CELEX: 
Language: en
Date: 1975-05-30 00:00:00
Title: Regulation (EEC) No 1370/75 of the Commission of 29 May 1975 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

30 . 5 . 75                          Official Journal of the European Communities                             No L 139 / 13
                            REGULATION (EEC) No 1370/75 OF THE COMMISSION
                                                     of 29 May 1975
                fixing the import levies on calves and adult bovine animals and on beef and veal
                                                    other than frozen
THE COMMISSION OF THE EUROPEAN                                 Whereas the guide prices for calves and adult bovine
COMMUNITIES,                                                    animals valid from 3 March 1975 are fixed by Council
                                                                Regulation (EEC) No 463/75 (3) of 27 February 1975 ;
Having regard to the Treaty establishing the European
                                                                Whereas Commission Regulation (EEC) No 21 8/73 (4)
Economic Community ;
                                                                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 Council Regulation (EEC) No                    price is to be calculated in accordance with the
805/68 ( !) of 27 June 1968 on the common organiza­             method set out in Article 4 on the basis of all the
tion of the market in beef and veal, as last amended            representative free-at-frontier offer prices in the
by Regulation (EEC) No 1 855/74 (2), and in particular          Community established for each of the categories and
the second subparagraph of Article 10 (7) and Article           cuts specified in Article 2, and ascertained in parti­
1 2 (7) thereof ;                                               cular from :
                                                                (a) prices given in the customs documents accom­
Having regard to the Opinion of the Monetary                         panying the products imported from such other
Committee ;                                                          third countries ;
                                                                (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             Whereas, however, offer prices which do not corres­
duty, is    lower than the guide price , the difference         pond to actual purchasing possibilities are to be disre­
between    the latter price and the import price plus that      garded, as are also offer prices relating to unrepresenta­
addition   is offset by a levy on imports of that product ;     tive quantities ; whereas offer prices which, because of
whereas,    however, such levy is to be fixed at :              the development of prices in general or from the infor­
                                                                mation available , do not seem to be representative of
— 75 % of the abovementioned difference, if it is               the actual trend of prices in the exporting country
     found that the price of the product in question on         should also be disregarded ;
     the representative markets of the Community is
     more than the guide price but does not exceed
     102 % of that price ;                                      Whereas, where no free-at-frontier offer price can be
                                                                recorded for one or more categories of live animals or
— 50 % of the abovementioned difference, if it is               of meat, the last available price must be used for the
                                                                calculation ;
     found that the price of the product in question on
     the representative markets of the Community is
     more than 102 % of the guide price but does not
                                                                Whereas the import price must be calculated on the
     exceed 104% of that price ;                                first and third Thursday of each month for the
— 25 % of the abovementioned difference, if it is               purpose of calculating the levies valid from the
     found that the price of the product in question on         following Monday ; whereas, however, if circumstances
     the representative markets of the Community is             so require, the import price may be fixed on another
     more than 104 % of the guide price but does not            day of the same week ;
     exceed 1 06 % of that price ;
                                                                Whereas        Commission          Regulation  (EEC)    No
:— nil, if it is found that the price of the product in         21 50/73 (5 ) of 6 August 1973 , as amended by Regula­
     question on the representative markets of the
                                                                tion (EEC) No 1261 / 75 (fa), provides for the fixing of
     Community is more , than 106% of the guide
     price ;                                                    (3)  OJ  No  L 52, 28 . 2. 1975, p. 3 .
                                                                (■») OJ  No L  26, 31 . 1 . 1973 , p. 16.
(') OJ No L 148 , 28 . 6. 1968, p. 24.                          (s)  OJ  No  L 219, 7. 8 . 1973 , p. 15 .
(2) OJ No L ' 195, 18. 7. 1974, p. 14.                          (fe) OJ  No L  126, 17 . 5 . 1975 , p. 18 .
 ---pagebreak--- No L 139 / 14                            Official Journal of the European Communities                                   30 . 5 . 75
the special import price referred to in Article 10 ( 1 ) (a)       new Member States must be increased by the basic
of Regulation (EEC) No 805/68 for adult bovine                     compensatory amount provided for in Article 1 ( 1 ) of
animals originating in and coming from Austria,                     Council Regulation (EEC) No 181 /73 (3) of 23 January
Sweden and Switzerland on the basis of quotations on                1973 laying down general rules for the system of
representative markets in these third countries ;                  compensatory amounts for beef and veal ;
Whereas this special import price is calculated once a
week and is used to calculate levies taking effect on              Whereas, where there are several representative
the Monday following the day on which it is fixed ;                 markets in a Member State, the price of each quality is
whereas, however, no special import price is fixed if               the average of the quotations recorded on each of
such price would exceed by less than 1 unit of                      these markets ; whereas, where in a Member State
account per 100 kilogrammes live weight the import                 there is a single representative market, held several
price fixed, pursuant to Article 10 ( 1 ) of Regulation             times during the seven-day period, the price of each
(EEC) No 805/ 68 , as specified in Regulation (EEC)                 quality is to be equal to the arithmetic mean of quota­
No 218 /73 ;                                                        tions recorded at each market ; whereas, with regard to
                                                                    Italy, the price of each quality is the average, weighted
Whereas , if one or more of the third countries                     by the special weighting coefficients laid down in
referred to take, notably for health protection reasons,            Annex II to amended Regulation (EEC) No 320/73, of
measures affecting prices quoted on their markets, the              the prices recorded in the surplus and deficit produc­
Commission may base itself on the last prices                       tion areas ; whereas the price recorded in the surplus
recorded before such measures were put into effect ;                production area is equal to the average of the quota­
                                                                    tions recorded on each of the markets within that
                                                                    area ; whereas for the United Kingdom the weighted
Whereas, if the import price differs by less than 0-50              average of the prices recorded on the representative
unit of account per 100 kg live weight from the                     markets in Great Britain and in Northern Ireland are
import price previously used to calculate the levy, the             to be multiplied by the coefficient fixed in the said
latter price must be maintained ;                                   Annex II ;
Whereas Article 10 (5) of Regulation (EEC) No 805/68
provides that the price recorded on the representative              Whereas, where these quotations do not relate to live
markets of the Community is derived from the prices                 weight excluding tax' prices, the quotations for the
recorded on the representative market or markets of                 different qualities are to be corrected by the live­
each Member State for the various qualities — of                    weight conversion coefficients laid down in Annex II
calves, adult bovine animals or the meat of these                   to that Regulation and, in respect of Italy and the
animals, as the case may be — after taking into                     United Kingdom , are first increased or reduced by the
account the relative quantity of each of such qualities             corrective amounts laid down in that Annex ; whereas
and the relative magnitude of the bovine stock of each              for Ireland the price per calf recorded on the represen­
Member State ;                                                      tative market is to be increased by . the corrective
                                                                    amount fixed in that Annex and subsequently
                                                                    converted back into live weight per unit of weight by
Whereas the prices for calves and adult bovine                      applying the corrective coefficient fixed in that
animals, recorded on the representative market or                   Annex ;
markets of each Member State, is equal to the average,
weighted by coefficients, of the prices for the qualities
of calves, adult bovine animals and meat of these
animals formed during a period of seven clays in that               Whereas,     if   one     or    more       Member States    take
Member State at a standard wholesale stage ; whereas                measures, such as health protection measures, which
the representative markets, the qualities of the                    affect the normal development of quotations recorded
products and the weightings were fixed in Annex II to               on their markets, the Commission may either disre­
Commission Regulation ( EEC) No 320/73 (') of 31                    gard the quotations recorded on the market or
January 1973 on the determination of the prices for                 markets in question or use the last quotations
calves and adult bovine animals on the representative
                                                                    recorded on the market or markets in question before
markets of the Community, as last amended by Regu­
                                                                    those measures were put into effect ;
lation (EEC) No 251 5/74 (2 ) ;
Whereas the prices of calves and adult bovine animals
so established on the market or markets of each of the              Whereas, where information is not available, the quota­
                                                                    tions recorded on representative Community markets
(') OJ No L 36 , 8 . 2 . 1973 , p . 13 .
 2 OJ No L 269 , 4 . 10 . 1974, p . 22.                             (3 ) OJ No L 2.5 , 30 . 1 . 1 973 , p. 9 .
 ---pagebreak---  30 . 5 . 75                            Official Journal of the European Communities                         No L 139/ 15
 are to be determined with particular reference to the            Whereas the levies for calves and veal are identical
 latest known quotations ;                                        with those applicable to adult bovine animals and beef
                                                                   in accordance with Commission Regulation (EEC) No
                                                                   11 00/74 (3) of 3 May 1974 ;
Whereas, for as long as the price recorded for calves
 and adult bovine animals on the representative                   Whereas, in accordance with Article 33 (2) of Regula­
 Community markets differs by less than 0-20 unit of               tion (EEC) No 805/68 , the nomenclature provided for
account per 100 kg live weight from the price previ­              in this Regulation is incorporated in the Common
 ously used, the latter price is to be maintained ;               Customs Tariff ;
                                                                  Whereas the levies must be fixed once each week and
Whereas Article 12 ( 1 ) of Regulation (EEC) No 805/68
 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 subheadings 02.01 A II a) 1 aa) and 02.01
                                                                  — in the case of currencies which are maintained in
A II a) 1 bb) ; whereas this levy is equal to the levy
charged on calves or adult bovine animals, as the case                 relation to each other, at any given moment,
may be, adjusted by a coefficient expressing the value                 within a band of 2-25 % , a rate of exchange based
ratio between the meat in question on the one hand                     on their effective parity ;
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
                                                                       of these currencies recorded for a given period, in
Whereas Article 12 (3) of Regulation (EEC) No 805/68                   relation to the Community currencies referred to
provides that if the levy is charged on adult bovine                   in the previous subparagraph ;
animals, a levy is also to be charged on imports of the
meat listed in Section (b) of the Annex to that Regula­           Whereas it follows from the provisions of the above­
tion ; whereas this levy is equal to the levy charged on
                                                                  mentioned Regulations and in particular from the
adult bovine animals, multiplied by a standard coeffi­
cient ;
                                                                  quotations and other information known to the
                                                                  Commission that the levies on calves, adult bovine
                                                                  animals and on       beef and veal other than     frozen
Whereas Article 12 (4) of Regulation (EEC) No 805/68              should be fixed as shown in the Annex to this Regula­
                                                                  tion ,
provides that the levy may be charged on imports of
the products listed in Section (a) of the Annex to that
Regulation under tariff subheading 02.01 A II a) 1 cc) ;
whereas this levy is equal to the highest levy appli­
cable to calves or adult bovine animals, multiplied by             HAS ADOPTED THIS REGULATION :
a standard coefficient ;
                                                                                           Article 1
Whereas the standard coefficients referred to above
were fixed for each of the products in question in
Annex I to Commission Regulation (EEC) No                         The levies referred to in Articles 10 and 12 of Regula­
2249/73 (') of 17 August 1973, fixing the coefficients            tion (EEC) No 805/68 shall be as shown in the Annex
for calculating the levy on fyeef and veal other than             to this Regulation .
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                                          Article 2
cients ;
                                                                  To be classified as products falling within subheadings
                                                                  02.01 A II a) 1 aa) and 02.01 A II a) 1 bb), products
Whereas levies must be fixed with due regard for obli­            must correspond to the definitions contained in
gations arising out of international agreements                   Article 2 of Regulation (EEC) No 2249/73 .
concluded by the Community ; whereas Regulation
(EEC) No 2170/73 ( 2 ) oi 31 July 1973 on the conclu­
sion of the Trade Agreement between the European                                           Article 3
Economic Community and the Socialist Federal Repu­
blic of Yugoslavia should also be taken into account ;
                                                                  This Regulation shall enter into force on 2 June 1975 .
(>) OJ No L 230 , 18 . 8 .. 1973, p. 15.
 2 ) OJ No L 224, 13 . 8 . 1973, p. 1 .                           (3) OJ No L 122, 4. 5 . 1974, p. 25 .
 ---pagebreak--- No L 139/ 16                  Official Journal of the European Communities                        30 . 5 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 29 May 1975 .
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak--- 30. 5 . 75                     Official Journal of the European Communities                              No L 139/ 17
                                                        ANNEX
                    Levies applicable from 2 June 1975 to imports from third countries (')
                                                                                                          ( in u.a. /100 kg)
      CCT                                                                                   Austria
                                                                                                             Other third
    heading                                Description of goods                             Sweden
                                                                                                              countries
      No                                                                                   Switzerland
                                                                                                    Live weight
01.02       Live animals of the bovine species :                                         \
            A. Domestic species :
                II. Other :
l                   a) Calves                                                               43-820 (b)         43-820 (b)
                    b) Other :
                       1 . Cows for immediate slaughter, the meat of which is
                           intended for processing (a)                                      43-820               __
                       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
                               female animals (c)                                                              43-820
l                          bb) Other                                                        43-820 (b)
                                                                                                     Net weight
                                                                                                               43-820 (b)
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 animals :
                    a) Of domestic bovine animals :
                       1 . Fresh or chilled :
                           aa) Of calves :
                               11 . Carcases and half-carcases                               83-258            83-258
\                              22. Separated or unseparated forequarters                     66-606            66-606
                               33. Separated or unseparated hindquarters                     99-910            99-910
l                          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 (c)                              83-258
                                    bbb) Other                                               83-258            83-258
                               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 (c)                                                66-606
                                    bbb) Other                                               66-606            66-606
 ---pagebreak--- No L 139/ 18                                Official Journal of the European Communities                                                     30. 5 . 75
                                                                                                                                          (in 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 more 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)f
                                                          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 (c)                                                                           99-910
                                                    bbb) Other                                                             99-910              99-910
                                          cc) Other cuts of veal and beef :
                                               11 . Unboned (bone-in)                                                     124-887             124-887
                                               22. Boned or boneless                                                      142-853             142-853
02.06                      Meat and edible meat offals (except poultry liver), salted, in brine,
                           dried or smoked :
                           C. Other :
                               I. Of domestic bovine animals :
                                  a) Meat :
                                      1 . Unboned (bone-in)                                                               124-887       j     124-887
                                      2. Boned or boneless                                                                142-853             142-853
                                                                                                                      I
 (') Regulation (EEC) No 521/70, as amended by Regulation (EEC) No 241/ 75, provides that the levies are not applied to imports into the French
      overseas departments of products originating 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 present
     applicable to cows imported under the bilateral agreement on cattle for the food processing industry between the European Communities
     and Austria .
  (b) Where these products are imported under the conditions set out in Article 11 of Council Regulation (EEC) No 805/68 of 27 June 1968 and
      in the provisions adopted for its application, the levy is either refun ded or not collected in accordance with those provisions.
  (f) Entry under this subheading is subject to the production of the certificate referred to in paragraph 2 (c) of Protocol 1 , Annex I to the
      trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .