ext/celex/31978R0572

22 . 3 . 78 No L 78 / 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 572/78 of 21 March 1978 laying down detailed rules for the application of special import arrangements for certain types of frozen beef intended for processing and repealing Regula­ tion ( EEC) No 597 / 77

THE COMMISSION OF THE EUROPEAN Whereas, when the special arrangements under Article COMMUNITIES, 14 (3) (b) of Regulation (EEC) No 80.5/68 apply, they can have an economic effect only if the arrangements under Article 14 (3) (a) are simultaneously suspended ; Having regard to the Treaty establishing the European Economic Community, Whereas implementation of the arrangements under Article 14 of Regulation (EEC) No 805/68 requires Having regard to Council Regulation (EEC) No effective supervision of the processing of imported 805/68 of 27 June 1968 on the common organization meat ; whereas processing should therefore be autho­ of the market in beef and veal ('), as last amended by rized only on the territory of the importing Member Regulation (EEC) No 425/77 (2), and in particular Arti­ State ; cles 14 (4) (c) and 25 thereof, Whereas this Regulation incorporates the provisions Whereas Article 14 of Regulation (EEC) No 805/68 of Commission Regulation (EEC) No 597/77 of 18 lays down special arrangements for imports of certain March 1977 laying down detailed rules for the applica­ types of frozen beef intended for processing ; whereas tion of special import arrangements for certain types these arrangements consist of the total suspension of of frozen beef intended for processing (3), as last the import levy on such frozen meat, where it is amended by Regulation (EEC) No 2901 /77 (4); intended for the manufacture of preserved food whereas Regulation (EEC) No 597/77 should therefore containing no characteristic components other than be repealed ; beef and jelly, and of the total or partial suspension of the levy on imports of other types of frozen beef Whereas the measures provided for in this Regulation intended for the manufacture of other processed are in accordance with the opinion of the Manage­ products ; ment Committee for Beef and Veal ,

Whereas special provisions must be laid down to ensure that frozen meat imported with suspension of the levy is not deflected from its destination or use ; HAS ADOPTED THIS REGULATION whereas such suspension should therefore be made conditional inter alia upon the production by the importer of a declaration as to such destination and Article 1 purpose and the lodging by him of a security ; 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 : meat content ; whereas coefficients should be fixed to take account of the quantity of frozen meat necessary (a) he produces a written declaration , made at the for the manufacture of each such group ; time of importation , that the frozen meat is intended for use in the importing Member State :

Whereas the manufacturing process for homogenized (aa) for the manufacture of preserved food as preserved food is different from that for other referred to in Article 14 ( 1 ) (a) of Regulation preserved food ; whereas coefficients which take (EEC) No 805/68 , or account of its special characteristics should therefore (bb) for the manufacture of other products as be fixed for the said preserved food ; referred to in Article 14 ( 1 ) (b) of that Regula­ tion ; Whereas the application of the special arrangements under Article 14 (3) (b) of Regulation (EEC) No (b) he lodges a security equal to the amount 805/68 presupposes that there is an intervention suspended of the levy applicable on the day of agency holding frozen meat ; importation ;

[') OJ No L 148 , 28 . 6. 1968, p . 24. (3) OJ No L 76, 24. 3 . 1977, p. 1 . (2) OJ No L 61 , 5 . 3 . 1977, p. 1 . (4) OJ No L 338 , 28 . 12 . 1977, p. 9 .

No L 78 / 18 22 . 3 . 78 Official Journal of the European Communities

(c) he produces a written undertaking, given at the — into products other than those specified in Article time of importation , to pay the additional sum 1 ( 1 ) (a) of that Regulation or referred to in para­ referred to in paragraph 8 in respect of the quan­ graph 5 above , or tity of frozen meat imported in respect of which — into products falling within subheading the proof referred to in paragraph 3 is not 02.06 C I a) 2 of the Common Customs Tariff. furnished ; 7 . For the purposes of this Regulation , 100 kilo­ (d) as regards the arrangements under Article 14 ( 1 ) grams of unboned meat shall be deemed equal to 77 (b) of Regulation (EEC) No 805/68 , he produces kilograms of boned meat . an undertaking, given at the time of importation , to inform the competent authorities of the 8 . The additional sum mentioned in paragraph 1 importing Member State , within one month (c) shall be equal to the highest levy applicable to following the date of importation , of the establish­ imports of frozen meat falling within the subheading ment or establishments where the imported meat in question , effected during the period between the will be processed . day of importation and the last day on which the proof referred to in paragraph 3 may be furnished, less 2. The security shall be lodged, at the choice of the the amount of the security which has not been applicant, either in cash or in the form of a guarantee released . This sum shall be paid as levy. given by an institution meeting the criteria laid down by the Member State on whose territory importation is to be effected . Article 2

3 . Except in case of force majeure, the security 1 . Article 14 (3) (b) of Regulation (EEC) No 805/68 referred to in paragraph 1 (b) shall not be released in may be applied when it is found that the quantities of whole or in part unless, within six months following frozen meat held by the intervention agencies exceed the month of importation, proof is furnished to the or are likely to exceed 10 000 tonnes . satisfaction of the competent authorities of the importing Member State that all or part of the 2. Where Article 14 (3) (b) of Regulation (EEC) No imported frozen meat has been processed within three 805/ 68 is applied the measures provided for in Article months of importation in the establishment specified 14 (3) (a) of that Regulation shall be suspended. on the import licence or notified in accordance with paragraph 1 (d). 3 . Article 1 shall apply in the case provided for in paragraph 1 . The amount of the security released shall be in propor­ tion to the quantity for which proof of processing is furnished . Article 3

The security shall be released immediately after such Member States shall set up a system of customs or proof has beefi furnished . The amount of the security administrative supervision to ensure that the meat is not released shall be forfeit and retained as levy. processed, and in particular a form of control to enable the quantity of boned frozen meat used in the 4. In the case of frozen meat imported under the manufacture of homogenized preserved food to be determined . arrangements provided for in paragraph 1 (a) (aa), the proof referred to in paragraph 3 shall not be regarded as furnished unless the quantity of preserved food Article 4 manufactured from such meat is at least equivalent to the quantity imported . Member States shall communicate to the Commission not later than the 15th day of each month : The coefficients for determining the quantity of frozen boned meat contained in a given quantity of (a) giving separate particulars the subheadings for preserved meat are set out in the Annex hereto . frozen meat and for each of the arrangements provided for in Article 14 ( 1 ) of Regulation (EEC) 5. For the purpose of Article 14 ( 1 ) (a) of No 805/68 , the quantities imported during the Regulation (EEC) No 805/68 'preserved food' preceding month ; means products falling within subheading (b) the quantities imported, broken down as indicated 16.02 B III b) 1 bb) of the Common Customs Tariff, under (a), in respect of which the proof referred to containing by weight 20 % or more of meat of bovine in Article 1 (3) has been furnished during the animals, excluding offal and fat, in which beef and preceding month ; jelly account for at least 85 % of the total net weight. (c) the quantities of products manufactured during the 6. For the purpose of Article 14 ( 1 ) (b) of Regula­ preceding month, broken down by type of tion ( EEC) No 805/68 , ' manufacture' means the products and expressed in net weight of the processing : finished product.

22 . 3 . 78 No L 78 / 19 Official Journal of the European Communities

Article 5 shall be construed as references to this Regulation or to the corresponding Articles of this Regulation . 1 . Regulation ( EEC) No 597/77 is hereby repealed . Article 6 2. Any reference to Regulation (EEC) No 597/77 or This Regulation shall enter into force on 1 April to Articles contained therein in any Community Act 1978 .

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

Done at Brussels, 21 March 1978 .

For the Commission Finn GUNDELACH Vice-President

ANNEX

Product Coefficient

I. Preserved food , other than homogenized , containing the following percentages of meat of bovine animals : 1 . 80 % or more of meat, excluding offal and fat 1-50 2. 60 % or more but less than 80 % of meat, excluding offal and fat 110 3 . 40 % or more but less than 60 % of meat excluding offal and fat 0-90 4. 20 % or more but less than 40 % of meat, excluding offal and fat 0-30 II . The coefficient applicable in respect of homogenized preserved meat shall be in figures corresponding to the quantity, expressed in kilograms of boned frozen meat, used in the manufacture of one kilogram of preserved meat .