CELEX: 31991R1368
Language: en
Date: 1991-05-25 00:00:00
Title: Commission Regulation (EEC) No 1368/91 of 24 May 1991 fixing the import levies on live cattle and on beef and veal other than frozen

25 . 5 . 91                            Official Journal of the European Communities                             No L 130/33
                                    COMMISSION REGULATION (EEC) No 1368/91
                                                       of 24 May 1991
                     fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      or less than the guide price, the levy applicable equals the
                                                                 following percentage of the basic levy :
Having regard to the Treaty establishing the European
Economic Community,                                              (a) 100 % where the market price is more than or equal
                                                                       to 98 % of the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of           (b) 105 % where the market price is less than 98 % and
27 June 1968 on the common organization of the market                  more than or equal to 96 % of the guide price ;
in beef and veal ('), as last amended by Regulation (EEC)
No 3577/90 (2), and in particular Article 12 (8) thereof,        (c) 110 % where the market price is less than 96 % and
                                                                       more than or equal to 90 % of the guide price ;
Having regard to the opinion of the Monetary Committee,          (d) 114 % where the market price is less than 90 % of
                                                                       the guide price ;
Whereas under Article 9 of Regulation (EEC) No 805/68
a levy is applicable to the products specified in Article 1      Whereas pursuant to Article 10 (4) of Regulation (EEC)
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the      No 805/68 the basic levy on the meat specified in
amount of the levy applicable by reference to a percen­          sections (a), (c) and (d) of the Annex hereto is equal to the
tage of the basic levy ;                                         basic levy determined for bovine animals, multiplied by a
                                                                 standard coefficient fixed for each of the products in
Whereas in respect of bovine animals the basic levy is           question ; whereas these coefficients are fixed by
determined on the basis of the difference between the            Commission Regulation (EEC) No 586/77 of 18 March
guide price and the Community free-at-frontier offer              1977 laying down rules for the application of levies on
                                                                 beef and veal and amending Regulation (EEC) No 950/68
price plus the amount of the customs duty ; whereas the
                                                                 on the Common Customs Tariff ('), as last amended by
Community free-at-frontier offer price is determined in
the light of the most representative purchasing possibili­       Regulation (EEC) No 3988/87 (4) ;
ties, as regards quality and quantity, recorded over a
certain period for bovine animals and for the fresh or           Whereas the guide prices for adult bovine animals to be
chilled meat specified in section (a) of the Annex to the        applied from 14 May 1990 were fixed by Council Regula­
said Regulation under CN codes 0201 10 10, 0201 10 90,           tion (EEC) No 1 1 88/90 (5) ; whereas Council Regulation
0201 20 11 and 0201 20 19, account being taken in parti­         (EEC) No 1353/91 (6) has extended the 1990/91 marke­
cular of the position with respect to supply and demand,          ting year for beef and veal until 16 June 1991 ;
of world market prices for frozen meat of a category
which is competitive with fresh or chilled meat and of
past experience ;                                                Whereas the prices fixed by the Council are to be reduced
                                                                  in accordance with Commission Regulation (EEC) No
Whereas if it is found that the price of adult bovine             1252/90 of 11 May 1990 establishing the prices and
animals on representative Community markets is higher             amounts fixed in ecus by the Council in the beef and veal
than the guide price, the levy applicable equals the follo­       sector and reduced as a result of the monetary realign­
wing percentage of the basic levy :                               ment of 5 January 1990 f) ;
(a) 75 % where the market price is less than or equal to
      102 % of the guide price ;                                 Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                  basic levy is to be calculated according to the method set
(b) 50 % where the market price is more than 102 % and            out in its Article 3 and on the basis of all the representa­
      less than or equal to 1 04 % of the guide price ;           tive free-at-frontier offer prices of the Community deter­
(c) 25 % where the market price is more than 104 % and            mined for the products of each of the categories and cuts
      less than or equal to 106% of the guide price ;             specified in Article 2 and established principally by
                                                                  reference to the prices specified in the customs docu­
(d) 0 % where the market price is more than 106 % of              ments accompanying products imported from third coun­
      the guide price ;                                           tries or from other information concerning export prices
                                                                  obtaining in those third countries ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is equal to           (') OJ  No L 75, 23. 3 . 1977, p. 10.
                                                                  (4) OJ  No L 376, 31 . 12. 1987, p. 31 .
                                                                  O   OJ  No L 119, 11.5. 1990, p. 36.
(') OJ No L 148, 28 . 6. 1968 , p. 24.                            (6) See page 1 of this Official Journal.
O OJ No L 353, 17. 12. 1990, p. 23.                                7  OJ  No L 121 , 12. 5. 1990, p. 30 .
 ---pagebreak--- No L 130/34                             Official Journal of the European Communities                                  25. 5. 91
Whereas, however, offer prices that do not correspond to          example, measures affecting the prices recorded on their
real purchasing possibilities or that relate to unrepresenta­     markets, the Commission may use the latest prices
tive quantitities should not be taken into account ;              recorded before the entry into force of such measures ;
whereas offer prices should also be excluded when the
movement of prices in general or the information avai­
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
                                                                  Whereas pursuant to Article 12 (6) of Regulation (EEC)
                                                                  No 805/68 the price of adult bovine animals on represen­
                                                                  tative Community markets is the price established on the
Whereas in cases where for one or more categories of              basis of prices recorded over a period to be determined on
bovine animals or cuts of meat a free-at-frontier offer           the representative market or markets of each Member
price cannot be established, the most recent available            State in respect of the various categories of adult bovine
price should be used for the calculation ;                        animals or of meat from such animals, after taking into
                                                                  account the size of each of these categories and the rela­
                                                                  tive size of the bovine herd of each Member State ;
Whereas if the free-at-frontier offer price differs by less
than ECU 0,60 per 100 kilograms of live weight from that
previously used for the calculation of the levy, the latter
price should be retained ;                                        Whereas the representative markets, categories and quali­
                                                                  ties of products and weighting coefficients are fixed in
                                                                  Annex II to Commission Regulation (EEC) No 610/77 of
                                                                  18 March 1977 on the determination of prices of adult
Whereas pursuant to Article 10 (3) of Regulation (EEC)            bovine animals on representative Community markets
No 805/68 a special basic levy is determined for certain          and the survey of prices of certain other cattle in the
third countries on the basis of the difference between the        Community ('), as last amended by Regulation (EEC) No
guide price and the average price recorded over a certain         3784/90 (4) ;
period plus the amount of the customs duty ;
                                                                  Whereas, for Member States with several representative
Whereas Commission Regulation (EEC) No 61 1 /77 ('), as
                                                                  markets, the price of each category and quality is equal to
amended by Regulation (EEC) No 925/77 (2), provides
                                                                  the arithmetic mean of the prices recorded on each of
that the special levy on products originating in and              those markets ; whereas, for representative markets held
coming from Austria, Sweden and Switzerland should be
                                                                  several times in one period of seven days, the price of
determined on the basis of the weighted average of the            each category and quality is equal to the arithmetic mean
prices of adult bovine animals recorded on the representa­        of the prices recorded on each market day ; whereas in
tive markets of those third countries ; whereas the
                                                                  respect of Italy the price of each category and quantity is
weighting coefficients and representative markets are
                                                                  equal to the average, weighted by the special weighting
specified in the Annexes to Regulation (EEC) No 61 1 /77 ;
                                                                  coefficients fixed in Annex II to Regulation (EEC) No
                                                                   610/77, of the prices recorded in the surplus and deficit
                                                                   zones ; whereas the price recorded in the surplus zone is
                                                                  equal to the arithmetic mean of the prices recorded on
Whereas the average price is not to be used for calcula­          each of the markets within that zone ; whereas in respect
ting the special levy unless it is at least ECU 1,21 per 100       of the United Kingdom the weighted average prices of
kilograms of live weight more than the free-at-frontier            adult bovine animals recorded on the representative
offer price determined in accordance with Article 1 0 (2) of       markets of Great Britain on the one hand and Northern
Regulation (EEC) No 805/68 ;                                       Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II :
Whereas if the average price differs by less than ECU 0,60
per 100 kilograms of live weight from that previously
used to calculate the levy, the latter may be retained ;          Whereas prices for the different categories and qualities
                                                                   not obtained from prices which are 'live weight excluding
                                                                   tax' are multiplied by the live weight conversion coeffi­
                                                                   cients fixed in Annex II to the said Regulation and, in the
Whereas in cases where one or more of the abovemen­                case of Italy, are first increased or reduced by the correc­
tioned third countries adopt, for reasons of health for            tive amounts fixed in the said Annex ;
(') OJ No L 77, 25. 3 . 1977, p. 14.                              (') OJ No L 77, 25. 3 . 1977, p. 1 .
 2 OJ No L 109, 30 . 4. 1977, p . 1 .                             0 OJ No L 364, 28 . 12. 1990, p . 21 .
 ---pagebreak---  25 . 5 . 91                              Official Journal of the European Communities                               No L 130/35
Whereas if one or more Member States, for veterinary or             Whereas the levies and special levies are fixed before the
health reasons for example, adopt measures affecting the            27th day of each month and are applicable from the first
normal trend of prices recorded on their markets the                Monday of the following month ; whereas these levies
Commission may disregard the prices recorded on the                 may be altered in the period between two fixings where
market or markets in question, or use the latest prices             the basic levy or special basic levy is altered, or in the case
recorded on the market or markets in question before the            of changes in the prices recorded on Community repre­
entry into force of such measures ;                                 sentative markets :
                                                                    Whereas, if the levy system is to operate normally, levies
Whereas, in the absence of information, prices recorded             should be calculated on the following basis :
on representative Community markets are determined
 mainly by reference to the most recently recorded prices ;
                                                                    — in the case of currencies which are maintained in rela­
                                                                         tion to each other at any given moment within a band
                                                                         of 2,25 % , a rate of exchange based on their central
Whereas for such period as the price of adult bovine                     rate, multiplied by the coefficient provided for in the
animals recorded on representative Community markets                     last paragraph of Article 3 (!) of Council Regulation
differs by less then 0,24 ECU per 100 kilograms of live                  (EEC) No 1676/85 (5), as last amended by Regulation
weight from the price previously used, the latter is                     (EEC) No 2205/90 (%
 retained ;
                                                                    — for the other currencies, an exchange rate based on
                                                                         the ecu rates published in the Official Journal of the
                                                                         European Communities, C series, over a period to be
Whereas levies must be fixed having regard to the obliga­                determined, multiplied by the coefficient referred to
tions arising from international agreements concluded by                 in the preceding indent ;
the Community ; whereas account should also be taken of
 Council Regulation (EEC) No 314/83 of 24 January 1983
 on the conclusion of the Cooperation Agreement between             Whereas, having regard to the provisions of the aforemen­
 the European Economic Community and the Socialist                  tioned Regulation, and in particular to the information
 Federal Republic of Yugoslavia ('), and of Council Deci­           and quotations known to the Commission, the levies on
 sion 87/60 5/ EEC of 21 December 1987 on the conclu­               live cattle and beef and veal other than frozen meat
 sion of the additional Protocol to the Cooperation Agree­          should be as set out in the Annex hereto,
ment between the European Economic Community and
the Socialist Federal Republic of Yugoslavia (2), antici^
 pating a reduction in the levy applicable on imports into
 the Community of certain products in the beef and veal
sector originating in and coming from Yugoslavia ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 715/90 (3), as last
 amended by Regulation (EEC) No 523/91 (4), lays down
 the arrangements applicable on agricultural products and
 certain goods resulting from the processing of agricultural
                                                                                               Article 1
 products originating in the African, Caribbean and Pacific
 States or in the overseas countries and territories ;
                                                                    The import levies on live cattle and beef and veal other
                                                                     than frozen meat shall be as set out in the Annex to the
Whereas the various cuts of beef and veal are defined in             present Regulation .
 Regulation (EEC) No 586/77 ;
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                        Article 2
 No 805/68, the nomenclature provided for in this Regula­
tion is incorporated in the combined nomenclature ;
                                                                    This Regulation shall enter into force on 27 May 1991 .
(')  OJ   No L 41 , 14. 2. 1983, p. 1 .
(2)  OJ   No L 389, 31 . 12. 1987, p. 72.
(■') OJ   No L 84, 30. 3. 1990, p. 85.                               O OJ No L 164, 24. 6. 1985, p. 1 .
(4)  OJ   No L 58, 5. 3 . 1991 , p. 1 .                              (*) OJ No L 201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- No L 130/36                              Official Journal of the European Communities                                             25. 5. 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 May 1991 .
                                                                                      For the Commission
                                                                                       Ray MAC SHARRY
                                                                                 Member of the Commission
                                                                 ANNEX
            to the Commission Regulation of 24 May 1991                                fixing the import levies on
                                      live cattle and on beef and veal other than frozen
                                                                                                                   (ECU/100 kg)
                                                                                   Austria/Sweden /
                              CN code                       Yugoslavia (-)                              Other third countries
                                                                                     Switzerland
                                                                                     Live weight —
                            0102 90 10                                                 26,638                 (') 124,192
                            0102 90 31                         21,788                  26,638                 (') 124,192
                            0102 90 33                           —
                                                                                       26,638                 (') 124,192
                            0102 90 35                         21,788                  26,638                 (') 124,192
                            0102 90 37                         21,788                  26,638                 (') 124,192
                                                                                     Net weight -
                            0201 10 10                                                  50,613                (') 235,964
                            0201 10 90                         41,397                   50,613                (') 235,964
                            0201 20 21                           —
                                                                                        50,613                (') 235,964
                            0201 20 29                         41,397                   50,613                0 235,964
                            0201 20 31                           —
                                                                                       40,491                 (') 188,771
                            0201 20 39                         33,118                  40,491                 (■) 188,771
                            0201 20 51                         49,677                   60,736                (') 283,157
                            0201 20 59                         49,677                   60,736                (') 283,157
                            0201 20 90                           —
                                                                                       75,919                 (') 353,946
                            0201 30 00                           —
                                                                                        86,841                (') 404,864
                            0206 10 95                           —
                                                                                        86,841                (') 404,864
                            0210 20 10                           —
                                                                                       75,919                     353,946
                            0210 20 90                           —
                                                                                        86,841                    404,864
                            0210 90 41                           —
                                                                                        86,841                    404,864
                            0210 90 90                           —
                                                                                        86,841                    404,864
                            1602 50 10                           —
                                                                                       86,841                     404,864
                            1602 90 61                           —
                                                                                        86,841                    404,864
            (') In accordance with amended Regulation (EEC) No 715/90, levies are not applied to products imported directly
                into the French overseas departments, originating in the African, Caribbean and Pacific States or in the overseas
                countries and territories.
            (2) This levy is applicable only to products complying with the provisions of the Commission Regulation (EEC) No
                1368/88 (OJ No L 126, 20 . 5. 1988, p. 26).