80 cc) Hindquarters 1-25

dd ) Other : 11 . Unboned (bone-in) 1-50 22 . Boned or boneless : aaa ) Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block ; ' compen­ sated' quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece 1-25 bb'b ) Crop, chuck and blade and brisket cuts ( a) 1-25 ccc) Other 1-72

(a) Entry under this subheading is subject to the production of a certificate issued on conditions laid down .by the competent authorities of the European Communities .

ANNEX U

Rate of duty CCT Autonomous heading Description °/o Conventional No or levy V» ( L)

02.01 Meat and edible offals of the 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 : 2 . Frozen : dd ) Other : 22 . Boned or boneless : aaa ) Forequarters , whole or cut into a maxi­ mum of five pieces, each quarter being in a single block ; 'compensated' quarters in two blocks, one of which contains the forequarter, whole or cut into a maxi­ mum of five pieces , and the other, the hindquarter, excluding the tenderloin , in one piece 20 + ( L ) Π ( c ) bbb ) Crop, chuck and blade and brisket cuts ( a ) 20 + ( L ) n ( c ) ccc ) Other 20 + ( L ) n ( c )

( a) Entry under this subheading is subject to the production of a certificate issued on conditions laid down bv the competent authorities of the European Communities . / (*) In certain conditions , a levy is applicable in addition to the customs duty .

No L 233 / 14 Official Journal of the European Communities 21 . 8 . 73

ANNEX 111

I. The following is added to the last sentence of paragraph IJ ( b ) of Additional Note 1 to Chapter 2 of the Common Customs Tariff :

' and the total weight) of the forequarters must be the same as that of the hindquarters, a difference of not more than 5 °/o in those weights being allowed .'

II . — A paragraph M, worded as follows is added to Additional Nolle 1 to Chapter 2 of the Common Customs Tariff :

' M. ( a ) " Crop" and " chuck and blade" cuts, for the purposes of subheading 02.01 A II a) 2 dd ) 22 bbb ), the dorsal part of the forequarter, including the upper part of the shoulder, obtained by a cut along a straight line through the point where the first rib joins the first sternal segment ifo the point of reflection of the dia­ phragm on the tenth with a minimum of four ribs and a maximum of ten ribs ; ( b) "Brisket" cut for the purposes of subheading 02.01 A II a) 2 dd) 22 bbb ), the lower part of the forequarter comprising the brisket navel end and brisket point end .'

— A paragraph N, worded as follows, is added to Additional Note 1 to Chapter 2 of the Common Customs T ariff :

' N. In determining the number of whole or cut ribs referred to in paragraphs E to L, only those attached to the backbone shall be taken into consideration.'