CELEX: 31988R2312
Language: en
Date: 1988-07-27 00:00:00
Title: Commission Regulation (EEC) No 2312/88 of 26 July 1988 fixing the import levies on live cattle and on beef and veal other than frozen

27. 7. 88                             Official Journal of the European Communities                             No L 201 /83
                                  COMMISSION REGULATION (EEC) No 2312/88
                                                      of 26 July 1988
                    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 ('), as last amended by Regulation (EEC)
No 2248/88 (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 0 ;
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 animate to be
past experience ;                                                applied from 4 July 1988 were fixed by Council Regula­
                                                                 tion (EEC) No 2249/88 (*) ;
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.                            (<) OJ No L 376, 31 . 12. 1987, p. 31 .
0 OJ No L 198, 26. 7. 1988 .                                    0 OJ No L 198, 26. 7. 1988.
 ---pagebreak--- No L 201 /84                            Official Journal of the European Communities                                  27. 7. 88
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 467/87 (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 0, as last amended by
                                                                   Regulation (EEC) No 1547/88 («);
Whereas Commission Regulation (EEC) No 611 /77 of 18
March 1977 ('), as amended by Regulation (EEC) No
925/77 ^ 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
                                                                   O OJ No L 119, & 5. 1986, p. 40 .
                                                                   (*) OJ No L 48, 17. 2. 1987, p. 1 .
(') OJ No L 77, 25. 3. 1977, p. 14.                                (j OJ No L 77, 25. 3. 1977, p. 1 .
ft OJ No L 109, 30. 4. 1977, p. 1 .                                M OJ No L 139, 4. 6. 1988, p. 22.
 ---pagebreak---  27. 7. 88                               Official Journal of the European Communities                               No L 201 /85
 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 (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 1821 /87 (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 August 1988 .
(') 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 .
(4) OJ  No  L 172, 30. 6. 1987, p. 102.                            (*) OJ No L 153, 13. 6. 1987, p. 1 .
                                                          V
 ---pagebreak--- No L 201 /86                    Official Journal of the European Communities                        27. 7. 88
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 26 July 1988.
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President
 ---pagebreak--- 27. 7. 88                             Official Journal of the European Communities                                              No L 201 /87
                                                               ANNEX
           to the Commission Regulation of 26 July 1988 fixing the import levies on
                                   live cattle and on beef and veal other than frozen (')
                                                                                                                  (ECU/100 kg)
                                                                                 Austria/Sweden/
                            CN code                       Yugoslavia v)            Switzerland
                                                                                                        Other third countries
                                                                               — Live weight —
           0102 90 10                                                                28,611                    131,237
           0102 90 31                                         57,560                 28,611                    131,237
           0102 90 33                                          —
                                                                                     28,611                    131,237
           0102 90 35                                         57,560                 28,611                    131,237
          0102 90 37                                          57,560                 28,611                    131,237
                                                                                — Net weight —
          0201 10 10                                                                 54,360                    249,350
          0201 10 90                                        109,364                  54,360                    249,350
          0201 20 11                                        109,364                  54,360                    249,350
          0201 20 19                                        109,364                  54,360                    249,350
          0201 20 31                                           —
                                                                                     43,488                    199,479
          0201 20 39                                          87,491                 43,488                    199,479
          0201 20 51                                        131,237                  65,232                    299,220
          0201 20 59                                        131,237                  65,232                   299,220
          0201 20 90                                           —
                                                                                     81,540                   374,025
          0201 30                                              —
                                                                                     93,270                   427,832
          0206 10 95                                           —     .               93,270                   427,832
          0210 20 10                                           —
                                                                                     81,540                   374,025
          0210 20 90                                           —
                                                                                     93,270                   427,832
          0210 90 41                                           —
                                                                                     93;270                   427,832
          0210 90 90                                           —
                                                                                     93,270                   427,832
           1602 50 10                                          —
                                                                                     93,270                   427,832
           1602 90 61                                          —
                                                                                     93,270                   427,832
          (') 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).