31967R0202

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( 1 ) OJ NO 117 , 19 . 6 . 1967 , P . 2283/67 .

( 2 ) OJ NO 122 , 22 . 6 . 1967 , P . 2395/67 .

( 3 ) OJ NO 120 , 21 . 6 . 1967 , P . 2367/67 .

( 4 ) OJ NO 130 , 28 . 6 . 1967 , P . 2604/67 .

REGULATION NO 202/67/EEC OF THE COMMISSION OF 28 JUNE 1967 ON FIXING THE ADDITIONAL AMOUNT FOR IMPORTS OF PIGMEAT PRODUCTS FROM THIRD COUNTRIES

THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO REGULATION NO 121/67/EEC ( 1 ) OF 13 JUNE 1967 ON THE COMMON ORGANISATION OF THE MARKET IN PIGMEAT , AND IN PARTICULAR ARTICLE 13 ( 5 ) AND ARTICLE 22 THEREOF ;

WHEREAS IN ACCORDANCE WITH ARTICLE 13 OF REGULATION NO 121/67/EEC THE LEVY MUST BE INCREASED BY AN ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE SLUICE-GATE PRICE , AND THE FREE-AT-FRONTIER OFFER PRICE , WHERE THE FREE-AT-FRONTIER OFFER PRICE FOR A PRODUCT FALLS BELOW THE SLUICE-GATE PRICE ;

WHEREAS , WHERE AN ADDITIONAL AMOUNT IS FIXED FOR A PILOT PRODUCT , THE LEVY ON THE DERIVED PRODUCT MUST BE INCREASED , IN ACCORDANCE WITH ARTICLE 2 ( 1 ) OF COUNCIL REGULATION NO 137/67/EEC ( 2 ) OF 13 JUNE 1967 LAYING DOWN GENERAL RULES FOR THE SYSTEM OF " PILOT PRODUCTS AND DERIVED PRODUCTS " ALLOWING ADDITIONAL AMOUNTS TO BE FIXED FOR PIGMEAT , BY AN ADDITIONAL AMOUNT , WHEN THE FREE-AT-COMMUNITY-FRONTIER OFFERS FOR THE DERIVED PRODUCT FOLLOW THE SAME TREND AS THOSE FOR THE PILOT PRODUCT ; WHEREAS , WHERE AN ADDITIONAL AMOUNT HAS NOT BEEN FIXED FOR THE PILOT PRODUCT , AN ADDITIONAL AMOUNT MAY BE FIXED FOR A DERIVED PRODUCT IF THE FREE-AT-FRONTIER OFFERS FOR THIS PRODUCT DO NOT CORRESPOND TO THE NORMAL RELATIONSHIP BETWEEN THE PRICE OF THE PILOT PRODUCT AND THAT OF THE DERIVED PRODUCT ; WHEREAS , IN THIS CASE , THE ADDITIONAL AMOUNT IS THAT NEEDED TO RESTORE THE NORMAL RELATIONSHIP BETWEEN THE PRICE OF THE PILOT PRODUCT AND THAT OF THE DERIVED PRODUCT ;

WHEREAS , SO THAT THE ADDITIONAL AMOUNT MAY BE UNIFORM FOR THE DIFFERENT QUALITIES OF EACH PRODUCT , THE FREE-AT-FRONTIER OFFER PRICE SHOULD BE DETERMINED WITH REFERENCE TO A SPECIFIC QUALITY ;

WHEREAS SLAUGHTERED SOWS ARE SOLD ON THE MARKETS AT A PRICE ON AVERAGE 15 % LOWER THAN THE PRICE FOR PIG CARCASES ; WHEREAS , THEREFORE , THEIR OFFER PRICE SHOULD BE INCREASED BY 17.65 % ;

WHEREAS , IN A SINGLE MARKET , THE CONDITIONS LAID DOWN IN ARTICLE 13 ( 2 ) OF REGULATION NO 121/67/EEC SHOULD BE ASSESSED WITHIN THE FRAMEWORK OF A COMMUNITY PROCEDURE ;

WHEREAS , IN ORDER TO DETERMINE THE OFFER PRICE AS ACCURATELY AS POSSIBLE , ACCOUNT SHOULD BE TAKEN BOTH OF THE PARTICULARS IN CUSTOMS DOCUMENTS AND OF OTHER INFORMATION , IN PARTICULAR THAT RELATING TO THE PRICE RULING ON THE MARKETS OF MEMBER STATES AND THIRD COUNTRIES FOR THE PRODUCTS IN QUESTION ;

WHEREAS CERTAIN PROVISIONS APPLICABLE TO PILOT PRODUCTS MAY BE APPLIED ALSO TO DERIVED PRODUCTS ; WHEREAS THEY SHOULD THEREFORE BE MADE APPLICABLE TO THE LATTER PRODUCTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PIGMEAT ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FOR THE PURPOSES OF ARTICLE 13 OF REGULATION NO 121/67/EEC , THE FREE-AT-FRONTIER OFFER PRICE ( HEREINAFTER CALLED THE " OFFER PRICE " ) SHALL BE :

( A ) FOR LIVE DOMESTIC SWINE FALLING WITHIN SUB-HEADING NO 01.03 A II ( B ) OF THE TABLE APPEARING IN ARTICLE 1 OF REGULATION NO 134/67/EEC ( 3 ) , AS AMENDED BY REGULATION NO 173/67/EEC ( 4 ) : THE PRICE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 FOR THE QUALITY CORRESPONDING TO THE STANDARD QUALITY DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 ( 4 ) OF REGULATION NO 121/67/EEC ;

( B ) FOR MEAT OF DOMESTIC SWINE IN CARCASES OR HALF CARCASES MENTIONED IN THE FIRST SENTENCE OF ARTICLE 1 OF REGULATION NO 134/67/EEC , AS AMENDED BY REGULATION NO 173/67/EEC , EXCEPT FOR SLAUGHTERED SOWS : THE PRICE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 , FOR MEAT OF DOMESTIC SWINE IN CARCASES OR HALF-CARCASES , WITH THE HEADS , FEET AND FLARE FAT , OF A QUALITY CORRESPONDING TO THE STANDARD QUALITY DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 ( 4 ) OF REGULATION NO 121/67/EEC ;

( C ) FOR LIVE SOWS FALLING WITHIN SUB-HEADING NO 01.03 A II ( A ) OF REGULATION NO 134/67/EEC , AS AMENDED BY REGULATION NO 173/67/EEC : THE PRICE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 ;

( D ) FOR SLAUGHTERED SOWS : THE PRICE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 , INCREASED BY 17.65 % OF THAT PRICE ;

( E ) FOR THE PRODUCTS LISTED IN ANNEX I TO REGULATION NO 137/67/EEC , AS AMENDED BY REGULATION NO 173/67/EEC , OTHER THAN THOSE MENTIONED IN ( A ) TO ( D ) ABOVE : THE PRICE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2 FOR PRODUCTS OF FAIR AVERAGE QUALITY AND PRESENTATION .

2 . FOR THE PURPOSES OF THE PRECEDING PARAGRAPH , " SLAUGHTERED SOWS " MEANS MEAT OF DOMESTIC SWINE IN CARCASES OR HALF-CARCASES , OF A WEIGHT NOT LESS THAN 65 KILOGRAMMES PER HALF-CARCASE , ACCOMPANIED BY A DOCUMENT CERTIFYING THAT IT IS SOW MEAT . SUCH CERTIFICATE SHALL HAVE BEEN ISSUED BY THE VETERINARY OFFICER OF THE APPROVED EXPORTING SLAUGHTERHOUSE WHO IS OFFICIALLY AUTHORISED TO ISSUE HEALTH CERTIFICATES .

ARTICLE 2

THE OFFER PRICE SHALL BE DETERMINED TAKING PARTICULAR ACCOUNT OF :

( A ) THE PRICES SHOWN IN THE CUSTOMS DOCUMENTS ACCOMPANYING THE IMPORTED PRODUCTS ;

( B ) OTHER INFORMATION ON EXPORT PRICES RULING IN THIRD COUNTRIES ;

( C ) THE MARKET PRICES RULING IN MEMBER STATES FOR PRODUCTS IMPORTED FROM THIRD COUNTRIES ;

( D ) THE PRICES RULING ON REPRESENTATIVE MARKETS IN THIRD COUNTRIES .

PRICES RELATING TO OFFERS WHICH ARE NOT REPRESENTATIVE SHALL BE EXCLUDED .

ARTICLE 3

THE ADDITIONAL AMOUNT SHALL BE THE SAME PER UNIT OF QUANTITY FOR ALL IMPORTS OF A GIVEN PRODUCT ORIGINATING IN PARTICULAR THIRD COUNTRIES OR IMPORTED FROM THIRD COUNTRIES , AS THE CASE MAY BE , IN RESPECT OF WHICH THE SAME OFFER PRICE HAS BEEN DETERMINED .

ARTICLE 4

THE PROVISIONS OF ARTICLES 1 ( 1 ) ( E ) , 2 AND 3 SHALL APPLY TO DERIVED PRODUCTS , THE WORDS " OFFER PRICE " BEING REPLACED BY THE WORD " OFFERS " .

ARTICLE 5

1 . AN ADDITIONAL AMOUNT SHALL BE FIXED WHEN IT IS FOUND THAT THE OFFER PRICE HAS FALLEN BELOW THE SLUICE-GATE PRICE . IT SHALL BE ALTERED WHEN IT IS FOUND THAT THE OFFER PRICE HAS ALTERED . IT SHALL CEASE TO APPLY WHEN IT IS FOUND THAT THE OFFER PRICE HAS REACHED OR EXCEEDS THE SLUICE-GATE PRICE .

2 . FOR A DERIVED PRODUCT , AN ADDITIONAL AMOUNT SHALL BE FIXED WHEN IT IS FOUND THAT THE CONDITIONS LAID DOWN IN ARTICLES 2 ( 1 ) OR 4 OF REGULATION NO 137/67/EEC ARE FULFILLED . IT SHALL BE ALTERED WHEN IT IS FOUND THAT THE ADDITIONAL AMOUNT OF THE PILOT PRODUCT HAS ALTERED OR THAT THE FREE-AT-FRONTIER OFFERS OF THE DERIVED PRODUCT MENTIONED IN ARTICLE 2 ( 4 ) OF THAT REGULATION HAVE ALTERED . IT SHALL CEASE TO APPLY WHEN IT IS FOUND THAT THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 ) OR 4 OF THAT REGULATION ARE NO LONGER FULFILLED .

ARTICLE 6

THIRD COUNTRIES TO WHICH THE PROVISIONS OF ARTICLE 13 ( 2 ) OF REGULATION NO 121/67/EEC APPLY SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 24 OF THAT REGULATION .

ARTICLE 7

THE COMMISSION SHALL REGULARLY REVIEW THE FINDINGS ON THE BASIS OF WHICH THE ADDITIONAL AMOUNT IS FIXED .

MEMBER STATES SHALL REGULARLY COMMUNICATE TO THE COMMISSION INFORMATION RELATING TO IMPORTS AND THE INFORMATION IT REQUIRES TO ASSESS PRICE TRENDS ON COMMUNITY AND THIRD COUNTRY MARKETS .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1967 .

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

DONE AT BRUSSELS , 28 JUNE 1967 .

FOR THE COMMISSION

THE PRESIDENT

WALTER HALLSTEIN