CELEX: 31977R0934
Language: en
Date: 1977-04-30 00:00:00
Title: Commission Regulation (EEC) No 934/77 of 29 April 1977 fixing the import levies on live cattle and beef and veal other than frozen meat

No L 109/20                          Official Journal of the European Communities                               30 . 4. 77
                                    COMMISSION REGULATION (EEC) No 934/77
                                                     of 29 April 1977
                  fixing the import levies on live cattle and beef and veal other than frozen meat
THE COMMISSION OF THE EUROPEAN                                  Whereas if it is found that the price of adult bovine
 COMMUNITIES,                                                    animals on representative Community markets is
                                                                 equal to or less than the guide price, the levy appli­
 Having regard to the Treaty establishing the European           cable equals the following percentage of the basic
 Economic Community,                                             levy :
 Having regard to Council Regulation (EEC) No                   (a) 100 % where the market price is more than or
 805/68 of 27 June 1968 on the common organization                   equal to 98 % of the guide price ;
of the market in beef and veal ('), as last amended by
 Regulation (EEC) No 425/77 (2), and in particular              (b) 105 % where the market price is less than 98 %
Article 12(8) thereof,                                               and more than or equal to 96 % of the guide
                                                                     price ;
 Having regard to the opinion of the Monetary                   (c) 110 % where the market price is less than 96 %
Committee,
                                                                     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        (d) 114 % where the market price is less than 90 %
Article 1 ( l )(a) of that Regulation ; whereas Article 12           of the guide price ;
fixes the amount of the levy applicable by reference to
a percentage of the basic levy ;
                                                                Whereas pursuant to Article 10(4) of Regulation
Whereas in respect of bovine animals the basic levy is          (EEC) No 805/68 the basic levy on the meat specified
determined on the basis of the difference between the            in sections (a), (c) and (d) of the Annex thereto is equal
guide price and the Community free-at-frontier offer            to the basic levy determined for bovine animals, multi­
price plus the amount of the customs duty ; whereas             plied by a standard coefficient fixed for each of the
the Community free-at-frontier offer price is deter­             products in question ; whereas these coefficients are
mined in the light of the most representative                    fixed by Regulation (EEC) No 586/77 (3) ;
purchasing possibilities, as regards quality and quan­
tity, recorded over a certain period for bovine animals         Whereas the guide prices for adult bovine animals to
and for the fresh or chilled meat specified in                  be applied from 2 May 1977 were fixed by Council
section (a) of the Annex to the said Regulation under           Regulation (EEC) No 869/77 of 26 April 1977 (4); -
subheadings 02.01 A II a) 1 to 3, account being taken
in particular of the position with respect to supply
and demand, of world market prices for frozen meat              Whereas Commission Regulation (EEC) No 586/77 of
of a category which is competitive with fresh or                 18 March 1977 laying down the rules for the applica­
chilled meat and of past experience ;                           tion of levies on beef and veal and amending Regula­
                                                                tion (EEC) No 950/68 on the Common Customs
Whereas if it is found that the price of adult bovine           Tariff, stipulates that the basic levy is to be calculated
animals on representative Community markets is                  according to the method set out in its Article 3 and
higher than the guide price, the levy applicable equals         on the basis of all the representative free-at-frontier
the following percentage of the basic levy :                    offer prices of the Community determined for the
                                                                products of each of the categories and cuts specified
(a) 75 % where the market price is less than or equal           in Article 2 and established principally by reference to
     to 102% of the guide price ;                               the prices specified in the customs documents accom­
(b) 50 % where the market price is more than 1 02 %             panying products imported from third countries or
     and less than or equal to 1 04 % of the guide              from other information concerning export prices
     price ;                                                    obtaining in those third countries ;
(c) 25 % where the market price is more than 104 %
     and less than or equal to 106 % of the guide               Whereas, however, offer prices that do not correspond
     price ;                                                    to real purchasing possibilities or that relate to unre­
(d) 0 % where the market price is more than 1 06 %              presentative quantities should not be taken into
     of the guide price ;                                       account ; whereas offer prices should also be excluded
(') OJ No L 148 , 28 . 6. 1968 , p. 24.                         (J) OJ No L 75, 23 . 3 . 1977, p. 10.
(2) OJ No L 61 , 5. 3. 1977, p. 1 .                             (<) OJ No L 106, 29. 4. 1977, p. 12.
 ---pagebreak---  30 . 4. 77                           Official Journal of the European Communities                         No L 109/21
when the movement of prices in general or the infor­            of each of these categories and the relative size of the
 mation available suggests that they are unrepresenta­          bovine herd of each Member State ;
tive of the true trend of prices in the country of
origin ;                                                        Whereas the prices of adult bovine animals recorded
                                                                on the representative market or markets of each
Whereas in cases where for one or more categories of            Member State are equal to the average, weighted by
bovine animals or cuts of meat a free-at-frontier offer         the appropriate coefficients, of the prices for the
 price cannot be established, the most recent available         various qualities of adult bovine animals or meat of
 price should be used for the calculation ;                     such animals over a period df seven days in that
                                                                Member State at a particular wholesale marketing
Whereas if the free-at-frontier offer price differs by          stage ; whereas the representative markets, categories
less than 0-50 unit of account per 100 kilograms of             and qualities of products and weighting coefficients
live weight from that previously listed for the calcula­        are fixed in Annex II to Commission Regulation
tion of the levy, the latter price should be retained ;         (EEC) No 610/77 of 18 March 1977 on the determina­
                                                                tion of prices of adult bovine animals on representa­
Whereas pursuant to Article 10(3) of Regulation                 tive Community markets and the survey of prices of
(EEC) No 805/68 a special basic levy is determined              certain other cattle in the Community (3) ;
for certain third countries on the basis of the differ­
ence between the guide price and the average price              Whereas the price of adult bovine animals recorded
 recorded over a certain period plus the amount of the          on the market or markets of Ireland and the United
customs duty ;                                                  Kingdom must be increased by the compensatory
                                                                amount referred to in Article 1 ( 1 ) of Council Regula­
Whereas Commission Regulation (EEC) No 611 /77 of               tion (EEC) No 430/77 of 14 February 1977 laying
 18 March 1977 (•), as amended by Regulation (EEC)              down general rules for the system of compensatory
No 925/77 (2), provides that the special levy on                amounts for beef and veal (4) ;
products originating in and coming from Austria,
Sweden and Switzerland should be determined on the
basis of the weighted average of the prices of adult            Whereas, for Member States with several representa­
bovine animals recorded on the representative markets           tive markets, the price of each category and quality is
of those third countries ; whereas the weighting coeffi­        equal to the arithmetic mean of the prices recorded
cients and representative markets are specified in the          on each of those markets ; whereas, for representative
Annexes to Regulation (EEC) No 611 /77 ;                        markets held several times in one period of seven
                                                                days, the price of each category and quality is equal to
Whereas the average price is not to be used for calcu­          the arithmetic mean of the prices recorded on each
lating the special levy unless it is at least one unit of       market day ; whereas in respect of Italy the price of
account per 100 kilograms of live weight more than              each category and quantity is equal to the average,
the free-at-frontier offer price determined in accor­           weighted by the special weighting coefficients fixed in
dance with Article 10(2) of Regulation (EEC) No                 Annex II to Regulation (EEC) No 610/77, of the
805/68 ;                                                        prices recorded in the surplus and deficit zones ;
                                                                whereas the price recorded in the surplus zone is
Whereas if the average price differs by less than 0-50          equal to the arithmetic mean of the prices recorded
unit of account per 100 kilograms of live weight from           on each of the markets within that zone ; whereas in
that previously used to calculate the levy, the latter          respect of the United Kingdom the weighted average
may be retained ;                                               prices of adult bovine animals recorded on the repre­
                                                                sentative markets of Great Britain on the one hand
Whereas in cases where one or more of the abovemen­             and Northern Ireland on the other are adjusted by the
tioned third countries adopt, for reasons of health for         coefficient fixed in the abovementioned Annex II ;
example, measures affecting the prices recorded on
their markets, the Commission may use the latest                Whereas prices for the different categories and quali­
prices recorded before the entry into force of such             ties not obtained from prices which are 'live weight
measures ;                                                      excluding tax' are multiplied by the live weight conver­
                                                                sion coefficients fixed in Annex II to the said Regula­
Whereas pursuant to Article 12(6) of Regulation                 tion and, in the case of Italy, are first increased or
(EEC) No 805/68 the price of adult bovine animals on            reduced by the corrective amounts fixed in the said
representative Community markets is the price esta­             Annex ;
blished on the basis of prices recorded over a period
to be determined on the representative market or                Whereas if one or more Member States, for veterinary
markets of each Member State in respect of the                  or health reasons for example, adopt measures
various categories of adult bovine animals or of meat           affecting the normal trend of prices recorded on their
from such animals, after taking into account the size           markets the Commission may disregard the prices
(') OJ No L 77, 25. 3 . 1977, p. 14.                            (3) OJ No L 77, 25 . 3 . 1977, p. 1 .
(2) See page 1 of this Official Journal.                        (4) OJ No L 61 , 5. 3. 1977, p. 20.
 ---pagebreak---   No L 109 /22                          Official Journal of the European Communities                           30. 4. 77
 recorded on the market or markets in question, or use            fixings where the basic levy or special basic levy is
 the latest prices recorded on the market or markets in           altered, or in the case of changes in the prices
 question before the entry into force of such measures ;          recorded on Community representative markets ;
 Whereas in the absence of information, prices                    Whereas, to enable the levy system to function
 recorded on representative Community markets are                 normally, the' following should be used to calculate
 determined mainly by reference to the most recently              the levies ;
 recorded prices ;                                                — for currencies whose spot rates are maintained at
 Whereas for such period as the price of adult bovine                 any given moment within a spread of 2*25 % , a
 animals recorded on representative Community                         conversion rate based on their actual par values ;
 markets differs by less then 0*20 unit of account per            — for other currencies, a conversion rate based on
  100 kilograms of live weight from the price previously              the arithmetic mean of the spot exchange rates of
 used the latter is retained ;                                        each of these currencies, recorded over a given
                                                                      period, in relation to the Community currencies
 Whereas the levies should be so fixed that the obliga­               referred to in the previous indent ;
 tions arising from international agreements concluded
 by the Community continue to be fulfilled ; whereas,             Whereas, having regard to the provisions of the afore­
 moreover, account should be taken of Regulation                  mentioned Regulations, and in particular to the data
 (EEC) No 2170/73. of 31 July 1973 on the conclusion              and quotations available to the Commission, the levies
 of the Trade Agreement between the European                      on adult bovine animals and beef and veal other than
 Economic Community and the Socialist Federal Repu­               frozen meat should be as set out in the Annex to this
 blic of Yugoslavia (') ;                                         Regulation,
 Whereas the various cuts of beef and veal are defined
 in Regulation (EEC) No 586/77 ;                                  HAS ADOPTED THIS REGULATION :
 Whereas, pursuant to Article 33 (2) of Regulation                                        Article 1
(EEC) No 805/68, the nomenclature used in this Regu­
 lation is incorporated in the Common Customs                     The import levies on live cattle and beef and veal
Tariff ;                                                          other than frozen meat shall be as specified in the
                                                                  Annex to this Regulation .
Whereas the levies and special levies are fixed before
 the 27th day of each month and are applicable from                                       Article 2
 the first Monday of the following month ; whereas
 these levies may be altered in the period between two            This Regulation shall enter into force on 2 May 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 April 1977.
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 224, 13 . 8 . 1973 , p. 1 .
 ---pagebreak--- 30 . 4 . 77                                    Official Journal of the European Communities                                                      No L 109/23
                                                                            ANNEX
             to the Commission Regulation of 29 April 1977 fixing the import levies on live cattle and
                                                     beef and veal other than frozen meatf 1)
                                                                                                                                      (UMJIOO kg)
                                   CCT heading No                             Austria/Sweden/Switzerland             Other third countries
                                                                                                    — Live weight —
            01.02 A 11 a) (a)                                                                                             57-456
            01.02 A II b) (b)                                                         50-524                              57-456
                                                                                                     — Net weight —
            02.01 Alia) 1 aa) (a)                                                                                       109-166
            02.01 Alia) 1 bb)                                                         95-995                            109-166
            02.01 A Ha) 2 aa) (a)                                                         —                               87-333
            02.01 A Ha) 2 bb)                                                         76-796                              87-333
            02.01 A IIa) 3 aa) (a)                                                        —                             131-000
            02.01 A II a) 3 bb)                                                      115-194                            131-000
            02.01 All a) 4 aa)                                                       143-992                            163-750
            02.01 A II a) 4 bb)                                                      164-707                            187-307
            02.06 C I a) 1                                                           143-992                            163-750
            02.06 C I a) 2                                                           164-707                            187-307
             16.02 B III b) 1 aa)                                                    164-707                            187-307
            (') 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) The levy shall be established in accordance with the provisions set out in Annex I to the Trade Agreement between the EEC and
                 the Socialist Federal Republic of Yugoslavia.
            (b) The levy which is to be applied to young male bovine animals, intended for fattening, of a live weight of 300 kg or less, imported
                 under the conditions set out in Article 13 of Council Regulation (EEC) No 805/68 of 27 June 1968, and in the provisions adopted
                 for its application, is totally or partially suspended in accordance with those provisions.