31982R0102

No L 14/8 Official Journal of the European Communities 20 . 1 . 82

COMMISSION REGULATION ( EEC) No 102/82 of 19 January 1982

fixing the export refunds on pigmeat

THE COMMISSION OF THE EUROPEAN should be limited to an amount which takes account COMMUNITIES, of the qualitative characteristics of each of the products falling within these subheadings and of the Having regard to the Treaty establishing the European foreseeable trend of production costs on the world Economic Community, market ;

Having regard to Council Regulation (EEC) No Whereas, if existing export outlets for products falling 2759/75 of 29 October 1975 on the common organi­ within subheadings 02.06 B I b) 3 aa), 4 aa), 5 aa) and 6 zation of the market in pigmeat ('), as last amended by aa) are to be available in the future, the refund should Regulation (EEC) No 2966/80 (2), and in particular the be comparable to that granted for dried or smoked first sentence of Article 15 (5) thereof, products ;

Whereas, in the case of certain typical Italian products Having regard to Council Regulation (EEC) No falling within subheading 02.06 B I b) 3 bb) and 7 bb) 2768/75 of 29 October 1975 laying down general rules and if the Community is to continue to take part in for granting export refunds on pigmeat and criteria for international trade, the refund must take account of fixing the amount of such refunds (3), and in particular the conditions of access to the world market ; Article 5 (4) thereof, Whereas, in the case of products falling within sub­ Whereas Article 15 of Regulation (EEC) No 2759/75 headings 02.06 B I b) ex 7, the refund should be provides that the difference between prices on the granted solely in respect of products of a quality world market for the products listed in Article 1 ( 1 ) of comparable with that of products falling within that Regulation and prices for these products within subheadings 02.06 B I b) 3, 4 and 5 ; the Community may be covered by an export refund ; Whereas, because of the conditions of competition in Whereas it follows from applying these rules and certain third countries, which are traditionally major criteria to the present situation on the market in importers of products falling within subheadings ex pigmeat that the refund should be fixed as set out 16.01 A, ex 16.01 B I and II, ex 16.02 A II, ex 16.02 B below ; III a) 2 aa) 11 , 22, 33, bb) and cc), the refund for these products should be fixed so as to take this situation Whereas facilities exist at present for the export of live into account ; whereas steps should be taken to ensure pigs falling within subheading 01.03 A II b), and for that the refund is granted only for the net weight of certain products falling within subheading 02.01 A the edible substances, to the exclusion of the net III ; whereas a refund should be fixed for these weight of the bones possibly contained in the said products taking particular account of the conditions of preparations ; competition for Community exporters on world markets ; Whereas since economically significant quantities of other pigmeat products are not being exported at Whereas the European Council has agreed to enable present, there is no need to fix a refund for these Poland to purchase certain quantities of pigmeat in products ; the Community ; whereas, in order to achieve this aim, it seems appropriate to fix a special refund for that Whereas the measures provided for in this Regulation destination and to acquire advance-fixing for control are in accordance with the opinion of the Management purposes ; Committee for Pigmeat,

Whereas it is necessary to waive the provisions on the issue of advance-fixing certificates laid down in Regu­ lations (EEC) No 3183/80 (4) and (EEC) No 858 /78 (*) ; HAS ADOPTED THIS REGULATION : Whereas, in the case of products falling within sub­ headings 02.06 B I b) 3 bb) and 6 bb), the refund Article 1

(») OJ No L 282, 1 . 11 . 1975, p. 1 . The list of products on which the export refund (l) OJ No L 307, 18 . 11 . 1980, p. 5. referred to in Article 15 of Regulation (EEC) No (3) OJ No L 282, 1 . 11 . 1975, p. 39 . («) OJ No L 338 , 13 . 12. 1980, p. 1 . 2759/75 is granted, and the amount of that refund, 0 OJ No L 116, 28 . 4. 1978 , p. 18 . shall be as set out in the Annex hereto .

20 . 1 . 82 Official Journal of the European Communities No L 14/9

Article 2 — Sondererstattung Polen — Verordnung (EWG) Nr. 3283/80 oder (EWG) Nr. 102/82', 1 . Notwithstanding Regulations (EEC) No 3183/80 and (EEC) No 858/78 , the refund fixed in the Annex — Restitution spéciale Pologne — règlement for products for export to Poland shall be granted (CEE) n° 3283/80 ou (CEE) n0 102/82', subject to the following conditions : — Έίοική έπιστροφή Πολωνία — κανονισμός (a) advance fixing of the refund shall be obligatory ; ( ΕΟΚ) άριΟ. 3283/80 ή ( ΕΟΚ) άρι& 102/82', (b) the application for the advance-fixing certificate — Restituzione speciale Polonia — regolamento must be accompanied by a certified copy of a (CEE) n. 3283/80 o (CEE) n. 102/82', contract for sale of pigmeat made by the applicant — Bijzondere restitutie Polen — Verordening with the competent Polish authorities after the (EEG) nr. 3283/80 of (EEG) nr. 102/82', entering into force of the present Regulation ; (c) advance-fixing certificates shall be issued on the 2. Member States shall each working day before 5 fifth working day after the application was lodged, p.m. by telex inform the Commission on the applica­ provided no special measures are taken during that tions lodged for certificates for advance-fixing of the period ; refunds referred to in paragraph 1 , indicating the (d) the security for advance-fixing certificates shall be quantities of each application . 32 ECU per 1 00 kilograms ; (e) space 13 of the application and of the advance­ The Commission shall take a decision to stop issue of fixing certificate shall bear one of the following advance-fixing certificates when the total quantity for expressions : which applications have been made reaches 50 000 — 'Poland , tonnes . — ' Polen', — 'Pologne', In the case where the quantity applied for exceeds — ' notaovia', 50 000 tonnes the Commission shall take the neces­ — ' Polonia' ; sary steps to ensure that the quantity provided for is (f) the certificate requires export to Poland ; not exceeded . (g) space 1 8 of the advance-fixing certificate shall bear one of the following expressions : — 'Special refund Poland — Regulation (EEC) No Article 3 3283/80 or (EEC) No 102/82', — 'Særrestitution Polen — forordning (EØF) nr. This Regulation shall enter into force on 1 February 3283/80 eller (EØF) nr. 102/82', 1982 .

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

Done at Brussels, 19 January 1982.

For the Commission Poul DALSAGER Member of the Commission

No L 14/ 10 Official Journal of the European Communities 20 . 1 . 82

ANNEX

to the Commission Regulation of 19 January 1982 fixing the export refunds on pigmeat

(ECU/100 kg) CCT heading Description Refund No

net weight

01.03 Live swine :

A. Domestic species : II . Other : b) Other 500

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 : III . Of swine : a) Of domestic swine : 1 . Carcases or half carcases, with or without heads, feet or flare fat : (aa) Carcases or half carcases without heads, fore feet and flare fat : — For exports to Poland 6500 — For exports to other destinations 10-00 (bb) Other 1000

2. Hams and cuts of hams, unboned (bone-in) 10-00

3 . Shoulders (fores) and cuts of shoulders, unboned (bone-in) 10-00

4. Loins and cuts of loins, unboned (bone-in) 10-00

5. Bellies (streaky) and cuts of bellies : (aa) Boned or boneless, derinded and defatted, with a maximum layer of 7 mm fat, frozen (a) 15-00 (bb) Other 10-00

6 . Other : ex aa) Boned or boneless and frozen : ( 11 ) Hams, shoulders and loins and cuts thereof, derinded and defatted, with a maximum layer of 3 mm fat (a) 30-00 (22) Other hams, shoulders and loins and cuts thereof (a) 10-00 ex bb) Other : ( 11 ) Hams, shoulders and loins and cuts thereof (a) 10-00

20 . 1 . 82 Official Journal of the European Communities No L 14/ 11

(ECU/100 kg) CCT heading Description Refund No

net weight

02.06 Meat and edible meat offal (except poultry liver), salted, in brine, dried or smoked :

B. Meat and edible meat offals of domestic swine :

I. Meat : b) Dried or smoked : 2. Bacon sides, spencers, Y4 sides or middles : cc) 3/4 sides or middles 28-00 3 . Hams and cuts of hams, unboned (bone-in) : aa) Slightly dried or slightly smoked 3200 bb) Other : ( 11 ) 'Prosciutto di Parma', 'Prosciutto di San Daniele' (b) 64-00 (22) Other 47-00

4. Shoulders (fores) and cuts of shoulders, unboned (bone-in) : aa) Slightly dried or slightly smoked 2300

5. Loins and cuts of loins, unboned (bone-in) : aa) Slightly dried or slightly smoked 32-00

6. Bellies (streaky) and cuts of bellies : aa) Slightly dried or slightly smoked 18-00 bb) Other 22-00

7. Other : ex aa) Slightly dried or slightly smoked : ( 11 ) Hams, shoulders and loins, pieces thereof 32-00

ex bb) Other : ( 11 ) 'Prosciutto di Parma', 'Prosciutto di San Daniele', pieces thereof (b) 64-00 (22) Hams, shoulders and loins, pieces thereof 47-00

ex 16.01 Sausages and the like, of meat, meat offal, or animal blood, suitable fcr human consumption :

A. Liver sausages (f) 30-00

B. Other (c) : I. Sausages, dry or for spreading, uncooked (d) (f) 60-00 II . Other (f) 40-00

ex 16.02 Other prepared or preserved meat or meat pffal , suitable for human consumption :

A. Liver : II . Other 24-00

No L 14/ 12 Official Journal of the European Communities 20 . 1 . 82

(ECU/100 kg) CCT heading Description Refund No

net weight

ex 16.02 B. Other : (cont'd) III . Other :

a) Containing meat or offals of domestic swine : 2. Other, containing by weight : aa) 80 % or more of meat or offal, of any kind, including fats of any kind or origin : 1 1 . Hams, fillets and loins, pieces thereof : (aaa) Uncooked ; mixtures of cooked and uncooked meat (e) (g) 10-00 (bbb) Other (g) 6500 22. Shoulders and pieces thereof : (aaa) Uncooked ; mixtures of cooked and uncooked meat (e) (g) 10-00 (bbb) Other (g) 53-00 33 . Other : (aaa) Uncooked ; mixtures of cooked meat of offal and uncooked meat or offal (e) (g) 10-00 (bbb) Other (g) 33-00 bb) 40 % or more but less than 80 % of meat or offal, of any kind, including fats of any kind or origin (g) 21-00 cc) Less than 40 % of meat or offal, of any kind, including fats of any kind or origin (g) 11-00

(a) The cuts are classified in this subheading only if they can be identified as originating from the primary cuts mentioned. (b) Only those products for which the name is certified by the competent authorities of the produ­ cing Member State can benefit from this refund. (c) The refund on sausages presented in containers with a preservative liquid is granted on net weight after deduction of weight of this liquid . (d) The weight of a coating of paraffin corresponding to normal use in the trade is considered as part of the net weight of the sausage. (e) The term 'uncooked' shall apply to products which have not been subjected to any heat-treatment or which have been subjected to a heat-treatment insufficient to ensure the coagulation of meat proteins in the whole of the product and which therefore show traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part. (f) If composite food preparations (including prepared dishes) containing sausages, are classified under heading No 16.01 because of their composition, the refund is granted only on the net weight of the sausages, the meat and the offal, including fats of any kind or origin, which make part of these preparations . (g) The refund on products containing bones is granted on the net weight of the product after deduc­ tion of the weight of the bones.