CELEX: 31990R3862
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3862/90 of 28 December 1990 fixing the import levies on frozen beef and veal

No L 367/64                                Official Journal of the European Communities                                 29 . 12. 90
                                     COMMISSION REGULATION (EEC) No 3862/90
                                                       of 28 December 1990
                                      fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           (c) 25 % where the market price is more than 104 % and
                                                                          less than or equal to 106 % of the guide price ;
Having regard to the Treaty establishing the European
                                                                      (d) 0 % where the market price is more than 106 % of
Economic Community,
                                                                          the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organization of the market                 Whereas, if it is found that the price of adult bovine
in beef and veal ('), as last amended by Regulation (EEC)             animals on representative Community markets is equal to
No 3577/90 (2), and in particular Article 12 (8) thereof,             or less than the guide price, the levy applicable equals the
                                                                      following percentage of the basic levy :
Having regard to the opinion of the Monetary Committee,
                                                                      (a) 100 % where the market price is more than or equal
Whereas under Article 9 of Regulation (EEC) No 805/68                      to 98 % of the guide price ;
a levy is applicable to the products specified in Article 1           (b) 105 % where the market price is less than 98 % and
(1 ) (a) of that Regulation ; whereas Article 12 fixes the                 more than or equal to 96 % of the guide price ;
amount of the levy applicable by reference to a percent­
age of the basic levy ;                                               (c) 110 % where the market price is less than 96 % and
                                                                           more than or equal to 90 % of the guide price ;
Whereas, in respect of the types of frozen meat listed in             (d) 114 % where the market price is less than 90 % of
section (b) of the Annex to the said Regulation under CN                   the guide price ;
codes 0202 10 00 and 0202 20 10, the basic levy is deter­
mined on the basis of the difference between :
                                                                      Whereas the guide prices for adult bovine animals to be
— the guide price multiplied by a coefficient represent­              applied from 14 May 1990 have been fixed by Council
     ing the ratio existing in the Community between the              Regulation (EEC) No 1 1 88/90 0 ;
     price of fresh meat of a category competitive with the
     frozen meat in question, presented in the same form,             Whereas the prices fixed by the Council are to be reduced
     and the average price of adult bovine animals, and               in accordance with Commission Regulation (EEC) No
— the Community free-at-frontier offer price for frozen                1252/90 of 11 May 1990 establishing the prices and
     meat, plus the amount of the customs duty and a stan­            amounts fixed in ecus by the Council in the beef and veal
     dard amount representing the specific costs of the               sector and reduced as a result of the monetary realign­
     import operations ;                                              ment of 5 January 1990 (®) ;
Whereas, by Commission Regulation (EEC) No 586/77 of                  Whereas the Community free-at-frontier offer price for
18 March 1977 laying down rules for the application of                frozen meat is determined by reference to the world
the levies on beef and veal and amending Regulation                   market price based on the most representative purchasing
(EEC) No 950/68 on the Common Customs Tariff (3), as                  possibilities, as regards quality and quantity, recorded over
last amended by Regulation (EEC) No 3988/87 (4), the                  a certain period preceding the fixing of the basic levy,
abovementioned coefficient, calculated in accordance with
                                                                      taking into account in particular :
the rules laid down in Article 11 (2) (a) of Regulation
(EEC) No 805/68, has been fixed at 1,69 units of account              — foreseeable developments on the market in frozen
and the standard amount referred to in Article 11 (2) (b)                  meat,
of the said Regulation has been fixed at ECU 6,65 ;
                                                                      — the most representative prices on third country
Whereas, if it is found that the price of adult bovine                     markets for fresh and chilled meat of a category which
animals on representative Community markets is higher                      is competitive with frozen meat,
than the guide price, the levy applicable equals the fol­             — past experience ;
lowing percentage of the basic levy :
(a) 75 % where the market price is less than or equal to              Whereas the basic levy on the types of frozen meat listed
     1 02 % of the guide price ;                                      in section (b) of the Annex to Regulation (EEC) No
(b) 50 % where the market price is more than 102 % and                805/68 under CN codes 0202 20 50, 0202 20 90,
     less than or equal to 1 04 % of the guide price ;                0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
                                                                      basic levy fixed for the products falling within CN codes
                                                                      020210 00 and 0202 20 10, multiplied by a standard
(') OJ   No L  148, 28. 6. 1968, p. 24.
O   OJ   No L  353, 17. 12. 1990, p. 23.
(3) OJ   No L  75, 23. 3. 1977, p. 10.                                O OJ No L 119, 11 . 5. 1990, p. 36.
O   OJ   No L  376, 31 . 12. 1987, p. 31 .                            («) OJ No L 121 , 12. 5. 1990, p. 30.
 ---pagebreak--- 29. 12. 90                             Official Journal of the European Communities                             No L 367/65
coefficient fixed for each of the products in question ;          prices recorded in the surplus and deficit zones ; whereas
whereas these coefficients were fixed in Annex II to              the price recorded in the surplus zone is equal to the
Regulation (EEC) No 586/77 ;                                      arithmetic mean of the prices recorded on each of the
                                                                  markets within that zone ; whereas in respect of the
                                                                  United Kingdom the weighted average prices of adult
                                                                  bovine animals recorded on the representative markets of
                                                                  Great Britain on the one hand and Northern Ireland on
Whereas, for the purpose of fixing the free-at-frontier           the other are adjusted by the coefficient fixed in the
offer prices, offer prices that do not correspond to real         abovementioned Annex II ;
purchasing possibilities or that relate to unrepresentative
quantities should not be taken into account ; whereas
offer prices should also be excluded when the movement
of prices in general or the information available gives           Whereas prices for the different categories and qualities
reason to believe that they are unrepresentative of the true      not obtained from prices which are 'live weight excluding
trend of prices in the country of origin ;                        tax', are multiplied by the live weight conversion coeffi­
                                                                  cients fixed in Annex II to the said Regulation and, in the
                                                                  case of Italy, are first increased or reduced by the correc­
                                                                  tive amounts fixed in the said Annex ;
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 100 kilo­
grams from that previously used for the calculation of the        Whereas if one or more Member States, for veterinary or
levy, the latter price should be retained ;                        health reasons for example, adopt measures affecting the
                                                                   normal trend of prices recorded on their markets, the
                                                                   Commission may disregard the prices recorded on the
                                                                   market or markets in question, or use the latest prices
                                                                   recorded on the market or markets in question before the
Whereas pursuant to Article 12 (6) of Regulation (EEC)             entry into force of such measures ;
 No 805/68 the price of adult bovine animals on represen­
tative Community markets is the price established on the
basis of prices recorded over a period to be determined on
 the representative market or markets of each Member               Whereas, in the absence of information, prices recorded
 State for the various categories of adult bovine animals or       on representative Community markets are determined
 of meat from such animals, taking into account the size of        mainly by reference to the most recently recorded prices ;
 each of these categories and the relative size of the bovine
 herd of each Member State ;
                                                                   Whereas, for such period as the price of adult bovine
                                                                   animals recorded on representative Community markets
 Whereas the representative markets, categories and quali­         differs by less than ECU 0,24 per 100 kilograms of live
 ties of products and weighting coefficients are fixed in          weight from the price previously used, the latter is
                                                                   retained ;
 Annex II to Commission Regulation (EEC) No 610/77 of
 18 March 1977 on the determination of prices of adult
 bovine animals on representative Community markets
 and the survey of prices of certain other cattle in the
 Community ('), as last amended by Regulation (EEC) No             Whereas the levies must be so fixed that obligations
 3784/90 0 ;                                                       arising from international agreements concluded by the
                                                                   Community continue to be fulfilled ;
 Whereas, for Member States with several representative            Whereas Council Regulation (EEC) No 7l5/90 (3) lays
 markets, the price of each category and quality is equal to       down the arrangements applicable on agricultural
 the arithmetic mean of the prices recorded on each of             products and certain goods resulting from the processing
 those markets ; for representative markets held several           of agricultural products originating in the African, Carib­
                                                                   bean and Pacific States or in the overseas countries and
 times in one period of seven days, the price of each cat­
 egory and quality is equal to the arithmetic mean of the          territories ;
 prices recorded on each market day ; whereas in respect of
 Italy the price of each category and quality is equal to the
 average, weighted by the special weighting coefficients
 fixed in Annex II to Regulation (EEC) No 610/77, of the           Whereas the various cuts of frozen meat are defined in
                                                                   Regulation (EEC) No 586/77 ;
 (') OJ No L 77, 25. 3. 1977, p. 1 .
 0 OJ No L 364, 28. 12. 1990, p. 2                                 0 OJ No L 84, 30. 3. 1990, p. 85.
 ---pagebreak---  No L 367/66                            Official Journal of the European Communities                             29 . 12. 90
Whereas, pursuant to Article 33 (2) of Regulation (EEC)               a period to be determined, multiplied by the coeffi­
 No 805/68, the nomenclature provided for in this Regula­             cient referred to in the preceding indent ;
 tion is incorporated in the combined nomenclature ;
                                                                  Whereas, having regard to the provisions of the aforemen­
 Whereas the levies are fixed before the 27th day of each         tioned Regulations, and in particular to the information
 month and are applicable from the first Monday of the            and quotations known to the Commission, the levies on
 following month ; whereas these levies may be altered in         frozen beef and veal should be as set out in the Annex
 the period between two fixings where the basic levy is           hereto,
 altered, or in these case of changes in the prices recorded
 on Community representative markets ;
 Whereas, if the levy system is to operate normally, levies
                                                                   HAS ADOPTED THIS REGULATION :
 should be calculated on the following basis :
 — in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band                                  Article 1
     of 2,25 % , a rate of exchange based on their central
     rate, multiplied by the corrective factor provided for in    The import levies on frozen beef and veal shall be as set
     the last paragraph of Article 3 (1 ) of Council Regula­      out in the Annex.
     tion (EEC) No 1676/85 ('), as last amended by Regula­
     tion (EEC) No 2205/90 (2),
 — for the other currencies, an exchange rate based on an                                  Article 2
     average of the ecu rates published in the Official
     Journal of the European Communities, C series, over          This Regulation shall enter into force on 7 January 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 December 1990.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
(2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 29 . 12. 90                           Official Journal of the European Communities                                                 No L 367/67
                                                                 ANNEX
            to the Commission Regulation of 28 December 1990 fixing the import levies on frozen beef
                                                               and veal (l)
                                                                                                                  (ECU/ 100 kg)
                                                 CN code                                                       Levy
                                                                                                       — Net weight —
                                               0202 10 00                                                  (') 197,163
                                               0202 20 10                                                  (>) 197,163
                                               0202 20 30                                                  (') 157,730
                                               0202 20 50                                                  (') 246,454
                                               0202 20 90                                                  (') 295,745
                                               0202 30 10                                                  0)246,454
                                               0202 30 50                                                  0) 246,454
                                               0202 30 90                                                  (') 339,120
                                               0206 29 91                                                  (') 339,120
            (') In accordance with 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.