CELEX: 31988R1943
Language: en
Date: 1988-07-02 00:00:00
Title: Commission Regulation (EEC) No 1943/88 of 1 July 1988 fixing the import levies on live cattle and on beef and veal other than frozen

Official Journal of the European Communities                             No L 170/29
2. 7. 88
                                    COMMISSION REGULATION (EEC) No 1943/88
                                                         of 1 July 1988
                     fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (d) 0 % where the market price is more than 106 % of
                                                                          the guide price ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas if it is found that the price of adult bovine
                                                                    animals on representative Community markets is equal to
                                                                    Or less than the guide price, the levy applicable equals the
Having regard to the Act of Accession of Spain and                  following percentage of the basic levy :
Portugal,
                                                                    (a) 100 % where the market price is more than or equal
 Having regard to Council Regulation (EEC) No 805/68 of                    to 98 % of the guide price ;
 27 June 1968 on the common organization of the market
 in beef and veal ('), as last amended by Regulation (EEC)          (b) 105 % where the market price is less than 98 % and
 No 3905/87 (2), and in particular Article 12 (8) thereof,                 more than or equal to 96 % of the guide price ;
                                                                    (c) 110 % where the market price is less than 96 % and
 Having regard to the opinion of the Monetary Committee,                   more than or equal to 90 % of the guide price ;
                                                                    (d) 114 % where the market price is less than 90 % of
 Whereas under Article 9 of Regulation (EEC) No 805/68                     the guide price ;
 a levy is applicable to the products specified in Article 1
 (1 ) (a) of that Regulation ; whereas Article 12 fixes the
 amount of the levy applicable by reference to a percen­             Whereas pursuant to Article 10 (4) of Regulation (EEC)
 tage of the basic levy ;                                            No 805/68 the basic levy on the meat specified in
                                                                     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 Council has not to date adopted the prices
  0201 20 11 and 0201 20 19, account being taken in parti­           for the 1988/89 marketing year, which commences on 1
  cular of the position with respect to supply and demand,           July 1988 ; whereas the prices factors determined by
  of world market prices for frozen meat of a category                Commission Regulation (EEC) No 1936/88 (*) should
  which is competitive with fresh or chilled meat and of              accordingly be taken into account for the calculation of
  past experience ;                                                   the levies in order to ensure that the import arrangements
                                                                      continue to operate in the sector concerned ;
  Whereas if it is found that the price of adult bovine
  animals on representative Community markets is higher               Whereas Regulation (EEC) No 586/77 stipulates that the
  than the guide price, the levy applicable equals the follo­         basic levy is to be calculated according to the method set
  wing percentage of the basic levy :                                 out in its Article 3 and on the basis of all the representa­
                                                                      tive free-at-frontier offer prices of the Community deter­
   (a) 75 % where the market price is less than or equal " to         mined for the products of each of the categories and cuts
        102 % of the guide price ;                                    specified in Article 2 and established principally by
   (b) 50 % where the market price is more than 102 % and             reference to the prices specified in the customs docu­
        less than or equal to 104% of the guide price ;                ments accompanying products imported from third coun­
                                                                       tries or from other information concerning export prices
   (c) 25 % where the market price is more than 104 % and              obtaining in those third countries ;
        less than or equal to 106 % of the guide price ;
                                                                       (3) 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 370, 30. 12. 1987, p. 7.                                Is) See page 15 of this Official Journal.
 ---pagebreak--- No L 170/30                              Official Journal of the European Communities                                   2. 7. 88
Whereas, however, offer prices that do not correspond to           the representative market or markets of each Member
real purchasing possibilities or that relate to unrepresenta­      State in respect of the various categories of adult bovine
tive quantities > should not be taken into account ;               animals or of meat from such animals, after taking into
whereas offer prices should also be excluded when the              account the size of each of these categories and the rela­
movement of prices in general or the information avai­             tive size of the bovine herd of each Member State :
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
Whereas in cases where for one or more categories of               Whereas the prices of adult bovine animals recorded 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 are equal to the average, weighted by the appropriate
price should be used for the calculation ;                         coefficients, of the prices for the various qualities of adult
                                                                   bovine animals or meat of such animals over a period of
                                                                   seven days in that Member State at a particular wholesale
Whereas if the free-at-frontier offer price differs by less        marketing stage ; whereas, the price of adult bovine
than 0,60 ECU per 100 kilograms of live weight from that           animals recorded on the representative market or markets
previously used for the calculation of the levy, the latter        of the United Kingdom shall be corrected by the amount
price should be retained ;                                         of the premium granted to producers under Regulation
                                                                   (EEC) No 1347/86 (3), as last amended by Regulation
                                                                   (EEC) No 467/87 (4) ; whereas the representative markets,
Whereas pursuant to Article 10 (3) of Regulation (EEC)             categories and qualities of products and weighting coeffi­
No 805/68 a special basic levy is determined for certain           cients are fixed in Annex II to Commission Regulation
third countries on the basis of the difference between the         (EEC) No 610/77 of 18 March 1977 on the determination
guide price and the average price recorded over a certain          of prices of adult bovine animals on representative
period plus the amount of the customs duty ;                       Community markets and the survey of prices of certain
                                                                   other cattle in the Community ^, as last amended by
                                                                   Regulation (EEC) No 1547/88 (6) ;
Whereas Commission Regulation (EEC) No 611 /77 of 18
March 1977 ('), as amended by Regulation (EEC) No
925/77 (2), provides that the special levy on products origi­
nating in and coming from Austria, Sweden and Switzer­
land should be determined on the basis of the weighted             Whereas, for Member States with several representative
average of the prices of adult bovine animals recorded on          markets, the price of each category and quality is equal to
the representative markets of those third countries ;              the arithmetic mean of the prices recorded on each of
whereas the weighting coefficients and representative              those markets ; whereas, for representative markets held
markets are specified in the Annexes to Regulation (EEC)           several times in one period of seven days, the price of
 No 611 /77 ;                                                      each category and quality is equal to the arithmetic mean
                                                                   of the prices recorded on each market day ; whereas in
                                                                   respect of Italy the price of each category and quantity is
Whereas the average price is not to be used for calcula­           equal to the average, weighted by the special weighting
 ting the special levy unless it is at least 1,21 ECU per 100      coefficients fixed in Annex II to Regulation (EEC) No
 kilograms of live weight more than the free-at-frontier           610/77, of the prices recorded in the surplus and deficit
 offer price determined in accordance with Article 10 (2) of       zones ; whereas the price recorded in the surplus zone is
 Regulation (EEC) No 805/68 ;                                      equal to the 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
Whereas if the average price differs by less than 0,60 ECU         adult bovine animals recorded on the representative
 per 100 kilograms of live weight from that previously             markets of Great Britain on the one hand and Northern
used to calculate the levy, the latter may be retained ;           Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II ;
Whereas in cases where one or more of the abovemen­
 tioned third countries adopt, for reasons of health for
 example, measures affecting the prices recorded on their
 markets, the Commission may use the latest prices                 Whereas prices for the different categories and qualities
 recorded before the entry into force of such measures ;           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 pursuant to Article 12 (6) of Regulation (EEC)             case of Italy, are first increased or reduced by the correc­
 No 805/68 the price of adult bovine animals on represen­          tive amounts fixed in the said Annex ;
 tative Community markets is the price established oil the
 basis of prices recorded over a period to be determined on
                                                                   (3) OJ  No L  119, 8 . 5. 1986,  p. 40 .
                                                                   0   OJ  No L  48 , 17. 2. 1987,  p. 1.
(>) OJ No L 77, 25. 3. 1977, p. 14.                                0   OJ  No L  77, 25.  3. 1977,  p. 1.
(2) OJ No L 109, 30 . 4. 1977, p. 1 .                              (6) OJ  No L   139, 4. 6. 1988 , p. 22.
 ---pagebreak--- 2. 7. 88                                Official Journal of the European Communities                              No L 170/31
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
                                                                       rate, multiplied by the coefficient provided for in the
Whereas for such period as the price of adult bovine                   last paragraph of Article 3 (1 ) of Council Regulation
animals recorded on representative Community markets                   (EEC) No 1676/85 (5), as last amended by Regulation
differs by less then 0,24 ECU per 100 kilograms of live                (EEC) No 1636/87(0,
weight from the price previously used, the latter is
retained :                                                         — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in rela­
                                                                       tion to the Community currencies referred to in the
Whereas levies must be fixed having regard to the obliga­              previous indent and the aforesaid coefficient ;
tions arising from international agreements concluded by
 the Community ;-whereas account should also be taken of
 Council Regulation (EEC) No 314/83 of 24 January 1983             Whereas, having regard to the provisions of the aforemen­
 on the conclusion of the Cooperation Agreement between            tioned Regulation, and in particular to the information
 the European Economic Community and the Socialist                 and quotations known to the Commission, the levies on
 Federal Republic of Yugoslavia ('), and of Council Deci­          live cattle and beef and veal other than frozen meat
 sion 87/605/EEC of 21 December 1987 on the conclu­                should be as set out in the Annex hereto,
 sion of the additional Protocol to the Cooperation Agree­
 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 486/85 (3), last
 amended by Regulation (EEC) No 1821 /87 (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 4 July 1988.
  (■) OJ No  L 41 , 14. 2. 1983, p. 1 .
  O   OJ No  L 389, 31 . 12. 1987, p. 72.
  O   OJ No  L 61 , 1 . 3. 1985, p. 4.                              O OJ No L 164, 24. 6. 1985, p. 1 .
  (4) OJ No  L 172, 30. 6. 1987, p. 102.                            fó OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 170/32                    Official Journal of the European Communities                        2. 7. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 1 July 1988 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President
 ---pagebreak--- 2. 7. 88                             Official Journal of the European Communities                                               No L 170/33
                                                              ANNEX
         to the Commission Regulation of 1 July 1988 fixing the import levies on
                                  live cattle and on beef and veal other than frozen i1)
                                                                                                                 (ECU/100 kg)
                                                                                Austria/Sweden/
                           CN code                       Yugoslavia (2)                                Other third countries
                                                                                   Switzerland
                                                                              — Live weight —
         0102 90 10                                                                  29,531                   131,237
         0102 90 31                                         23,024                   29,531                   131,237
         0102 90 33                                                                  29,531                   131,237
         0102 90 35                                         23,024                   29,531                   131,237
         0102 90 37                                         23,024                   29,531                   131,237
                                                                                — Net weight —
          0201 10 10                                                                 56,109                   249,350
          0201 10 90                                        43,746                   56,109                   249,350
          0201 20 11                                        43,746                   56,109                   249,350
          0201 20 19                                        43,746                   56,109                   249,350
          0201 20 31                                                                 44,886                   199,479
          0201 20 39                                        34,996                   44,886                   199,479
          0201 20 51                                        52,495                   67,330                   299,220
          0201 20 59                                        52,495                   67,330                   299,220
          0201 20 90                                                                 84,162                   374,025
          0201 30                                                                    96,270                   427,832
          0206 10 95                                                                 96,270                   427,832
          0210 20 10                                                                 84,162                   374,025
          0210 20 90                                                                 96,270                   427,832
          0210 90 41                                                                 96,270                   427,832
          0210 90 90                                                                 96,270                   427,832
          1602 50 10                                                                 96,270                   427,832
          1602 90 61                                                                 96,270                   427,832
          (') In accordance with Regulation (EEC) No 486/85, levies are not applied to imports into the French overseas
              departments of products 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 Regulation (EEC) No 1368/88 (OJ No
              L 126, 20. 5. 1988, p. 26).