Commission Regulation (EEC) No 2663/80 of 17 October 1980 laying down detailed rules for applying Regulation (EEC) No 2641/80 with regard to imports of sheepmeat and goatmeat products originating in certain non-member countries

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( 1 ) OJ NO L 183 , 16 . 7 . 1980 , P . 1 .

( 2 ) OJ NO L 275 , 18 . 10 . 1980 , P . 2 .

( 3 ) OJ NO L 275 , 18 . 10 . 1980 , P . 13 .

( 4 ) OJ NO L 25 , 31 . 1 . 1975 , P . 1 .

( 5 ) OJ NO L 254 , 27 . 9 . 1980 , P . 23 .

COMMISSION REGULATION ( EEC ) NO 2663/80

OF 17 OCTOBER 1980

LAYING DOWN DETAILED RULES FOR APPLYING REGULATION ( EEC ) NO 2641/80 WITH REGARD TO IMPORTS OF SHEEPMEAT AND GOATMEAT PRODUCTS ORIGINATING IN CERTAIN NON-MEMBER COUNTRIES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1837/80 OF 27 JUNE 1980 ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT ( 1 ), AND IN PARTICULAR ARTICLE 16 ( 2 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2641/80 OF 14 OCTOBER 1980 DEROGATING FROM CERTAIN IMPORT RULES LAID DOWN IN REGULATION ( EEC ) NO 1837/80 ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT ( 2 ), AND IN PARTICULAR ARTICLE 1 ( 2 ) THEREOF ,

WHEREAS COUNCIL DECISION 80/982/EEC OF 14 OCTOBER 1980 ( 3 ) APPROVED THE VOLUNTARY RESTRAINT AGREEMENTS NEGOTIATED WITH NON-MEMBER COUNTRIES IN RESPECT OF SHEEPMEAT AND GOATMEAT ;

WHEREAS REGULATION ( EEC ) NO 2641/80 PROVIDED THAT THE ISSUE OF IMPORT LICENCES FOR PRODUCTS FALLING WITHIN SUBHEADINGS 01.04 B AND 02.01 A IV OF THE COMMON CUSTOMS TARIFF ORIGINATING IN CERTAIN NON-MEMBER COUNTRIES SHALL BE SUBJECT TO THE PRODUCTION OF A CERTIFICATE FOR EXPORT TO THE EUROPEAN ECONOMIC COMMUNITY ISSUED BY THE EXPORTING NON-MEMBER COUNTRY ; WHEREAS IT IS NECESSARY TO LAY DOWN RULES FOR APPLYING THAT SYSTEM ;

WHEREAS THE EXPORTING NON-MEMBER COUNTRIES CONCERNED HAVE UNDERTAKEN TO ISSUE CERTIFICATES FOR EXPORT FOR THE PRODUCTS IN QUESTION IN ACCORDANCE WITH THE TRADITIONAL PATTERN ; WHEREAS IT IS NECESSARY TO SPECIFY THE MODEL FOR SUCH CERTIFICATES AND TO LAY DOWN RULES FOR THEIR USE ;

WHEREAS THE CERTIFICATE FOR EXPORT TO THE EUROPEAN ECONOMIC COMMUNITY MUST BE ISSUED BY AN ISSUING AUTHORITY SITUATED IN A NON-MEMBER COUNTRY ; WHEREAS THAT AUTHORITY MUST PROVIDE ALL GUARANTEES NECESSARY TO ENSURE THE PROPER FUNCTIONING OF THE SYSTEM IN QUESTION ;

WHEREAS IT IS NECESSARY TO LIMIT THE SAID IMPORTS TO THE QUANTITIES PROVIDED FOR IN THE VOLUNTARY RESTRAINT AGREEMENTS ; WHEREAS IT IS ACCORDINGLY NECESSARY TO DEROGATE FROM COMMISSION REGULATION ( EEC ) NO 193/75 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2471/80 ( 5 ), IN RESPECT OF THE QUANTITIES WHICH MAY BE IMPORTED IN EXCESS OF THE QUANTITIES STATED IN THE LICENCE ;

WHEREAS THE QUANTITIES WHICH MAY BE EXPORTED FROM THE SAID COUNTRIES TO THE COMMUNITY UP TO 31 DECEMBER 1980 SHOULD BE FIXED ;

WHEREAS PROVISION SHOULD BE MADE FOR THE MEMBER STATES TO FORWARD INFORMATION RELATING TO THE IMPORTS IN QUESTION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SHEEP AND GOATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE ISSUE OF THE IMPORT LICENCE REFERRED TO IN THE FIRST INDENT OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2641/80 SHALL BE SUBJECT TO THE PRODUCTION OF THE CERTIFICATE FOR EXPORT TO THE EUROPEAN ECONOMIC COMMUNITY , HEREINAFTER REFERRED TO AS ' CERTIFICATE FOR EXPORT ' REFERRED TO IN THE SECOND INDENT OF THE SAME PARAGRAPH .

ARTICLE 2

1 . THE CERTIFICATE FOR EXPORT SHALL BE MADE OUT IN ONE ORIGINAL AND AT LEAST ONE COPY ON A FORM WHEREOF A SPECIMEN IS GIVEN IN ANNEX I .

THE SIZE OF THE FORM SHALL BE APPROXIMATELY 210 BY 297 MM . THE PAPER TO BE USED SHALL WEIGH NOT LESS THAN 40 G/M2 AND SHALL BE WHITE IN COLOUR .

2 . THE FORMS SHALL BE PRINTED AND COMPLETED IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY ; THEY MAY ALSO BE PRINTED AND COMPLETED IN THE OFFICIAL LANGUAGE OR IN ONE OF THE OFFICIAL LANGUAGES OF THE EXPORTING COUNTRY .

3 . THE ORIGINAL AND THE COPIES THEREOF SHALL BE EITHER TYPEWRITTEN OR HANDWRITTEN . IN THE LATTER CASE , THEY MUST BE COMPLETED IN INK AND IN BLOCK CAPITALS .

4 . EACH CERTIFICATE FOR EXPORT SHALL BEAR AN INDIVIDUAL SERIAL NUMBER ALLOCATED BY THE ISSUING AUTHORITY REFERRED TO IN ARTICLE 4 . THE COPIES SHALL BEAR THE SAME SERIAL NUMBER AS THE ORIGINAL .

ARTICLE 3

1 . THE CERTIFICATE FOR EXPORT SHALL BE VALID FOR THREE MONTHS FROM ITS DATE OF ISSUE .

THE ORIGINAL OF THE CERTIFICATE SHALL BE SUBMITTED , TOGETHER WITH A COPY , TO THE COMPETENT AUTHORITIES AT THE TIME WHEN THE APPLICATION FOR THE CORRESPONDING IMPORT LICENCE IS SUBMITTED .

2 . THE ORIGINAL SHALL BE RETAINED BY THE AUTHORITY ISSUING THE IMPORT LICENCE . HOWEVER , WHERE THE APPLICATION FOR AN IMPORT LICENCE RELATES TO ONLY PART OF THE QUANTITY APPEARING ON THE CERTIFICATE FOR EXPORT , THE ISSUING AUTHORITY SHALL STATE ON THE LATTER THE QUANTITY IN RESPECT OF WHICH IT HAS BEEN USED AND , AFTER HAVING AFFIXED ITS STAMP THERETO , SHALL PASS IT TO THE PARTY CONCERNED .

ARTICLE 4

1 . A CERTIFICATE FOR EXPORT SHALL BE VALID ONLY IF IT IS DULY COMPLETED AND ENDORSED , IN ACCORDANCE WITH THE PROVISIONS OF THIS REGULATION AND THE INSTRUCTIONS APPEARING IN ANNEX I , BY AN ISSUING AUTHORITY APPEARING ON THE LIST GIVEN IN ANNEX II .

2 . THE CERTIFICATE FOR EXPORT SHALL BE DEEMED TO HAVE BEEN DULY ENDORSED IF IT SPECIFIES THE PLACE AND DATE OF ISSUE AND THE FINAL DATE OF VALIDITY , AND IF IT BEARS THE STAMP OF THE ISSUING AUTHORITY AND THE SIGNATURE OF THE PERSON OR PERSONS EMPOWERED TO SIGN IT .

ARTICLE 5

1 . AN ISSUING AUTHORITY APPEARING ON THE LIST SET OUT IN ANNEX II MUST :

( A ) BE RECOGNIZED AS SUCH BY THE NON-MEMBER EXPORTING COUNTRY ;

( B ) UNDERTAKE TO VERIFY THE PARTICULARS APPEARING ON CERTIFICATES FOR EXPORT ;

( C ) UNDERTAKE TO COMMUNICATE PERIODICALLY TO THE COMMISSION THE QUANTITIES IN RESPECT OF WHICH CERTIFICATES FOR EXPORT ARE ISSUED , BROKEN DOWN ACCORDING TO DESTINATION .

( D ) UNDERTAKE TO SUPPLY TO THE COMMISSION AND TO THE MEMBER STATES ON REQUEST ANY ITEM OF INFORMATION ENABLING THE PARTICULARS APPEARING ON CERTIFICATES FOR EXPORT TO BE VERIFIED .

2 . THE LIST SHALL BE REVISED IF THE CONDITION REFERRED TO IN PARAGRAPH 1 ( A ) IS NO LONGER SATISFIED OR IF AN ISSUING AUTHORITY DOES NOT FULFIL ONE OF THE OBLIGATIONS WHICH IT HAS ASSUMED .

ARTICLE 6

1 . THE IMPORT LICENCE REFERRED TO IN THE FIRST INDENT OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2641/80 SHALL BE ISSUED NOT LATER THAN THE WORKING DAY FOLLOWING THAT ON WHICH THE APPLICATION IS LODGED . IT SHALL BE VALID UNTIL THE FINAL DATE OF VALIDITY OF THE CERTIFICATE FOR EXPORT SUBMITTED IN ACCORDANCE WITH ARTICLE 1 .

2 . PURSUANT TO THE FOURTH INDENT OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2641/80 , NO SECURITY SHALL BE REQUIRED FOR THE ISSUE OF THE IMPORT LICENCE REFERRED TO IN PARAGRAPH 1 .

3 . THE IMPORT LICENCE MUST BE RETURNED TO THE ISSUING AGENCY AS SOON AS POSSIBLE AND NOT LATER THAN THE TIME OF ITS EXPIRY .

ARTICLE 7

1 . THE APPLICATION FOR AN IMPORT LICENCE AND THE LICENCE ITSELF SHALL BEAR , IN SPACE 14 , THE NAME OF THE NON-MEMBER COUNTRY OF ORIGIN .

IT SHALL BE OBLIGATORY TO IMPORT FROM THE COUNTRY STATED IN THE LICENCE .

2 . THE LICENCE SHALL SHOW , IN SPACE 20 , ONE OF THE FOLLOWING FORMS OF WORDS :

- ' LEVY LIMITED TO 10 % AD VALOREM ( APPLICATION OF REGULATION ( EEC ) NO 2663/80 ) ' ;

- ' IMPORTAFGIFTEN BEGRAENSES TIL 10 % AF VAERDIEN ( JF . FORORDNING ( EOEF ) NR . 2663/80 ) ' ;

- ' BESCHRAENKUNG DER ABSCHOPFUNG AUF 10 % DES ZOLLWERTS ( ANWENDUNG DER VERORDNUNG ( EWG ) NR . 2663/80 ) ' ;

- ' PRELEVEMENT LIMITE A 10 % AD VALOREM ( APPLICATION DU REGLEMENT ( CEE ) NO 2663/80 ) ' ;

- ' PRELIEVO LIMITATO AL 10 % AD VALOREM ( APPLICAZIONE DEL REGOLAMENTO ( CEE ) N . 2663/80 ) ' ;

- ' HEFFING BEPERKT TOT 10 % AD VALOREM ( TOEPASSING VAN VERORDENING ( EEG ) NR . 2663/80 ) ' .

NOTWITHSTANDING ARTICLE 2 ( 4 ) OF REGULATION ( EEC ) NO 193/75 , THE QUANTITY PLACED IN FREE CIRCULATION MAY NOT EXCEED THAT INDICATED IN SPACES 10 AND 11 OF THE IMPORT LICENCE ; THE FIGURE 0 SHALL BE ENTERED FOR THIS PURPOSE IN SPACE 22 OF THE SAID LICENCE .

ARTICLE 8

UP TO 31 DECEMBER 1980 , FOR PRODUCTS FALLING WITHIN SUBHEADING 02.01 A IV OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ARGENTINA , AUSTRALIA , NEW ZEALAND AND URUGUAY , CERTIFICATES FOR EXPORT SHALL BE ISSUED IN ACCORDANCE WITH THE TRADITIONAL FORM OF PRESENTATION , UP TO THE FOLLOWING QUANTITIES EXPRESSED AS TONNES CARCASE EQUIVALENT :

ARGENTINA 3 733 , AUSTRALIA 5 000 , NEW ZEALAND 46 672 , URUGUAY 850 . ARTICLE 9

MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION BEFORE THE FIFTH WORKING DAY OF EVERY MONTH , BY TELEX , THE QUANTITIES , BY PRODUCT AND BY ORIGIN , IN RESPECT OF WHICH THE IMPORT LICENCES REFERRED TO IN ARTICLE 1 ( 1 ) HAVE BEEN ISSUED DURING THE PRECEDING MONTH .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 20 OCTOBER 1980 .

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

DONE AT BRUSSELS , 17 OCTOBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX I

1 . EXPORTER

2 . NO

ORIGINAL

3 . ISSUING AUTHORITY

4 . CONSIGNEE ( OPTIONAL )

5 . COUNTRY OF DESTINATION

6 . MEANS OF TRANSPORT AT THE OUTSET

CERTIFICATE FOR EXPORT

TO THE EEC OF SHEEPMEAT

AND GOATMEAT

7 . MARKS , NUMBERS , NUMBER AND KIND OF PACKAGES ; DESCRIPTION OF GOODS ( NATURE AND PRESENTATION OF THE PRODUCT , WHETHER THE MEAT IS FRESH , CHILLED OR FROZEN )

8 . NET MASS ( KG )

9 . NET MASS ( KG ) ( IN WORDS )

10 . CERTIFICATION BY THE ISSUING AUTHORITY

I HEREBY CERTIFY THAT THE QUANTITY SHOWN ON THIS CERTIFICATE REPRESENTS . . . . . . KG CARCASE MASS ( 1 ) OF THE TOTAL QUANTITY COVERED BY THE VOLUNTARY RESTRAINT AGREEMENT CONCLUDED WITH THE EUROPEAN ECONOMIC COMMUNITY .

11 . EXPIRY DATE

PLACE

DATE

( STAMP OF THE

ISSUING AUTHORITY )

( SIGNATURE )

( 1 ) USE THE CONVERSION COEFFICIENTS USED IN THE VOLUNTARY RESTRAINT AGREEMENT .

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ANNEX II

LIST OF AUTHORITIES IN EXPORTING COUNTRIES EMPOWERED TO ISSUE EXPORT LICENCES

I . JUNTA NACIONAL DE CARNES FOR ARGENTINA .

II . AUSTRALIAN MEAT AND LIVESTOCK CORPORATION FOR AUSTRALIA .

III . NEW ZEALAND MEAT PRODUCERS BOARD FOR NEW ZEALAND .

IV . INSTITUTO NACIONAL DE CARNES ( INAC ) FOR URUGUAY .