CELEX: 31978R1015
Language: en
Date: 1978-05-20 00:00:00
Title: Commission Regulation (EEC) No 1015/78 of 19 May 1978 fixing the import levies on live cattle and beef and veal other than frozen meat

20 . 5 . 78                             Official Journal of the European Communities                            No L 132/ 5
                                   COMMISSION REGULATION ( EEC) No 1015 /78
                                                        of 19 May 1978
                 fixing the import levies on live cattle and beef and veal other than frozen meat
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                       (a) 100 % where the market price is more than or
805/68 of 27 June 1968 on the common organization                        equal to 98 % of the guide price ;
of the market in beef and veal ( 1 ), as last amended by
Regulation (EEC) No 425/77 (2 ), and in particular                 (b) 105 % where the market price is less than 98 %
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
805/68 a levy is applicable to the products specified in           (d) 114 % where the market price is less than 90 %
Article 1 ( l)(a) of that Regulation ; whereas Article 12                of the guide price ;
fixes the amount of the levy applicable by reference to
a percentage of the basic levy ;
                                                                   Whereas pursuant to Article 10(4) of Regulation
Whereas in respect of bovine animals the basic levy is             (EEC) No 805/68 the basic levy on the meat specified
determined on the basis of the difference between the              in sections (a), (c) and (d) of the Annex thereto is equal
guide price and the Community free-at-frontier offer               to the basic levy determined for bovine animals, multi­
price plus the amount of the customs duty ; whereas                plied by a standard coefficient fixed for each of the
the Community free-at-frontier offer price is deter­               products in question ; whereas these coefficients are
mined in the light of the most representative                      fixed by Regulation ( EEC) No 586/77 (3 ) ;
purchasing possibilities, as regards quality and quan­
tity, recorded over a certain period for bovine animals
                                                                   Whereas the guide prices for adult bovine animals to
and for the fresh or chilled meat specified in                     be applied from 22 May 1978 were fixed by Council
section (a) of the Annex to the said Regulation under              Regulation (EEC) No 995/78 of 12 May 1978 (4) ;
subheadings 02.01 A II a) 1 to 3 , account being taken
in particular of the position with respect to supply
and demand , of world market prices for frozen meat                Whereas Commission Regulation ( EEC) No 586/77 of
of a category which is competitive with fresh or                    18 March 1977 laying down the rules for the applica­
chilled meat and of past experience ;                              tion of levies on beef and veal and amending Regula­
                                                                   tion (EEC) No 950 /68 on the Common Customs
Whereas if it is found that       the price of adult bovine        Tariff, stipulates that the basic levy is to be calculated
animals on representative          Community markets is            according to the method set out in its Article 3 and
higher than the guide price,      the levy applicable equals       on the basis of all the representative free-at-frontier
the following percentage of        the basic levy :                offer prices of the Community determined for the
                                                                   products of each of the categories and cuts specified
(a) 75 % where the market price is less than or equal              in Article 2 and established principally by reference to
     to 102% of the guide price ;                                  the prices specified in the customs documents accom­
^b) 50 % where the market price is more than 102 %                 panying products imported from third countries or
     and less than or equal to 104 % of the guide                  from other information concerning export prices
     price ;                                                       obtaining in those third countries ;
(c) 25 % where the market price is more than 1 04 %
     and less than or equal to 106% of the guide                   Whereas, however, offer prices that do not correspond
     price ;                                                       to real purchasing possibilities or that relate to unre­
(d) 0 % where the market price is more than 106 %                  presentative quantities should not be taken into
     of the guide price ;                                          account ; whereas offer prices should also be excluded
(') OJ No L 148 , 28 . 6 . 1968 , p . 24 .                         (3 ) OJ No L 75, 23 . 3 . 1977, p. 10 .
(2) OJ No L 61 , 5. 3 . 1977, p. 1 .                               (4) OJ No L 130, 18 . .5 . 1978 , p. 1 .
 ---pagebreak--- No L 132/ 6                            Official Journal of the European Communities                             20 . 5 . 78
when the movement of prices in general or the infor­              markets of each Member State in respect of the
mation available suggests that they are unrepresenta­             various categories of adult bovine animals or of meat
tive of the true trend of prices in the country of                from such animals, after taking into account the size
origin ;                                                          of each of these categories and the relative size of the
                                                                  bovine herd of each Member State ;
Whereas in cases where for one or more categories of
bovine animals or cuts of meat a free-at-frontier offer
price cannot be established, the most recent available            Whereas the prices of adult bovine animals recorded
price should be used for the calculation ;                        on the representative market or markets of each
                                                                  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 0-50 unit of account per 100 kilograms of
live weight from that previously listed for the calcula­          such animals over a period of seven days in that
                                                                  Member State at a particular wholesale marketing
tion of the levy, the latter price should be retained ;
                                                                  stage ; whereas the representative markets, categories
                                                                  and qualities of products and weighting coefficients
Whereas pursuant to Article 10(3) of Regulation                   are fixed in Annex II to Commission Regulation
( EEC) No 805/68 a special basic levy is determined               (EEC) No 610/77 of 18 March 1977 on the determina­
for certain third countries on the basis of the differ­
                                                                  tion of prices of adult bovine animals on representa­
ence between the guide price and the average price                tive Community markets and the survey of prices of
recorded over a certain period plus the amount of the             certain other cattle in the Community (3), as last
customs duty ;                                                    amended by Regulation (EEC) No 1029 /78 (4) ;
Whereas Commission Regulation (EEC) No 611 /77 of
 18 March 1977 ( l ), as amended by Regulation (EEC)              Whereas, for Member States with several representa­
No 925/77 (2 ), provides that the special levy on                 tive markets, the price of each category and quality is
products originating in and coming from Austria,                  equal to the arithmetic mean of the prices recorded
Sweden and Switzerland should be determined on the                on each of those markets ; whereas, for representative
basis of the weighted average of the prices of adult              markets held several times in one period of seven
bovine animals recorded on the representative markets             days, the price of each category and quality is equal to
of those third countries ; whereas the weighting coeffi­          the arithmetic mean of the prices recorded on each
cients and representative markets are specified in the            market day ; whereas in respect of Italy the price of
Annexes to Regulation ( EEC) No 611 /77 ;                         each category and quantity is equal to the average,
                                                                  weighted by the special weighting coefficients fixed in
Whereas the average price is not to be used for calcu­            Annex II to Regulation (EEC) No 610/77, of the
 lating the special levy unless it is at least one unit of        prices recorded in the surplus and deficit zones ;
account per 100 kilograms of live weight more than                whereas the price recorded in the surplus zone is
the free-at-frontier offer price determined in accor­             equal to the arithmetic mean of the prices recorded
dance with Article 10(2) of Regulation (EEC) No                   on each of the markets within that zone ; whereas in
 805/ 68 ;                                                        respect of the United Kingdom the weighted average
                                                                  prices of adult bovine animals recorded on the repre­
                                                                  sentative markets of Great Britain on the one hand
Whereas if the average price differs by less than 0 50
                                                                  and Northern Ireland on the other are adjusted by the
 unit of account per 100 kilograms of live weight from            coefficient fixed in the abovementioned Annex II ;
 that previously used to calculate the levy, the latter
 may be retained ;
                                                                  Whereas prices for the different categories and quali­
Whereas in cases where one or more of the abovemen­
                                                                  ties not obtained from prices which are 'live weight
 tioned third countries adopt, for reasons of health for          excluding tax' are multiplied by the live weight conver­
 example, measures affecting the prices recorded on               sion coefficients fixed in Annex II to the said Regula­
 their markets, the Commission may use the latest                 tion and, in the case of Italy, are first increased or
 prices recorded before the entry into force of such              reduced by the corrective amounts fixed in the said
 measures ;                                                       Annex ;
 Whereas pursuant to Article 12(6) of Regulation
(EEC) No 805/68 the price of adult bovine animals on              Whereas if one or more Member States, for veterinary
 representative Community markets is the price esta­              or health reasons for example, adopt measures
 blished on the basis of prices recorded over a period            affecting the normal trend of prices recorded on their
 to be determined on the representative market or                 markets the Commission may disregard the prices
 (') OJ No L 77, 25. 3. 1977, p. 14.                              (J) OJ No L 77, 25. 3 . 1977, p. 1 .
 (2) OJ No L 109, 30 . 4. 1977, p. 1 .                            (4) See page 63 of this Official Journal.
 ---pagebreak---    20 . 5 . 78                              Official Journal of the European Communities                        No L 132/7
   recorded on the market or markets in question, or use               fixings where the basic levy or special basic levy is
   the latest prices recorded on the market or markets in              altered, or in the case of changes in the prices
  question before the entry into force of such measures ;              recorded on Community representative markets ;
  Whereas in the absence of information , prices                       Whereas, to enable the levy system to function
  recorded on representative Community markets are                     normally, the following should be used to calculate
  determined mainly by reference to the most recently                  the levies ;
  recorded prices ;                                                   — for currencies whose spot rates are maintained at
  Whereas for such period as the price of adult bovine                     any given moment within a spread of 2-25 % , a
  animals recorded on representative Community                             conversion rate based on their actual par values ;
  markets differs by less then 0-20 unit of account per               — for other currencies , a conversion rate based on
   100 kilograms of live weight from the price previously                  the arithmetic mean of the spot exchange rates of
  used the latter is retained ;                                            each of these currencies, recorded over a given
                                                                           period , in relation to the Community currencies
  Whereas the levies should be so fixed that the obliga­                   referred to in the previous indent ;
  tions arising from international agreements concluded
  by the Community continue to be fulfilled ; whereas,                Whereas, having regard to the provisions of the afore­
  moreover, account should be taken of Regulation                      mentioned Regulations, and in particular to the data
  ( EEC) No 2170 /73 of 31 July 1973 on the conclusion                and quotations available to the Commission , the levies
  of the Trade Agreement between the European                         on adult bovine animals and beef and veal other than
  Economic Community and the Socialist Federal Repu­                  frozen meat should be as set out in the Annex to this
  blic of Yugoslavia ('), as amended by Regulation (EEC)              Regulation ,
  No 2862/77 (2 ) ;
  Whereas the various cuts of beef and veal are defined               HAS ADOPTED THIS REGULATION :
  in Regulation ( EEC) No 586/77 ;
                                                                                                Article 1
 Whereas, pursuant to Article 33 (2) of Regulation
 (EEC) No 805/68 , the nomenclature used in this Regu­                The import levies on live cattle and beef and veal
  lation is incorporated in the Common Customs                        other than frozen meat shall be as specified in the
 Tariff ;                                                             Annex to this Regulation .
 Whereas the levies and special levies are fixed before                                        Article 2
 the 27th day of each month and are applicable from
 the first Monday of the following month ; whereas                    This Regulation shall enter into force on 22 May
 these levies may be altered in the period between two                 1978 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 19 May 1978 .
                                                                                 For the Commission
                                                                                  Finn, GUNDELACH
                                                                                     Vice-President
(') OJ No L 224, 13 . 8 . 1973 , p . 1 .
( 2 ) OJ No L 330 , 23 . 12 . 1977, p . 9 .
 ---pagebreak--- No L 132/ 8                                    Official Journal of the European Communities                                                          20 . 5 . 78
                                                                            ANNEX
            to the Commission Regulation of 19 May 1978 fixing the import levies on live cattle and
                  on beef and veal other than frozen meat ( 1 ) for the period beginning 22 May 1978
                                                                                                                                       (u.a./100 kg)
                                  CCT heading No                              Austria / Sweden / Switzerland           Other third countries
                                                                                                        — Live weight —
            01.02 A II a) (a)                                                                                                 53.356
            01.02 A lib) (b)                                                              31.546                              59.633
                                                                                                         — Net weight —
            02.01 A II a) 1 aa) (a)                                                                                         101-377
            02.01 A II a) 1 bb)                                                           59.938                            113.303
            02.01 A II a) 2 aa) (a)                                                        —                                  81.101
            02.01 A II a) 2 bb)                                                           47.950                              90-643
            02.01 A II a) 3 aa) (a)                                                        —
                                                                                                                            121.652
            02.01 A II a) 3 bb)                                                           71.925                            135-964
            02.01 A II a) 4 aa)                                                           89.906                            169.956
            02.01 A II a) 4 bb)                                                          102.841                            194.405
            02.06 C I a) 1                                                                89.906                            169.956
            02.06 C I a) 2                                                               102.841                            194.405
             16.02 Bill b) 1 aa)                                                         102.841                            1 94.405
            (') 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) The levy shall be established in accordance with the provisions set out in Annex I to the Trade Agreement between the EEC and
                 the Socialist Federal Republic of Yugoslavia .
            (b) 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 Regulation ( 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 .