CELEX: 31973R3446
Language: en
Date: 1973-12-22 00:00:00
Title: Regulation (EEC) No 3446/73 of the Commission of 21 December 1973 fixing the import levies on frozen beef and veal

No L 353 / 16                                Official Journal of the European Communities                              22 . 12 . 73
                                  REGULATION (EEC) No 3446/73 OF THE COMMISSION
                                                           of 21 December 1973
                                              fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN                                            2260/73 (5) of 17 August 1973 determining the bases
COMMUNITIES ,                                                             for calculating the levy on certain kinds of frozen
                                                                          beef and veal ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                                 Whereas Article 4 of Regulation ( EEC ) No 990/68
                                                                          provides that the most favourable purchasing oppor­
Having regard to Council Regulation (EEC ) No 805 /                       tunities among those which are most representative
68 (*) of 27 June 1968 on the common organization                         as regards quality and quantity as mentioned in
of the market in beef and veal, as last amended by                        Article 13 (2) (b ) of Regulation (EEC) No 805 /68
Regulation (EEC) No 187/73 (2), and in particular                         should be determined in the first place with refer­
Article 13 ( 6) thereof ;                                                 ence to free-at-Community-frontier offers or, where
                                                                          such offers are not sufficiently representative of the
Having regard to the Opinion of the Monetary                              market situation, world market offers delivered free­
Committee ;                                                               at-Community-frontier for each of the products
                                                                          listed in Section (c) of the Annex to Regulation
Whereas Article 13 ( 1 ) of Regulation (EEC) No
                                                                          ( EEC ) No 805 /68 ; whereas, for products other than
805 /68 provides for charging a levy on imports of
the frozen meat listed in Section ( c) of the Annex to                    those covered by the first subparagraph of Article
that Regulation ; whereas the levy on products                            13 (2) of that Regulation , the offer price is
falling within subheading No 02.01 A II a) 2 aa) is                       converted into a price relating to the products
equal to the difference between :                                         covered by that subparagraph by means of the coef­
                                                                          ficients referred to in Article 13 (3 ) of that Regula­
— the guide price for the corresponding product                            tion ; whereas those coefficients were fixed in
     multiplied by a coefficient expressing the ratio                     Annex I to Regulation ( EEC ) No 2260/73 ;
     existing in the Community between the price for
    fresh meat of a quality competitive with the
    frozen meat in question , presented in the same                       Whereas Article 2 of Regulation ( EEC ) No 2260/73
    form, and the average price for adult bovine                          provides that the Commission, when determining
     animals, and                                                         the world market price referred to in Article 13 (2)
                                                                          (b) of Regulation (EEC) No 805/68 must disregard
— the price on the world market for frozen meat,                          offer prices which do not correspond to real
    based on the most favourable purchasing oppor­                        purchasing opportunities or which relate to small
    tunities among those which are most representa­                       unrepresentative quantities or to qualities which
    tive, as regards quality and quantity, of the devel­                  differ appreciably from those of the majority of the
    opment of this market, plus customs duty and a                        products entering world trade ; whereas offer prices
    standard amount representing the specific costs                       which the Commission believes , in view of general
     incurred in importing frozen meat ;                                  price movements or information available to it, not
Whereas Article 1 of Council Regulation (EEC) No
                                                                          to be representative of real price trends in the
                                                                          country of origin must also be disregarded ;
990/68 (3) of 1*5 July 1968 on general rules for
fixing the levy on certain kinds of frozen beef and
veal provides that the guide price for the corres­                        Whereas offers on the world market are converted
ponding product is the guide price for adult bovine                       into free-at-Community-frontier offers by taking
animals ; whereas this guide price was fixed by                           into account the normal transport and insurance
Council Regulation ( EEC) No 1192/73 (4) of 8 May                         costs of which the Commission has knowledge ;
1973 ;
                                                                          Whereas the standard amount referred to in Article
Whereas the abovementioned coefficient, calculated                        13 (2) (b ) of Regulation (EEC) No 805 /68 is fixed
in accordance with the rules contained in Article 13                       at 5-5 units of account per 100 kg ;
(2) of Regulation (EEC) No 805/68 was fixed at
1-53     by     Commission            Regulation       ( EEC)   No
                                                                          Whereas, as long as the world market price for
                                                                          frozen meat differs by less that 1 unit of account
(*) OJ   No  L  148 , 28 . 6. 1968, p. 24 .
(») OJ   No  L. 25 , 30 . 1 . 1973 , p. 23 .
(*) OJ   No  L   169, 18 . 7. 1968, p. 12 .
(«) OJ   No  L   122 , 9 . 5 . 1973 , p. 6 .                              (5) OJ No L 233 , 21 . 8 . 1973 , p. 10 .
 ---pagebreak---  22 . 12 . 73                         Official Journal of the European Communities                          No L 353 / 17
 per 100 kg from the world market price previously               Whereas, if the levy system is to operate normally,
 used , the latter price is maintained ;                         levies should be calculated on the following basis :
                                                                 — in the case of currencies which are maintained in
 Whereas Article 13 ( 3 ) of Regulation ( EEC ) No 805 /             relation to each other, at any given moment,
 68 provides that, for the frozen meat listed in                     within a band of 2-25 °/o, a rate of exchange
Section ( c) of the Annex to that Regulation under                   based on their effective parity ;
 subheadings Nos 02.01 A II a ) 2 bb ), 02.01 A II a ) 2         — for other currencies an exchange rate based on
 cc) and 02.01 A II a ) 2 dd), the levy is equal to the              the arithmetic mean of the spot market rates of
 levy on the product in the same Section under                       each of these currencies recorded for a given
 subheading No 02.01 A II a) 2 aa ) multiplied by the                period, in relation to the Community currencies
 fixed coefficient for each of the products in ques­                 referred to in the previous subparagraph ;
 tion ; whereas this coefficient was fixed in
Annex I to Regulation ( EEC) No 2260/73 ; whereas                Whereas it follows from applying the provisions of
that Regulation also defines the requirements to be              the abovementioned Regulations to the quotations
 met by certain products for which the levy is fixed             and other information known to the Commission
 by means of these coefficients ;                                that the levies on frozen meat should 'be fixed as
                                                                 shown in the Annex to this Regulation,
Whereas Article 13 (4) of Regulation ( EEC ) No 805 /
68 provides that, where free quotations on the                   HAS ADOPTED THIS REGULATION :
world market are not a determining factor for the
offer price and where that price is lower than these                                     Article 1
quotations, a special price calculated on the basis
of the offer price is substituted, solely in respect of          The levies referred to in Article 13 of Regulation
the imports in question, for the world market price              ( EEC) No 805/68 are fixed as shown in the Annex
for frozen meat referred to in paragraph 2 of that               to this Regulation .
Article ;
                                                                                         Article 2
Whereas, subject to the foregoing, the levy referred             To be classified as products falling within :
to in Article 13 ( 1 ) of Regulation ( EEC ) No 805 /68         — subheading No 02.01 A II a) 2 aa),
is fixed before the 25th day of each month and is
applicable from the first Monday of the following               — subheading No 02.01 A II a) 2 bb) and cc),
month ; whereas, however, the levy is altered in the            — subheading No 02.01 A II a) 2 dd) and 22 bbb).
intervening period if there is considerable fluctu­
ation in the world market price for frozen meat ;               Products must correspond to the definition for the
                                                                 product in question contained in Regulation (EEC)
                                                                 No 2260 / 73 .
Whereas, in accordance with Article 20 ( 1 ) of Regu­                                    Article 3
lation ( EEC ) No 805 /68 , the nomenclature provided
for in this Regulation is incorporated in the                   This Regulation shall enter into force on 7 January
Common Customs Tariff ;                                          1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 December 1973 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- No L 353 / 18                               Official Journal of the European Communities                                             22 . 12 . 73
                                                                        ANNEX
                               Levies applicable from 7 January 1974 to imports from third countries (*)
                     CCT                                                                                                Levy in
                   heading                                        Description of goods                               u. a. / 100 kg
                       No                                                                                            net weight
              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 :
                               A. Meat :
                                    II . Of bovine animals :
                                         a) Of domestic bovine animals :
                                            2 . Frozen :
                                                aa) Carcases, half-carcases or ' compensated' quarters                       0
                                                bb) Forequarters                                                             0 (a)
                                                cc) Hindquarters                                                             0
                                                dd ) Other :
                                                     11 . Unboned ( bone-in )                                                0
                                                     22 . Boned or boneless :
                                                          aaa ) Forequarters, whole or cut into a maxi­
                                                                 mum of five pieces, each quarter being in
                                                                a single block ; ' compensated' quarters in
                                                                 two blocks, one of which contains the
                                                                 forequarter, whole or cut into a maximum
                                                                 of five pieces, and the other, the hind­
                                                                 quarter, excluding the tenderloin , in one
                                                                 piece                                                       0 ( a)
                                                          bbb ) Crop , chuck and blade and brisket cuts ( b )                0 (a) *
                                                          ccc ) Other                                                        0 (a)
              (') Regulation (EEC) No 521 /70 provides that the levies are not applied to imports into the French overseas
                    departments of products originating in the AASM and CCT .
              ( a) Where these products are imported under the conditions set out in Article 14 of Council Regulation (EEC )
                    No 805/68 of 27 June 1968 and in the provisions adopted for its application , the levy is totally or partially
                     suspended in accordance with these provisions .
               ( b ) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by
                      the competent authorities of the European Communities .