CELEX: 31976R1597
Language: en
Date: 1976-07-02 00:00:00
Title: Commission Regulation (EEC) No 1597/76 of 1 July 1976 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

2. 7. 76                              Official Journal of the European Communities                           No L 177/ 11
                                  COMMISSION REGULATION (EEC) No 1597/76
                                                       of 1 July 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 (J), 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
       102 % 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
                                                                  purpose of calculating the levies valid from the
      found that the price of the product in question on
                                                                  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 1 04 % of the guide price but does not
                                                                  day ;
      exceed 1 06 % 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 1 973 (6), as amended by Regulation (EEC)
       Community is more than 1 06 % of the guide
       price ;                                                    (3) OJ   No L 67, 15.  3. 1976, p. 4.
                                                                  (4) OJ   No L 26, 31 . 1. 1973, p. 16.
 (1 ) 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 .                            (6) OJ   No L 219, 7.  8. 1973, p. 15.
 ---pagebreak--- No L 177/ 12                        Official Journal of the European Communities                                2. 7. 76
No 1 261 /75 (1), provides for the fixing of the special      Whereas the prices of calves and adult bovine animals
import price referred to in Article 10 ( 1 ) (a) of Regula­   so established on the market or markets of each of the
tion (EEC) No 805/68 for adult bovine animals origi­          new Member States must be increased by the basic
nating in and coming from Austria, Sweden and Swit­           compensatory amount provided for in Article 1 ( 1 ) of
zerland on the basis of quotations on representative           Council Regulation (EEC) No 181 /73 of 23 January
markets in these third countries ;                             1973 laying down general rules for the system of
                                                              compensatory amounts for beef and veal (4) ;
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
                                                               average of the prices recorded on the representative
Whereas, if the import price differs by less than 0-50         markets in Great Britain and in Northern Ireland are
unit of account per 100 kg live weight from the                to be multiplied by the coefficient fixed in the said
import price previously used to calculate the levy, the        Annex II ;
latter price must be maintained ;
Whereas Article 10 (5) of Regulation (EEC) No 805/68           Whereas, where these quotations do not relate to 'live
provides that the price recorded on the representative         weight excluding tax' prices, the quotations for the
markets of the Community is derived from the prices            different qualities are to be corrected by the live­
recorded on the representative market or markets of            weight conversion coefficients laid down in Annex II
each Member State for the various qualities — of               to that Regulation and, in respect of Italy and the
calves, adult bovine animals or the meat of these              United Kingdom, are first increased or reduced by the
animals, as the case may be — after taking into                corrective amounts laid down in that Annex ; whereas
account the relative quantity of each of such qualities        for Ireland the price per calf recorded on the represen­
and the relative magnitude of the bovine stock of each         tative market is to be increased by the corrective
Member State :                                                 amount fixed in that Annex and subsequently
                                                               converted back into live weight per unit of weight by
                                                               applying the corrective coefficient fixed in that
                                                               Annex ;
Whereas the prices for calves and adult bovine
animals, recorded on the representative market or
 markets of each Member State, is equal to the average,
weighted by coefficients, of the prices for the qualities      Whereas,     if  one    or  more      Member  States  take
of calves, adult bovine animals and meat of these              measures, such as health protection measures, which
animals formed during a period of seven days in that           affect the normal development of quotations recorded
Member State at a standard wholesale stage ; whereas           on their markets, the Commission may either disre­
 the representative markets, the qualities of the              gard the quotations recorded on the market or
 products and the weightings were fixed in Annex II to         markets in question or use the last quotations
 Commission Regulation (EEC) No 320/73 of 31                   recorded on the market or markets in question before
January 1973 on the determination of the prices for            those measures were put into effect ;
 calves and adult bovine animals on the representative
 markets of the Community (2), as last amended by
 Regulation (EEC) No 1351 /76 (3) ;
                                                               Whereas, where information is not available, the quota­
(') OJ No L 126, 17. 5. 1975, p. 18 .                           tions recorded on representative Community markets
(2) OJ No L 36, 8 . 2. 1973, p. 13.
(3) OJ No L 153, 12. 6. 1976, p. 29.                           (4) OJ No L 25, 30 . 1 . 1973, p. 9 .
 ---pagebreak--- 2. 7. 76                                Official journal of the European Communities                          No L 177/ 13
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
                                                                   11 00/74 (3) of 3 May 1974 ;
Whereas, for as long as the price recorded for calves
and adult bovine animals on the representative
                                                                  Whereas, in accordance with Article 33 (2) of Regula­
Community markets differs by less than 0-20 unit of
                                                                   tion (EEC) No 805/68 , the nomenclature provided for
account per 100 kg live weight from the price previ­               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
animals, a levy is also to be charged on imports of the                  in the previous subparagraph ;
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 ;           *
 Whereas the standard coefficients referred to above                                         Article 1
 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 (J ) ; 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
 cients ;                                                                                    Article 2
                                                                    To be classified as products falling within subheadings
 Whereas levies must be fixed with due regard for obli­             02.01 A II a) 1 aa) and 02.01 A II a) 1 bb), products
 gations arising out of international agreements                    must correspond to the definitions contained in
 concluded by the Community ; whereas Regulation                    Article 2 of Regulation ( EEC) No 2249/73 .
 (EEC) No 2170/73 of 31 July 1973 on the conclusion
 of the Trade Agreement between the European
 Economic Community and the Socialist Federal Repu­                                          Article 3
 blic of Yugoslavia should also be taken into
 account (2) ;
                                                                    This Regulation shall enter into force on 5 July 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--- No L 177/ 14                  Official Journal of the European Communities                        2. 7. 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 1 July 1976.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak--- 2. 7. 76                        Official Journal of the European Communities                               No L 177/ 15
                                                         ANNEX
                    Levies applicable from 5 July 1976 to imports from third countries (1)
                                                                                                             (in u.a. / 100 ke)
      CCT                                                                                    Austria
                                                                                                               Other third
    heading                                 Description of goods                             Sweden
                                                                                                                countries
       No                                                                                  Switzerland
                                                                                                     Live weight
01.02       Live animals of the bovine species :
            A. Domestic species :
                II. Other :
                    a) Calves                                                                 44.740 (a )        46.240 (a)
                    b ) Other :
                        1 . Not yet having any permanent teeth, of a weight of
                            not less than 330 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 (b)                                46.240
                        2 . Other                                                             44.740 ( a )       46.240 ( a)
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 :                                Net weight
            A. Meat :
                II. Of bovine animals :
                     a) Of domestic bovine animals :
                        1 . Fresh or chilled :
                            aa) Of calves :
                                11 . Carcases and half-carcases                               85-006             87.856
                                22.  Separated or unseparated forequarters                 1  68.005        -    70.285
                                33 . Separated or unseparated hindquarters                   102.007            105.427
                            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 (b)                               87.856
                                     bbb) Other                                                85.006            87.856
                                 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 (b )                                                70.285
                                      bbb) Other                                              68.005             70.285
 ---pagebreak--- No L 177/ 16                               Official Journal of the European Communities                                                     2. 7. 76
                                                                                                                                        (in u.s.1100 kg)
       CCT                                                                                                               Austria
                                                                                                                                         Other third
      heading                                          Description of goods                                              Sweden
                                                                                                                                           countries
        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 (b )                                                                         105.427
                                                  bbb) Other                                                             102.007           105.427
                                        cc) Other cuts of veal and beef :
                                             11 . Unboned (bone-in)                                                      127.509           131.784
                                            22. Boned or boneless                                                        145.852           150.742
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)                                                               127.509           131.784
                                    2. Boned or boneless                                                                 145.852           150.742
(') In accordance with Regulation (EEC) No 706/76, which provides that the 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 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 applicable is either refunded or not collected in accordance with those provisions .
(b) Entry under this subheading Ts subject to the production of the certificate referred to in paragraph 2 (c) of Annex I to the trade agreement
    between the EEC and the Socialist Federal Republic of Yugoslavia .