CELEX: 31978R1016
Language: en
Date: 1978-05-20 00:00:00
Title: Commission Regulation (EEC) No 1016/78 of 19 May 1978 fixing the import levies on frozen beef and veal

20 . 5 . 78                             Official Journal of the European Communities                                No L 132/ 9
                                  COMMISSION REGULATION ( EEC) No 1016/78
                                                        of 19 May 1978
                                   fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN                                     Whereas, if it is found that       the price of adult bovine
COMMUNITIES,                                                       animals on representative           Community markets is
                                                                   higher than the guide price,       the levy applicable equals
                                                                   the following percentage of         the basic levy :
Having regard to the Treaty establishing the European
Economic Community,
                                                                   (a) 75 % where the market price is less than or equal
                                                                        to 102 % of the guide price ;
Having regard to Council Regulation (EEC) No
805/68 of 27 June 1968 on the common organization                  (b) 50 % where the market price is more than 102 %
of the market in beef and veal ('), as last amended by                  and less than or equal to 104% of the guide
Regulation (EEC) No 425/77 (2 ), and in particular                       price ;
Article 12 (8) thereof,
                                                                   (c) 25 % where the market price is more than 104 %
Having regard to the opinion of the Monetary
                                                                         and less than 106 % of the guide price ;
Committee ,
                                                                   (d) 0 % where the market price is more than 106 %
                                                                         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 ( 1-) (a) of that Regulation whereas Article 12          Whereas, if it is found that the price of adult bovine
fixes the amount of the levy applicable by reference to            animals on representative Community markets is
a percentage of the basic levy ;                                   equal to or less than the guide price , the levy appli­
                                                                   cable equals the following percentage of the basic
                                                                   levy :
Whereas, in respect of the types of frozen meat listed
in section (b) of the Annex to the said Regulation
under subheading 02.01 A II b) 1 , the basic levy is               (a) 100 % where the market price is more than or
determined by reference to the difference between :                      equal to 98 % of the guide price ;
— the guide price multiplied by a coefficient repre­               (b) 105 % where the market price is less than 98 %
     senting the ratio existing in the Community                         and more than or equal to 96 % of the guide
     between the price of fresh meat of a category                       price ;
     competitive with the frozen meat in question ,
     presented in the same form , and the average price            (c) 110 % where the market price is less than 96%
     of adult bovine animals , and                                       and more than or equal to 90 % of the guide
                                                                         price ;
— the Community free-at-frontier offer price for
     frozen meat, plus the amount of the customs duty              (d) 114% where the market price is less than 90 %
     and a standard amount representing the specific                     of the guide price ;
     costs of the import operations ;
                                                                   Whereas the guide prices for adult bovine animals to
Whereas, by Commission Regulation (EEC) No                         be applied from 22 May 1978 have been fixed by
586/77 of 18 March 1977 laying down rules for the                  Council Regulation ( EEC) No 995/78 of 12 May
application of the levies on beef and veal and
                                                                    1978 (4) ;
amending Regulation ( EEC) No 950/ 68 on the
Common Customs Tariff (3 ), the abovementioned coef­
ficient, calculated in accordance with the rules laid
down in Article 1 1 (2) (a) of Regulation ( EEC) No                Whereas the Community free-at-frontier offer price
805/ 68 , has been fixed at 1 - 69 units of account and            for frozen meat is determined by reference to the
the standard amount referred to in Article 1 1 (2) (b) of          world market price based on the most representative
the said Regulation has been fixed at 5 5 units of                 purchasing possibilities, as regards quality and quan­
account ;                                                          tity, recorded over a certain period preceding the
                                                                   fixing of the basic levy, taking into account in parti­
                                                                   cular :
(') OJ No L 148 , 28 . 6. 1968 , p. 24.
(-) OJ No L 61 , 5. 3 . 1977, p. 1 .
(3 ) OJ No L 75, 23 . 3 . 1977, p. 10 .                            (4 ) OJ No L 130 , 18 . 5 . 1978 , p. 1 .
 ---pagebreak--- No L 132/ 10                        Official Journal of the European Communities                              20 . 5 . 78
— foreseeable developments on the market in frozen             certain other cattle in the Community ('), as last
     meat ,                                                    amended by Regulation (EEC) No 1029/78 (2) ;
— the most representative prices on third country
     markets for fresh and chilled meat of a category          Whereas, for Member States with several representa­
     which is competitive with frozen meat,                    tive markets, the price of each category and quality is
                                                               equal to the arithmetic mean of the prices recorded
— past experience ;                                            on each of those markets ; for representative markets
                                                               held several times in one period of seven days, the
                                                               price of each category and quality is equal to the arith­
Whereas the basic levy on the types of frozen meat             metic mean of the prices recorded on each market
listed in section (b) of the Annex to Regulation (EEC)         day ; whereas in respect of Italy the price of each cate­
No 805/68 under subheadings 02.01 A II b) 2 to 4 is           gory and quality is equal to the average, weighted by
equal to the basic levy fixed for the product falling          the special weighting coefficients fixed in Annex II to
within subheading 02.01 A II b) 1 , multiplied by a            Regulation (EEC) No 610/77, of the prices recorded in
standard coefficient fixed for each of the products in         the surplus and deficit zones ; whereas the price
question ; whereas these coefficients were fixed in            recorded in the surplus zone is equal to the arithmetic
Annex II to Regulation ( EEC) No 586/77 ;                      mean of the prices recorded on each of the markets
                                                               within that zone ; whereas in respect of the United
                                                               Kingdom the weighted average prices of adult bovine
Whereas, for the purpose of fixing the free-at-frontier        animals recorded on the representative markets of
                                                               Great Britain on the one hand and Northern Ireland
offer prices, offer prices that do not correspond to real
purchasing possiblities or that relate to unrepresenta­        on the other are adjusted by the coefficient fixed in
                                                               the abovementioned Annex II ;
tive quantities may not be taken into account ;
whereas offer prices are also excluded when the move­
ment of prices in general or the information available        Whereas prices for the different categories and quali­
gives reason to believe that they are unrepresentative         ties not obtained from prices which are 'live weight
of the true trend of prices in the country of origin ;         excluding tax', are multiplied by the live weight
                                                               conversion coefficients fixed in Annex II to the said
                                                               Regulation and, in the case of Italy, are first increased
Whereas, where the free-at-frontier offer price for            or reduced by the corrective amounts fixed in the said
frozen meat differs by less than one unit of account          Annex ;
per 100 kilograms from that previously used for the
calculation of the levy, the latter price is retained ;
                                                               Wherea if one or more Member States, for veterinary
                                                               or health reasons for example, adopt measures
Whereas pursuant to Article 12 (6) of Regulation               affecting the normal trend of prices recorded on their
(EEC) No 805/68 the price of adult bovine animals on           markets, the Commission may disregard the prices
representative Community markets is the price esta­            recorded on the market or markets in question, or use
blished on the basis of prices recorded over a period          the latest prices recorded on the market or markets in
to be determined on the representative market or              question before the entry into force of such measures ;
markets of each Member State for the various catego­
ries of adult bovine animals or of meat from such
animals, taking into account the size of each of these        Whereas in the absence of information, prices
categories and the relative size of the bovine herd of         recorded on representative Community markets are
each Member State ;                                            determined mainly by reference to the most recently
                                                               recorded prices ;
Whereas the prices of adult bovine animals recorded           Whereas, for such period as the price of adult bovine
on the representative market or markets of each               animals recorded on representative Community
Member State are equal to the average, weighted by            markets differs by less than 0-20 unit of account per
the relevant coefficients, of the prices for the various       100 kilograms of live weight from the price previously
qualities of adult bovine animals or meat of such             used, the latter is retained ;
animals over a period of seven days in that Member
State at a particular wholesale marketing stage ;
whereas the representative markets, categories and            Whereas the levies must be so fixed that obligations
qualities of products and weighting coefficients are          arising from international agreements concluded by
fixed in Annex II to Commission Regulation (EEC)              the Community continue to be fulfilled.
No 610/77 of 18 March 1977 on the determination of
prices of adult bovine animals on representative              (>) OJ No L 77, 25 . 3 . 1977, p. 1 .
Community markets and the survey of prices of                 (2 ) See page 63 of this Official Journal .
 ---pagebreak--- 20 . 5 . 78                        Official Journal of the European Communities                       No L 132/ 11
Whereas the various cuts of frozen meat are defined               each of these currencies, recorded over a given
in Regulation ( EEC) No 586/77 ;                                  period, against the Community currencies referred
                                                                  to in the previous indent ;
Whereas, pursuant to Article 33 (2) of Regulation
( EEC) No 805/ 68 , the nomenclature used in this Regu­       Whereas, having regard to the provisions of the afore­
lation is incorporated in the Common Customs                  mentioned Regulations, and in particular to the data
Tariff ;                                                      and quotations available to the Commission , the levies
                                                              on frozen beef and veal should be as set out in the
Whereas the levies are fixed before the 27th day of
each month and are applicable from the first Monday           Annex to this Regulation ,
of the following month ; whereas these levies may be
altered in the period between two fixings where the
basic levy is altered, or in the case of changes in the       HAS ADOPTED THIS REGULATION :
prices recorded on Community representative
markets ;
                                                                                      Article 1
Whereas, to enable the levy system to function
normally, the following should be used to calculate          The import levies on frozen beef and veal shall be as
the levies :                                                  specified in the Annex to this Regulation .
— for currencies whose spot rates are maintained at
     any given moment within a spread of 2-25 % , a                                   Article 2
     conversion rate based on their actual par values ;
— for other currencies , a conversion rate based on          This Regulation shall enter into force on 22 May
     the arithmetic mean of the spot exchange rates of        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
 ---pagebreak--- No L 132/ 12                                Official Journal of the European Communities                                                            20 . 5 . 78
                                                                          ANNEX
            to the Commission Regulation of 19 May 1978 fixing the import levies on frozen beef and
                                              veal (') for the period beginning 22 May 1978
                                                                                                                                      (u.a./100 kv)
                                                    CCT heading No                                                           Levy
                                                                                                                        — Net weight —
           02.01 A II b) 1                                                                                                 126.983
           02.01 A lib) 2                                                                                                  101.587 (a)
            02.01 A lib) 3                                                                                                 158.729
           02.01 All b) 4 aa)                                                                                              190.476
           02.01 A II b) 4 bb) 11                                                                                          158.729 (a)
           02.01 A lib) 4 bb) 22            (b)                                                                            158-729 (a)
           02.01 A II b) 4 bb) 33                                                                                          218.411 (a)
           (') In accordance with Regulation ( EEC) No 706/ 76, levies are not applied to imports into the French overseas departments of products
               originating in the African , Caribbean and Pacific States or in the overseas countries and territories .
           (a) Where products are imported under the conditions set out in Article 14 of Council Regulation ( EEC) No 805/ 68 of 27 June 1968
               and in provisions adopted for its application , the levy is totally or partially suspended in accordance with those provisions .
           (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by the competent authori­
               ties of the European Communities.