31976R0076

17 . 1 . 76 Official Journal of the European Communities No L 10 / 21

COMMISSION REGULATION ( EEC) No 76 / 76 of 16 January 1976 setting up a system linking imports of beef and veal products effected by way of protective measures with the sale of beef held by intervention agencies

THE COMMISSION OF THE EUROPEAN be granted only to operators who have purchased the COMMUNITIES , unboned frozen beef from intervention agencies by a tendering procedure which will enable a better price Having regard to the Treaty establishing the European to be obtained for the products put on sale ; whereas Economic Community, the terms of the selling price must be such as largely to determine the level of the imports in respect of which a partial suspension of the levy may, in Having regard to Council Regulation ( EEC) No consequence be provided ; whereas such suspension is 805/ 68 of 27 June 1968 on the common organization more important in the case of frozen meat intended of the market in beef and veal ('), as last amended by for processing ; Regulation ( EEC) No 1 855/74 ('), and in particular Articles 7 ( 3 ) and 21 ( 2) thereof,

Whereas a system for the issue by way of protective Whereas the system of tenders was established by measures of import licences for certain beef and veal Commission Regulation ( EEC) No 216/ 69 of 4 products was introduced by Commission Regulation February 1969 on detailed rules of application for the ( EEC) No 1090 /75 of 23 April 1 975 (3 ), as last disposal of frozen beef and veal bought in by interven­ amended by Regulation ( EEC) No 3241 / 75 (4 ) ; tion agencies ( 7) ; whereas, in order to regulate sales of intervention meat and hence the imports to which Whereas a careful watch over the state of the market such sales give entitlement, provision should be made in beef and veal has shown that the conditions for monthly individual invitations to tender ; whereas prevailing in Community markets which caused the the present market situation and the requirements of application of the protective measures still exist ; the system set up should also be taken with account whereas however the market in beef ai.d veal appears by making certain special conditions and exceptions more stable and this requires the protection system to to the detailed rules contained in Regulation ( EEC) be reformed to allow some restoration of the flow of No 216 / 69 ; trade without however running any risk of increasing imbalance on the Community market ;

Whereas, furthermore, the entitlement granted in Whereas, although import licences may be issued , the respect of meat for processing requires an especially critical state of the Community market requires a close watch to be kept on the way imports develop ; close watch over those who effect the imports and also checks to ensure that the stipulated use is made of the whereas therefore certain special provisions should be imported products ; adopted with regard to the normal rules on the issue of import licences, for which the detailed rules are laid down in Commission Regulations ( EEC) No 193/75 of 17 January I 975 p) and ( EEC) No 2045/ 75 Whereas the detailed rules for the application of the of 25 July 1 975 ( h ) ; linked-sales system must be established so as to avoid , as fas as possible , any danger of manipulation and any Whereas, when relaxing the protective measures, parti­ discrimination between trades in the Community ; cular account should be taken of the existence of large whereas , in order to avoid this , it should be laid down stocks of unboned frozen beef held by the interven­ that only the successful tenderer for the intervention tion agencies and whereas entitlement to the import meat may submit an application for an import licence licences should therefore be reserved for purchasers of and furthermore that the rights arising from such this meat ; licence may not be transferred ;

Whereas, to ensure the smooth working of the linked­ sales operations, entitlement to import licences should Whereas the period of validity of the import licences (') 0 | No L 148 , 28 . 6 . 1968 , p . 24 . should be fixed to take account of the geographical ( :) O") No 1 . 1 95, 18 . 7. 1974, p. 14. location of those third countries which supply beef (') O ) No L 108 , 26 . 4 . 1975 , p . 1 . and veal ; (4 ) O'j No 1 . 321 , 12 . 12 . 1 975, p. 17. ( s ) O") No L 25, 31 . 1 . 1975, p . 10 . (") O") No L 213 , II . 8 . 1975 , p . 21 . ( 7) 0 | No L 28 , 5 . 2 . 1969 , p . 10 .

No L 10 / 22 Official Journal of the European Communities 17 . 1 . 76

Whereas the reasons still exist which caused certain weighing not more than 5 kg net, other than meat products falling within subheading 16.02 B III b) 1 of or offal which is minced , chopped or in one piece the Common Customs Tariff to be placed under the and seasoned (e.g. with pepper and salt) ; system of import licences and therefore under protec­ (b) cooked and frozen beef and veal put up in hermeti­ tive measures ; whereas these measures should there­ fore be maintained in force ; cally sealed containers weighing not more than 7 kg net . Whereas the obligations of the linked-sales system For the purposes of this Regulation the following should not include imports effected either under the shall be regarded as cooked and frozen meat : Community tariff quotas or pursuant to Council Regu­ meat which , prior to freezing, has been subjected lation ( EEC) No 3328 / 75 of 18 December 1975 re­ to sufficient heat to prevent the growth of Clostri­ newing the arrangements for the reduction of import dium botulinium and which has , in addition , the charges on beef and veal products originating in the following characteristics : African , Caribbean and Pacific States ('); — no trace of pinkish liquid on the surface of a Whereas furthermore the special opportunities still cross section of meat which , after being exist to effect the imports permitted by Commission completely defrosted, is out at its thickest Regulation (EEC) No 2476/75 of 29 September 1 975 point ; concerning the issue while protective measures are in — a pH of 5-5 or over. force of import licences for a further 30 000 calves and young bovine animals for fattening (2 ) and by Commission Regulation ( EEC) No 3248 /75 of 1 1 Article 2 December 1975 concerning the issue while protective measures are in force of import licences for certain 1 . The issue of import licences for the products young bovine animals of highland breeds for listed in Article 1 (a) of Regulation ( EEC) No 805/ 68 , fattening (3 ) ; with the exception of live animals not exceeding a live weight of 300 kg and live animals not for Whereas the repeal of the ' EXIM' system set up by slaughter, and the issue of import licences for the Regulation ( EEC) No 1090/75 requires certain transi­ products listed in Article 1 ( 1 ) of this Regulation shall tional measures to enable operators who have not be subject to the conditions laid down in this Regula­ obtained import licences under the last tendering tion and in particular to the purchase, in accordance procedure to submit applications for licences provided with Title II , of unboned frozen beef held by the inter­ that they have effected the required export in good vention agencies . time ; whereas, furthermore , it is understood that the rights acquired under the ' EXIM' system are not 2. In the case of products falling under tariff affected by its repeal ; subheading 01.02 A II , import licences shall be issued Whereas the Management Committee for Beef and only for animals for slaughter exceeding a live weight Veal has not delivered an opinion on Title II of this of 300 kg. Regulation within the time limit set by its Chairman , For the purposes of this Regulation the following shall be regarded as animals for slaughter : animals HAS A DOITED THIS REGULATION : meeting the criteria laid down in the Council Direc­ tive of 12 December 1972 on health and veterinary TITLE I inspection problems upon importation of bovine animals and swine and fresh meat from third coun­ Protective measures tries (4 ), as last amended by the Council Directive of 15 July 1974 ( 5 ). Art idc 1 In the case of these products, Section 12 of the appli­ 1 . The products listed in Article 1 (c ) of Regulation cation for a licence and of the licence shall contain ( EEC) No 805/ 68 , with the exception of those referred one of the following endorsements : to in paragraph 2 thereof, shall be subject to the system of import licences laid down in Article 15 — 'valable pour les animaux de boucherie d un poids thereof. supérieur à 300 kilogrammes', — gültig für Schlachtrinder mit einem Lebendge­ 2 . No import licence shall be required in respect of wicht von über 300 Kilogramm ', the following products falling within subheading 16.02 B III b) 1 of the Common Customs Tariff : — valido per animali destinati alla macellazione di peso vivo superiore a 300 kg', (a ) prepared or preserved beef and veal or beef and veal offal put up in hermetically sealed containers 'gyldig for dyr til slagtning med en levende vægt på over 300 kg', (') OJ No L 329 , 23 . 12 . 1975 , p . 4 . (-') OJ No L 253 , 30 . 9 . 1975 , p . 28 . H O ) No I. 302, 31 . 12 . 1972, p . 28 . ( 5 ) OJ No L 322, 1 3 . 1 2 . 1 975 , p . 1 7 . ( 5 ) O) No L. 202, 24 . 7. 1974, p. 36.

17 . 1 . 76 Official Journal of the European Communities No L 10/ 23

— 'geldig voor slachtrunderen met een levend Article 5 gewicht van meer dan 300 kilogram ', 1 . When import licences applied for in accordance — 'valid for animals for slaughter, of a live weight with Article 3 are issued , one of the endorsements set exceeding 300 kg'. out in Article 4 ( 1 ) shall be entered on the original of 3 . However, this Regulation shall not apply to the contract of purchase. Such endorsement shall be imports under the Community tariff quotas for bulls, supplemented by an indication of the quantity of meat in respect of which the contract was used for the heifers and cows, other than those for slaughter, of issue of licences . certain highland and mountain breeds, or to imports effected pursuant to Regulations ( EEC) No 2476/75, 2. The import licences issued pursuant to this Regu­ (EEC) No 3248 /75 and ( EEC) No 3328 /75 or such lation shall be valid for : provisions on the same subjects as may be adopted replacing those Regulations. (a) 90 days in respect of frozen meat originating in and coming from non-European third countries ; Article 3 (b) 45 days in respect of products other than those referred to in (a) originating in and coming from 1 . The application for a licence shall relate to the non-European third countries ; products listed in the Annex and shall be in respect of (c) 30 days in respect of products other than those an amount not exceeding the quantities determined in accordance with the said Annex . referred to in (a) and (b).

3 . By way of derogation from Article 3 of Regula­ 2. The application for the licence shall be accompa­ nied by the original of the contract of purchase tion ( EEC) No 193/75, the rights arising from import licences issued pursuant to this Regulation shall not referred to in Title II and by proof of payment of the be transferable . purchase price indicated in that contract .

3 . A contract of purchase may be used for the Article 6 purpose of submitting, simultaneously or consecu­ tively, two or more applications for licences for an 1 . The levies fixed in accordance with Articles 10 amount not exceeding the quantity which may be to 13 of Regulation ( EEC) No 805/68 shall be reduced imported in accordance with paragraph 1 . by : 4 . The application for a licence may be submitted (a) 95 % in respect of the frozen meat referred to in only by the purchaser whose name appears on the Article 14 ( 1 ) of Regulation ( EEC) No 805/68 and contract of purchase . intended for processing under the conditions laid down in Article 7 ; Such application shall only be valid if submitted (b) 60 % in rcspect of the other products listed in within sixty days following the date of the conclusion Article 1 (a) of Regulation ( EEC) No 805/68 . of the contract of purchase . 2 . In respect of the quantities imported pursuant to Article 4 Article 2 (4) of Regulation ( EEC) No 193/75, the levies fixed in accordance with Articles 10 to 13 of Regula­ 1 . Section 12 of the application for a licence and of tion ( EEC) No 805 /68 shall be levied in full . the licence shall contain one of the following endorse­ ments : Article 7 — 'Jumelage ; 1 . Frozen meat intended for processing shall — ' Koblingstransaktioner ; benefit from the reduced rate of levy referred to in — ' Kopplung ; Article 6 ( 1 ) (a) only if it is subject, in the Member — ' Linked sale ; State where it is put into free circulation , to a system of customs or administrative control which ensures — ' Abbinamento ; such processing. — ' Koppeling . For the purposes of this Article , the Belgo­ 2 . Section 20 of the licence shall contain the rate of Luxembourg Economic Union shall be considered to levy applicable pursuant to Article 6 ( 1 ) of this Regula­ be a single Member State . tion , shown by one of the endorsements set out in the first subparagraph of Article 6 (2) of Regulation ( EEC) 2 . The entitlement described in paragraph 1 shall No 2045/ 75 together with the number of this Regula­ be conditional upon : tion . ( a ) a written declaration by the importer, made at the 3 . None of the endorsements referred to in para­ time the meat is put into free circulation , that the graph 2 shall appear in Section 20 when the licence meat is intended for processing in the Member relates to the products referred to in Article 1 ( 1 ). State where the meat is put into free circulation ;

No L 10 / 24 Official Journal of the European Communities 17 . 1 . 76

(b) the lodging by the importer, at the time the meat Each notice of individual invitation to tender shall is put into free circulation , of a security of an specify the date before which the meat offered for sale amount equal to 50 % of the total levy to was bought in by the intervention agencies. guarantee such processing. Such security may be lodged in cash or in the form of a guarantee given The time limit for the submission of tenders shall by a credit institution meeting the criteria laid expire on the third Monday of each month at 12 down by the Member State where the meat is put noon . However, in the first instance, this time limit into free circulation . shall expire on 30 January 1976 at 12 noon .

3 . Save in case of force majeure, the security for 4. Every tender shall state whether the tenderer processing shall be released only in respect of those intends to import frozen meat for processing. quantities for which proof is provided within the period of six months following the month in which the meat is put into free circulation that the imported 5 . The tenders shall be expressed in units of frozen meat has been processed in the territory of the account . Member State where the meat was put into free circula­ tion . 6. Publication in the Official Journal of the Euro­ pean Communities of notices of invitation to tender The security for processing shall be released immedi­ shall take place at least seven days before the expiry of ately. the time limit for the submission of tenders .

The competent agency shall inform the Commission of each case of force majeure and of any action taken Article 9 in respect thereof.

4. For the purposes of this Regulation , processing 1 . The minimum selling prices shall be fixed for shall mean the manufacture of products falling within the products in question having regard to the tenders Common Customs Tariff heading Nos 16.01 and received and to the need to offset the advantage 16.02 excluding meat and offal which is minced, arising from the suspension of the levy pursuant to chopped or in one piece and seasoned (e.g. with Article 6 ( 1 ). pepper and salt) as well as the manufacture of salted and dried products falling within Common Customs The minimum price may be fixed at a different level Tariff subheading 02.06 C I a) 2. for tenders with a view to the importation of frozen meat for processing.

2 . Where the tenderer has in accordance with TITLE II Article 8 (4) stated his intention to import, the purchase contract shall entitle him to the issue of Sale of meat held by intervention agencies import licences only in respect of meat for processing.

3 . The purchase contract shall be endorsed to the Article 8 effect that it gives entitlement to the issue of import licences . This endorsement shall , in the case referred 1 . The sale of unboned beef held by intervention to in paragraph 2, include the phrase ' meat for agencies shall be carried out by means of invitations processing'. to tender .

Regulation ( EEC) No 216/69 and in particular Articles Article 10 6 to 14 shall be applicable, subject to the provisions of this Regulation . Where , for reasons of force majeure, the tenderer is 2. A general notice of invitation to tender shall be unable to comply with the time limit set for taking published at the latest on the day of publication of the delivery , the intervention agency shall take such first of the individual invitations to tender referred to action as it considers necessary having regard to the circumstances invoked . in paragraph 3 .

3 . Under the overall tendering arrangements the The intervention agency shall inform the Commission intervention agencies shall issue monthly individual of each case of force majeure and of any action taken invitations to tender. in respect thereof.

17 . 1 . 76 Official Journal of the European Communities No L 10 / 25

TITLE III (c) Member States shall notify the Commission by telex at the latest by 5 February 1976 at 12 noon Transitional and final measures of the total quantity covered by licence applica­ tions ; A rt ide 1 1 (d ) the Commission may decide that licences shall be 1 . For each exportation without refund of the issued for only a percentage of the quantity products referred to in Article 3 ( 1 ) of Regulation applied for, such percentage to be the same for all ( EEC) No 1090 / 75 which left the geographical terri­ the applications submitted . tory of the Community before the 16 December 1975 2 . Import licences shall be issued in accordance and did not give rise to the issue of an import licence with Articles 4a and 5 of Regulation (EEC) No under that Regulation , an application for an import 1090 / 75 . However, the first of the two licences shall licence may be submitted in accordance with Articles be issued on 12 February 1976 . 3 and 4 of that Regulation and subject to the following special conditions : Articles 6 and 7 of Regulation (EEC) No 1090/75 shall be applicable . (a) the rate of levy applicable per 100 kg of beef or veal in carcase which the applicant shall undertake 3 . Subject to the provisions of this Article, Regula­ to pay at the time of importation shall be 50-320 tion ( EEC) No 1090 / 75 is repealed . units of account ; Art ieh 12 (b) applications for import licences may be lodged with the competent organizations of Member This Regulation shall enter into force on 19 January States until 2 February 1976 at 12 noon ; 1976 .

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

Done at Brussels, 16 January 1976 .

For the Commission

P. J. LARDINOIS Alember of the Commission

No L 10/ 26 Official Journal of the European Communities 17. 1 . 76

ANNEX

Products to be imported

Quantity in kg which may be imported for CCT heading each kg of frozen No Description bone-in meat bought from intervention agencies

1 2 3

01.02 Live animals of the bovine species :

A. Domestic species :

II . Other : b ) Other 2-00

02.01 Meat and edible offals of φε 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 1-00 bb ) Of adult animals 1-00

cc) Other cuts of beef and veal : 11 . Unboned ( bone-in ) 0-80 22 . Boned or boneless (>• 60

2 . Frozen : aa ) Carcases, half-carcases or 'compensated quarters' 100 bb ) Forequarters 1-00 cc) Hindquarters 1-00 dd ) Other :

11 . Unboned ( bone-in ) 0-80 12 . Boned or boneless 0-60

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 0-50

16.02 B 111 b ) 1 Other prepared or preserved meat or meat offal , con­ taining bovine meat or offal, excluding meat or offals of swine 0-50