CELEX: 31985R2981
Language: en
Date: 1985-10-26 00:00:00
Title: Commission Regulation (EEC) No 2981/85 of 25 October 1985 fixing the import levies on live cattle and on beef and veal other than frozen

No L 286/ 10                         Official Journal of the European Communities                            26 . 10 . 85
                                 COMMISSION REGULATION (EEC) No 2981 /85
                                                   of 25 October 1985
                    fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN                                  Whereas if it is found that the price of adult bovine
COMMUNITIES,                                                    animals on representative Community markets is
                                                                equal to or less than the guide price, the levy appli­
Having regard to the Treaty establishing the European           cable equals the following percentage of the basic
Economic Community,                                             levy :
Having regard to Council Regulation (EEC) No 805/68             (a) 100 % where the market price is more than or
of 27 June 1968 on the common organization of the                    equal to 98 % of the guide price ;
market in beef and veal ('), as last amended by the Act
                                                                (b) 105 % where the market price is less than 98 %
of Accession of Greece (2), and in particular Article 1 2
(8) thereof,                                                         and more than or equal to 96 % of the guide
                                                                     price ;
Having regard to the opinion of the Monetary                    (c) 110 % where the market price is less than 96 %
Committee,                                                           and more than or equal to 90 % of the guide
                                                                     price ;
Whereas under Article 9 of Regulation (EEC) No                  (d) 114 % where the market price is less than 90 % of
805/68 a levy is applicable to the products specified in             the guide price ;
Article 1 ( 1 ) (a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to
a percentage of the basic levy ;                                Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                No 805/68 the basic levy on the meat specified in
Whereas in respect of bovine animals the basic levy is          sections (a), (c) and (d) of the Annex hereto is equal to
determined on the basis of the difference between the           the basic levy determined for bovine animals, multi­
guide price and the Community free-at-frontier offer            plied by a standard coefficient fixed for each of the
price plus the amount of the customs duty ; whereas             products in question ; whereas these coefficients are
the Community free-at-frontier offer price is deter­            fixed by Commission Regulation (EEC) No 586/77 of
mined in the light of the most representative purcha­           18 March 1977 laying down rules for the application
sing possibilities, as regards quality and quantity,            of levies on beef and veal and amending Regulation
recorded over a certain period for bovine animals and           (EEC) No 950/68 on the Common Customs Tariff (3),
for the fresh or chilled meat specified in section (a) of       as last amended by Regulation (EEC) No 31 14/83 (4) ;
the Annex to the said Regulation under subheadings
02.01 A II a) 1 to 3, account being taken in particular         Whereas the guide prices for adult bovine animals to
of the position with respect to supply and demand, of           be applied from 27 May 1985 were fixed by Council
world market prices for frozen meat of a category               Regulation (EEC) No 1308/85 of 23 May 1985 (5);
which is competitive with fresh or chilled meat and of
past experience ;                                               Whereas Regulation (EEC) No 586/77 stipulates that
                                                                the basic levy is to be calculated according to the
Whereas if it is found that the price of adult bovine           method set out in its Article 3 and on the basis of all
animals on representative Community markets is                  the representative free-at-frontier offer prices of the
higher than the guide price, the levy applicable equals         Community determined for the products of each of
the following percentage of the basic levy :                    the categories and cuts specified in Article 2 and
(a) 75 % where the market price is less than or equal           established principally by reference to the prices speci­
     to 102% of the guide price ;                               fied in the customs documents accompanying
                                                                products imported from third countries or from other
(b) 50 % where the market price is more than 102 %              information concerning export prices obtaining in
     and less than or equal to 104 % of the guide               those third countries ;
     price ;
(c) 25 % where the market price is more than 104 %              Whereas, however, offer prices that do not correspond
     and less than or equal to 106 % of the guide               to real purchasing possibilities or that relate to unre­
     price ;                                                    presentative quantitities should not be taken into
(d) 0 % where the market price is more than 106 %               account ; Whereas offer prices should also be excluded
     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 .
(2) OJ No L 291 , 19. 11 . 1979, p. 17.                         0 OJ No L 137, 27. 5. 1985, p. 16.
 ---pagebreak--- 26. 10 . 85                          Official Journal of the European Communities                         No L 286/ 11
when the movement of prices in general or the infor­           of adult bovine animals or of meat from such animals,
mation available suggests that they are unrepresenta­          after taking into account the size of each of these cate­
tive of the true trend of prices in the country of             gories and the relative size of the bovine herd of each
origin ;                                                       Member State ;
Whereas in cases where for one or more categories of
bovine animals or cuts of meat a free-at-frontier offer        Whereas the prices of adult bovine animals recorded
price cannot be established, the most recent available         on the representative market or markets of each
price should be used for the calculation ;                     Member State are equal to the average, weighted by
                                                               the appropriate coefficients, of the prices for the
Whereas if the free-at-frontier offer price differs by         various qualities of adult bovine animals or meat of
less than 0,60 ECU per 100 kilograms of live weight            such animals over a period of seven days in that
from that previously used for the calculation of the           Member State at a particular wholesale marketing
levy, the latter price should be retained ;                    stage ; whereas, until 6 April 1986, the price of adult
                                                               bovine animals recorded on the representative market
Whereas pursuant to Article 10 (3) of Regulation (EEC)         or markets of the United Kingdom shall be corrected
No 805/68 a special basic levy is determined for               by the amount of the premium granted to producers
certain third countries on the basis of the difference         under Regulation (EEC) No 1311 /85 (3) ; whereas the
between the guide price and the average price                  representative markets, categories and qualities of
recorded over a certain period plus the amount of the          products and weighting coefficients are fixed in Annex
customs duty ;                                                 II to Commission Regulation (EEC) No 610/77 of 18
                                                               March 1977 on the determination of prices of adult
                                                               bovine animals on representative Community markets
Whereas Commission Regulation (EEC) No 611 /77 of              and the survey of prices of certain other cattle in the
 18 March 1977 ('), as amended by Regulation (EEC)             Community (4), as last amended by Regulation (EEC)
No 925/77 (2), provides that the special levy on                No 1511 /85 0 ;
products originating in and coming from Austria,
Sweden and Switzerland should be determined on the
basis of the weighted average of the prices of adult
bovine animals recorded on the representative markets          Whereas, for Member States with several representative
of those third countries ; whereas the weighting coeffi­        markets, the price of each category and quality is equal
cients and representative markets are specified in the          to the arithmetic mean of the prices recorded on each
Annexes to Regulation (EEC) No 611 /77 ;                        of those markets ; whereas, for representative markets
                                                                held several times in one period of seven days, the
Whereas the average price is not to be used for calcu­          price of each category and quality is equal to the arith­
                                                                metic mean of the prices recorded on each market
lating the special levy unless it is at least 1,21 ECU per
 100 kilograms of live weight more than the free-at­            day ; whereas in respect of Italy the price of each cate­
                                                               gory and quantity is equal to the average, weighted by
frontier offer price determined in accordance with
Article 10 (2) of Regulation (EEC) No 805/68 ;                  the special weighting coefficients fixed in Annex II to
                                                                Regulation (EEC) No 610/77, of the prices recorded in
                                                                the surplus and deficit zones ; whereas the price
Whereas if the average price differs by less than 0,60          recorded in the surplus zone is equal to the arithmetic
 ECU per 100 kilograms of live weight from that                 mean of the prices recorded on each of the markets
 previously used to calculate the levy, the latter may be       within that zone ; whereas in respect of the United
 retained ;                                                     Kingdom the weighted average prices of adult bovine
                                                                animals recorded on the representative markets of
Whereas in cases where one or more of the abovemen­             Great Britain on the one hand and Northern Ireland
 tioned third countries adopt, for reasons of health for        on the other are adjusted by the coefficient fixed in
 example, measures affecting the prices recorded on             the abovementioned Annex II ;
 their markets, the Commission may use the latest
 prices recorded before the entry into force of such
 measures ;
                                                                Whereas prices for the different categories and quali­
                                                                 ties not obtained from prices which are 'live weight
 Whereas pursuant to Article 1 2 (6) of Regulation (EEC)        excluding tax' are multiplied by the live weight
 No 805/68 the price of adult bovine animals on repre­          conversion coefficients fixed in Annex II to the said
 sentative Community markets is th price established             Regulation and, in the case of Italy, are first increased
 on the basis of prices recorded over a priod to be              or reduced by the corrective amounts fixed in the said
 determined on the representative market or markets of           Annex ;
 each Member State in respect of the various categories
                                                                (3) OJ No L 137, 27. 5. 1985, p. 20 .
 (') OJ No L 77, 25. 3 . 1977, p. 14.                           (<) OJ No L 77, 25. 3 . 1977, p. 1 .
 (2) OJ No L 109, 30 . 4. 1977, p. 1 .                          0 OJ No L 146, 5. 6. 1985, p. 6.
 ---pagebreak--- No L 286/ 12                           Official Journal of the European Communities                           26. 10 . 85
Whereas if one or more Member States, for veterinary             Whereas, pursuant to Article 33 (2) of Regulation
or health reasons for example, adopt measures affec­             (EEC) No 805/68, the nomenclature provided for in
ting the normal trend of prices recorded on their                this Regulation is incorporated in the Common
markets the Commission may disregard the prices                  Customs Tariff ;
recorded on the market or markets in question, or use            Whereas the levies and special levies are fixed before
the latest prices recorded on the market or markets in           the 27th day of each month and are applicable from
question before the entry into force of such measures ;          the first Monday of the following month ; whereas
Whereas, in the absence of information, prices                   these levies may be altered in the period between two
recorded on representative Community markets are                 fixings where the basic levy or special basic levy is
determined mainly by reference to the most recently              altered, or in the case of changes in the prices
recorded prices ;                                                recorded on Community representative markets ;
Whereas for such period as the price of adult bovine             Whereas, if the levy system is to operate normally,
animals recorded on representative Community                     levies should be calculated on the following basis :
markets differs by less then 0,24 ECU per 100 kilo­              — in the case of currencies which are maintained in
grams of live weight from the price previously used,                 relation to each other at any given moment within
the latter is retained ;                                             a band of 2,25 % , a rate of exchange based on
Whereas the levies should be so fixed that the obliga­               their central rate, multiplied by the coefficient
tions arising from international agreements concluded                provided for in Article 2b (2) of Council Regula­
by the Community continue to be fulfilled ; whereas,                 tion (EEC) No 974/71 (*), as last amended by Regu­
moreover, account should be taken of Council Regula­                 lation (EEC) No 855/84 0,
tion (EEC) No 314/83 of 24 January 1983 on the                   — for other currencies, an exchange rate based on th'e
conclusion of the Cooperation Agreement between the                  arithmetic mean of the spot market rates of each of
European Economic Community and the Socialist                        these currencies recorded over a given period in
Federal Republic of Yugoslavia ('), of Council Regula­               relation to the Community currencies referred to
tion (EEC) No 287/82 of 3 February 1982 establishing                 in the previous indent and the aforesaid coeffi­
the arrangements applicable to imports of products                   cient ;
originating in Yugoslavia to take account of the acces­          Whereas, having regard to the provisions of the afore­
sion of the Hellenic Republic to the Community (2),              mentioned Regulation, and in particular to the infor­
and of Council Regulation (EEC) No 3349/81 of 24
                                                                 mation and quotations known to the Commission, the
November 1981 providing for a reduction in the levy              levies on live cattle and beef and veal other than
applicable to imports into the Community of certain              frozen meat should be as set out in the Annex hereto,
beef and veal products originating in and coming from
Yugoslavia (3) ;                                                 HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 486/85 (4), last
amended by Regulation (EEC) No 2903/85 (*), lays                                          Article 1
down the arrangements applicable on agricultural                 The import levies on live cattle and beef and veal
products and certain goods resulting from the proces­            other than frozen meat shall be as set out in the
sing of agricultural products originating in the African,        Annex hereto .
Caribbean and Pacific States or in the overseas coun­
tries and territories ;                                                                   Article 2
Whereas the various cuts of beef and veal are defined            This Regulation shall enter into force on 4 November
in Regulation (EEC) No 586/77 ;                                  1985 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 October 1985.
                                                                           For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President   '
(') OJ No   L 41 , 14. 2. 1983, p. 1 .
(2) OJ No   L 30, 6. 2. 1982, p. 1 .
O   OJ No   L 339, 26. 11 . 1981 , p. 1 .
(4) OJ No   L 61 , 1 . 3. 1985, p. 4.                            (6) OJ No L 106, 12. 5 . 1971 , p. 1 .
n OT No L 279 , 19 . 10 . 1985, p. 5.                            O OI No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 26. 10 . 85                          Official Journal of the European Communities                                   No L 286/ 13
                                                            ANNEX
            to the Commission Regulation of 25 October 1985 fixing the import levies on
            live cattle and on beef and veal other than frozen (') for the period beginning
                                                      4 November 1985
                                                                                                       (ECU/100 kg)
                                                                            Austria/Sweden/
                         CCT heading No                Yugoslavia (2)          Switzerland
                                                                                              Other third countries
                                                                           — Live weight —
            01.02 A II (a)                                56,110                24,842               127,931
                                                                           — Net weight —
            02.01 A II a) 1                              106,609                47,199               243,069
            02.01 A II a) 2                               85,287                37,759               194,454
            02.01 A II a) 3                              127,931                 56,639              291,683
            02.01 A II a) 4 aa)                                                  70,799              364,603
            02.01 A II a) 4 bb)                                                  80,984              417,054
            02;06 C I a) 1                                                       70,799              364,603
            02.06 C I a) 2                                                       80,984              417,054
             1 6.02 B III b) 1 aa)                                               80,984              417,054
            (') 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).
             (a) The levy which is to be applied to young male bovine animals, intended for fattening, of a live
                  weight of 300 kg or less, imported under the conditions set out in Article 13 of Council Regula­
                  tion (EEC) No 805/68 of 27 June 1968, and in the provisions adopted for its application, is totally
                  or partially suspended in accordance with those provisions.