CELEX: 31974R1095
Language: en
Date: 1974-05-04 00:00:00
Title: Regulation (EEC) No 1095/74 of the Commission of 3 May 1974 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

4 . 5 . 74                               Official Journal of the European Communities                             No L 122/ 13
                              REGULATION ( EEC) No 1095/74 OF THE COMMISSION
                                                          of 3 May 1974
                 fixing the import levies on calves and adult bovine animals and on beef and veal
                                                        other than frozen
THE COMMISSION OF THE EUROPEAN                                      Whereas Commission Regulation (EEC) No 21 8/73 (4)
COMMUNITIES,                                                        of 29 January 1973 on the determination of the
                                                                    import price and the special import price for calves
                                                                    and adult bovine animals, provides that the import
Having regard to the Treaty establishing the European               price is to be calculated in accordance with the
Economic Community ;                                                method set out in Article 4 on the basis of all the
                                                                    representative free-at-frontier offer prices in the
Having regard to Council Regulation (EEC) No                        Community established for each of the categories and
805/ 68 ( ! ) of 27 June 1968 on the common organiza­               cuts specified in Article 2, and ascertained in parti­
tion of the market in beef and veal , as last amended               cular from :
by Regulation (EEC) No 187/73 (2), and in particular
the second subparagraph of Article 10 (7) thereof ;
                                                                    (a) prices given in the customs documents accom­
                                                                          panying the products imported from such other
Having regard to the Opinion of the Monetary                              third countries ;
Committee ;
                                                                    (b) other information concerning the export prices
Whereas Article 10 (3) of Regulation (EEC) No 805/68                      ruling in such other countries ;
provides that, where the import price for calves or
adult bovine animals , after addition of the customs
duty, is      lower than the guide price, the difference
between     the latter price and the import price plus that         Whereas, however, offer prices which do not corres­
addition     is offset by a levy on imports of that product ;       pond to actual purchasing possibilities are to be disre­
whereas,      however, such levy is to be fixed at :                garded, as are also offer prices relating to unrepresenta­
                                                                    tive quantities ; whereas offer prices which, because of
— 75 % of the abovementioned difference, if it is                   the development of prices in general or from the infor­
      found that the price of the product in question on             mation available, do not seem to be representative of
      the representative markets of the Community is                the actual trend of prices in the exporting country
      more than the guide price but does not exceed                 should also be disregarded ;
       102 % of that price ;
— 50 % of the abovementioned difference, if it is
      found that the price of the product in question on            Whereas, where no free-at-frontier offer price can be
      the representative markets of the Community is                 recorded for one or more categories of live animals or
      more than 102 % of the guide price but does not                of meat, the last available price must be used for the
      exceed 104% of that price ;                                    calculation ;
— 25 % of the abovementioned difference, if it is
      found that the price of the product in question on
      the representative markets of the Community is                 Whereas the import price must be calculated on the
      more than 1 04 % of the guide price but does not               first and third Thursday of each month for the
      exceed 106 % of that price ;                                   purpose of calculating the levies valid from the
— nil, if it is found that the price of the product in               following Monday ; whereas, however, if circumstances
      question on the representative markets of the                  so require, the import price may be fixed on another
                                                                     day of the same week ;
      Community is more than 106 % of the guide
       price ;
 Whereas the guide prices for calves and adult bovine                Whereas       Commission          Regulation  ( EEC)    No
 animals valid from 1 April 1974 are fixed by Council                2150/73 (5 ) of 6 August 1973 provides for the fixing of
 Regulation (EEC) No 667/74 (3 ) ;                                   the special import price referred to in Article 10 ( 1 ) (a)
                                                                     of Regulation ( EEC) No 805/ 68 for adult bovine
 (') OJ No L 148 , 28 . 6 . 1968 , p. 24.
 (2) OJ No L 25, 30 . 1 . 1973 , p. 23 .                             (4) OJ No L 26, 31 . 1 . 1973, p. 16 .
 (>) OJ No L 85, 29 . 3 . 1974, p. 59 .                               5 ) OJ No L 219 , 7 . 8 . 1973 , p. 15 .
 ---pagebreak--- No L 122/ 14                               Official Journal of the European Communities                                 4 . 5 . 74
animals originating in and coming from Austria,                       whereas, where there are several representative
Sweden and Switzerland on the basis of quotations on                  markets in a Member State, the price of each quality is
representative markets in these third countries ;                     the average of the quotations recorded on each of
                                                                      these markets ; whereas , where in a Member State
Whereas this special import price is calculated once a                there is a single representative market, held several
week and is used to calculate levies taking effect on                 times during the seven-day period, the price of each
the Monday following the day on which it is fixed ;                   quality is to be equal to the arithmetic mean of quota­
whereas, however, no special import price is fixed if                 tions recorded at each market ; whereas, with regard to
such price would exceed by less than 1 unit of                        Italy, the price of each quality is the average, weighted
account per 100 kilogrammes live weight the import                    by the special weighting coefficients laid down in
price fixed, pursuant to Article 10 ( 1 ) of Regulation               Annex II to amended Regulation (EEC) No 320/73 , of
(EEC) No 805/68 , as specified in Regulation (EEC)                    the prices recorded in the surplus and deficit produc­
No 218 /73 ;                                                          tion areas ; whereas the price recorded in the surplus
                                                                      production area is equal to the average of the quota­
Whereas, if one or more of the third countries                        tions recorded on each of the markets within that
referred to take, notably for health protection reasons,              area ; whereas for the United Kingdom the weighted
measures affecting prices quoted on their markets, the                average of the prices recorded on the representative
Commission may base itself on the last prices                         markets in Great Britain and in Northern Ireland are
recorded before such measures were put into effect ;                  to be multiplied by the coefficient fixed in the said
                                                                      Annex II ;
Whereas, if the import price differs by less than 0-50
unit of account per 100 kg live weight from the
import price previously used to calculate the levy, the
latter price must be maintained ;                                     Whereas, where these quotations do not relate to live
                                                                      weight excluding tax' prices, the quotations for the
Whereas Article 10 (5) of Regulation ( EEC) No 805/68                 different qualities are to be corrected by the live­
provides that the price recorded on the representative                weight conversion coefficients laid down in Annex II
markets of the Community is derived from the prices                   to that Regulation and, in respect of Italy and the
recorded on the representative market or markets of                   United Kingdom , are first increased or reduced by the
each Member State for the various qualities — of                      corrective amounts laid down in that Annex ; whereas
calves , adult bovine animals or the meat of these                    for Ireland the price per calf recorded on the represen­
animals , as the case may be — after taking into                      tative market is to be increased by the corrective
account the relative quantity of each of such qualities               amount fixed in that Annex and subsequently
and the relative magnitude of the bovine stock of each                converted back into live weight per unit of weight by
Member State ;                                                        applying the corrective coefficient fixed in that
                                                                      Annex ;
Whereas the prices for calves and adult bovine
animals , recorded on the representative market or
markets of each Member State, is equal to the average,
                                                                      Whereas,     if  one   or  more    Member     States     take
weighted by coefficients, of the prices for the qualities
of calves , adult bovine animals and meat of these                    measures, such as health protection measures, which
animals formed during a period of seven days in that                  affect the normal development of quotations recorded
Member State at a standard wholesale stage ; whereas                  on their markets, the Commission may either disre­
the representative markets, the qualities of the                      gard the quotations recorded on the market or
 products and the weightings were fixed in Annex II to                markets in question or use the last quotations
 Commission Regulation ( EEC) No 320 /73 (') of 31                    recorded on the market or markets in question before
January 1973 on the determination of the prices for                   those measures were put into effect ;
calves and adult bovine animals on the representative
 markets of the Community, as last amended by Regu­
 lation ( EEC) No 646/74 (2 ) ;
                                                                      Whereas, where information is not available, the quota­
 Whereas the prices of calves and adult bovine animals                tions recorded on representative Community markets
 so established on the market or markets of each of the               are to be determined with particular reference to the
 new Member States must be increased by the basic                      latest known quotations ;
 compensatory amount provided for in Article 1 ( 1 ) of
 Council Regulation ( EEC) No 181 / 73 (3 ) of 23 January
  1973 laying down general rules for the system of
 compensatory amounts for beef and veal ;                             Whereas, for as long as the price recorded for calves
                                                                      and adult bovine animals on the representative
 (') OJ No L 36, 8 . 2 . 1973 , p. 13 .                                Community markets differs by less than 0-20 unit of
 (-') 0 | No L 78 , 23 . 3 . 1974, p. 20 .                            account per 100 kg live weight from the price previ­
 (3) O") No L 25, 30 . 1 . 1973 , p. 9 .                               ously used, the latter price is to be maintained ;
 ---pagebreak--- 4 . 5 . 74                               Official Journal of the European Communities                              No L 122/ 15
Whereas Article 12 ( 1 ) of Regulation (EEC) No 805/68              Whereas the levies must be fixed once each week and
provides that if a levy is charged on calves or adult               be valid from the following Monday ;
bovine animals, a levy is also to be charged on
imports of the meat of calves or adult bovine animals               Whereas, if the levy system is to operate normally,
as listed in Section (a) of the Annex to that Regulation            levies should be calculated on the following basis :
under tariff subheading Nos 02.01 A II a) 1 aa) and
02.01 A II a) 1 bb) ; whereas this levy is equal to the             — in the case of currencies which are maintained in
levy charged on calves or adult bovine animals, as the                    relation to each other, at any given moment,
case may be, adjusted by a coefficient expressing the                     within a band of 2-25 % , a rate of exchange based
value ratio between the meat in question on the one                       on their effective parity ;
hand and calves or adult bovine animals on the other ;
                                                                    — for other currencies an exchange rate based on the
                                                                          arithmetic mean of the spot market rates of each
Whereas Article 12 (3) of Regulation (EEC) No 805/ 68                     of these currencies recorded for a given period, in
provides that if the levy is charged on adult bovine                      relation to the Community currencies referred to
animals, a levy is also to be charged on imports of the                   in the previous subparagraph ;
 meat listed in Section (b) of the Annex to that Regula­
tion ; whereas this levy is equal to the levy charged on            Whereas, under Article 4 (b) (5) of Council Regulation
adult bovine animals , multiplied by a standard coeffi­             ( EEC) No 974/71 (4) of 12 May 1971 , as last amended
cient ;                                                             by Regulation (EEC) No 3450/73 (5 ), in the case
                                                                    where, when the Regulations laying down the rules for
                                                                    the common organization of the agricultural markets
Whereas Article 12 (4) of Regulation (EEC) No 805/68                are applied, the prices on the Italian markets are
provides that the levy may be charged on imports of                 concerned , the influence of the measures forseen in
the products listed in Section (a) of the Annex to that             paragraph 1 of the same Article is taken into consider­
Regulation under tariff subheading No 02.01 A II a) 1               ation ;
cc) ; whereas this levy is equal to the highest levy
applicable to calves or adult bovine animals, multi­
plied by a standard coefficient ;                                   Whereas it follows from the provisions of the above­
                                                                    mentioned Regulations and in particular from the
                                                                    quotations and other information known to the
Whereas the standard coefficients referred to above                 Commission that the levies on calves, adult bovine
were fixed for each of the products in question in                  animals and      on   beef and veal       other than frozen
Annex I to Commission Regulation ( EEC) No                          should be fixed as shown in the Annex to this Regula­
2249 / 73 (') of 17 August 1973 , fixing the coefficients           tion ,
for calculating the levy on beef and veal other than
frozen ; whereas that Regulation also defines the
requirements to be met by certain products for which
the levy has been fixed by means of these coeffi­                   HAS ADOPTED THIS REGULATION :
cients ;
Whereas levies must be fixed with due regard for obli­                                          Article 1
gations arising out of international agreements
concluded by the Community ; whereas Regulation                    The levies referred to in Articles 10 and 12 of Regula­
( EEC) No 2170 / 73 (2 ) of 31 July 1973 on the conclu­             tion ( EEC) No 805/ 68 shall be as shown in the Annex
sion of the Trade Agreement between the European                    to this Regulation .
Economic Community and the Socialist Federal Repu­
blic of Yugoslavia should also be taken into account ;
                                                                                                Article 2
Whereas the levies for calves and veal are identical
with those applicable to adult bovine animals and beef             To be classified as products falling within subheading
in accordance with Commission Regulation ( EEC) No                  Nos 02.01 A II a) 1 aa) and 02.01 A II a) 1 bb),
 1 100 / 74 ( ') of 3 May 1974 ;                                    products must correspond to the definitions contained
                                                                    in Article 2 of Regulation ( EEC) No 2249/73 .
Whereas, in accordance with Article 33 (2) of Regula­
tion ( EEC) No 805 / 68 , the nomenclature provided for                                         Article 3
in this Regulation is incorporated in the Common
Customs Tariff ;
                                                                   This Regulation shall enter into force on 6 May 1974.
(') 0 | No L 230 , 18 . 8 . 1973 . p. 15 .
(-) Oj No L 224, 13 . 8 . 1973 , p. I.                             (-1 ) OJ No L 106 , 12 . 5 . 1971 , p. 1 .
(') See p. IS of this Official Journal .                           ( 5 ) Oj No L 353 , 22. 12. 1973, p. 25 .
 ---pagebreak--- No L 122/ 16                  Official Journal of the European Communities                        4 . 5 . 74
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 3 May 1974.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak---   4 . 5 . 74                            Official Journal of the European Communities                                  No L 122/ 17
                                                                   ANNEX
                          Levies applicable from 6 May 1974 to imports from third countries ('
                                                                                                                      (in u.a.1100 kg)
         CCT                                                                                         Austria
                                                                                                                         Other third
      heading                                         Description of goods                           Sweden
                                                                                                                          countries
         No                                                                                        Switzerland
                                                                                               j            Live     weight
 01.02         Live animals of the bovine species :
                                                                                              I
               A. Domestic species :
                    II . Other :
                                                                                                    15-114                24-580
                         a ) Calves
                         b ) Other :
                              1 . Cows for immediate slaughter, the meat of which is
                                  intended for processing ( a )                                     15-114                  --
                             2 . Other :
                                  aa) Not yet having any permanent teeth, of a weight
                                       of not less than 350 kg but not more than 450 kg
                                       in the case of male animals , or of not less than
                                       320 kg but not more than 420 kg in the case of                              i
                                                                                                                         24-580
                                       female animals ( b )                                                       j
                                  bb ) Other                                                        15-114        j      24-580
                                                                                                                 I
                                                                                                           Net weight
02.01         Meat and edible offals of the animals falling within heading No
              01.01 , 01.02 , 01.03 or 01.04 , fresh , chilled or frozen :
              A. Meat :
                  II . Of bovine domestic bovine animals :
                        a ) Of domestic bovine animals :
                            1 . Fresh or chilled :
                                 aa ) Of calves :
                                      11 . Carcases and half-carcases                              28-717               46-702
                                      22 . Separated or unseparated forequarters                   22-973               37-362
                                      33 . Separated or unseparated hindquarters                   34-460               56-042
                                 bb ) Of adult animals :
                                      11 . Carcases, half-carcases or 'compensated' quar­
                                            ters :
                                            aaa ) Carcases of a weight of not less than 180
                                                    kg but not more than 270 kg and half­
                                                   carcases or ' compensated' quarters' of a
                                                   weight of not less than 90 kg but not
                                                   more than 135 kg, with a low degree of
                                                   ossification of the cartilages (more es­
                                                   pecially those of the symphysis pubis and
                                                   the vertebral apophyses), the meat of
                                                   which is of a light pink colour and the
                                                   fat of which, of extremely fine structure,
                                                   is white to light yellow in colour (b )                             46-702
                                           bbb) Other                                             28-717               46-702
                                     22 . Forequarters :
                                           aaa) Of a weight of not less than 45 kg but
                                                  not more than 68 kg, with a low degree
                                                  of ossification of the cartilages (more
                                                 especially those of the vertebral apo­
                                                 physes), the meat of which is of a light
                                                 pink colour and the fat of which , of
                                                 extremely fine structure, is white to light
                                                 yellow in colour ( b )                                               37-362
                                          bbb ) Other                                            22-973               37-362
 ---pagebreak--- No L 122/ 18                                  Official Journal of the European Communities                                                4 . 5 . 74.
                                                                                                                                     (m u.a . /100 kg)
         CCT                                                                                                            Austria
                                                                                                                                       Other third
       heading                                            Description of goods                                         Sweden
                                                                                                                                        countries
         No                                                                                                          Switzerland
                                                                                                                                Net weight
02.01                                           33 . Hindquarters :
(cont 'd )
                                                     aaa) Of a weight of not less than 45 kg but
                                                          not more than 68 kg (not less than 38 kg
                                                          but not piore than 61 kg in the case of
                                                          ' Pistola' cuts ), with a low degree of
                                                          ossification of the cartilages (more es­
                                                          pecially those of the vertebral apophyses),
                                                          the meat of which is of a light pink
                                                          colour and the fat of which , of extremely
                                                          fine structure, is white to light yellow in
                                                          colour (b )                                                                    56-042
                                                     bbb] Other                                                        34-460            56-042
                                            cc) Other cuts of veal and beef :
                                                11 . Unboned ( bone-in )                                               43-075            70-053
                                                22 . Boned or boneless                                                 49-272            80-131
02.06                        Meat and edible meat offals (except poultry liver), salted, in brine,
                            dried or smoked-.
                            C. Other :
                                1 . Of domestic bovine animals :
                                    a ) Meat :
                                        1 . Unboned ( bone-in )                                                        43-075            70-053
                                        2 . Boned or boneless                                                          49-272            80-131
 (l) Regulation (EEC) No 521 /70 provides that the levies are not applied to imports into the French overseas departments of products origina­
     ting in the AASM and OCT .
(a) Entry under this subheading is subject to conditions to be determi ned by the competent authorities and to the special conditions at pre­
      sent applicable to cows imported under the bilateral agreement on cattle for the food processing industry between the European Com­
       munities and Austria .
 (b ) Entry under this subheading is subject to the production of the certificate referred to in paragraph 2 (c ) of Protocol No 1 annex I to the
      trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .