CELEX: 31989R3912
Language: en
Date: 1989-12-23 00:00:00
Title: Commission Regulation (EEC) No 3912/89 of 21 December 1989 fixing the import levies on live cattle and on beef and veal other than frozen

23 . 12. 89                            Official Journal of the European Communities                              No L 375/23
                                   COMMISSION REGULATION (EEC) No 3912/89
                                                   of 21 December 1989
                    fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      (c) 25 % where the market price is more than 104 % and
                                                                       less than or equal to 106 % of the guide price ;
Having regard to the Treaty establishing the European            (d) 0 % where the market price is more than 106 % of
Economic Community,                                                    the guide price ;
Having regard to the Act of Accession of Spain and                Whereas if it is found that the price of adult bovine
Portugal,                                                         animals on representative Community markets is equal to
                                                                  or less than the guide price, the levy applicable equals the
                                                                  following percentage of the basic levy :
Having regard to Regulation (EEC) No 805/68 of the
Council of 27 June 1 968 on the common organization of
the market in beef and veal ('), as last amended by Regula­       (a) 100 % where the market price is more than or equal
tion (EEC) No 571 /89 (2), and in particular Article 12 (8)            to 98 % of the guide price ;
thereof,
                                                                  (b) 105 % where the market price is less than 98 % and
                                                                       more than or equal to 96 % of the guide price ;
Having regard to the opinion of the Monetary Committee,           (c) 110 % where the market price is less than 96 % and
                                                                        more than or equal to 90 % of the guide price ;
Whereas under Article 9 of Regulation (EEC) No 805/68             (d) 114 % where the market price is less than 90 % of
a levy is applicable to the products specified in Article 1             the guide price ;
(1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percen­
tage of the basic levy ;                                          Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                   No 805/68 the basic levy on the meat specified in
                                                                   sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is            basic levy determined for bovine animals, multiplied by a
 determined on the basis of the difference between the
                                                                   standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer               question ; whereas these coefficients are fixed by
 price plus the amount of the customs duty ; whereas the           Commission Regulation (EEC) No 586/77 of 18 March
 Community free-at-frontier offer price is determined in           1977 laying down rules for the application of levies on
 the light of the most representative purchasing possibili­        beef and veal and amending Regulation (EEC) No 950/68
 ties, as regards quality and quantity, recorded over a
                                                                   on the Common Customs Tariff (3), as last amended by
 certain period for bovine animals and for the fresh or
                                                                   Regulation (EEC) No 3988/87 (4);
 chilled meat specified in section (a) of the Annex to the
 said Regulation under CN codes 0201 10 10, 0201 10 90,
 0201 20 11 and 0201 20 19, account being taken in parti­
 cular of the position with respect to supply and demand,          Whereas the guide prices for adult bovine animals to be
 of world market prices for frozen meat of a category              applied from 1 May 1989 were fixed by Council Regula­
 which is competitive with fresh or chilled meat and of            tion (EEC) No 1118/89 0 ;
 past experience ;
                                                                   Whereas Regulation (EEC) No 586/77 stipulates that the
 Whereas if it is found that the price of adult bovine             basic levy is to be calculated according to the method set
 animals on representative Community markets is higher             out in its Article 3 and on the basis of all the representa­
 than the guide price, the levy applicable equals the follo­       tive free-at-frontier offer prices of the Community deter­
 wing percentage of the basic levy :                               mined for the products of each of the categories and cuts
                                                                   specified in Article 2 and established principally by
 (a) 75 % where the market price is less than or equal to          reference to the prices specified in the customs docu­
      102 % of the guide price ;                                   ments accompanying products imported from third coun­
                                                                   tries or from other information concerning export prices
 (b) 50 % where the market price is more than 102 % and            obtaining in those third countries ;
      less than or equal to 104 % 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 376, 31 . 12. 1987, p. 31 .
  2 OJ No L 61 , 4. 3 . 1989, p. 43.                               O OJ No L 118 , 29 . 4. 1989.
 ---pagebreak--- No L 375/24                              Official Journal of the European Communities                                 23 . 12 . 89
Whereas, however, offer prices that do not correspond to           the representative market or markets of each Member
real purchasing possibilities or that relate to unrepresenta­      State in respect of the various categories of adult bovine
tive quantitities should not be taken into account ;               animals or of meat from such animals, after taking into
whereas offer prices should also be excluded when the              account the size of each of these categories and the rela
movement of prices in general or the information avai­             tive size of the bovine herd of each Member State :
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
Whereas in cases where for one or more categories of                Whereas the prices of adult bovine animals recorded on
bovine animals or cuts of meat a free-at-frontier offer            the representative market or markets of each Member
price cannot be established, the most recent available             State are equal to the average, weighted by the appropriate
price should be used for the calculation ;                         coefficients, of the prices for the various qualities of adult
                                                                   bovine animals or meat of such animals over a period of
                                                                   seven days in that Member State at a particular wholesale
Whereas if the free-at-frontier offer price differs by less        marketing stage ; whereas, the price of adult bovine
than 0,60 ECU per 100 kilograms of live weight from that           animals recorded on the representative market or markets
previously used for the calculation of the levy, the latter        of the United Kingdom shall be corrected by the amount
price should be retained ;                                         of the premium granted to producers under Regulation
                                                                   (EEC) No 1347/86 (3), as last amended by Regulation
                                                                   (EEC) No 4132/88 (4) ; whereas the representative markets,
Whereas pursuant to Article 10 (3) of Regulation (EEC)             categories and qualities of products and weighting coeffi­
No 805/68 a special basic levy is determined for certain           cients are fixed in Annex II to Commission Regulation
third countries on the basis of the difference between the         (EEC) No 610/77 of 18 March 1977 on the determination
guide price and the average price recorded over a certain           of prices of adult bovine animals on representative
period plus the amount of the customs duty ;                        Community markets and the survey of prices of certain
                                                                    other cattle in the Community           as last amended by
                                                                    Regulation (EEC) No 1646/89 (6) ;
Whereas Commission Regulation (EEC) No 611 /77 of 18
March 1977 ('), as amended by Regulation (EEC) No
925/77 (2), provides that the special levy on products origi­
nating in and coming from Austria, Sweden and Switzer­
land should be determined on the basis of the weighted              Whereas, for Member States with several representative
average of the prices of adult bovine animals recorded on           markets, the price of each category and quality is equal to
the representative markets of those third countries ;               the arithmetic mean of the prices recorded on each of
whereas the weighting coefficients and representative               those markets ; whereas, for representative markets held
markets are specified in the Annexes to Regulation (EEC)            several times in one period of seven days, the price of
No 611 /77 ;                                                        each category and quality is equal to the arithmetic mean
                                                                    of the prices recorded on each market day ; whereas in
                                                                    respect of Italy the price of each category and quantity is
Whereas the average price is not to be used for calcula­            equal to the average, weighted by the special weighting
 ting the special levy unless it is at least 1,21 ECU per 100       coefficients fixed in Annex II to Regulation {EEC) No
 kilograms of live weight more than the free-at-frontier            610/77, of the prices recorded in the surplus and deficit
offer price determined in accordance with Article 10 (2) of         zones ; whereas the price recorded in the surplus zone is
Regulation (EEC) No 805/68 ;                                        equal to the arithmetic 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
Whereas if the average price differs by less than 0,60 ECU          adult bovine animals recorded on the representative
 per 100 kilograms of live weight from that previously              markets of Great Britain on the one hand and Northern
used to calculate the levy, the latter may be retained ;            Ireland on the other are adjusted by the coefficient fixed
                                                                    in the abovementioned Annex II ;
Whereas in cases where one or more of the abovemen­
 tioned third countries adopt, for reasons of health for
 example, measures affecting the prices recorded on their
 markets, the Commission may use the latest prices                  Whereas prices for the different categories and qualities
 recorded before the entry into force of such measures ;            not obtained from prices which are 'live weight excluding
                                                                    tax' are multiplied by the live weight conversion coeffi­
                                                                    cients fixed in Annex II to the said Regulation and, in the
Whereas pursuant to Article 12 (6) of Regulation (EEC)              case of Italy, are first increased or reduced by the correc­
 No 805/68 the price of adult bovine animals on represen­           tive amounts fixed in the said Annex ;
 tative Community markets is the price established on the
 basis of prices recorded over a period to be determined on
                                                                    (3) OJ No   L 119, 8 . 5. 1986, p. 40.
                                                                    (4) OJ No   L 362, 30. 12. 1988 , p. 4.
(>) OJ No L 77, 25. 3 . 1977, p. 14.                                0   OJ No   L 77, 25. 3. 1977, p. 1 .
(2) OJ No L 109, 30. 4. 1977, p. 1 .                                («) OJ No   L 162, 13. 6. 1989, p. 22.
 ---pagebreak--- 23 . 12. 89                             Official Journal of the European Communities                              No L 375/25
Whereas if one or more Member States, for veterinary or           Whereas the levies and special levies are fixed before the
health reasons for example, adopt measures affecting the          27th day of each month and are applicable from the first
normal trend of prices recorded on their markets the              Monday of the following month ; whereas these levies
Commission may disregard the prices recorded on the               may be altered in the period between two fixings where
market or markets in question, or use the latest prices           the basic levy or special basic levy is altered, or in the case
recorded on the market or markets in question before the          of changes in the prices recorded on Community repre­
entry into force of such measures ;                               sentative markets ;
                                                                  Whereas, if the levy system is to operate normally, levies
Whereas, in the absence of information, prices recorded            should be calculated on the following basis :
on representative Community markets are determined
mainly by reference to the most recently recorded prices ;        — in the case of currencies which are maintained in rela­
                                                                        tion to each other at any given moment within a band
                                                                        of 2,25 %, a rate of exchange based on their central
                                                                        rate, multiplied by the coefficient provided for in the
Whereas for such period as the price of adult bovine                    last paragraph of Article 3 (1 ) of Council Regulation
animals recorded on representative Community markets                    (EEC) No 1676/85 (*), as last amended by Regulation
differs by less then 0,24 ECU per 100 kilograms of live                 (EEC) No 1636/87 (%
weight from the price previously used, the latter is
retained :                                                         — for other currencies, an exchange rate based on the
                                                                        arithmetic mean of the spot market rates of each of
                                                                        these currencies recorded over a given period in rela­
                                                                        tion to the Community currencies referred to in the
Whereas levies must be fixed having regard to the obliga­               previous indent and the aforesaid coefficient ;
tions arising from international agreements concluded by
the Community ; whereas account should also be taken of
 Council Regulation (EEC) No 314/83 of 24 January 1983             Whereas, having regard to the provisions of the aforemen­
on the conclusion of the Cooperation Agreement between             tioned Regulation, and in particular to the information
the European Economic Community and the Socialist                  and quotations known to the Commission, the levies on
 Federal Republic of Yugoslavia ('), and of Council Deci­          live cattle and beef and veal other than frozen meat
sion 87/605/EEC of 21 December 1987 on the conclu­                 should be as set out in the Annex hereto,
sion of the additional Protocol to the Cooperation Agree­
ment between the European Economic Community and
 the Socialist Federal Republic of Yugoslavia (^. antici­
 pating a reduction in the levy applicable on imports into
 the Community of certain products in the beef and veal
 sector originating in and coming from Yugoslavia ;
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas Council Regulation (EEC) No 486/85 (3), last
 amended by Regulation (EEC) No 3530/89 (4), lays down
 the arrangements applicable on agricultural products and
 certain goods resulting from the processing of agricultural
                                                                                              Article 1
 products originating in the African, Caribbean and Pacific
 States or in the overseas countries and territories ;
                                                                   The import levies on live cattle and beef and veal other
                                                                    than frozen meat shall be as set out in the Annex to the
 Whereas the various cuts of beef and veal are defined in           present Regulation.
 Regulation (EEC) No 586/77 ;
 Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                      Article 2
 No 805/68 , the nomenclature provided for in this Regula­
 tion is incorporated in the combined nomenclature ;
                                                                    This Regulation shall enter into force on 1 January 1990.
 (') OJ No L 41 , 14. 2. 1983, p. 1 .
 (2) OJ No L 389, 31 . 12. 1987, p. 72.
 (3) OJ No L 61 , 1 . 3. 1985, p. 4.                                O OJ No L 164, 24. 6. 1985, p. 1 .
 V) OJ No L 347, 28. 11 . 1989, p. 3.                               («) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 375/26                    Official Journal of the European Communities                        23 . 12. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 21 December 1989 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- 23 . 12. 89                             Official Journal of the European Communities                                               No L 375/27
                                                                 ANNEX
            to the Commission Regulation of 21 December 1989 fixing the import levies on
                                     live cattle and on beef and veal other than frozen (')
                                                                                                                   (ECU/100 kg)
                                                                                   Austria/Sweden/
                                CN code                     Yugoslavia (2)                                Other third countries
                                                                                      Switzerland
                                                                                 — Live weight —
                              0102 90 10                                                13,716                   123,302
                              0102 90 31                        21,632                  13,716                   123,302
                              0102 90 33                                                13,716                   123,302
                              0102 90 35                        21,632                  13,716                   123,302
                              0102 90 37                        21,632                  13,716                   123,302
                                                                                   — Net weight —
                              0201 10 10                                                26,062                   234,275
                              0201 10 90                        41,101                  26,062                   234,275
                              0201 20 21                                                26,062                   234,275
                              0201 20 29                        41,101                  26,062                   234,275
                              0201 20 31                                                20,849                   187,419
                              0201 20 39                        32,881                  20,849                   187,419
                              0201 20 51                        49,321                  31,274                   281,130
                              0201 20 59                        49,321                  31,274                   281,130
                              0201 20 90                                                39,092                   351,412
                              0201 30 00                                                44,715                   401,966
                              0206 10 95                                                44,715                   401,966
                              0210 20 10                                                39,092                   351,412
                              0210 20 90                                                44,715                   401,966
                              0210 90 41                                                44,715                   401,966
                              0210 90 90                                                44,715                   401,966
                               1602 50 10                                               44,715                   401,966
                               1602 90 61                                               44,715                   401,966
             (') 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 1368/88 (OJ No
                 L 126, 20. 5. 1988, p. 26).