Keywords
Summary

Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BOVINE MEATS - EXPORT REFUNDS - PREPARATIONS AND PRESERVES CONTAINING BOVINE MEATS - DETERMINATION OF THE PERCENTAGE OF BOVINE MEATS - EXCLUSION OF "FAT"

( COMMISSION REGULATION NO 187/80, ANNEX )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - DECISION CONCERNING THE CLEARANCE OF ACCOUNTS - TIME-LIMIT - FAILURE TO COMPLY - EFFECT ON THE COMMISSION' S OBLIGATION NOT TO ACCEPT EXPENDITURE INCURRED OTHERWISE THAN IN CONFORMITY WITH COMMUNITY RULES - NONE

( REGULATION NO 729/70 OF THE COUNCIL, ART . 5 ( 2 ) )

Summary

1 . SUBHEADING EX 16.02 B III ( B ) 1 IN THE ANNEX TO REGULATION NO 187/80 FIXING THE EXPORT REFUNDS ON BEEF AND VEAL MUST BE INTERPRETED AS MEANING THAT IN DETERMINING THE PERCENTAGE OF BOVINE MEATS CONTAINED IN PREPARATIONS OR PRESERVES, FAT ATTACHED TO PIECES OF MEAT USED IN THE PRODUCT AND WHICH APPEAR TO BE CLEARLY DISTINCT THEREFROM IS NOT TO BE REGARDED AS BOVINE MEAT . AN INTERPRETATION WHICH ALSO EXCLUDES ANY PROPORTION OF FAT NOT APPARANT TO THE NAKED EYE WHICH MAY BE INSIDE THE MUSCLE TISSUE AND WHICH CANNOT BE PHYSICALLY DETACHED FROM THE PIECE OF MEAT USED CANNOT BE REGARDED AS DICTATED BY THE PROVISION .

2 . THE MERE FACT THAT THE ACCOUNTS CONCERNING EXPENDITURE TO BE CHARGED TO THE EAGGF ARE CLEARED AFTER THE EXPIRY OF THE PERIOD PRESCRIBED IN ARTICLE 5 OF REGULATION NO 729/70 DOES DISPENSE THE COMMISSION FROM ITS OBLIGATIONS TO REFUSE TO CHARGE TO THE EAGGF EXPENDITURE WHICH THE CHECKS WHICH IT IS ABLE TO CARRY OUT SHOW NOT TO HAVE BEEN INCURRED IN ACCORDANCE WITH COMMUNITY RULES . SINCE NO PENALTY IS IMPOSED FOR FAILURE TO COMPLY WITH THAT TIME-LIMIT, IT MAY THEREFORE BE REGARDED AS A MERELY FORMAL LIMIT, SAVE WHERE THE INTERESTS OF A MEMBER STATE ARE AFFECTED .