CELEX: 31989R1165
Language: en
Date: 1989-04-29 00:00:00
Title: Commission Regulation (EEC) No 1165/89 of 28 April 1989 fixing the import levies on live cattle and on beef and veal other than frozen

29. 4. 89                            Official Journal of the European Communities                             No L 121 / 11
                                  COMMISSION REGULATION (EEC) No 1165/89
                                                    of 28 April 1989
                    fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                    (d) 0 % where the market price is more than 106 % of
                                                                    the guide price ;
Having regard to the Treaty establishing the European
Economic Community,
                                                               Whereas if it is found that the price of adult bovine
                                                               animals on representative Community markets is equal to
Having regard to the Act of Accession of Spain and             or less than the guide price, the levy applicable equals the
Portugal,                                                      following percentage of the basic levy :
Having regard to Council Regulation (EEC) No 805/68 of         (a) 100 % where the market price is more than or equal
27 June 1968 on the common organization of the market               to 98 % of the guide price ;
in beef and veal (l), as last amended by Regulation (EEC)
No 571 /89 (2), and in particular Article 12 (8) 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
a levy is applicable to the products specified in Article 1    (d) 114 % where the market price is less than 90 % of
(1 ) (a) of that Regulation ; whereas Article 12 fixes the          the guide price ;
amount of the levy applicable by reference to a percen­
tage of the basic levy ;
                                                               Whereas pursuant to Article 10 (4) of Regulation (EEC)
Whereas in respect of bovine animals the basic levy is         No 805/68 the basic levy on the meat specified in
determined on the basis of the difference between the          sections (a), -(c) and (d) of the Annex hereto is equal to the
guide price and the Community free-at-frontier offer           basic levy determined for bovine animals, multiplied by a
price plus the amount of the customs duty ; whereas the        standard coefficient fixed for each of the products in
Community free-at-frontier offer price is determined in        question ; whereas these coefficients are fixed by
the light of the most representative purchasing possibili­     Commission Regulation (EEC) No 586/77 of 18 March
ties, as regards quality and quantity, recorded over a          1977 laying down rules for the application of levies on
certain period for bovine animals and for the fresh or         beef and veal and amending Regulation (EEC) No 950/68
chilled meat specified in section (a) of the Annex to the      on the Common Customs Tariff (3), as last amended by
said Regulation under CN codes 0201 10 10, 0201 10 90,         Regulation (EEC) No 3988/87 (4) ;
0201 20 11 and 0201 20 19, account being taken in parti­
cular of the position with respect to supply and demand,
of world market prices for frozen meat of a category
which is competitive with fresh or chilled meat and of         Whereas the guide prices for adult bovine animals to be
past experience ;                                              applied from 1 May 1989 were fixed by Council Regula­
                                                               tion (EEC) No 1118/89 0 ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is higher
than the guide price, the levy applicable equals the follo­    Whereas Regulation (EEC) No 586/77 stipulates that the
wing percentage of the basic levy :                            basic levy is to be calculated according to the method set
                                                               out in its Article 3 and on the basis of all the representa­
                                                               tive free-at-frontier offer prices of the Community deter­
(a) 75 % where the market price is less than or equal to       mined for the products of each of the categories and cuts
     102 % of the guide price ;                                specified in Article 2 and established principally by
(b) 50 % where the market price is more than 102 % and         reference to the prices specified in the customs docu­
     less than or equal to 104% of the guide price ;           ments accompanying products imported from third coun­
                                                               tries or from other information concerning export prices
(c) 25 % where the market price is more than 104 % and         obtaining in those third countries ;
     less than or equal to 106 % 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 .
0 OJ No L 61 , 4. 3. 1989, p. 43.                              0 OJ No L 118, 29. 4. 1989.
                                                 «
 ---pagebreak--- No L 121 / 12                           Official Journal of the European Communities                                   29 . 4. 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 1 547/88 (6);
Whereas Cpmmission 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 .
                                                                  0    OJ No  L  362, 30. 12. 1988,    p. 4.
(') OJ No L 77, 25 . 3. 1977, p . 14.                             O    OJ No  L  77, 25. 3. 1977, p.    1.
0 OJ No L 109, 30. 4. 1977, p. 1 .                                f    OJ No  L  139, 4. 6. 1988 , p.  22.
 ---pagebreak--- 29 . 4. 89                                Official Journal of the European Communities                              No L 121 / 13
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 1 636/87 (6),
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 (2), 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 967/89 (<), 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 May 1989.
(>) 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.                              0 OJ No L 164, 24. 6. 1985, p. 1 .
(4) OJ  No  L 103, 15. 4. 1989, p. 1 .                              O OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 121 / 14                    Official Journal of the European Communities                        29. 4 . 89
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 April 1989.
                                                                     For the Commission
                                                                      Ray MAC SHARRY
                                                                 Member of the Commission
 ---pagebreak--- 29 . 4. 89                              Official Journal of the European Communities                                             No L 121 / 15
                                                                ANNEX
           to the Commission Regulation of 28 April 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)           Switzerland
                                                                                                         Other third countries
                                                                                — Live weight —
                             0102 9010                                                 17,896                   128,592
                             0102 90 31                        22,560                  17,896                   128,592
                             0102 9033                                                 17,896                   128,592
                             0102 90 35                        22,560                  17,896                   128,592
                             0102 90 37                        22,560                  17,896                   128,592
                                                                                 — Net weight —
                             0201 10 10                                               34,002                   244,325
                             0201 10 90                       42,864                  34,002                   244,325
                             0201 20 21                                               34,002                   244,325
                             0201 20 29                       42,864                  34,002                   244,325
                             0201 20 31                                               27,202                    195,460
                             0201 20 39                       34,291                  27,202                    195,460
                             0201 20 51                        51,437                 40,802                   293,190
                             0201 20 59                        51,437                 40,802                   293,190
                             0201 20 90                                               51,002                   366,487
                             0201 30 00                                               58,340                   419,210
                             0206 10 95                                               58,340                   419,210
                             0210 20 10                                               51,002                   366,487
                             0210 20 90                                               58,340                   419,210
                             0210 90 41                                               58,340                   419,210
                             0210 90 90                                               58,340                   419,210
                             1602 50 10                                               58,340                   419,210
                             1602 90 61                                               58,340                   419,210
           (') 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).