CELEX: 31987R3958
Language: en
Date: 1987-12-30 00:00:00
Title: Commission Regulation (EEC) No 3958/87 of 23 December 1987 fixing the import levies on live cattle and on beef and veal other than frozen

No L 371 /24                           Official Journal of the European Communities                                 30 . 12. 87
                                   COMMISSION REGULATION (EEC) No 3958/87
                                                   of 23 December 1987
                     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
Having regard to the Act of Accession of Spain and                or less than the guide price, the levy applicable equals the
Portugal,                                                         following percentage of the basic levy :
Having regard to Council Regulation (EEC) No 805/68 of            (a) 100 % where the market price is more than or equal
27 June 1968 on the common organization of the market                  to 98 % of the guide price ;
in beef and veal ('), as last amended by Regulation (EEC)
No 3905/87 (2), and in particular Article 12 (8) thereof,         (b) 105 % where the market price is less than 98 % and
                                                                       more than or equal to 96 % of the guide price ;
Having regard to the opinion of the Monetary Committee,
                                                                  (c) 110 % where the market price is less than 96 % and
                                                                       more than or equal to 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       (d) 114 % where the market price is less than 90 % of
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the            the guide price ;
amount of the levy applicable by reference to a percen­
tage of the basic levy ;
                                                                  Whereas pursuant to Article 10 (4) of Regulation (EEC)
Whereas in respect of bovine animals the basic levy is            No 805/68 the basic levy on the meat specified in
determined on the basis of the difference between the             sections (a), (c) and (d) of the Annex hereto is equal to the
guide price and the Community free-at-frontier offer              basic levy determined for bovine animals, multiplied by a
price plus the amount of the customs duty ; whereas the           standard coefficient fixed for each of the products in
Community free-at-frontier offer price is determined in           question ; whereas these coefficients are t fixed by
the light of the most representative purchasing possibili­        Commission Regulation (EEC) No 586/77 of 18 March
ties, as regards quality and quantity, recorded over a             1977 laying down rules for the application of levies on
certain period for bovine animals and for the fresh or            beef and veal and amending Regulation (EEC) No 950/68
chilled meat specified in section (a) of the Annex to the         on the Common Customs Tariff (3), as last amended by
said Regulation under subheadings 0201 10 10,                     Regulation (EEC) No 31 1 /83 (4) ;
0201 10 90, 0201 20 11 and 0201 20 19, account being
taken in particular of the position with respect to supply
and demand, of world market prices for frozen meat of a           Whereas the guide prices for adult bovine animals to be
category which is competitive with fresh or chilled meat           applied from 6 July 1987 were fixed by Council Regula­
and of past experience ;                                           tion (EEC) No 1891 /870 ;
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 303, 5. 11 . 1983, p. 16.
 0 OJ No L 370, 30. 12. 1987.                                      0 OJ No L 182, 3. 7. 1987.
 ---pagebreak--- 30 . 12. 87                             Official Journal of the European Communities                             No L 371 /25
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 quantitities 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 3003/87 16);
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 1 0 (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 on the
basis of prices recorded over a period to be determined on
                                                                   (3) OJ No  L  119, 8 . 5. 1986, p. 40.
                                                                   (4) 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 .
0 OJ No L 109, 30 . 4. 1977, p . 1 .                               (*) OJ No  L  285, 8 . 10 . 1987, p. 11
 ---pagebreak--- No L 371 /26 "                             Official Journal of the European Communities                                  30 . 12. 87
Whereas if one or more Member States, for veterinary or              Monday of the following month ; whereas these levies
health reasons for example, adopt measures affecting the             may be altered in the period between two fixings where
normal trend of prices recorded on their markets the                 the basic levy or special basic levy is altered, or in the case
Commission may disregard the prices recorded on the                  of changes in the prices recorded on Community repre­
market or markets in question, or use the latest prices              sentative markets ;
recorded on the market or markets in question before the
entry into force of such measures ;
                                                                     Whereas Council Regulation (EEC) No 2658/87 of 23
                                                                     July 1987 on the tariff and statistical nomenclature and
                                                                     on the Common Customs Tariff            introduces, with effect
Whereas, in the absence of information, prices recorded
on representative Community markets are determined                    from 1 January 1988 , a new combined nomenclature
mainly by reference to the most recently recorded prices ;           which meets the requirements of both the Common
                                                                      customs Tariff and the Community's statistics on foreign
                                                                      trade and which replaces the existing nomenclature ;
Whereas for such period as the price of adult bovine
animals recorded on representative Community markets                  Whereas, if the levy system is to operate normally, levies
differs by less then 0,24 ECU per 100 kilograms of live               should be calculated on the following basis :
weight from the price previously used, the latter is
retained ;                                                            — 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
Whereas the levies should be so fixed that the obligations                  rate, multiplied by the coefficient provided for in the
arising from international agreements concluded by the                      last paragraph of Article 3 (1 ) of Council Regulation
Community continue to be fulfilled ; whereas, moreover,                     (EEC) No 1 676/85 Q, as last amended by Regulation
account should be taken of Council Regulation (EEC) No                      (EEC) No 1 636/87 (8),
314/83 of 24 January 1983 on the conclusion of the
Cooperation Agreement between the European Economic                   — for other currencies, an exchange rate based on the
 Community and the Socialist Federal Republic of Yugos­                     arithmetic mean of the spot market rates of each of
lavia ('), of Council Regulation (EEC) No 287/82 of 3                       these currencies recorded over a given period in rela­
 February 1982 establishing the arrangements applicable to                  tion to the Community currencies referred to in the
 imports of products originating in Yugoslavia to take                      previous indent and the aforesaid coefficient,
account of the accession of the Hellenic Republic to the
 Community (2), and of Council Regulation (EEC) No                    Whereas, having regard to the provisions of the aforemen­
3349/81 of 24 November 1981 providing for a reduction
                                                                       tioned Regulation, and in particular to the information
 in the levy applicable to imports into the Community of
 certain beef and veal products originating in and coming             and quotations known to the Commission, the levies on
                                                                       live cattle and beef and veal other than frozen meat
 from Yugoslavia (3) ;                                                 should be as set out in the Annex hereto,
Whereas Council Regulation (EEC) No 486/85 (4), last
 amended by Regulation (EEC) No 1821 /87 (*), lays down
 the arrangements applicable on agricultural products and
 certain goods resulting from the processing of agricultural           HAS ADOPTED THIS REGULATION :
 products originating in the African, Caribbean and Pacific
 States or in the overseas countries and territories :
 Whereas the various cuts of beef and veal are defined in                                         Article 1
 Regulation (EEC) No 586/77 ;
                                                                       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, pursuant to Article 33 (2) of Regulation (EEC)               present Regulation.
 No 805/68, the nomenclature provided for in this Regula­
 tion is incorporated in the combined nomenclature ;
                                                                                                  Article 2
 Whereas the levies and special levies are fixed before the
 27th day of each month and are applicable from the first
                                                                       This Regulation shall enter into force on 4 January 1988 .
 (') OJ  No  L 41 , 14. 2. 1983, p. 1 .
 0   OJ  No  L 30, 6. 2. 1982, p. 1 .
 (3) OJ  No  L 339, 26. 11 . 1981 , p. 1 .                             (6) OJ No L 256, 7. 9. 1987, p. 1 .
  4) OJ  No  L 61 , 1 . 3. 1985, p. 4.                                 f) OJ No L 164, 24. 6. 1985, p. 1 .
 0   OJ  No  L 172, 30. 6. 1987, p. 102.                                (8) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 30. 12. 87                    Official Journal of the European Communities                  '     No L 371 /27
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 23 December 1987.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President
 ---pagebreak--- No L 371 /28                             Official Journal of the European Communities                                               30. 12. 87
                                                                  ANNEX
             to the Commission Regulation of 23 December 1987 fixing the import levies on
                                      live Cattle and on beef and veal other than frozen (')
                                                                                                                     (ECU/100 kg)
                                                                                    Austria/Sweden/
                                CN code                       Yugoslavia (2)                               Other third countries
                                                                                       Switzerland
                                                                                       Live weight
             0102 90 10                                          57,560                   30,171                  131,237
             0102 90 31                                          57,560                   30,171                  131,237
             0102 90 33                                          57,560                   30,171                  131,237
             0102 90 35                                          57,560                   30,171                  131,237
             0102 90 37                                          57,560                   30,171                  131,237
                                                                                       Net weight
             0201 10 10                                         109,364                   57,325                  249,350
             0201 10 90                                         109,364                   57,325                  249,350
             0201 20 11                                         109,364                   57,325                  249,350
             0201 20 19                                         109,364                   57,325                  249,350
             0201 20 31                                          87,491                   45,860                  199,479
             0201 20 39                                          87,491                   45,860                  199,479
             0201 20 51                                         131,237                  '68,790                  299,220
             0201 20 59                                         131,237                   68,790                  299,220
             0201 20 90                                                                   85,988                  374,025
             0201 30                                                                      98,358                  427,832
             0206 10 95                                                                   98,358                  427,832
             0210 20 10                                                                   85,988                  374,025
              0210 20 90                                                                  98,358                  427,832
              0210 90 41                                                                  98,358                  427,832
              0210 90 90                                                                  98,358                  427,832
              1602 50 10                                                                  98,358                  427,832
              1602 90 61                                                                  98,358                  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 1725/80 (OJ No
                  L 170, 3 . 7. 1980, p. 4).