CELEX: 31976R0585
Language: en
Date: 1976-03-15 00:00:00
Title: Commission Regulation (EEC) No 585/76 of 15 March 1976 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

No L 69 / 38                          Official Journal of the European Communities                               15 . 3 . 76
                                  COMMISSION REGULATION (EEC) No 585/76
                                                     of 15 March 1976
               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 15 March 1976 are fixed by
                                                                Council     Regulation (EEC) No 558/76 of 15 March
                                                                 1976(3);    .
Having regard to the Treaty establishing the European
Economic Community,
                                                                Whereas Commission Regulation (EEC) No 218/73 of
                                                                 29 January 1973 on the determination of the import
                                                                 price and the special import price for calves and adult
Having regard to Council Regulation (EEC) No                     bovine animals (4), as amended by Regulation (EEC)
805/68 of 27 June 1968 on the common organization                No 532/76 (5), provides that the import price is to be
of the market in beef and veal ( !), as last amended by          calculated in accordance with the method set out in
Regulation (EEC) No 568/76 (2), and in particular the            Article 4 on the basis of all the representative free-at­
second subparagraph of Article 10 (7) and Article 12             frontier offer prices in the Community established for
(7) thereof,                                                     each of the categories and cuts specified in Article 2,
                                                                 and ascertained in particular from :
Having regard to the opinion of the Monetary                     (a) prices given in the customs documents accom­
Committee,                                                            panying the products imported from such other
                                                                      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
duty, is    lower than the guide price, the difference           Whereas, however, offer prices which do not corres­
between    the latter price and the import price plus that       pond to actual purchasing possibilities are to be disre­
addition   is offset by a levy on imports of that product ;      garded, as are also offer prices relating to unrepresenta­
whereas,    however, such levy is to be fixed at :               tive quantities ; whereas offer prices which, because of
                                                                 the development of prices in general or from the infor­
— 75 % of the abovementioned difference, if it is                mation available, do not seem to be representative of
     found that the price of the product in question on          the actual trend of prices in the exporting country
     the representative markets of the Community is              should also be disregarded ;
     more than the guide price but does not exceed
     1 02 % of that price ;
                                                                 Whereas, where no free-at-frontier offer price can be
— 50 % of the abovementioned difference, if it is                recorded for one or more categories of live animals or
     found that the price of the product in question on          of meat, the last available price must be used for the
                                                                 calculation ;
     the representative markets of the Community is
     more than 102 % of the guide price but does not
     exceed 1 04 % of that price ;                               Whereas the import price must be calculated on the
— 25 % of the abovementioned difference, if it is                first and third Thursday of each month for the
     found that the price of the product in question on          purpose of calculating the levies valid from the
                                                                  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 ;
     exceed 106% of that price ;
— nil, if it is found that the price of the product in           Whereas Commission Regulation (EEC) No 2150/73
     question on the representative markets of the                of 6 August 1973 (6), as amended by Regulation (EEC)
     Community is more than 106 % of the guide
     price ;                                                     (3 ) OJ  No   L 67, 15 . 3. 1976, p. 4.
                                                                  (4) OJ  No   L 26, 31 . 1. 1973, p. 16.
(') OJ No L 148 , 28 . 6. 1968 , p. 24.                          (5)  OJ  No   L 63, 11 . 3. 1976, p. 17.
(2) OJ No L 67, 15 . 3 . 1976, p. 28 .                            (") OJ  No   L 219, 7.  8. 1973, p. 15.
 ---pagebreak---   15. 3 . 76                           Official Journal of the European Communities                            No L 69/39
 No 1 261 /75 (1 ), provides for the fixing of the special        new Member States must be increased by the basic
 import price referred to in Article 10 ( 1 ) (a) of Regula­     compensatory amount provided for in Article 1 ( 1 ) of
 tion (EEC) No 805/68 for adult bovine animals origi­             Council Regulation (EEC) No 181 /73 of 23 January
 nating in and coming from Austria, Sweden and Swit­              1973 laying down general rules for the system of
 zerland on the basis of quotations on representative            compensatory amounts for beef and veal (4) ;
 markets in these third countries ;
 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
                                                                  by the special weighting coefficients laid down in
 Whereas, if one or more of the third countries                   Annex II to amended Regulation (EEC) No 320/73, of
 referred to take, notably for health protection reasons,         the prices recorded in the surplus and deficit produc­
 measures affecting prices quoted on their markets, the           tion areas ; whereas the price recorded in the surplus
 Commission may base itself on the last prices                    production area is equal to the average of the quota­
 recorded before such measures were put into effect ;             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
                                                                  Annex II :
 latter price must be maintained ;
 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
 Whereas the prices for calves and adult bovine                  converted back into live weight per unit of weight by
 animals, recorded on the representative market or                applying the corrective coefficient fixed in that
 markets of each Member State, is equal to the average,          Annex :
 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 days in that
 Member State at a standard wholesale stage ; whereas            Whereas,      if one    or  more       Member States  take
 the representative markets, the qualities of the                 measures, such as health protection measures, which
 products and the weightings were fixed in Annex II to           affect the normal development of quotations recorded
 Commission Regulation (EEC) No 320/73 of 31                     on their markets, the Commission may either disre­
January 1973 on the determination of the prices for              gard the quotations recorded on the market or
 calves and adult bovine animals on the representative            markets in question or use the last quotations
 markets of the Community (2), as last amended by                 recorded on the market or markets in question before
 Regulation (EEC) No 1867/75 (3) ;                               those measures were put into effect ;
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 126, 17. 5. 1975, p. 18 .
(2) OJ No L 36, 8 . 2. 1973, p. 13 .
P) OJ No L 190 , 23 . 7 . 1975, p . 7.                           (4) OJ No L 25, 30 . 1 . 1973 , p. 9 .
 ---pagebreak---  No L 69/40                            Official Journal of the European Communities                            15 . 3 . 76
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
                                                                 1100/74(3) of 3 May 1974 ;
Whereas, for as long as the price recorded for calves
 and adult bovine animals on the representative
 Community markets differs by less than 0-20 unit of             Whereas, in accordance with Article 33 (2) of Regula­
 account per 100 kg live weight from the price previ­            tion (EEC) No 805/68 , the nomenclature provided for
                                                                 in this Regulation is incorporated in the Common
 ously used, the latter price is to be maintained ;              Customs Tariff ;
Whereas Article 12 ( 1 ) of Regulation (EEC) No 805/68           Whereas the levies must be fixed once each week and
 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
 A II a) 1 bb) ; whereas this levy is equal to the levy          — in the case of currencies which are maintained in
 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
Whereas Article 12 (3) of Regulation (EEC) No 805/68                  of these currencies recorded for a given period, in
 provides that if the levy is charged on adult bovine                 relation to the Community currencies referred to
                                                                      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
 tion ; whereas this levy is equal to the levy charged on        Whereas it follows from the provisions of the above­
 adult bovine animals, multiplied by a standard coeffi­           mentioned Regulations and in particular from the
 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
 provides that the levy may be charged on imports of              tion,
 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 for          tion (EEC) No 805/68 shall be as shown in the Annex
 calculating the levy on beef 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 of 31 July 1973 on the conclusion
 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 (2) ;                                                   This Regulation shall enter into force on 15 March
                                                                  1976 .
(>) 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--- 15. 3 . 76                    Official Journal of the European Communities                        No L 69/41
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 15 March 1976.
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak--- No L 69/42                       Official Journal of the European Communities                                   15 . 3 . 76
                                                            ANNEX
                  Levies applicable from 15 March 1976 to imports from third countries (')
                                                                                                             (in u.d.1100 kt)
     CCT                                                                                      Austria
                                                                                                               Other third
    heading                                    Description of goods                           Sweden
                                                                                                                countrie*
      No                                                                                     Switzerland
                                                                                                      Live weight
01.02       Live animals of the bovine species :
            A. Domestic species :
               II. Other :
                     a ) Calves                                                                44-352 (b)        51-460 ( b )
                     b) Other :
                         1 . Cows for immediate slaughter, the meat of which is
                             intended for processing (a)                                       44-352               —-
                         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)                                                             51-460
                             bb ) Other                                                        44-352 (b)        51-460 (b)
                                                                                                      Net weight
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                             84-269            97-774
                                   22. Separated or unseparated forequarters                   67-415            78-219
                                   33 . Separated or unseparated hindquarters                 101-123           117-329
                              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)                            97-744
                                        bbb) Other                                              84-269            97-744
                                   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)                                              78-219
                                         bbb) Other                                             67-415            78-219
 ---pagebreak--- 15 . 3 . 76                               Official Journal of the European Communities                                               No L 69/43
                                                                                                                                     (in U.S.1100 km)
        CCT                                                                                                            Austria
                                                                                                                                       Other third
      heading                                          Description of goods                                            Sweden
                                                                                                                                        count rie«
         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),
                                                       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)                                                                      117-329
                                                  bbb) Other                                                          101-123          117-329
                                        cc) Other cuts of veal and beef :
                                            11 . Unboned (bone-in )                                                   126-403          146-661
                                            22. Boned or boneless                                                     144-588          167-760
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 )                                                            126-403          146-661
                                   2. Boned or boneless                                                               144-588          167-760
(') In accordance with Regulation (EEC) No 1599/75, amended by Regulation (EEC) No 3329/75, provides that the levies are not applied to imports
    into the French overseas departments of products originating in the African , Caribbean ana Pacific States or in the 'overseas countries and
    territories '.
(a) Entry under this subheading is subject to conditions to be determined 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
    ana Austria .
(h) 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 refunded or not collected in accordancc with those provisions.
(c) 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.