31977R2901

28 . 12 . 77 Official Journal of the European Communities No L 338 / 9

COMMISSION REGULATION ( EEC) No 2901 /77 of 22 December 1977 amending Regulations (EEC) No 585/77 and (EEC) No 597/77 especially as regards the total suspension of the levy in the framework of the special import system for frozen beef and veal

THE COMMISSION OF THE EUROPEAN degree of processing to satisfy the objectives of the COMMUNITIES, said Article 14 ;

Having regard to the Treaty establishing the European Whereas the Italian text of Article 2 ( 1 ) (c) of Regula­ Economic Community, tion (EEC) No 585/77 may give rise to difficulties of interpretation and should therefore be clarified ;

Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 805/68 of 27 June 1968 on the common organization are in accordance with the opinion of the Manage­ of the market in beef and veal ('), as last amended by ment Committee for Beef and Veal , Regulation (EEC) No 425/77 (2), and in particular Arti­ cles 14 (4) (c) and 15 (2) thereof,

Whereas Article 14 (3) (b) of Regulation ( EEC) No 805/68 provides that the total suspension of the levy HAS ADOPTED THIS REGULATION : on imports of frozen meat may be made conditional on the submission of a purchase contract for frozen meat held by an intervention agency ; whereas the implementation of these arrangements, in particular Article 1 by Commission Regulation (EEC) No 2900/77 of 22 December 1977 laying down detailed rules for the sale of beef held by the intervention agencies to enable the There is added to Regulation ( EEC) No 585/77 the import with total suspension of the levy of frozen beef Annex hereto and the following Article : and veal intended for processing (3 ), requires the amendment of Commission Regulation (EEC) No 'Article 11a 585/77 of 18 March 1977 on the system of import and export licences for beef and veal (4 ) and Commission Regulation (EEC) No 597/77 of 18 March 1977 laying 1 . In order to qualify for the special import down detailed rules for the application of special arrangements provided for in Article 14 (3) (b) of import arrangements for certain types of frozen beef Regulation ( EEC) 805/68 : intended for processing (5), both as amended by Regu­ lation ( EEC) No 1 384/ 77 ( 6) ; (a) all applications for a licence submitted by any one applicant shall be accompanied by the original of a purchase contract for frozen meat Whereas no time limit is necessary for the issue of held by an intervention agency, drawn up in licences under the arrangements provided for in accordance with Regulation (EEC) No 2900/77 Article 14 (3) of Regulation (EEC) No 805/68 ; during the quarter in which the application is made, and by proof that the purchase price Whereas the definition of the manufacture of shown in the contract has been paid ; the appli­ cant shall be entered as the buyer in the processed products within the meaning of Article 1 ( 1 ) contract ; (b) of Regulation ( EEC) No 805/68 , set out in Article 1 (6) of Regulation (EEC) No 597/77, does not include (b) the application for a licence and the licence as finished products boned, salted , dried or smoked shall refer to products listed in the Annex up meat, or meat in brine ; whereas these products may to limits determined in accordance therewith ; nevertheless be considered as showing a sufficient (c) the application for a licence and the licence (') OJ No L 148 , 28 . 6 . 1968 , p. 24 . shall contain one of the endorsements laid (2) OJ No L 61 , 5 . 3 . 1977, p. 1 . down in Article 9 ( 1 ) (b) or 10 ( 1 ) (b), in accor­ (3) See page 6 of this Official Journal . dance with the endorsement on the purchase (4) OJ No L 75, 23 . 3 . 1977, p. 5 . (5) OJ No L 76, 24. 3 . 1 977 , p. 1 . contract under Article 7 of Regulation (EEC) (<>) OJ No L 157, 28 . 6. 1977 , p. 16 . No 2900/77 ;

No L 338 / 10 Official Journal of the European Communities 28 . 12 . 77

(d) the licence shall contain one of the endorse­ the strength of the purchase contract shall be ments laid down in Article 9 ( 1 ) (c). entered on the original of that contract. When this quantity has been used up, the licensing body shall delete the endorsement made on the original 2. Applications for licences shall be considered of the contract under Article 7 of Regulation only if : (EEC) No 2900/77.'

(a) the applicant is a natural or legal person who for at least 12 months has been carrying on Article 2 business in the meat and livestock sector and is officially registered in a Member State ; Regulation ( EEC) No 597/77 is hereby amended as (b) in a case of an application referred to in follows : Article 9, the applicant proves to the satisfac­ tion of the competent authorities of the 1 . Article 1 (6) shall read : Member State where the application is lodged that the person responsible for the establish­ ' 6. For the purpose of Article 14 ( 1 ) (b) of Regula­ ment indicated in the application has agreed tion ( EEC) No 805/ 68 , " manufacture" means to the manufacture on those premises of the processing : preserves in question . — into products other than those referred to in Article 1 ( 1 ) (a) thereof and other than those 3 . The purchase contract referred to in para­ referred to in paragraph 5 hereby, or graph 1 (a) may be used only in one single Member State to lodge one or more applications — into products falling within subheading 02.06 for a licence, submitted either simultaneously or C I a) 2 of the Common Customs Tariff.' consecutively, up to to the limit which may be imported under paragraph 1 (b). 2 . Article 2 shall read :

4. By way of derogation from Article 3 of Regu­ ' Art icle 2 lation (EEC) No 193/75, the rights arising from import licences are not transferable. 1 . Article 14 (3) (b) of Regulation (EEC) No 805/ 68 may be applied when it is found that the quantities of frozen meat held by the intervention 5 . When lodging an application for a licence agencies exceed or are likely to exceed 10 000 the applicant shall undertake in writing either to tonnes . carry out himself, or to have carried out on his responsibility, in the Member State indicated in that undertaking, being the State where the 2 . If Article 14 (3) (b) of Regulation (EEC) No products will be put into free circulation , the 805/68 is applied, application of the measures following operations, as appropriate : provided for in Article 14 (3) (a) thereof shall be suspended . (a) the processing referred to in Article 14 ( 1 ) (a) of Regulation ( EEC) No 805 / 68 ; 3 . Article 1 shall apply in the situation referred to in paragraph 1 .' (b) the processing referred to in Article 14 ( 1 ) (b) thereof .

Article 3 The applicant shall further undertake in writing either to carry out himself or to hav* carried out The Italian text of Article 2 ( 1 ) (c) of Regulation (EEC) on his responsibility the processing operations No 585 /77 is hereby amended to read as follows : referred to under (a) at the establishment mentioned in his application , in accordance with '(c) trenta giorni per i prodotti che non soddisfano Article 9 ( 1 ) (b). alle condizioni di cui alia lettera a) o b).'

6 . The licence shall be issued without delay to the applicant. Article 4

7 . On issue of the import licence , the quantity This Regulation shall enter into force on 1 January of meat for which licences may still be issued on 1978 .

28 . 12. 77 Official Journal of the European Communities No L 338 / 11

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

Done at Brussels, 22 December 1977.

For the Commission £tienne DAVIGNON

Member of the Commission

ANNEX

'ANNEX

Products and quantities to be imported on presentation of a purchase contract for meat held by an intervention agency

Quantities in kilograms which Quantities in kilograms which CCT may be imported for every kilo­ may he imported for every kilo­ heading Description gram of unboned frozen meat gram oí unboned frozen meat No bought from the intervention bought from the intervention agencies agencies 1 2 \ 4

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 : (b) Frozen : 2. Separated or unseparated forequarters 1 00 1 -30 4 . Other : (bb) Boned or boneless : 11 . Forequarters, whole or cut into a maximum 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 maximum of five pieces, and the other, the hindquarter, excluding the tenderloin , in one piece 0-77 1 00 22. Crop, chuck and blade and brisket cuts (e) 0-77 1 00 33 . Other 0-77 1 00

(e) Entry under this subheading is subject to the submission of a certificate issued in accordance with the conditions laid down by the competent authorities of the European Communities .'