31975R2767

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( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) SEE PAGE 25 OF THIS OFFICIAL JOURNAL .

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

( 4 ) OJ NO L 322 , 23 . 11 . 1973 , P . 1 .

REGULATION ( EEC ) NO 2767/75 OF THE COUNCIL OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES FOR THE SYSTEM OF " PILOT PRODUCTS AND DERIVED PRODUCTS " ENABLING ADDITIONAL AMOUNTS TO BE FIXED FOR PIGMEAT

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 ( 1 ) OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , AND IN PARTICULAR ARTICLE 13 ( 4 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ARTICLE 12 OF REGULATION ( EEC ) NO 2759/75 PROVIDES THAT SLUICE-GATE PRICES ARE FIXED ONLY FOR CERTAIN PIGMEAT PRODUCTS ; WHEREAS THESE PRODUCTS ARE LISTED IN ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 2766/75 ( 2 ) OF 29 OCTOBER 1975 ESTABLISHING THE LIST OF PRODUCTS FOR WHICH SLUICE-GATE PRICES ARE TO BE FIXED AND LAYING DOWN THE RULES FOR FIXING THE SLUICE-GATE PRICE FOR PIG CARCASES ;

WHEREAS ARTICLE 13 OF REGULATION ( EEC ) NO 2759/75 PROVIDES FOR THE ESTABLISHMENT OF A SYSTEM OF " PILOT PRODUCTS AND DERIVED PRODUCTS " ENABLING ADDITIONAL AMOUNTS TO BE FIXED FOR " DERIVED PRODUCTS " , NAMELY THOSE FOR WHICH SLUICE-GATE PRICES ARE NOT FIXED ;

WHEREAS DERIVED PRODUCTS CONSIST OF PIGMEAT OR CONTAIN CUTS OF PIGMEAT IN VARYING PROPORTIONS ; WHEREAS THEIR PRICES , THEREFORE , NORMALLY STAND IN A CERTAIN RELATIONSHIP TO THE PRICE OF PIGMEAT OR CUTS OF PIGMEAT ; WHEREAS THIS RELATIONSHIP IS REFLECTED IN THE RATIO EXISTING BETWEEN THE LEVIES APPLICABLE TO THEM ;

WHEREAS , CONSEQUENTLY , THE ADDITIONAL AMOUNT FOR THE DERIVED PRODUCT CAN BE OBTAINED BY APPLYING TO THE ADDITIONAL AMOUNT FOR THE RELEVANT PILOT PRODUCT A COEFFICIENT EXPRESSING THE ABOVEMENTIONED RATIO ; WHEREAS IT IS NECESSARY TO APPLY THIS DERIVED ADDITIONAL AMOUNT WHEN FREE-AT-FRONTIER OFFER PRICES FOR THE DERIVED PRODUCT FOLLOW THE SAME TREND AS THOSE FOR THE RELEVANT PILOT PRODUCT ;

WHEREAS BECAUSE OF THEIR COMPOSITION IT IS NECESSARY IN THE CASE OF CERTAIN DERIVED PRODUCTS TO SPECIFY MORE THAN ONE PILOT PRODUCT ; WHEREAS , IN ORDER TO PREVENT THE PROTECTION AFFORDED BY THE ADDITIONAL AMOUNT FOR THE PILOT PRODUCT FROM BEING INEFFECTIVE , WHEN ADDITIONAL AMOUNTS ARE BEING FIXED FOR MORE THAN ONE PILOT PRODUCT , THE HIGHEST DERIVED ADDITIONAL AMOUNT SHOULD BE APPLIED ; WHEREAS , HOWEVER , IN THE CASE OF DERIVED PRODUCTS CONTAINING A SUBSTANTIAL PROPORTION OF PIG FAT , THE ADDITIONAL AMOUNT DERIVED BY REFERENCE TO THE PIG FAT SHOULD BE ADDED TO THAT DERIVED BY REFERENCE TO SOME OTHER PILOT PRODUCT , THE COEFFICIENTS BEING SO FIXED AS TO TAKE ACCOUNT OF THE FACT THAT THE DERIVED PRODUCT IS COMPOSED BOTH OF FAT AND OF MEAT ;

WHEREAS THE SYSTEM OF PILOT PRODUCTS AND DERIVED PRODUCTS SHOULD NOT EXCLUDE THE POSSIBILITY OF FIXING AN ADDITIONAL AMOUNT FOR THE DERIVED PRODUCT WHEN THE PRICE LEVEL FOR THE RELEVANT PILOT PRODUCT DOES NOT WARRANT THE FIXING OF SUCH AN AMOUNT FOR THE LATTER ; WHEREAS THE DERIVED PRODUCT MAY WELL BE OFFERED AT A PRICE LOWER THAN THAT RESULTING FROM THE NORMAL PRICE RELATIONSHIP BETWEEN PILOT PRODUCT AND DERIVED PRODUCT ;

WHEREAS IN THE CASE OF CERTAIN PRODUCTS NO ADDITIONAL AMOUNT SHOULD BE FIXED , EITHER BECAUSE OF THEIR SMALL ECONOMIC IMPORTANCE OR BECAUSE THE CUSTOMS DUTY THEREON HAS BEEN BOUND WITHIN GATT ;

WHEREAS IT IS NECESSARY TO SPECIFY SUBDIVISIONS FOR BACON AND LIKE PRODUCTS BY REASON OF THEIR IMPORTANCE IN COMMUNITY TRADE AND TO ESTABLISH QUALITATIVE CRITERIA FOR THESE PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE PILOT PRODUCTS AND THE DERIVED PRODUCTS RELATING TO EACH OF THESE PRODUCTS SHALL BE AS SHOWN IN ANNEX I . THE PRODUCTS SHOWN IN ANNEX I ARE TAKEN FROM THE LIST SET OUT IN ANNEX II .

ARTICLE 2

1 . WHERE AN ADDITIONAL AMOUNT IS FIXED FOR A PILOT PRODUCT AND FREE-AT-COMMUNITY-FRONTIER OFFER PRICES FOR THE DERIVED PRODUCT FOLLOW THE SAME TREND AS THOSE FOR THE PILOT PRODUCT , AN AMOUNT SHALL BE ADDED TO THE LEVY ON THE DERIVED PRODUCT .

2 . THE ADDITIONAL AMOUNT SHALL BE DETERMINED :

( A ) EITHER BY MULTIPLYING THE ADDITIONAL AMOUNT FOR THE PILOT PRODUCT BY THE COEFFICIENT APPLICABLE TO THE DERIVED PRODUCT , CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3 ;

( B ) OR BY REFERENCE TO THE DIFFERENCE BETWEEN FREE-AT-FRONTIER OFFERS FOR THE DERIVED PRODUCT AND THE NORMAL IMPORT PRICE FOR THAT PRODUCT .

3 . IF MORE THAN ONE PILOT PRODUCT - NONE OF WHICH IS PIG FAT - IS SPECIFIED IN RESPECT OF A DERIVED PRODUCT , THE ADDITIONAL AMOUNT FOR THE DERIVED PRODUCT SHALL BE EQUAL TO THE HIGHEST OF THE AMOUNTS OBTAINED BY MULTIPLYING THE ADDITIONAL AMOUNT FOR EACH OF THE PILOT PRODUCTS IN QUESTION BY THE RELEVANT COEFFICIENT .

WHERE FOR A DERIVED PRODUCT PIG FAT IS ONE OF THE PILOT PRODUCTS , THE ADDITIONAL AMOUNT FOR THE DERIVED PRODUCT SHALL BE EQUAL TO THE SUM OF :

- THE AMOUNT OBTAINED BY MULTIPLYING THE ADDITIONAL AMOUNT FOR PIG FAT BY THE RELEVANT COEFFICIENT , AND

- THE HIGHEST OF THE AMOUNTS OBTAINED BY MULTIPLYING THE ADDITIONAL AMOUNT FOR EACH OF THE PILOT PRODUCTS OTHER THAN PIG FAT BY THE RELEVANT COEFFICIENT APPLICABLE IN EACH CASE .

4 . WHERE AN ADDITIONAL AMOUNT HAS NOT BEEN FIXED FOR THE PILOT PRODUCT , AN ADDITIONAL AMOUNT MAY BE FIXED FOR A DERIVED PRODUCT IF FREE-AT-FRONTIER OFFER PRICES FOR THIS PRODUCT DO NOT CORRESPOND TO THE NORMAL RELATIONSHIP BETWEEN THE PRICE FOR THE PILOT PRODUCT AND THAT OF THE DERIVED PRODUCT .

IN THAT CASE , THE ADDITIONAL AMOUNT SHALL BE THE AMOUNT REQUIRED TO RESTORE THE NORMAL RELATIONSHIP BETWEEN THE PRICE OF THE PILOT PRODUCT AND THAT OF THE DERIVED PRODUCT .

ARTICLE 3

1 . THE COEFFICIENT FOR THOSE OF THE PRODUCTS LISTED IN ARTICLE 1 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 2759/75 WHICH ARE DERIVED PRODUCTS SHALL BE OBTAINED BY DIVIDING THE COEFFICIENT USED FOR CALCULATING THE LEVY FOR THE DERIVED PRODUCTS IN QUESTION BY THE COEFFICIENT USED FOR THE RELEVANT PILOT PRODUCT .

2 . THE COEFFICIENT FOR THE PRODUCTS LISTED IN ARTICLE 1 ( 1 ) ( C ) OF REGULATION ( EEC ) NO 2759/75 SHALL BE CALCULATED BY REFERENCE TO THE RATIO BETWEEN THE LEVY FOR THE DERIVED PRODUCT AND THE LEVY FOR THE RELEVANT PILOT PRODUCT , AND , AS NECESSARY , TO THE COMPOSITION OF THE DERIVED PRODUCT .

ARTICLE 4

1 . FOR THE PURPOSES OF THIS REGULATION :

( A ) " BACON SIDE " SHALL BE TAKEN TO MEAN HALF A PIG CARCASE WITHOUT THE HEAD , CHAPS , NECK , FEET , TAIL , FLARE FAT , KIDNEYS , TENDERLOIN , BLADE-BONE , STERNUM , VERTEBRAL COLUMN , PELVIC BONE AND DIAPHRAGM ;

( B ) " SPENCER " SHALL BE TAKEN TO MEAN A BACON SIDE WITHOUT THE HAM , WHETHER OR NOT BONED ;

( C ) " 3/4 SIDE " SHALL BE TAKEN TO MEAN A BACON SIDE WITHOUT THE SHOULDER , WHETHER OR NOT BONED ;

( D ) " MIDDLE " SHALL BE TAKEN TO MEAN A BACON SIDE WITHOUT THE HAM AND THE SHOULDER WHETHER OR NOT BONED .

2 . FOR THE PURPOSES OF SUBHEADING 02.06 B I B ) 3 , 4 , 5 , 6 AND 7 OF THE COMMON CUSTOMS TARIFF , PRODUCTS WHOSE WATER/PROTEIN RATIO IN THE MEAT IS MORE THAN 2.8 SHALL BE CONSIDERED AS SLIGHTLY DRIED OR SLIGHTLY SMOKED . THE PROTEIN CONTENT SHALL BE TAKEN TO MEAN THE NITROGEN CONTENT MULTIPLIED BY 6.25 .

THE NITROGEN CONTENT SHALL BE DETERMINED IN ACCORDANCE WITH THE ISO METHOD PR NO 1233 .

ARTICLE 5

1 . COUNCIL REGULATION NO 137/67/EEC ( 3 ) 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 , AS LAST AMENDED BY REGULATION ( EEC ) NO 3158/73 ( 4 ) , IS HEREBY REPEALED .

2 . REFERENCES TO THE REGULATION REPEALED BY PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1975 .

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

DONE AT LUXEMBOURG , 29 OCTOBER 1975 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA

ANNEX : SEE O.J . NO L 282 OF 1 . 11 . 75