CELEX: 31979R1366
Language: en
Date: 1979-07-02 00:00:00
Title: Commission Regulation (EEC) No 1366/79 of 29 June 1979 fixing the import levies on frozen beef and veal

No L 163/34                                Official Journal of the European Communities                                 2 . 7. 79
                                       COMMISSION REGULATION (EEC) No 1366/79
                                                           of 29 June 1979
                                        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
Having regard to the Treaty establishing the European                the following percentage of      the basic levy :
Economic Community,
                                                                     (a) 75 % where the market price is less than or equal
Having regard to Council Regulation (EEC) No                              to 1 02 % of the guide price ;
805/68 of 27 June 1968 on the common organization
of the market in beef and veal (l), as last amended by               (b) 50 % where the market price is more than 1 02 %
Regulation (EEC) No 425/77 (2), and in particular                         and less than or equal to 104 % of the guide
Article 12 (8) thereof,                                                   price ;
                                                                     (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 %
Whereas under Article 9 of Regulation (EEC) No                            of the guide price ;
805/68 a levy is applicable to the products specified in
Article 1 ( 1 ) (a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to              Whereas, if it is found that the price of adult bovine
a percentage of the basic levy ;                                     animals on representative Community markets is
                                                                     equal to or less than the guide price, the levy appli­
Whereas, in respect of the types of frozen meat listed               cable equals the following percentage of the basic
in section (b) of the Annex to the said Regulation                   levy :
under subheading 02.01 A II b) 1 , the basic levy is
determined on the basis of the difference between :                  (a) 100 % where the market price is more than or
                                                                          equal to 98 % of the guide price ;
— the guide price multiplied by a coefficient repre­
     senting the ratio existing in the Community                     (b) 105 % where the market price is less than 98 %
     between the price of fresh meat of a category                        and more than or equal to 96 % of the guide
     competitive with the frozen meat in question,                        price ;
     presented in the same form, and the average price
     of adult bovine animals, and                                    (c) 110 % where the market price is less than 96 %
— the Community free-at-frontier offer price for                          and more than or equal to 90 % of the guide
                                                                          price ;
     frozen meat, plus the amount of the customs duty
     and a standard amount representing the specific                 (d) 114 % where the market price is less than 90 %
     costs of the import operations ;                                     of the guide price ;
Whereas, by Commission Regulation (EEC) No
586/77 of 18 March 1977 laying down rules for the                    Whereas the guide prices for adult bovine animals to
application of the levies on beef and veal and                       be applied from 2 July 1979 have been fixed by
amending Regulation (EEC) No 950/68 on the                           Council Regulation (EEC) No 1274/79 of 25 June
Common Customs Tariff (3), as last amended by Regu­                  1979 (5);
lation (EEC) No 882/79 (4), the abovementioned coeffi­
cient, calculated in accordance with the rules laid
down in Article 11 (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
(') OJ  No  L   148, 28. 6. 1968, p. 24.                             cular :
(2) OJ  No  L   61 , 5. 3 . 1977, p. 1 .
P)  OJ  No  L   75, 23. 3 . 1977, p. 10.
(<) OJ  No  L   111 , 4. 5 . 1979 , p. 14.                           (5) OJ No L 161 , 29 . 6. 1979 , p. 15.
 ---pagebreak--- 2. 7. 79                           Official Journal of the European Communities                          No L 163/35
— foreseeable developments on the market in frozen           Community markets and the survey of prices of
     meat,                                                   certain other cattle in the Community (x), as last
                                                             amended by Regulation (EEC) No 1350/79 (2) ;
— the most representative prices on third country
     markets for fresh and chilled meat of a category
     which is competitive with frozen meat,                  Whereas, for Member States with several representa­
                                                             tive markets, the price of each category and quality is
— past experience ;                                          equal to the arithmetic mean of the prices recorded
                                                             on each of those markets ; for representative markets
                                                              held several times in one period of seven days, the
Whereas the basic levy on the types of frozen meat            price of each category and quality is equal to the arith­
listed in section (b) of the Annex to Regulation (EEC)        metic mean of the prices recorded on each market
No 805/68 under subheadings 02.01 A II b) 2 to 4 is           day ; whereas in respect of Italy the price of each cate­
equal to the basic levy fixed for the product falling        gory and quality is equal to the average, weighted by
within subheading 02.01 A II b) 1 , multiplied by a           the special weighting coefficients fixed in Annex II to
standard coefficient fixed for each of the products in        Regulation (EEC) No 610/77, of the prices recorded in
question ; whereas these coefficients were fixed in           the surplus and deficit zones ; whereas the price
Annex II to Regulation (EEC) No 586/77 ;                      recorded in the surplus zone is equal to the arithmetic
                                                              mean of the prices recorded on each of the markets
                                                              within that zone ; whereas in respect of the United
Whereas, for the purpose of fixing the free-at-frontier       Kingdom the weighted average prices of adult bovine
offer prices, offer prices that do not correspond to real     animals recorded on the representative markets of
purchasing possibilities or that relate to unrepresenta­      Great Britain on the one hand and Northern Ireland
tive quantities should not be taken into account ;            on the other are adjusted by the coefficient fixed in
whereas offer prices should also be excluded when the         the abovementioned Annex II ;
movement of prices in general or the information
available gives reason to believe that they are unrepre­
sentative of the true trend of prices in the country of       Whereas prices for the different categories and quali­
origin ;                                                      ties not obtained from prices which are 'live weight
                                                              excluding tax', are multiplied by the live weight
                                                              conversion coefficients fixed in Annex II to the said
Whereas, where the free-at-frontier offer price for           Regulation and, in the case of Italy, are first increased
frozen meat differs by less than one unit of account          or reduced by the corrective amounts fixed in the said
                                                              Annex ;
per 100 kilograms from that previously used for the
calculation of the levy, the latter price should be
retained ;                                                    Whereas if one or more Member States, for veterinary
                                                              or health reasons for example, adopt measures
                                                              affecting the normal trend of prices recorded on their
Whereas pursuant to Article 12 (6) of Regulation               markets, the Commission may disregard the prices
(EEC) No 805/68 the price of adult bovine animals on           recorded on the market or markets in question, or use
 representative Community markets is the price esta­           the latest prices recorded on the market or markets in
blished on the basis of prices recorded over a period          question before the entry into force of such measures ;
 to be determined on the representative market or
 markets of each Member State for the various catego­
 ries of adult bovine animals or of meat from such             Whereas, in the absence of information, prices
 animals, taking into account the size of each of these        recorded on representative Community markets are
 categories and the relative size of the bovine herd of        determined mainly by reference to the most recently
 each Member State ;                                           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
                                                               used, the latter is retained ;
 qualities of adult bovine animals or meat of such
 animals over a period of seven days in that Member
 State at a particular wholesale marketing stage ;             Whereas the levies must be so fixed that obligations
 whereas the representative markets, categories and            arising from international agreements concluded by
 qualities of products and weighting coefficients are          the Community continue to be fulfilled ;
 fixed in Annex II to Commission Regulation (EEC)
  No 610/77 of 18 March 1977 on the determination of           (») OJ No L 77, 25 . 3 . 1977, p. 1 .
 prices of adult bovine animals on representative              (2) See page 1 of this Official Journal.
 ---pagebreak--- No L 163/36                        Official Journal of the European Communities                             2. 7 . 79
Whereas the various cuts of frozen meat are defined              relation to the Community currencies referred to
in Regulation (EEC) No 586/77 ;                                  in the previous indent ;
Whereas, pursuant to Article 33 (2) of Regulation            Whereas Council Regulation (EEC) No 652/79 of 29
(EEC) No 805/68, the nomenclature provided for in            March     1979      laid   down    the coefficient    for
this Regulation is incorporated in the Common                expressing amounts, fitted in units of account, in
Customs Tariff ;                                             ECU ;
Whereas the levies are fixed before the 27th day of          Whereas, having regard to the provisions of the afore­
each month and are applicable from the first Monday          mentioned Regulations, and in particular to the infor­
of the following month ; whereas these levies may be         mation and quotations known to the Commission, the
altered in the period between two fixings where the          levies on frozen beef and veal should be as set out in
basic levy is altered, or in the case of changes in the      the Annex hereto,
prices recorded on Community representative
markets ;
                                                             HAS ADOPTED THIS REGULATION :
Whereas, if the levy system is to operate normally,
levies should be calculated on the following basis :
                                                                                      Article 1
— in the case of currencies which are maintained in
    relation to each other at any given moment within        The import levies on frozen beef and veal shall be as
    a band of 2-25 % , a rate of exchange based on           set out in the Annex hereto.
    their effective parity ;
— for other currencies, an exchange rate based on the                                 Article 2
    arithmetic mean of the spot market rates of each
    of these currencies recorded for a given period in       This Regulation shall enter into force on 2 July 1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 June 1979.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
                                                             (•) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak--- 2. 7 . 79                                 Official Journal of the European Communities                                                          No L 163/37
                                                                         ANNEX
          to the Commission Regulation of 29 June 1979 fixing the import levies on frozen beef and
                                             veal (*) for the period beginning 2 July 1979
                                                                                                                                   (ECU/100 kg)
                                                   CCT heading No                                                           Levy
                                                                                                                      — Net weight —
          02.01     A II b) 1                                                                                            85033
          02.01     A lib) 2                                                                                             68.027 (a)
          02.01     All b) 3                                                                                            106.291
          02.01     All b) 4 aa)                                                                                        127.549
          02.01 A lib) 4 bb) 11                                                                                         106.291 (a)
          02.01 A lib) 4 bb) 22 (b)                                                                                     106.291 (a)
          02.01 A lib) 4 bb) 33                                                                                         146-256 (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.