23 . 12. 82 Official Journal of the European Communities No L 362/29
COMMISSION REGULATION (EEC) No 3451/82
of 21 December 1982
fixing the quantity of young male bovine animals which may be imported on
special terms in the first quarter of 1983
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 ('), as last amended by the Act
of Accession of Greece, and in particular Articles 13
(4), 15 (2) and 25 thereof,
Whereas the partial reduction of the levy is intended
to help improve cattle rearing and beef and veal
production structures in Italy and in Greece ; whereas
appropriate measures must therefore be taken to
ensure that producers can, as far as possible, benefit
directly from the arrangements without traditional
trade being excluded ; whereas this objective can be
achieved by giving agricultural producers and their
organizations priority when issuing the licences
conferring entitlement to benefit from the arrange
ments ;
Whereas, according to Article 9 ( 1 ) of Regulation
(EEC) No 2377/80, the applicant shall undertake
either to carry out himself or to have carried out under
his responsibility the task of fattening ; whereas, in the
case of agricultural producers or their professional
organization, it appears that the opportunity given to
the applicant not to carry out himself the task of fat
tening could give rise to abuses in certain cases ;
whereas it seems appropriate consequently to abolish
that opportunity for the quarter in question ;
Whereas, in the case of import licence applications
made by agricultural producers or their professional
organizations, or the traditional trade, it is necessary, in
order to permit a more equitable distribution of the
quantities available, to limit the maximum quantity
which each application may cover ;
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Beef and Veal ,
Whereas the Council has established an estimate
under the new import arrangements for young male
bovine animals for fattening, for the period 1 January
to 31 December 1983 ; whereas, under Article 13 (4) (a)
of Regulation (EEC) No 805/68 , the quantity which
may be imported each quarter and the rate of reduc
tion of the import levy on these animals must be
determined :
Whereas detailed rules for the practical application of
the special arrangements were laid down in Commis
sion Regulation (EEC) No 612/77 (2), as amended by
Regulation (EEC) No 1384/77 (3), and in Regulation
(EEC) No 2377/80 (4), as last amended by Regulation
(EEC No 1617/820 ;
Whereas the supply requirements of certain regions of
the Community which have a serious deficit in bovine
animals for fattening must be taken into account ;
whereas these requirements are apparent in Italy and
in Gteece and may be estimated for the first quarter of
1983 at 60 000 head and 9 500 head respectively in
those Member States ;
HAS ADOPTED THIS REGULATION :
Article 1
Whereas the supply requirements in young bovine
animals for fattening justify, for the first quarter of
1983 , a higher rate of reduction of the levy for animals
weighing from 220 to 300 kilograms per head, orig
inating in and coming from Yugoslavia ; 1 . For the period from 1 January to 31 March 1983,the maximum quantity referred to in Article 13 (4) (a)
of Regulation (EEC) No 805/68 shall be 71 500 head
of young male bovine animals for fattening, of a live
weight of 300 kilograms or less, of which 60 000 head
must be imported into and fattened in Italy and 9 500
head must be imported into and fattened in Greece.
(■) OJ No L 148 , 28 . 6 . 1968 , p . 24 .
0 OJ No L 77, 25 . 3 . 1977, p . 18 .
3) OJ No L 157, 28 . 6 . 1977, p . 16 .
(4) OJ No L 241 , 13 . 9 . 1980, p . 5 .
O OJ No L 180 , 24 . 6 . 1982, p . 24 .
No L 362/30 Official Journal of the European Communities 23 . 12. 82
2. The levy charged on imports of the young bovine
animals referred to in paragraph 1 shall be equal to
the levy applicable on the day of import less 60 % .
However, the levy applicable on the day of import
shall be reduced by 70 % in respect of a maximum of
1 5 300 young bovine animals weighing from 220 to
300 kilograms per head, originating in and coming
from Yugoslavia .
This maximum quantity may be imported up to a
maximum of :
(b) to other applicants, in respect of a maximum of
20 000 head, including a maximum of 4 340 head
originating in and coming from Yugoslavia.
6 . Within the quantity reserved for Greece, import
licences may be issued directly :
(a) to agricultural producers or their organizations in
respect of a maximum of 6 330 head, including a
maximum of 1 260 head originating in and
coming from Yugoslavia ;
Greece shall , for this purpose , specify the catego
ries of applicants in the communication referred to
in Article 15 (4) (a) of Regulation (EEC) No
2377/80 ;
(b) to other applicants, in respect of a maximum of
3 170 head, including a maximum of 640 head
originating in and coming from Yugoslavia.
— 1 3 000 head in Italy,
— 1 900 head in Greece, and
— 400 head in the other Member States .
Article 2
3 . The application for a licence and the licence
shall be in accordance with Article 9 ( 1 ) (c) of Regula
tion (EEC) No 2377/80 and shall relate to :
— either young bovine animals of a weight per head
not exceeding 300 kilograms, or
— young bovine animals of a weight per head of from
220 to 300 kilograms, originating in and coming
from Yugoslavia .
In the latter case, Sections 13 and 14 of the applica
tion for a licence and the licence shall include one of
the following entries :
— 'Jugoslavien ,
— 'Jugoslawien ,
— TiouyKOCT/iaoia',
— 'Yugoslavia',
— 'Yougoslavie ,
— 'Iugoslavia ,
— 'Joegoslavië .
1 . In the case of the quantity referred to in Article 1
(5) (a) and (6) (a):
(a) notwithstanding Article 9 ( 1 ) (d) of Regulation
(EEC) No 2377/80 , the applications for import
licences lodged :
— by agricultural producers, directly or through
their professional organizations, shall be
acceptable only if the agricultural producers
undertake in writing to fatten on their farms
the young bovine animals imported under this
Regulation,
— by professional organizations, shall be
acceptable only if they undertake in writing to
have the young bovine animals imported under
this Regulation fattened on the farms of those
who are found to be members of the said
organizations at the time the declaration
referred to in Article 1 ( 1 ) (d) of Regulation
(EEC) No 612/77 is made ;
(b) applications for import licences may not cover
more than 100 head when made by individual
applicants or more than 100 head per member
when made by professional organizations. The total
quantity applied for by a professional organization
may not, however, exceed 2 500 head .
2 . In the case of the quantity referred to in Article 1
(5) (b) and (6) (b), applications for import licences may
not cover more than 10 % of that quantity.
3 . Without prejudice to Article 1 (3) of Regulation
(EEC) No 612/77, the security there referred to shall
not be released, in whole or in part, unless proof is
provided to the competent authorities of the Member
State in question that the undertaking in paragraph 1
(a) has been complied with .
The licence shall make it compulsory to import from
the country indicated.
4. Member States shall specify in the communica
tion referred to in Article 15 (4) (a) of Regulation
(EEC) No 2377/80 the category of live weight, and the
origin of the products in the case referred to in the
second indent of the first subparagraph of paragraph 3 .
5 . Within the quantity reserved for Italy, import
licences may be issued directly :
(a) to agricultural producers or their organizations in
respect of a maximum of 40 000 head, including a
maximum of 8 660 head originating in and
coming from Yugoslavia ;
Italy shall , for this purpose, specify the categories
of applicants in the communication referred to in
Article 1 5 (4) (a) of Regulation (EEC) No 2377/80 ;
23 . 12 . 82 Official Journal of the European Communities No L 362/31
Article 3 Article 4
For the purpose of Article 15 (3) of Regulation (EEC)
No 2377/80 , all applications from one applicant which
relate to the same category of weight and the same rate
of reduction of the levy shall be treated as one applica
tion .
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.
It shall apply with effect from 1 January 1983 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 21 December 1982.
For the Commission
Poul DALSAGER
Member of the Commission
Full & Egal Universal Law Academy