Commission Regulation (EEC) No 3661/92 of 18 December 1992 amending measures in respect of the application of the common organization of the market in beef and veal as a result of the amendment of certain CN codes in the combined nomenclature

• Published date: 19 December 1992
• Subject Matter: French overseas departments,Common customs tariff,Information and verification,Beef and veal
• Official Gazette Publication: Official Journal of the European Communities, L 370, 19 December 1992

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31992R3661

Commission Regulation (EEC) No 3661/92 of 18 December 1992 amending measures in respect of the application of the common organization of the market in beef and veal as a result of the amendment of certain CN codes in the combined nomenclature

Official Journal L 370 , 19/12/1992 P. 0016 - 0042
Finnish special edition: Chapter 3 Volume 46 P. 0239
Swedish special edition: Chapter 3 Volume 46 P. 0239

COMMISSION REGULATION (EEC) No 3661/92 of 18 December 1992 amending measures in respect of the application of the common organization of the market in beef and veal as a result of the amendment of certain CN codes in the combined nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products (1), as amended by Regulation (EEC) No 3209/89 (2), and in particular Article 2 (2) thereof,

Whereas Commission Regulation (EEC) No 2505/92 (3), amending Annexes I and II to Council Regulation (EEC) No 2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs Tariff (4) has made certain amendments to the nomenclature for the market in beef and veal, whereas as a result it is necessary to adjust Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (5), as last amended by Regulation (EEC) No 2066/92 (6) and a number of measures affecting the sector;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 805/68 is hereby amended as follows:

1. Article 1 is amended as follows:

(a) Paragraph 1 (a):

- CN codes 01 02 90 10 to 01 02 90 37 are replaced by CN codes '0102 90 05 to 0102 90 79'

(b) Paragraph 1 (b):

- CN code 0102 10 00 is replaced by CN codes '0102 10'.

- CN code 1602 15 90 is replaced by CN codes '1602 50 31 to 1602 50 80'.

(c) Paragraph 2 (a) is replaced by the following:

'(a) "bovine animals" means:

live animals of the domestic bovine species other than pure-bred breeding animals falling within subheadings 0102 90 05 to 0102 90 79 of the combined nomenclature;'

2. The first subparagraph of Article 6 (1) is replaced by the following:

'Where the conditions laid down in paragraph 2 are met, buying-in by intervention agencies in one or more Member States or in a region of a Member State of one or more categories, qualities or quality groups, to be determined, of fresh or chilled meat falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 originating in the Community may be organized under tender procedures arranged with a view to ensuring reasonable support of the market, having regard to seasonal developments as regards slaughterings.'

3. The second subparagraph of Article 10 (2) is replaced by the following:

'The free-at-frontier offer price shall be established by reference to the most representative purchasing possibilities, as regards quality and quantity, recorded over a period to be fixed preceding the determining of the basic levy, for bovine animals and for fresh and chilled meat of the types set out in subheadings 0201 10 00 and 0201 20 20 to 0201 20 50 of Section (a) of the Annex, taking into account inter alia:

(a) the supply and demand situation;

(b) the world market prices for frozen meat of a category which is competitive with fresh or chilled meat;

(c) past experience.'

4. The Annex is replaced by Annex I to this Regulation.

Article 2

Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the application of levies on beef and veal and amending Council Regulation (EEC) No 950/68 of the Common Customs Tariff (7), as last amended by Regulation (EEC) No 3988/87 (8) is hereby amended as follows:

1. Article 9 (1) is replaced by the following:

'1. For the purposes of the levies,

(a) "Carcases of bovine animals", for the purposes of CN codes 0201 11 00 and 0202 10 00 means whole carcases of the slaughtered animals after having been bled, eviscerated and skinned, imported with or without the other offals attached. Where carcases are imported without the heads, the latter must have been separated from the carcase at the atloido-occipital joint. When imported without the feet, the latter must have been cut off at the carpo-metacarpal or tarso-metacarsal joints; carcase includes the front part of the carcase comprising all the bones and the scrag, neck and shoulder having more than 10 pairs of ribs;

(b) "Half-carcases of bovine animals", for the purposes of CN codes 0201 11 00 and 0202 10 00 means the product resulting from the symmetrical division of the whole carcase through the centre of each cervical, dorsal, lumbar and sacral vertebra and through the centre of the sternum and of the ischiopubic symphysis; "half-carcase" includes the front part of the half-carcase comprising all the bones and the scrag, neck and shoulder having more than 10 ribs.

(c) "Compensated quarters", for the purposes of CN codes 0201 20 20 and 0202 20 10 are composed of either:

- forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the 10th rib; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the third rib, or

- forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the fifth rib with the whole of the flank and breast attached; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the eighth rib.

The forequarters and the hindquarters constituting "compensated quarters" must be imported at the same time and in equal numbers and the total weight of the forequarters must be the same as that of the hindquarters; however, a difference between the weights of the two parts of the consignment is allowed provided that this does not exceed 5 % of the weight of the heavier part (forequarters or hindquarters);

(d) "Unseparated forequarters", for the purposes of CN codes 0201 20 30 and 0202 20 30 means the front part of the carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four pairs of ribs and a maximum of 10 pairs of ribs (the first four pairs of ribs shall be whole, the others may be cut) with or without the thin flank;

(e) "Separated forequarters" for the purposes of CN codes 0201 20 30 and 0202 20 30 means the front part of the half-carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four ribs and a maximum of 10 ribs (the first four ribs shall be whole, the others may be cut) with or without the thin flank;

(f) "Unseparated hindquarters", for the purpose of CN code 0202 20 50 and 0202 20 50, means the rear part of the carcase comprising all the bones and the thigh and sirloin, including the fillet, with a minimum of three pairs of whole or cut ribs with or without the thin flank;

(g) "Separated hindquarters", for the purpose of CN codes 0201 20 50 and 0202 20 50 means the rear part of the half-carcase comprising all the bones and the thigh and sirloin including the fillet, with a minimum of three whole or cut ribs with or without the shank and with or without the thin flank;

(h) "Crop" and "chuck and blade" cuts, for the purposes of CN code 0202 30 50 means the dorsal part of the forequarter, including the upper part of the shoulder, obtained from a forequarter with a minimum of four ribs and a maximum of 10 ribs by a cut along a straight line through the point where the first rib joins the first sternal segment to the point of reflection of the diaphragm on the 10th rib;

(i) "Brisket" cut, for the purposes of CN code 0202 30 50 of the combined nomenclature means the lower part of the forequarter comprising the brisket navel end and the brisket point end;

(j) "Other prepared or preserved meat or meat offal containing bovine meat or offal, uncooked" for the purposes of CN codes 1602 50 10 and 1602 90 61, means products which have not been subject 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.'

2. Annex I is replaced by Annex II to this Regulation.

Article 3

Article 2 (5) of Commission Regulation (EEC) No 1136/79 of 8 June 1979 laying down detailed rules for the application of special import arrangements for certain types of frozen beef intended for processing and repealing Regulation (EEC) No 572/78 (9) as last amended by Regulation (EEC) No 817/89 (10) is hereby replaced by the following:

'5. For the purposes of Article 14 (1) (a) of Regulation (EEC) No 805/68 "preserves" means products falling within CN codes 1602 50 31 to 1602 50 80 of the combined nomenclature, containing by weight 20 % or more of meat of bovine animals, excluding offal and fat, in which beef and jelly account for at least 85 % of the total net weight.

However, products which have been processed in a retail or catering establishment and offered for sale to the ultimate consumer shall not be considered "preserves".'

Article 4

Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (11), as last amended by Regulation (EEC) No 815/91 (12) is hereby amended as follows:

1. Article 2 is replaced by the following:

'Article 2

1. A licence shall be required for the import into the Community and export therefrom of any of the products referred to...