Avis juridique important

Commission Regulation (EEC) No 1137/79 of 8 June 1979 amending Regulation (EEC) No 571/78 concerning arrangements for import and export licences in the beef and veal sector Official Journal L 141 , 09/06/1979 P. 0013 - 0014 Greek special edition: Chapter 03 Volume 25 P. 0127

**** ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 24 . ( 2 ) OJ NO L 61 , 5 . 3 . 1977 , P . 1 . ( 3 ) SEE PAGE 10 OF THIS OFFICIAL JOURNAL . ( 4 ) OJ NO L 78 , 22 . 3 . 1978 , P . 10 . ( 5 ) OJ NO L 184 , 6 . 7 . 1978 , P . 18 . COMMISSION REGULATION ( EEC ) NO 1137/79 OF 8 JUNE 1979 AMENDING REGULATION ( EEC ) NO 571/78 CONCERNING ARRANGEMENTS FOR IMPORT AND EXPORT LICENCES IN THE BEEF AND VEAL SECTOR THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 805/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 425/77 ( 2 ), AND IN PARTICULAR ARTICLE 13 ( 4 ) ( C ) THEREOF , WHEREAS ARTICLE 14 OF REGULATION ( EEC ) NO 805/68 PROVIDES FOR IMPORT ARRANGEMENTS FOR FROZEN BEEF INTENDED FOR PROCESSING , WITH TOTAL OR PARTIAL SUSPENSION OF LEVIES ; WHEREAS THE DETAILED RULES RELATING TO SUCH ARRANGEMENTS WERE AMENDED BY REGULATION ( EEC ) NO 1136/79 ( 3 ); WHEREAS IT IS THEREFORE NECESSARY TO AMEND THE DETAILED RULES FOR THE ISSUE OF IMPORT LICENCES RELATING TO THOSE ARRANGEMENTS PROVIDED FOR IN COMMISSION REGULATION ( EEC ) NO 571/78 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1559/78 ( 5 ); WHEREAS ONLY THE PROCESSING INDUSTRIES ESTABLISHED FOR SOME TIME ARE TO BENEFIT FROM THE ARRANGEMENTS PROVIDED FOR IN ARTICLE 14 OF REGULATION ( EEC ) NO 805/68 ; WHEREAS , HOWEVER , IN ORDER TO TAKE ACCOUNT OF TRADE PRACTICE IN A SECTION OF THE PROCESSING INDUSTRY , THE TRANSFERABILITY OF RIGHTS ARISING FROM THE LICENCES ISSUED UNDER THOSE ARRANGEMENTS SHOULD BE RESTORED ; WHEREAS THE PROVISIONS FOR APPLYING ARTICLE 14 ( 3 ) ( B ) OF REGULATION ( EEC ) NO 805/68 SHOULD ALSO BE REVIEWED ; WHEREAS , UNTIL SUCH REVIEW CAN BE MADE , THE EXISTING DETAILED RULES FOR APPLYING THE SYSTEM IN QUESTION SHOULD BE TERMINATED ; WHEREAS THE MANAGEMENT COMMITTEE FOR BEEF AND VEAL HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN , HAS ADOPTED THIS REGULATION : ARTICLE 1 ARTICLE 10 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 571/78 IS AMENDED TO READ AS FOLLOWS : ' ( B ) SECTION 12 OF THE LICENCE APPLICATION AND OF THE LICENCE ITSELF SHALL CONTAIN ONE OF THE FOLLOWING ENTRIES : " MEAT INTENDED FOR PROCESSING - SYSTEM ( B ) - BY ( FULL NAME AND ADDRESS OF THE PROCESSING ESTABLISHMENT ) " ; " KOED BESTEMT TIL FORARBEJDNING - ORDNING ( B ) - I . . . " ; " ZUR VERARBEITUNG BESTIMMTES FLEISCH - REGELUNG ( B ) - BEI . . . " ; " VIANDES DESTINEES A LA TRANSFORMATION - REGIME ( B ) - AUPRES DE . . . " ; " CARNI DESTINATE ALLA TRASFORMAZIONE - REGIME ( B ) - PRESSO . . . " ; " VLEES BESTEMD VOOR VERWERKING - REGELING ( B ) - DOOR . . . " . ' ARTICLE 2 ARTICLE 11 OF REGULATION ( EEC ) NO 571/78 IS AMENDED AS FOLLOWS : 1 . PARAGRAPH 1 ( B ) IS AMENDED TO READ AS FOLLOWS : ' ( B ) - UNDER THE ARRANGEMENTS INDICATED IN ARTICLE 8 , THE APPLICANT IS A NATURAL OR LEGAL PERSON WHO HAS BEEN ENGAGED FOR AT LEAST 12 MONTHS IN THE LIVESTOCK AND MEAT SECTOR , - IN THE CASE OF THE ARRANGEMENTS INDICATED IN ARTICLES 9 AND 10 , THE APPLICANT IS A NATURAL OR LEGAL PERSON WHO , FOR AT LEAST 12 MONTHS , HAS BEEN ENGAGED EITHER IN THE MANUFACTURE OF THE PRESERVED FOODS REFERRED TO IN ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 805/68 OR IN THE PROCESSING OF THE PRODUCTS REFERRED TO IN ARTICLE 14 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 805/68 , AND WHO IS OFFICIALLY REGISTERED IN A MEMBER STATE ; ' 2 . PARAGRAPH 1 ( D ) IS AMENDED TO READ AS FOLLOWS : ' ( D ) THE MINIMUM PERIOD OF 12 MONTHS PROVIDED FOR IN SUBPARAGRAPHS ( B ) AND ( C ) MUST HAVE ELAPSED WHEN THE LICENCE APPLICATION IS SUBMITTED . ' 3 . AT THE END OF THE FIRST SUBPARAGRAPH OF PARAGRAPH 2 , THE WORDS ' AND , IN THE CASE OF APPLICATIONS UNDER ARTICLE 9 , THE FACTORIES INDICATED IN THE APPLICATIONS ' ARE DELETED . 4 . PARAGRAPH 8 IS AMENDED TO READ AS FOLLOWS : ' 8 . BY WAY OF DEROGATION FROM ARTICLE 3 OF REGULATION ( EEC ) NO 193/75 , THE RIGHTS ARISING FROM THE IMPORT LICENCES REFERRED TO IN ARTICLE 8 SHALL NOT BE TRANSFERABLE . ' 5 . PARAGRAPH 9 IS AMENDED TO READ AS FOLLOWS : ' 9 . WHEN LODGING APPLICATIONS FOR LICENCES UNDER ARTICLES 8 TO 10 , THE APPLICANT SHALL UNDERTAKE IN WRITING : ( A ) IN THE CASE REFERRED TO IN ARTICLE 8 , TO CARRY OUT HIMSELF , OR TO HAVE CARRIED OUT UNDER HIS RESPONSIBILITY , IN THE MEMBER STATE WHERE THE APPLICATION IS LODGED AND WHERE THE GOODS WILL BE PUT INTO FREE CIRCULATION , THE FATTENING REFERRED TO IN ARTICLE 13 OF REGULATION ( EEC ) NO 805/68 ; ( B ) IN THE CASE REFERRED TO IN ARTICLES 9 AND 10 , TO CARRY OUT HIMSELF , IN THE MEMBER STATE WHERE THE APPLICATION IS LODGED AND WHERE THE PRODUCTS WILL BE PUT INTO FREE CIRCULATION , IN THE ESTABLISHMENT DESIGNATED IN HIS APPLICATION , THE PROCESSING REFERRED TO IN ARTICLE 14 ( 1 ) ( A ) OR ( B ) OF REGULATION ( EEC ) NO 805/68 . ' 6 . IN PARAGRAPH 10 , THE WORDS ' THE FIRST SUBPARAGRAPH OF ' ARE DELETED . ARTICLE 3 ARTICLE 12 OF REGULATION ( EEC ) NO 571/78 IS DELETED . ARTICLE 4 THE ANNEX TO REGULATION ( EEC ) NO 571/78 IS DELETED . ARTICLE 5 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1979 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 8 JUNE 1979 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 24 .

( 2 ) OJ NO L 61 , 5 . 3 . 1977 , P . 1 .

( 3 ) SEE PAGE 10 OF THIS OFFICIAL JOURNAL .

( 4 ) OJ NO L 78 , 22 . 3 . 1978 , P . 10 .

( 5 ) OJ NO L 184 , 6 . 7 . 1978 , P . 18 .

COMMISSION REGULATION ( EEC ) NO 1137/79

OF 8 JUNE 1979

AMENDING REGULATION ( EEC ) NO 571/78 CONCERNING ARRANGEMENTS FOR IMPORT AND EXPORT LICENCES IN THE BEEF AND VEAL SECTOR

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 805/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 425/77 ( 2 ), AND IN PARTICULAR ARTICLE 13 ( 4 ) ( C ) THEREOF ,

WHEREAS ARTICLE 14 OF REGULATION ( EEC ) NO 805/68 PROVIDES FOR IMPORT ARRANGEMENTS FOR FROZEN BEEF INTENDED FOR PROCESSING , WITH TOTAL OR PARTIAL SUSPENSION OF LEVIES ; WHEREAS THE DETAILED RULES RELATING TO SUCH ARRANGEMENTS WERE AMENDED BY REGULATION ( EEC ) NO 1136/79 ( 3 ); WHEREAS IT IS THEREFORE NECESSARY TO AMEND THE DETAILED RULES FOR THE ISSUE OF IMPORT LICENCES RELATING TO THOSE ARRANGEMENTS PROVIDED FOR IN COMMISSION REGULATION ( EEC ) NO 571/78 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1559/78 ( 5 );

WHEREAS ONLY THE PROCESSING INDUSTRIES ESTABLISHED FOR SOME TIME ARE TO BENEFIT FROM THE ARRANGEMENTS PROVIDED FOR IN ARTICLE 14 OF REGULATION ( EEC ) NO 805/68 ; WHEREAS , HOWEVER , IN ORDER TO TAKE ACCOUNT OF TRADE PRACTICE IN A SECTION OF THE PROCESSING INDUSTRY , THE TRANSFERABILITY OF RIGHTS ARISING FROM THE LICENCES ISSUED UNDER THOSE ARRANGEMENTS SHOULD BE RESTORED ;

WHEREAS THE PROVISIONS FOR APPLYING ARTICLE 14 ( 3 ) ( B ) OF REGULATION ( EEC ) NO 805/68 SHOULD ALSO BE REVIEWED ; WHEREAS , UNTIL SUCH REVIEW CAN BE MADE , THE EXISTING DETAILED RULES FOR APPLYING THE SYSTEM IN QUESTION SHOULD BE TERMINATED ;

WHEREAS THE MANAGEMENT COMMITTEE FOR BEEF AND VEAL HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 10 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 571/78 IS AMENDED TO READ AS FOLLOWS :

' ( B ) SECTION 12 OF THE LICENCE APPLICATION AND OF THE LICENCE ITSELF SHALL CONTAIN ONE OF THE FOLLOWING ENTRIES :

" MEAT INTENDED FOR PROCESSING - SYSTEM ( B ) - BY ( FULL NAME AND ADDRESS OF THE PROCESSING ESTABLISHMENT ) " ;

" KOED BESTEMT TIL FORARBEJDNING - ORDNING ( B ) - I . . . " ;

" ZUR VERARBEITUNG BESTIMMTES FLEISCH - REGELUNG ( B ) - BEI . . . " ;

" VIANDES DESTINEES A LA TRANSFORMATION - REGIME ( B ) - AUPRES DE . . . " ;

" CARNI DESTINATE ALLA TRASFORMAZIONE - REGIME ( B ) - PRESSO . . . " ;

" VLEES BESTEMD VOOR VERWERKING - REGELING ( B ) - DOOR . . . " . '

ARTICLE 2

ARTICLE 11 OF REGULATION ( EEC ) NO 571/78 IS AMENDED AS FOLLOWS :

1 . PARAGRAPH 1 ( B ) IS AMENDED TO READ AS FOLLOWS :

' ( B ) - UNDER THE ARRANGEMENTS INDICATED IN ARTICLE 8 , THE APPLICANT IS A NATURAL OR LEGAL PERSON WHO HAS BEEN ENGAGED FOR AT LEAST 12 MONTHS IN THE LIVESTOCK AND MEAT SECTOR ,

- IN THE CASE OF THE ARRANGEMENTS INDICATED IN ARTICLES 9 AND 10 , THE APPLICANT IS A NATURAL OR LEGAL PERSON WHO , FOR AT LEAST 12 MONTHS , HAS BEEN ENGAGED EITHER IN THE MANUFACTURE OF THE PRESERVED FOODS REFERRED TO IN ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 805/68 OR IN THE PROCESSING OF THE PRODUCTS REFERRED TO IN ARTICLE 14 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 805/68 , AND WHO IS OFFICIALLY REGISTERED IN A MEMBER STATE ; '

2 . PARAGRAPH 1 ( D ) IS AMENDED TO READ AS FOLLOWS :

' ( D ) THE MINIMUM PERIOD OF 12 MONTHS PROVIDED FOR IN SUBPARAGRAPHS ( B ) AND ( C ) MUST HAVE ELAPSED WHEN THE LICENCE APPLICATION IS SUBMITTED . '

3 . AT THE END OF THE FIRST SUBPARAGRAPH OF PARAGRAPH 2 , THE WORDS ' AND , IN THE CASE OF APPLICATIONS UNDER ARTICLE 9 , THE FACTORIES INDICATED IN THE APPLICATIONS ' ARE DELETED .

4 . PARAGRAPH 8 IS AMENDED TO READ AS FOLLOWS :

' 8 . BY WAY OF DEROGATION FROM ARTICLE 3 OF REGULATION ( EEC ) NO 193/75 , THE RIGHTS ARISING FROM THE IMPORT LICENCES REFERRED TO IN ARTICLE 8 SHALL NOT BE TRANSFERABLE . '

5 . PARAGRAPH 9 IS AMENDED TO READ AS FOLLOWS :

' 9 . WHEN LODGING APPLICATIONS FOR LICENCES UNDER ARTICLES 8 TO 10 , THE APPLICANT SHALL UNDERTAKE IN WRITING :

( A ) IN THE CASE REFERRED TO IN ARTICLE 8 , TO CARRY OUT HIMSELF , OR TO HAVE CARRIED OUT UNDER HIS RESPONSIBILITY , IN THE MEMBER STATE WHERE THE APPLICATION IS LODGED AND WHERE THE GOODS WILL BE PUT INTO FREE CIRCULATION , THE FATTENING REFERRED TO IN ARTICLE 13 OF REGULATION ( EEC ) NO 805/68 ;

( B ) IN THE CASE REFERRED TO IN ARTICLES 9 AND 10 , TO CARRY OUT HIMSELF , IN THE MEMBER STATE WHERE THE APPLICATION IS LODGED AND WHERE THE PRODUCTS WILL BE PUT INTO FREE CIRCULATION , IN THE ESTABLISHMENT DESIGNATED IN HIS APPLICATION , THE PROCESSING REFERRED TO IN ARTICLE 14 ( 1 ) ( A ) OR ( B ) OF REGULATION ( EEC ) NO 805/68 . '

6 . IN PARAGRAPH 10 , THE WORDS ' THE FIRST SUBPARAGRAPH OF ' ARE DELETED .

ARTICLE 3

ARTICLE 12 OF REGULATION ( EEC ) NO 571/78 IS DELETED .

ARTICLE 4

THE ANNEX TO REGULATION ( EEC ) NO 571/78 IS DELETED .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 8 JUNE 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT