31977R0597

24 . 3 . 77 Official Journal of the European Communities No L 76/ 1

I

(Acts ivhose publication is obligatory)

COMMISSION REGULATION ( EEC) No 597 / 77 of 18 March 1977 laying down detailed rules (or the application of special import arrangements for certain types of frozen beef intended for processing

THE COMMISSION OF THE EUROPEAN meat content ; whereas coefficients should be fixed to COMMUNITIES , take account of the quantity of frozen meat necessary for the manufacture of each such group ;

Having regard to the Treaty establishing the European Whereas the manufacturing process for homogenized Economic Community, preserved meats differs from that for other preserved food ; whereas coefficients should therefore be Having regard to Council Regulation ( EEC) No provided for such preserved meats, which take 805/68 of 27 June 1968 on the common organization account of their special characteristics ; of the market in beef and veal ('), as last amended by Regulation ( EEC) No 425/77 (2), and in particular Arti­ Whereas compliance with the arrangements under cles 14 (4) (c) and 25 thereof, Article 14 of Regulation (EEC) No 805/68 requires the effective supervision of the processing of imported meat and whereas processing should therefore take Whereas Article 14 of Regulation (EEC) No 805/68 place only on the territory of the importing Member lays down special arrangements for imports of certain State ; types of frozen beef intended for processing ; whereas these arrangements consist of the total suspension of the import levy on such frozen meat, where it is Whereas Commission Regulation (EEC) No 1082/68 intended for the manufacture of preserved food of 26 July 1968 fixing coefficients expressing the containing no characteristic components other than meat content of preserved meats manufactured from beef and jelly, and of the total or partial suspension of frozen meat (3), as amended by Regulation (EEC) No the levy on imports of other types of frozen beef 207/70 (4), must be repealed ; intended for the manufacture of other processed products ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Beef and Veal , Whereas special measures must be taken to ensure that frozen meat imported with total suspension of the levy is not deflected for another purpose ; whereas the suspension should therefore be made conditional upon the importer making a declaration certifying the purpose and lodging a security ; HAS ADOPTED THIS REGULATION :

Whereas the special arrangements under Article 14 (3) (b) thereof only apply if meat is held by an interven­ Article 1 tion agency in the Community ;

1 . No importer shall be entitled to total or partial Whereas preserved food manufactured in the Commu­ suspension of the import levy under Article 14 ( 1 ) of nity can be classified in four groups according to their Regulation ( EEC) No 805/68 unless he produces :

(') OJ No L 148 , 28 . 6 . 1968 , p . 24 . ( 3 ) OJ - No L 181 , 27. 7. 1968 , p . 9 . (-') OJ No L 61 , 5 . 1977, p . 1 . («) OJ No L 28 , 5 . 2 . 1970 , p . 10 .

No L 76/2 Official Journal of the European Communities 24 . 3 . 77

(a) a written declaration, made at the time of the 7. For the purposes of this Regulation 100 kilo­ importation, that the frozen meat is intended for grams of unboned meat shall be deemed to be equal use in the importing Member State, to 77 kilograms of boned meat.

(aa) for the manufacture of the preserved food 8 . The additional sum shall be equal to the highest referred to in Article 14 ( 1 ) (a) thereof, or levy applicable to imports of frozen meat falling under the same subheading of the Common Customs (bb) for the manufacture of the other products Tariff during the period between the day of importa­ referred to in Article 14 ( 1 ) (b) thereof ; tion and the last day on which the proof specified in paragraph 3 may be furnished, less the amount of the (b) a security in the sum of the amount suspended of security which has not been released. This sum shall the levy applicable on the day of importation ; be paid as a levy.

(c) a written undertaking, made at the time of importa­ tion , to pay the additional sum specified in para­ Article 2 graph 8 in respect of that quantity of frozen meat imported in respect of which the proof referred to Article 14 (3) (b) of Regulation ( EEC) No 805/68 may in paragraph 3 is not furnished . be applied when it is found that the quantities of frozen meat held by an intervention agency exceed or 2. The security shall be lodged, at the choice of the are likely to exceed 10 000 tonnes . applicant, either in cash or in the form of a guarantee given by an institution meeting the criteria laid down Article 3 by the Member State on whose territory the importa­ tion was effected . Member States shall set up a system of customs or administrative supervision to ensure that the meat is 3 . Except in case of force majeure, the security processed , and in particular a form of control to shall not be released in whole or in part unless, within enable the quantity of boned frozen meat used in the six months following the month of importation , proof manufacture of homogenized preserved meats to be is furnished that all or part of the imported frozen determined . meat has been processed on the territory of the importing Member State . The amount of the security released shall be in proportion to the quantity for Article 4 which proof of processing is furnished .

Member States shall communicate to the Commission The security shall be released immediately after such not later than the 15th day of each month : proof has been furnished . (a) separately for each of the subheadings for frozen The amount of the security not released is forfeit and meat and for each of the arrangements provided is retained as a levy. for in Article 14 ( 1 ) of Regulation ( EEC) No 805/ 68 , the quantities imported during the preceding month ; 4. In the case of frozen meat imported under the arrangements provided for in paragraph 1 (a) (aa), the (b) the quantities imported, broken down as indicated proof referred to in paragraph 3 may not be consid­ under (a), in respect of which the proof referred to ered as furnished unless the quantity of preserved in Article 1 (3) has been furnished during the food manufactured from such meat is at least equiva­ preceding month ; lent to the quantity imported . The coefficients for (c) the quantities of products manufactured during the determining the quantity of frozen boned meat preceding month , broken down by type of contained in a given quantity of preserved food are set products and expressed in net weight of the out in the Annex hereto . finished product .

5. For the purposes of Article 14 ( 1 ) (a) of Regula­ tion (EEC) No 805/68 , ' preserved food' means Article 5 products in which the total weight of beef and jelly is at least 85 % of the total net weight. Regulation ( EEC) No 1082/68 is hereby repealed .

6 . In the case of frozen meat imported under the Article 6 arrangements provided for in paragraph 1 (a) (bb), ' manufacture' means the processing into products other than those falling under heading No 02.01 of This Regulation shall enter into force on 1 April the Common Customs Tariff . 1977 .

24. 3 . 77 Official Journal of the European Communities No L 76/3

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

Done at Brussels, 18 March 1977 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

Products Coefficients

I. Preserved food , other than homogenized , containing the following percen­ tages of meat of bovine animals : 1 . 80 % or more of meat, excluding offal and fat 1 - 50 110 2 . 60 % or more but less than 80 % of meat, excluding offal and fat 3 . 40 % or more but less than 60 % , excluding offal and fat 0.90 4 . Less than 40 % of meat, excluding offal and fat 0.10

II . The coefficient applicable in respect of homogenized preserved meat shall be the figure corresponding to the quantity, expressed in kilograms of boned frozen meat used in the manufacture of 1 kilogram of preserved meat