31975R1090

26 . 4 . 75 No L 108 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1090/75 OF THE COMMISSION of 23 April 1975 on the issue by way of protective measures of import licences for certain beef and veal products (EXIM)

THE COMMISSION OF THE EUROPEAN Whereas, although it is possible to resume issuing COMMUNITIES , import licences, the critical situation on the Commu­ nity market requires a close watch to be kept on import trends ; Having regard to the Treaty establishing the European Economic Community ; Whereas the normal rules governing the issue of Having regard to Council Regulation (EEC) No import licences must therefore be adjusted ; whereas, 805/68 (') of 27 June 1968 on the common organiza­ moreover, detailed rules for the issue of import tion of the market in beef and veal, as last amended licences were laid down in Commission Regulation by Regulation (EEC) No 1 855/74 (2), and in particular (EEC) No 1 93/75 (6) of 17 January 1975 and in Article 21 ( 2) thereof ; Commission Regulation (EEC) No 2637/70 (7) of 23 December 1970 , as last amended by Regulation ( EEC) Whereas Commission Regulation (EEC) No No 558 /75 (8); 2668 /74 (3) of 21 October 1974 suspended the issue of import licences and advance fixing certificates for beef and veal, since beef and veal prices on representative Whereas certain products may be imported provided they do not increase the quantities available on the Community markets are considerably lower than the Community market ; whereas, therefore, import intervention price ; whereas the suspension of imports licences may be issued where an equivalent quantity was extended by Commission Regulation ( EEC) No 610 /75 (4) of 7 March 1975 on protective measures for has first been exported from the Community ; certain beef and veal products falling within whereas, in order to stimulate exports, only exports subheading 16.02 B III b) 1 of the Common Customs without refund should qualify for this purpose, the Tariff, as amended by Regulation (EEC) No trader remaining free to apply for a refund in respect 888 /75 (5 ) ; of any products and quantities for which he has failed to obtain an import licence ; whereas, in addition , the absence of refunds must be compensated for by Whereas the Commission is keeping a close watch on providing for the import levy to be limited to that the market situation for beef and veal ; whereas it has proposed by the trader in respect of the products to be accordingly been noted that, as a result of imports, imported under the licence concerned ; this market continues to be threatened by serious disturbances which are likely to jeopardize the objec­ tives of Article 39 of the Treaty ; Whereas the export of meat sold by the intervention agencies, carried out under special conditions in accor­ Whereas, however, it is evident that the market in dance with Commission Regulation ( EEC) No beef and veal is tending to stabilize ; whereas, in these 2320 /74 (9) of 10 September 1974 on the sale at prices circumstances, it is necessary to restructure the protec­ fixed at a standard rate in advance of beef and veal tive arrangements to allow a certain amount of trade held by the intervention agencies and intended for to redevelop, but without creating an imbalance on export, as last amended by Regulation ( EEC) No the Community market ; 833 /75 ( 10) or in accordance with Commission Regula­

(') OJ No L 148 , 28 . 6 . 1968 , p. 24. (6) OJ No L 25, 31 . 1 . 1975, p. 10 . (2 ) OJ No L 195, 18 . 7 . 1974, p. 14. (7) OJ No L 283, 29 . 12 . 1970, p . 15 . (3 ) OJ No L 285, 22. 10 . 1974, p. 22. (8) OJ No L 59 , 5 . 3 . 1975, p. 16 . (4) OJ No L 63 , 8 . 3 . 1975, p. 37. (9) OJ No L 248 , 11.9 . 1974, p. 8 . (5 ) OJ No L 85, 5. 4. 1975, p. 27. ( 10) OJ No L 79 , 28 . 3 . 1975, p. 46 .

No L 108 / 2 Official Journal of the European Communities 26 . 4 . 75

tion (EEC) No 616/75 (•) of 10 March 1975 on the Article 2 sale at standard prices fixed in advance, for exporta­ tion, of beef bought in under Regulation (EEC) No 1 . Import licences for the products referred to in 647/74 by the French intervention agency should be Article 1 (a) of Regulation (EEC) No 805/68 and the excluded ; import licences provided for in Article 1 of this Regu­ lation shall be issued in accordance with the special Whereas the period of validity of import licences conditions laid down in this Regulation . must be fixed so as to take account both of the parti­ cular sensitivity of the market and of the geographical However, import licences for products falling within position of certain third countries ; subheading 01.02 A II shall be issued only in respect of animals for slaughter of a live weight exceeding 300 Whereas the current position on the Community kg­ market enables import restrictions on certain products falling within subheading 16.02 B III b) 1 of the In the case of these products section 1 2 of the Common Customs Tariff, which have a specific licences and applications for licences shall include market, to be abolished entirely ; whereas, on the one of the following endorsements : other hand, other products falling within this — valid for animals for slaughter, of a live weight subheading may benefit from the import arrange­ exceeding 300 kg ; ments provided for in this Regulation only if the licensing arrangements provided for in Article 15 of — valable pour les animaux de boucherie d un poids Regulation (EEC) No 805/68 apply to them ; vif supérieur à 300 kg ; — gültig für Schlachtrinder mit einem Lebendge­ Whereas detailed rules for the application of export wicht von über 300 kg ; refunds in respect of agricultural products were laid — gyldig for dyr til slagtning med en levende vægt down in Commission Regulation (EEC) No 1 92/75 (2) of 17 January 1975, på over 300 kg ; — valido per animali destinati alla macellazione di peso vivo superiore a 300 kg ; HAS ADOPTED THIS REGULATION : — geldig voor slachtrunderen met een levend gewicht van meer dan 300 kg ; Article 1 2. To be regarded as an animal for slaughter an The products referred to in Article 1 (c) of Regulation animal must meet the requirements laid down in the Council Directive of 12 December 1 972 (3) on health (EEC) No 805/68 , with the exception of those speci­ and veterinary inspection problems upon importation fied in the second paragraph hereof, shall be subject of bovine animals and swine and fresh meat from to the arrangements concerning import licences laid down in Article 15 of that Regulation . third countries, as last amended by the Council Direc­ tive of 15 July 1974 (4 ). No import licence shall be required in respect of the following products falling within subheading 16.02 B Article 3 III b) 1 : (a) prepared or preserved beef and veal or beef and 1 . Applications for import licences shall be accom­ veal offal in hermetically sealed containers panied by a declaration indicating : weighing not more than 5 kg net ; (a) the relevant quantities expressed in kilogrammes (b) cooked and frozen beef and veal in hermetically of beef or veal in carcase ; sealed containers weighing not more than 7 kg net . (b) the rate of the levy per 100 kg of beef or veal in carcase which the applicant undertakes to pay For the purposes of this Regulation the following upon importation ; the rate shall be expressed in shall be regarded as cooked and frozen meat : meat the national currency of the Member State in which, prior to freezing, has been subjected to suffi­ which the application is made . cient heat to prevent the growth of Clostridium botu­ limim and which has, in addition , the following 2. Applications shall be accepted only if they relate characteristics : to a quantity of 10 metric tons or more expressed as bone-in meat, and are accompanied by proof that — no trace of pinkish liquid on the surface of a cross products as referred to in Annex I , other than those section of meat which, after being completely sold in accordance with Regulation ( EEC) No 2320 /74 defrosted , is cut at its thickest point ; or with Regulation (EEC) No 616/ 75, have been — a pH equal to or greater than 5-5 . exported without refund .

(') OJ No L 64, 11 . 3 . 1975, p. 11 . (3 ) OJ No L 302, 31 . 12 . 1972, p . 28 . (2 ) OJ No L 25 , 31 . 1 . 1975 , p . 1 . (4 ) OJ No L 202, 24 . 7 . 1974 , p. 36 .

26 . 4 . 75 Official Journal of the European Communities No L 108 /3

3 . The Commission shall determine the minimum Proof of such exportation without refund shall take the form of a certificate issued at the request of the rate of levy in units of account per 100 kg of beef or exporter by the agency responsible for paying refunds veal in carcase . in the Member State in which customs export formali­ ties have been carried out . 4 . Licences shall be issued in respect of applica­ tions containing a rate of levy equal to or greater than the minimum rate fixed by the Commission . This certificate shall indicate in particular the quantity and nature of the products which have left the geogra­ However, the Commission may decide : phical territory of the Community in respect of which no refund has been paid. (a) not to issue any licences, or

(b) to issue licences only in respect of a percentage of The exporter shall furnish to the agency referred to the quantity applied for, this percentage being the above, in the manner prescribed in the case of export same for all applications submitted . refunds, proof that the products have left the geo­ graphical territory of the Community, together with the customs documents for the export concerned . Article 5

The certificate mentioned above may be issued only 1 . The products for which import licences shall be in respect of products for which customs export issued shall be those mentioned in Annex II . formalities have been completed on or after the date of entry into force of this Regulation . The customs The quantities of these products and the rate of levy procedure applicable to the abovementioned exports applicable thereto shall be determined in accordance shall be that applicable to products eligible for export with the provisions of Article 3 . refunds . 2 . The licence shall include : 3 . The quantities for which import licences are (a) in section 12, the endorsement ' EXIM', requested, expressed in kilogrammes of beef or veal in (b) in section 20, one of the following endorsements : carcase, may not be greater than the quantities exported in accordance with paragraph 2. — rate of levy applicable (in national currency) per 100 kg ; 4. Products whose exportation must be proved — taux du prélèvement applicable (en monnaie when applications for import licences are submitted, nationale) par 100 kg ; and the quantitative equivalences between such — gültiger Abschöpfungssatz (in nationaler products and beef or veal in carcase are shown in Annex I. Währung) je 100 kg ; — gyldig afgiftssats (i national valuta) pr. 100 kg ; Products may be imported and the quantitative equi­ — tasso del prelievo applicabile (in moneta nazio­ valences between such products and beef or veal in nale) per 100 kg ; carcase are shown in Annex II . — toe te passen heffing (in nationale valuta) per 100 kg. 5. The rate of the levy to be applied to imports shall be the figure given in the application multiplied Where the -licence relates to the products referred to by the coefficient as specified in column 4 of Annex in Article 1 , however, section 20 shall contain no II corresponding to the product for which the import endorsement . licence is issued . 3 . Licences shall be issued on the twentieth working day following the first day of the period for Article 4 submission of applications.

1 . Applications for import licences shall be Article 6 submitted to the competent agencies in the Member States in the course of the first 10 working days of 1 . Subject to the provisions of Article 18 of Regula­ each montii , starting in June 1975 . tion (EEC) No 193 /75, the security shall be released forthwith in respect of any quantity for which no 2. Member States shall notify the Commission by import licence has been issued . telex not later than the second working day following the final date for the submission of applications, of 2 . The refund applicable to products whose exporta­ the total quantity for which applications have been tion has been proved on submission of the application submitted under paragraph 1 and of the rate of levy for the import licence may, at the request of the trader that applicants undertake to pay in the event of their concerned and in accordance with the provisions of applications being accepted . Regulation (EEC) No 192/75, be granted in respect a

No L 108 /4 26 . 4 . 75 Official Journal of the European Communities

quantity of products exported not exceeding a quan­ Article 8 tity equivalent to that for which that trader failed to obtain an import licence. Commission Regulation (EEC) No 1 790/74 (') of 9 July 1974 linking the importation of beef and veal to Article 7 the sale of meat held by the intervention agencies, and Regulations (EEC) No 2668 /74 and (EEC) No Import licences issued pursuant to this Regulation 610/75, are hereby repealed, but without prejudice to shall be valid for : the provisions of Commission Regulation (EEC) No (a) 90 days in respect of frozen meat originating in 81 9 /75 (2) of 25 March 1975 concerning the issue of and coming from non-European third countries ; import licences for beef and veal on production of contracts of sale concluded in accordance with Regula­ (b) 45 days in respect of products other than those tion (EEC) No 1790 /74. referred to in (a) originating in and coming from non-European third countries ; (c) 15 days in respect of products originating in and Article 9 coming from European third countries, with effect from their actual date of issue . This Regulation shall enter into force on 1 May 1975 .

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

Done at Brussels, 23 April 1975 . For the Commission

P.J. LARDINOIS Member of the Commission

(') OJ No L 187, 1 l . 7. 1974, p . 21 . (2 ) OJ No L 78 , 27. 3 . 1975, p . 93 .

26 . 4. 75 Official Journal of the European Communities No L 108 /5

ANNEX 1

Products to be exported

CCT Quantitative heading No Description equivalences (') ( kg)

01.02 Live animals of the bovine species :

A. Domestic species :

II. Other : ex b ) Other., live, of a weight of not less than 250 kg 50

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 : 1 . Fresh or chilled : aa ) Of calves : 11 . Carcases and half-carcases 100 22. Separated or unseparated forequarters 100 33 . Separated or unseparated hindquarters 100

bb ) Of adult animals : 11 . Carcases, half-carcases, ' compensated ' quarters 100 22. Forequarters 100 \ 33. Hindquarters 100

2 . Frozen : aa) Carcases, half-carcases, or 'compensated' quarters 100 bb ) Forequarters 100 cc) Hindquarters 100

(') Quantity of beef and veal , expressed in carcase , which may be imported in relation to 100 kg of products exported .

No L 108/6 Official Journal of the European Communities 26 . 4 . 75

ANNEX II

Products to be imported

Quantity equivalent to Coefficient for CCT heading No Description 100 kg of converting the beef and veal levy in carcase 1 3 3 4

01.02 Live animals of the bovine species :

A. Domestic species :

II . Other : b) Other 200 0-53

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 : 1 . Fresh or chilled : aa) Of calves : 11 . Carcases and half-carcases ! 100 1-00 22 . Separated or unseparated forequarters ' 100 0-80 33 . Separated or unseparated hindquarters 100 • 1-20

bb) Of adult animals : 11 . Carcases, half-carcases or 'compensated' quarters 100 1-00 22 . Forequarters 100 0-80 33 . Hindquarters 100 1-20 cc) Other cuts of beef and veal : 11 . Unboned ( bone-in) 80 1-50 22 . Boned or boneless 60 1-72

2 . Frozen : l

aa ) Carcases, half-carcases or 'compensated ' quarters 100 1-00 bb) Forequarters 100 0-80 cc) Hindquarters 100 1-20 dd) Other : 11 . Unboned ( bone-in ) 80 1-50 22 . Boned or boneless 60 1-72 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 : 1 . Unboned ( bone-in ) 50 1-50 2 . Boned or boneless 50 1-72 16.02 B III b ) 1 Other prepared or preserved meat or meat offal containing : bovine meat or offal, excluding meat or offals of swine 50 0-00