CELEX: 31991R3739
Language: en
Date: 1991-12-21 00:00:00
Title: Commission Regulation (EEC) No 3739/91 of 20 December 1991 fixing the import levies on live cattle and on beef and veal other than frozen

No L 352/24                           Official Journal of the European Communities                                  21 . 12. 91
                                  COMMISSION REGULATION (EEC) No 3739/91
                                                  of 20 December 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 1628/91 (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
(1 ) (a) of that Regulation ; whereas Article 12 fixes the       Whereas pursuant to Article 10 (4) of Regulation (EEC)
amount of the levy applicable by reference to a percen­          No 805/68 the basic levy on the meat specified in
tage of the basic levy ;                                         sections (a), (c) and (d) of the Annex hereto is equal to the
                                                                 basic levy determined for bovine animals, multiplied by a
Whereas in respect ' of bovine animals the basic levy is         standard coefficient fixed for each of the products in
determined on the basis of the difference between the            question ; whereas these coefficients are fixed by
guide price and the Community free-at-frontier offer             Commission Regulation (EEC) No 586/77 of 18 March
price plus the amount of the customs duty ; whereas the           1977 laying down rules for the application of levies on
Community free-at-frontier offer price is determined in          beef and veal and amending Regulation (EEC) No 950/68
the light of the most representative purchasing possibili­       on the Common Customs Tariff (3), as last amended by
ties, as regards quality and quantity, recorded over a           Regulation (EEC) No 3988/87 (4) ;
certain period for bovine animals and for the fresh or
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 10, 0201 10 90,           Whereas the guide prices for adult bovine animals for the
0201 20 11 and 0201 20 19, account being taken in parti­          1991 /92 marketing year were fixed by Council Regulation
cular of the position with respect to supply and demand,         (EEC) No 1629/91 (5);
of world market prices for frozen meat of a category
which is competitive with fresh or chilled meat and of
past experience ;                                                Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                 basic levy is to be calculated according to the method set
Whereas if it is found that the price of adult bovine            out in its Article 3 and on the basis of all the representa­
animals on representative Community markets is higher             tive free-at-frontier offer prices of the Community deter­
than the guide price, the levy applicable equals the follo­       mined for the products of each of the categories and cuts
wing percentage of the basic levy :                               specified in Article 2 and established principally by
                                                                  reference to the prices specified in the customs docu­
(a) 75 % where the market price is less than or equal to          ments accompanying products imported from third coun­
      102% of the guide price ;                                   tries or from other information concerning export prices
                                                                  obtaining in those third countries ;
(b) 50 % where the market price is more than 102 % and
     less than or equal to 1 04 % of the guide price ;
(c) 25 % where the market price is more than 104 % and            Whereas, however, offer prices that do not correspond to
      less than or equal to 106% of the guide price ;             real purchasing possibilities or that relate to unrepresenta­
(d) 0 % where the market price is more than 106 % of              tive quantitities should not be taken into account ;
      the guide price ;                                           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
Whereas if it is found that the price of adult bovine             trend of prices in the country of origin ;
 animals on representative Community markets is equal to
                                                                  (J) OJ No L 75, 23. 3. 1977, p. 10.
 (») OJ No L 148, 28. 6. 1968, p. 24.                             (4) OJ No L 376, 31 . 12. 1987, p. 31 .
  2 OJ No L 150, 15. 6. 1991 , p. 16.                             0 OJ No L 150, 15. 6. 1991 , p. 18.
 ---pagebreak--- 21 . 12. 91                             Official Journal of the European Communities                             No L 352/25
Whereas in cases where for one or more categories of              Annex II to Commission Regulation (EEC) No 610/77 of
bovine animals or cuts of meat a free-at-frontier offer            18 March 1977 on the determination of prices of adult
price cannot be established, the most recent available            bovine animals on representative Community markets
price should be used for the calculation ;                        and the survey of prices of certain other cattle in the
                                                                  Community (3), as last amended by Regulation (EEC) No
                                                                  3071 /91 (4) ;
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, for Member States with several representative
                                                                  markets, the price of each category and quality is equal to
                                                                  the arithmetic mean of the prices recorded on each of
Whereas pursuant to Article 10 (3) of Regulation (EEC)            those markets whereas, for representative markets held
No 805/68 a special basic levy is determined for certain          several times in one period of seven days, the price of
third countries on the basis of the difference between the        each category and quality is equal to the arithmetic mean
guide price and the average price recorded over a certain         of the prices recorded on each market day ; whereas in
period plus the amount of the customs duty ;                      respect of Italy the price of each category and quantity is
                                                                  equal to the average, weighted by the special weighting
                                                                  coefficients fixed in Annex II to Regulation (EEC) No
Whereas Commission Regulation (EEC) No 61 1 /77 ('), as            610/77, of the prices recorded in the surplus and deficit
amended by Regulation (EEC) No 925/77 (2), provides                zones ; whereas the price recorded in the surplus zone is
that the special levy on products originating in and               equal to the arithmetic mean of the prices recorded on
coming from Austria, Sweden and Switzerland should be              each of the markets within that zone ; whereas in respect
determined on the basis of the weighted average of the             of the United Kingdom the weighted average prices of
prices of adult bovine animals recorded on the representa­         adult bovine animals recorded on the representative
tive markets of those third countries ; whereas the                markets of Great Britain on the one hand and Northern
weighting coefficients and representative markets are              Ireland on the other are adjusted by the coefficient fixed
specified in the Annexes to Regulation (EEC) No 611 /77 ;          in the abovementioned Annex II :
Whereas the average price is not to be used for calcula­
ting the special levy unless it is at least ECU 1,21 per 100      Whereas prices for the different categories and qualities
kilograms of live weight more than the free-at-frontier            not obtained from prices which are 'live weight excluding
offer price determined in accordance with Article 10 (2) of        tax' are multiplied by the live weight conversion coeffi­
Regulation (EEC) No 805/68 ;                                       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 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 if one or more Member States, for veterinary or
                                                                   health reasons for example, adopt measures affecting the
Whereas in cases where one or more of the abovemen­                normal trend of prices recorded on their markets the
tioned third countries adopt, for reasons of health for            Commission may disregard the prices recorded on the
example, measures affecting the prices recorded on their           market or markets in question, or use the latest prices
markets, the Commission may use the latest prices                  recorded on the market or markets in question before the
recorded before the entry into force of such measures ;            entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­          Whereas, in the absence of information, prices recorded
tative Community markets is the price established on the           on representative Community markets are determined
basis of prices recorded over a period to be determined on         mainly by reference to the most recently recorded prices ;
the representative market or markets of each Member
State in respect of the various categories of adult bovine
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 for such period as the price of adult bovine
                                                                   animals recorded on representative Community markets
                                                                   differs by less then 0,24 ECU per 100 kilograms of live
Whereas the representative markets, categories and quali­         weight from the price previously used, the latter is
ties of products and weighting coefficients are fixed in           retained ;
(') OJ No L 77, 25. 3. 1977, p. 14.                               (3) OJ No L 77, 25. 3. 1977, p. 1 .
(2) OJ No L 109, 30. 4. 1977, p. 1 .                              (4) OJ No L 290, 22. 10. 1991 , p. 19.
 ---pagebreak--- No L 352/26                             Official Journal of the European Communities                               21 . 12. 91
Whereas Council Regulation (EEC) No 715/90 (1), as last                 (EEC) No 1 676/85 (3), as last amended by Regulation
amended by Regulation (EEC) No 523/91 (2), lays down                    (EEC) No 2205/90 (4),
the arrangements applicable on agricultural products and          — for the other currencies, an exchange rate based on
certain goods resulting from the processing of agricultural             the ecu rates published in the Official Journal of the
products originating in the African, Caribbean and Pacific              European Communities, C series, over a period to be
States or in the overseas countries and territories ;
                                                                        determined, multiplied by the coefficient referred to
Whereas the various cuts of beef and veal are defined in                in the preceding indent ;
Regulation (EEC) No 586/77 ;
                                                                  Whereas, having regard to the provisions of the aforemen­
Whereas, pursuant to Article 33 (2) of Regulation (EEC)           tioned Regulation, and in particular to the information
No 805/68, the nomenclature provided for in this Regula­          and quotations known to the Commission, the levies on
tion is incorporated in the combined nomenclature ;               live cattle and beef and veal other than frozen meat
                                                                  should be as set out in the Annex hereto,
Whereas the levies and special levies are fixed before the
27th day of each month and are applicable from the first
Monday of the following month ; whereas these levies
                                                                  HAS ADOPTED THIS REGULATION :
may be altered in the period between two fixings where
the basic levy or special basic levy is altered, or in the case
of changes in the prices recorded on Community repre­                                         Article 1
sentative markets ;
Whereas, if the levy system is to operate normally, levies        The import levies on live cattle and beef and veal other
                                                                   than frozen meat shall be as set out in the Annex to the
should be calculated on the following basis :
                                                                   present Regulation.
— 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                                    Article 2
     rate, multiplied by the coefficient provided for in the
     last paragraph of Article 3 (1) of Council Regulation        This Regulation shall enter into force on 6 January 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 20 December 1991 .
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
 (') OJ No L 84, 30. 3. 1990, p. 85.                                (}) OJ No L 164, 24. 6 . 1985, p. 1 .
 f) OJ No L 149, 14. 6. 1991 , p. 29.                               (4) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 21 . 12. 91                             Official Journal of the European Communities                                               No L 352/27
                                                                 ANNEX
            to the Commission Regulation of 20 December 1991 fixing the import levies on
                                      live cattle and on beef and veal other than frozen
                                                                                                                   (ECU/100 kg)
                                                                 Austria/Sweden/                  Other third countries
                              CN code
                                                                   Switzerland
                                                                                  — Live weight —
                            0102 90 10                                17,678                             ')  131,663
                            010290 31                                 17,678                             ')  131,663
                            0102 90 33                                17,678                             ')  131,663
                            0102 90 35                                17,678                             ')  131,663
                            0102 90 37                                17,678                             ')  131,663
                                                                                      Net weight­
                            0201 10 10                                33,588                             ') 250,160
                            0201 10 90                                33,588                              ') 250,160
                            0201 20 21                                33,588                              ') 250,160
                            0201 20 29                                33,588                             ') 250,160
                            0201 20 31                                26,871                              ') 200,128
                            0201 20 39                                26,871                              ') 200,128
                            0201 20 51                                40,306                              ') 300,192
                            0201 20 59                                40,306                              ') 300,192
                            0201 20 90                                50,382                              l) 375,240
                            0201 30 00                                57,630                              ') 429,221
                            0206 10 95                                57,630                              ') 429,221
                            0210 20 10                                50,382                                 375,240
                            0210 20 90                                57,630                                 429,221
                            0210 90 41                                57,630                                 429,221
                            0210 90 90                                57,630                                 429,221
                             1602 50 10                               57,630                                 429,221
                             1602 90 61                               57,630                                 429,221
             (') 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.