CELEX: 31978R3051
Language: en
Date: 1978-12-23 00:00:00
Title: Commission Regulation (EEC) No 3051/78 of 22 December 1978 fixing the import levies on frozen beef and veal

No L 361 /28                              Official Journal of the European Communities                           23 . 12. 78
                                      COMMISSION REGULATION (EEC) No 3051/78
                                                        of 22 December 1978
                                        fixing the import levies on frozen beef and veal
 THE COMMISSION OF THE EUROPEAN                                      Whereas, if it is found that the price of adult bovine
 COMMUNITIES,                                                         animals on representative Community markets is
                                                                      higher than the guide price, the levy applicable equals
 Having regard to the Treaty establishing the European               the following percentage of the basic levy :
 Economic Community,
                                                                     (a) 75 % where the market price is less than or equal
 Having regard to Council Regulation (EEC) No                             to 1 02 % of the guide price ;
 805/68 of 27 June 1968 on the common organization
 of the market in beef and veal (!), as last amended by              (b) 50 % where the market price is more than 102 %
 Regulation (EEC) No 425/77 (2), and in particular                        and less than or equal to 104% of the guide
 Article 12 (8) thereof,                                                  price ;
                                                                     (c) 25 % where the market price is more than 104 %
 Having regard to the opinion of the Monetary                             and less than 106 % of the guide price ;
 Committee,
                                                                     (d) 0 % where the market price is more than 106 %
Whereas under Article 9 of Regulation (EEC) No                            of the guide price ;
 805/68 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             Whereas, if it is found that the price of adult bovine
a percentage of the basic levy ;                                     animals on representative Community markets is
                                                                     equal to or less than the guide price, the levy appli­
Whereas, in respect of the types of frozen meat listed               cable equals the following percentage of the basic
 in section (b) of the Annex to the said Regulation                  levy :
under subheading 02.01 A II b) 1 , the basic levy is
 determined by reference to the difference between :                 (a) 100 % where the market price is more than or
                                                                          equal to 98 % of the guide price ;
— the guide price multiplied by a coefficient repre­
     senting the ratio existing in the Community                     (b) 105 % where the market price is less than 98 %
     between the price of fresh meat of a category                        and more than or equal to 96 % of the guide
     competitive with the frozen meat in question,                        price ;
     presented in the same form, and the average price
     of adult bovine animals, and                                    (c) 110 % where the market price is less than 96 %
— the Community free-at-frontier offer price for                          and more than or equal to 90 % of the guide
                                                                          price ;
     frozen meat, plus the amount of the customs duty
     and a standard amount representing the specific                 (d) 114 % where the market price is less than 90 %
     costs of the import operations ;                                     of the guide price ;
Whereas, by Commission Regulation (EEC) No
586/77 of 18 March 1977 laying down rules for the                    Whereas the guide prices for adult bovine animals to
application of the levies on beef and veal and                       be applied from 22 May 1978 have been fixed by
amending Regulation (EEC) No 950/68 on the                           Council Regulation (EEC) No 995/78 of 12 May
Common Customs Tariff (3), as amended by Regula­                      1978 (5);
tion (EEC) No 2658/78 (4), the abovementioned coeffi­
cient, calculated in accordance with the rules laid
down in Article 1 1 (2) (a) of Regulation (EEC) No                   Whereas the Community free-at-frontier offer price
805/68 , has been fixed at 1-69 units of account and
                                                                     for frozen meat is determined by reference to the
the standard amount referred to in Article 1 1 (2) (b) of            world market price based on the most representative
the said Regulation has been fixed at 5-5 units of                   purchasing possibilities, as regards quality and quan­
account :
                                                                     tity, recorded over a certain period preceding the
                                                                     fixing of the basic levy, taking into account in parti­
(') OJ  No  L  148 , 28 . 6. 1968 , p. 24.                           cular :
(2) OJ  No  L  61 , 5. 3 . 1977, p. 1 .
P)  OJ  No  L  75, 23 . 3 . 1977, p. 10 .
(4) OJ  No  L  320, 14. 11 . 1978, p. 10 .                           (5) OJ No L 130, 18 . 5. 1978, p. 1 .
 ---pagebreak--- 23 . 12. 78                        Official Journal of the European Communities                         No L 361 /29
— foreseeable developments on the market in frozen           certain other cattle in the Community (1), as last
     meat,                                                   amended by Regulation (EEC) No 1029/78 (2) ;
— the most representative prices on third country
     markets for fresh and chilled meat of a category        Whereas, for Member States with several representa­
     which is competitive with frozen meat,                  tive markets, the price of each category and quality is
                                                             equal to the arithmetic mean of the prices recorded
— past experience ;                                          on each of those markets ; for representative markets
                                                             held several times in one period of seven days, the
                                                             price of each category and quality is equal to the arith­
Whereas the basic levy on the types of frozen meat           metic mean of the prices recorded on each market
listed in section (b) of the Annex to Regulation (EEC)       day ; whereas in respect of Italy the price of each cate­
No 805/68 under subheadings 02.01 A II b) 2 to 4 is          gory and quality is equal to the average, weighted by
equal to the basic levy fixed for the product falling        the special weighting coefficients fixed in Annex II to
within subheading 02.01 A II b) 1 , multiplied by a          Regulation (EEC) No 610/77, of the prices recorded in
standard coefficient fixed for each of the products in       the surplus and deficit zones ; whereas the price
question ; whereas these coefficients were fixed in          recorded in the surplus zone is equal to the arithmetic
Annex II to Regulation (EEC) No 586/77 ;                      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
Whereas, for the purpose of fixing the free-at-frontier      Great Britain on the one hand and Northern Ireland
offer prices, offer prices that do not correspond to real    on the other are adjusted by the coefficient fixed in
purchasing possiblities or that relate to unrepresenta­      the abovementioned Annex II ;
tive quantities may not be taken into account ;
whereas offer prices are also excluded when the move­
ment of prices in general or the information available       Whereas prices for the different categories and quali­
gives reason to believe that they are unrepresentative        ties not obtained from prices which are 'live weight
of the true trend of prices in the country of origin ;        excluding tax', are multiplied by the live weight
                                                              conversion coefficients fixed in Annex II to the said
                                                              Regulation and, in the case of Italy, are first increased
Whereas, where the free-at-frontier offer price for           or reduced by the corrective amounts fixed in the said
frozen meat differs by less than one unit of account         Annex ;
per 100 kilograms from that previously used for the
calculation of the levy, the latter price is retained ;
                                                              Wherea if one or more Member States, for veterinary
                                                              or health reasons for example, adopt measures
Whereas pursuant to Article 12 (6) of Regulation              affecting the normal trend of prices recorded on their
(EEC) No 805/68 the price of adult bovine animals on          markets, the Commission may disregard the prices
representative Community markets is the price esta­           recorded on the market or markets in question, or use
blished on the basis of prices recorded over a period         the latest prices recorded on the market or markets in
to be determined on the representative market or              question before the entry into force of such measures ;
markets of each Member State for the various catego­
ries of adult bovine animals or of meat from such
animals, taking into account the size of each of these        Whereas in the absence of information, prices
categories and the relative size of the bovine herd of        recorded on representative Community markets are
each Member State :                                           determined mainly by reference to the most recently
                                                              recorded prices ;
Whereas the prices of adult bovine animals recorded           Whereas, for such period as the price of adult bovine
on the representative market or markets of each               animals recorded on representative Community
Member State are equal to the average, weighted by            markets differs by less than 0-20 unit of account per
the relevant coefficients, of the prices for the various       100 kilograms of live weight from the price previously
qualities of adult bovine animals or meat of such             used, the latter is retained ;
animals over a period of seven days in that Member
State at a particular wholesale marketing stage ;
whereas the representative markets, categories and            Whereas the levies must be so fixed that obligations
qualities of products and weighting coefficients are          arising from international agreements concluded by
fixed in Annex II to Commission Regulation (EEC)              the Community continue to be fulfilled.
No 610/77 of 18 March 1977 on the determination of
prices of adult bovine animals on representative              (») OJ No L 77, 25. 3 . 1977, p. 1 .
Community markets and the survey of prices of                 (2) OJ No L 132, 20 . 5. 1978 , p. 63 .
 ---pagebreak--- No L 361 /30                      Official Journal of the European Communities                          23 . 12. 78
Whereas the various cuts of frozen meat are defined             each of these currencies, recorded over a given
in Regulation (EEC) No 586/77 ;                                 period, against the Community currencies referred
                                                                to in the previous indent ;
Whereas, pursuant to Article 33 (2) of Regulation
(EEC) No 805/68, the nomenclature used in this Regu­         Whereas, having regard to the provisions of the afore­
lation is incorporated in the Common Customs                 mentioned Regulations, and in particular to the data
Tariff ;                                                     and quotations available to the Commission, the levies
                                                             on frozen beef and veal should be as set out in the
Whereas the levies are fixed before the 27th day of
each month and are applicable from the first Monday          Annex to this Regulation,
of the following month ; whereas these levies may be
altered in the period between two fixings where the
basic levy is altered, or in the case of changes in the      HAS ADOPTED THIS REGULATION :
prices recorded on Community representative
markets ;
                                                                                    Article 1
Whereas, to enable the levy system to function
normally, the following should be used to calculate          The import levies on frozen beef and veal shall be as
the levies :                                                 specified in the Annex to this Regulation.
— for currencies whose spot rates are maintained at
    any given moment within a spread of 2-25 % , a                                  Article 2
     conversion rate based on their actual par values ;
— for other currencies, a conversion rate based on           This Regulation shall enter into force on 1 January
     the arithmetic mean of the spot exchange rates of       1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 December 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 23 . 12 . 78                                Official Journal of the European Communities                                                           No L 361 /31
                                                                            ANNEX
             to the Commission Regulation of 22 December 1978 fixing the import levies on frozen
                                     beef and veal ( x) for the period beginning 1 January 1979
                                                                                                                                        (u.a./100 kg)
                                                    CCT heading No                                                             Levy
                                                                                                                         — Net weight —
             02.01     A lib) 1                                                                                            109.199
             02.01     A lib) 2                                                                                             87.359 (a)
             02.01     A lib) 3                                                                                            136-499
             02.01     All b) 4 aa)                                                                                        163-800
             02.01     A lib) 4 bb) 11                                                                                     136.499 (a)
             02.01     A lib) 4 bb) 22 (b)                                                                                 136-499 (a)
             02.01     A II b) 4 bb) 33                                                                                    187-823 (a)
             (') In accordance with Regulation (EEC) No 706/76, 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.
             (a) Where products are imported under the conditions set out in Article 14 of Council Regulation ( EEC) No 805/68 of 27 June 1968
                  and in provisions adopted for its application , the levy is totally or partially suspended in accordance with those provisions.
             (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by the competent authori­
                  ties of the European Communities .