CELEX: 31987R3959
Language: en
Date: 1987-12-30 00:00:00
Title: Commission Regulation (EEC) No 3959/87 of 23 December 1987 fixing the import levies on frozen beef and veal

30 . 12. 87                              Official Journal of the European Communities                              No L 371 /29
                                    COMMISSION REGULATION (EEC) No 3959/87
                                                     of 23 December 1987
                                     fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (a) 75 % where the market price is less than or equal to
                                                                         102 % of the guide price ;
Having regard to the Treaty establishing the European               (b) 50 % where the market price is more than 102 % and
Economic Community,                                                     less than or equal to 1 04 % of the guide price ;
Having regard to the Act of Accession of Spain and                  (c) 25 % where the market price is more than 104 % and
Portugal,                                                                less than 106% of the guide price ;
                                                                    (d) 0 % where the market price is more than 106 % of
Having regard to Council Regulation (EEC) No 805/68 of                   the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)
No 3905/87 (2), and in particular Article 12 (8) thereof,           Whereas, if it is found that the price of adult bovine
                                                                    animals on representative Community markets is equal to
                                                                    or less than the guide price, the levy applicable equals the
Having regard to the opinion of the Monetary Committee,             following percentage of the basic levy :
Whereas under Article 9 of Regulation (EEC) No 805/68               (a) 100 % where the market price is more than or equal
a levy is applicable to the products specified in Article 1              to 98 % of the guide price ;
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percen­             (b) 105 % where the market price is less than 98 % and
tage of the basic levy ;                                                 more than or equal to 96 % of the guide price ;
                                                                    (c) 110 % where the market price is less than 96 % and
Whereas, in respect of the types of frozen meat listed in                more than or equal to 90 % of the guide price ;
section (b) of the Annex to the said Regulation under
subheadings 0202 10 00 and 0202 20 10, the basic levy is            (d) 114 % where the market price is less than 90 % of
determined on the basis of the difference between :                      the guide price ;
— the guide price multiplied by a coefficient represen­
      ting the ratio existing in the Community between the           Whereas the guide prices for adult bovine animals to be
      price of fresh meat of a category competitive with the         applied from 6 July 1987 have been fixed by Council
      frozen meat in question, presented in the same form,           Regulation (EEC) No 1891 /87 (5) ;
      and the average price of adult bovine animals, and
— the Community free-at-frontier offer price for frozen              Whereas the Community free-at-frontier offer price for
      meat, plus the amount of the customs duty and a stan­          frozen meat is determined by reference to the world
      dard amount representing the specific costs of the             market price based on the most representative purchasing
      import operations ;                                            possibilities, as regards quality and quantity, recorded over
                                                                     a certain period preceding the fixing of the basic levy,
Whereas, by Commission Regulation (EEC) No 586/77 of                 taking into account in particular :
 18 March 1977 laying down rules for the application of
 the levies on beef and veal and amending Regulation                 — foreseeable developments on the market in frozen
(EEC) No 950/68 on the Common Customs Tariff (3), as                      meat,
 last amended by Regulation (EEC) No 31 14/83 (4), the               — the most representative prices on third country
 abovementioned coefficient, calculated in accordance with                markets for fresh and chilled meat of a category which
 the rules laid down in Article 1 1 (2) (a) of Regulation                 is competitive with frozen meat,
(EEC) No 805/68, has been fixed at 1-69 units of account
 and the standard amount referred to in Article 11 (2) (b)           — past experience ;
 of the said Regulation has been fixed at 6,65 ECU ;
                                                                     Whereas the basic levy on the types of frozen meat listed
 Whereas, if it is found that the price of adult bovine              in section (b) of the Annex to Regulation (EEC) No
 animals on representative Community markets is higher               805/68 under subheadings 0202 20 50, 0202 20 90,
 than the guide price, the levy applicable equals the follo­         0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
 wing percentage of the basic levy :                                 basic levy fixed for the products falling within subhea­
                                                                     dings 0202 1000 and 0202 20 10, multiplied by a stan­
 (1) OJ No L 148, 28 . 6. 1968, p. 24.                               dard coefficient fixed for each of the products in ques
 (*) OJ No L 370, 30. 12. 1987.
 (3) OJ No L 75, 23. 3. 1977, p. 10.
 h) OJ No L 303, 5. 11 . 1983, p. 16.                                0 OJ No L 182, 3 . 7. 1987.
 ---pagebreak--- No L 371 /30                               Official Journal of the European Communities                                30 . 12. 87
tion ; whereas these coefficients were fixed in Annex II to          times in one period of seven days, the price of each cate­
Regulation (EEC) No 586/77 ;                                         gory 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 quality is equal to the
                                                                     average, weighted by the special weighting coefficients
Whereas, for the purpose of fixing the free-at-frontier              fixed in Annex II to Regulation (EEC) No 610/77, of the
offer prices, offer prices that do not correspond to real            prices recorded in the surplus and deficit zones ; whereas
purchasing possibilities or that relate to unrepresentative          the price recorded in the surplus zone is equal to the
quantities should not be taken into account ; whereas                arithmetic mean of the prices recorded on each of the
offer prices should also be excluded when the movement               markets within that zone ; whereas in respect of the
of prices in general or the information available gives              United Kingdom the weighted average prices of adult
reason to believe that they are unrepresentative of the true         bovine animals recorded on the representative markets of
trend of prices in the country of origin ;                           Great Britain on the one hand and Northern Ireland on
                                                                     the other are adjusted by the coefficient fixed in the
                                                                     abovementioned Annex II :
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 100 kilo­
grams from that previously used for the calculation of the           Whereas prices for the different categories and qualities
                                                                      not obtained from prices which are 'live weight excluding
levy, the latter price should be retained ;                           tax', are multiplied by the live weight conversion coeffi­
                                                                      cients fixed in Annex II to the said Regulation and, in the
                                                                      case of Italy, are first increased or reduced by the correc­
                                                                      tive amounts fixed in the said Annex :
Whereas pursuant to Article 12 (6) of Regulation (EEC)
 No 805/68 the price of adult bovine animals on represen­
tative Community markets is the price established on the
basis of prices recorded over a period to be determined on            Whereas if one or more Member States, for veterinary or
the representative market or markets of each Member                   health reasons for example, adopt measures affecting the
State for the various categories of adult bovine animals or           normal trend of prices recorded on their markets, the
of meat from such animals, taking into account the size of            Commission may disregard the prices recorded on the
 each of these categories and the relative size of the bovine         market or markets in question, or use the latest prices
 herd of each Member State :                                          recorded on the market or markets in question before the
                                                                      entry into force of such measures ;
Whereas the prices of adult bovine animals recorded on                Whereas, in the absence of information, prices recorded
 the representative market or markets of each Member                  on representative Community markets are determined
 State are equal to the average, weighted by the relevant             mainly by reference to the most recently recorded prices ;
 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, for such period as the price of adult bovine
 marketing stage ; whereas, the price of adult bovine                 animals recorded on representative Community markets
 animals recorded on the representative market or markets             differs by less than 0,24 ECU per 100 kilograms of live
 of the United Kingdom shall be corrected by the amount               weight from the price previously used, the latter is
 of the premium granted to producers under Regulation                 retained :
 (EEC) No 1347/86 ('), as last amended by Regulation
 (EEC) No 467/87 (2) ; whereas the representative markets,
 categories and qualities of products and weighting coeffi­           Whereas the levies must be so fixed that obligations
 cients are fixed in Annex II to Commission Regulation                arising from international agreements concluded by the
 (EEC) No 610/77 of 18 March 1977 on the determination                Community continue to be fulfilled ;
 of prices of adult bovine animals on representative
 Community markets and the survey of prices of certain
 other cattle in the Community (3), as last amended by                Whereas Council Regulation (EEC) No 486/85 (*), as last
 Regulation (EEC) No 3003/87 (4) ;                                    amended by Regulation (EEC) No 1821 /87 (6), lays down
                                                                      the arrangements applicable on agricultural products and
                                                                      certain goods resulting from the processing of agricultural
 Whereas, for Member States with several representative                products originating in the African, Caribbean and Pacific
                                                                       States or in the overseas countries and territories ;
 markets, the price of each category and quality is equal to
 the arithmetic mean of the prices recorded on each of
 those markets ; for representative markets held several              Whereas the various cuts of frozen meat are defined in
                                                                       Regulation (EEC) No 586/77 ;
 (') OJ No  L  119, 8 . 5. 1986, p. 40 .
 (2) OJ No  L  48 , 17. 2. 1987, p. 1 .
 (3) OJ No  L  77, 25.  3 . 1977, p. 1 .                               0 OJ No L 61 , 1 . 3 . 1985, p. 4.
 (4) OJ No  L  285, 8 . 10 . 1987, p. 11 .                             (6) OJ No L 172, 30 . 6. 1987, p. 102.
 ---pagebreak---                                                                                                                  No L 371 /31
30 . 12. 87                              Official Journal of the European Communities
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                 the last paragraph of Article 3 (1) of Council Regula­
No 805/68, the nomenclature provided for in this Regula­                tion (EEC) No 1676/85 (2), as last amended by Regula­
tion is incorporated in the combined nomenclature ;                     tion (EEC) No 1636/87 (3),
                                                                   — for other currencies, an exchange rate based on the
Whereas the levies are fixed before the 27th day of each                 arithmetic mean of the spot market rates of each of
month and are applicable from the first Monday of the                    these currencies recorded over a given period in rela­
following month ; whereas these levies may be altered in                 tion to the Community currencies referred to in the
the period between two fixings where the basic levy is                   previous indent and the aforesaid coefficient,
altered, or in these case of changes in the prices recorded
on Community representative markets ;                               Whereas, having regard to the provisions of the aforemen­
                                                                    tioned Regulations, and in particular to the information
Whereas Council Regulation (EEC) No 2658/87 of 23                   and quotations known to the Commission, the levies on
July 1987 on the tariff and statistical nomenclature and            frozen beef and veal should be as set out in the Annex
 on the Common Customs Tariff (') introduces, with effect           hereto,
 from 1 January 1988, a new combined nomenclature
 which meets the requirements of both the Common                    HAS ADOPTED THIS REGULATION :
 Customs Tariff and the Community's statistics on foreign
 trade and which replaces the existing nomenclature ;
                                                                                               Article 1
 Whereas, if the levy system is to operate normally, levies
 should be calculated on the following basis :                      The import levies on frozen beef and veal shall be as set
                                                                     out in the Annex.
 — in the case of currencies which are maintained in rela­
       tion to each other at any given moment within a band                                    Article 2
       of 2,25 %, a rate of exchange based on their central
       rate, multiplied by the corrective factor provided for in     This Regulation shall enter into force on 4 January 1988.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 23 December 1987.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
                                                                      (?) OJ No L 164, 24. 6. 1985, p. 1 .
   (') OJ No L 256, 7. 9. 1987, p. 1 .                                (3) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 371 /32                            Official Journal of the European Communities                                               30 . 12. 87
                                                                  ANNEX                                       ^
              to the Commission Regulation of 23 December 1987 fixing the import levies on frozen beef
                                                                and veal (')
                                                                                                                   (ECU/ 100 kg)
                                                  CN code                                                       Levy
                                                                                                        — Net weight —
             0202 10 00                                                                                      238,299
             0202 20 10                                                                                      238,299
             0202 20 30                                                                                      190,639
             0202 20 50                                                                                      297,874
             0202 20 90                                                                                      357,448
             0202 30 10                                                                                      297,874
             0202 30 50                                                                                      297,874
             0202 30 90                                                                                      409,873
             0206 29 91                                                                                      409,873
             ( ) 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.