CELEX: 31989R0779
Language: en
Date: 1989-03-29 00:00:00
Title: Commission Regulation (EEC) No 779/89 of 28 March 1989 fixing the import levies on live cattle and on beef and veal other than frozen

29 . 3 . 89                           Official Journal of the European Communities                              No L 84/29
                                   COMMISSION REGULATION (EEC) No 779/89
                                                    of 28 March 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 :
                                                                (a) 100 % where the market price is more than or equal
Having regard to Council Regulation (EEC) No 805/68 of               to 98 % of the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)       (b) 105 % where the market price is less than 98 % and
No 571 /89(2), and in particular Article 12 (8) thereof,             more than or equal to 96 % of the guide price ;
                                                                (c) 110 % where the market price is less than 96 % and
Having regard to the opinion of the Monetary Committee,              more than or equal to 90 % of the guide price ;
                                                                (d) 114 % where the market price is less than 90 % of
Whereas under Article 9 of Regulation (EEC) No 805/68                the guide price ;
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 a percen­         Whereas pursuant to Article 10 (4) of Regulation (EEC)
tage of the basic levy ;                                        No 805/68 the basic levy on the meat specified in
                                                                sections (a), (c) and (d) of the Annex hereto is equal to the
                                                                basic levy determined for bovine animals, multiplied by a
Whereas in respect of bovine animals the basic levy is          standard coefficient fixed for each of the products in
determined on the basis of the difference between the
                                                                question ; whereas these coefficients are fixed by
guide price and the Community free-at-frontier offer            Commission Regulation (EEC) No 586/77 of 18 March
price plus the amount of the customs duty ; whereas the          1977 laying down rules for the application of levies on
Community free-at-frontier offer price is determined in         beef and veal and amending Regulation (EEC) No 950/68
the light of the most representative purchasing possibili­      on the Common Customs Tariff (3), as last amended by
ties, as regards quality and quantity, recorded over a          Regulation (EEC) No 3988/87 (4);
certain period for bovine animals and for the fresh or
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 10, 0201 10 90,
0201 20 11 and 0201 20 19, account being taken in parti­        Whereas the guide prices for adult bovine animals to be
cular of the position with respect to supply and demand,        applied from 4 July 1988 were fixed by Council Regula­
of world market prices for frozen meat of a category            tion (EEC) No 2249/88 (*) ; whereas Council Regulation
which is competitive with fresh or chilled meat and of          (EEC) No 769/89 (6) has extended the 1988/89 marketing
past experience ;                                               year for beef and veal ;
Whereas if it is found that the price of adult bovine           Whereas Regulation (EEC) No 586/77 stipulates that the
animals on representative Community markets is higher           basic levy is to be calculated according to the method set
than the guide price, the levy applicable equals the follo­     out in its Article 3 and on the basis of all the representa­
wing percentage of the basic levy :                             tive free-at-frontier offer prices of the Community deter­
                                                                mined for the products of each of the categories and cuts
(a) 75 % where the market price is less than or equal to        specified in Article 2 and established principally by
      102 % of the guide price ;                                reference to the prices specified in the customs docu­
                                                                ments accompanying products imported from third coun­
(b) 50 % where the market price is more than 102 % and          tries or from other information concerning export prices
      less than or equal to 104 % of the guide price ;          obtaining in those third countries ;
(c) 25 % where the market price is more than 1 04 % and
      less than or equal to 106% of the guide price ;           (2) OJ  No  L  61 , 4. 3. 1989, p. 43.
                                                                (3) OJ  No  L  75, 23. 3. 1977, p. 10.
                                                                (4) OJ  No  L  376, 31 . 12. 1987, p. 31 .
(') OJ No L 148, 28 . 6. 1968, p. 24.                           0   OJ  No  L  198, 26. 7. 1988 .
 ---pagebreak--- No L 84/30                              Official Journal of the European Communities                                  29 . 3 . 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 0, as last amended by
                                                                  Regulation (EEC) No 1547/88 f6) ;
Whereas Commission 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
                                                                  (J) OJ No  L  109, 30 . 4. 1977, p. 1 .
                                                                  0   OJ No  L  119, 8 . 5. 1986, p. 40.
(6) See page 13 of this Official Journal.                         (4) 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 .
 ---pagebreak--- 29 . 3 . 89                            Official Journal of the European Communities                               No L 84/31
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 0, 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 3 April 1989.
;6) OJ No L 139, 4. 6. 1988 , p. 22.
[') OJ No L 41 , 14. 2. 1983, p. 1 .
;j) OJ No L 389, 31 . 12. 1987, p. 72.                            (4) OJ No L 172, 30 . 6. 1987, p. 102.
P) OT No L 61 , 1 . 3 . 1985. p. 4.                               O OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- No L 84/32                    Official Journal of the European Communities                        29. 3 . 89
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 28 March 1989.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission
 ---pagebreak--- 29. 3. 89                              Official Journal of the European Communities                                              No L 84/33
                                                                ANNEX
          to the Commission Regulation of 28 March 1989 fixing the import levies on
                                   live cattle and on beef and veal other than frozen (')
                                                                                                                  (ECU/100 kg)
                                                                                 Austria/Sweden/        Other third countries
                             CN code                       Yugoslavia (2)           Switzerland
                                                                               — Live weight —
                            010290 10                                                 17,896                   120,988
                            0102 90 31                        21,226                  17,896                   120,988
                            0102 90 33                                                1 7,896                  120,988
                            0102 90 35                        21,226                  17,896                   120,988
                            0102 90 37                        21,226                  17,896                   120,988
                                                                                 — Net weight —
                            0201 10 10                                                34,002                   229,878
                            0201 10 90                        40,329                  34,002                   229,878
                            0201 20 21                                                34,002                   229,878
                            0201 20 29                        40,329                  34,002                   229,878
                            0201 20 31                                                27,202                    183,903
                            0201 20 39                        32,264                  27,202                    183,903
                            0201 20 51                        48,395                  40,802                   275,853
                            0201 20 59                        48,395                  40,802                   275,853
                            0201 20 90                                                51,002                   344,817
                            0201 30 00                                                58,340                   394,422
                            0206 10 95                                                58,340                   394,422
                            0210 20 10                                                51,002                   344,817
                            0210 20 90                                                58,340                   394,422
                            0210 90 41                                                58,340                   394,422
                            0210 90 90                                                58,340                   394,422
                            1602 50 10                                                58,340                   394,422
                            1602 90 61                                                58,340                   394,422
          (') 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).