CELEX: 31974R1165
Language: en
Date: 1974-05-09 00:00:00
Title: Regulation (EEC) No 1165/74 of the Commission of 8 May 1974 fixing the import levies on frozen beef and veal

9 . 5 . 74                              Official Journal of the European Communities                          No L 127/47
                             REGULATION (EEC) No 1165 /74 OF THE COMMISSION
                                                         of 8 May 1974
                                   fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN                                     nities among those which are most representative as
COMMUNITIES,                                                       regards quality and quantity as mentioned in Article
Having regard to the Treaty establishing the European              13 (2) (b) of Regulation (EEC) No 805/68 should be
Economic Community ;                                              determined in the first place with reference to free-at­
                                                                   Community-frontier offers or, where such offers are
Having regard to Council Regulation (EEC) No                      not sufficiently representative of the market situation,
805/68 (') of 27 June 1968 on the common organiza­                world market offers delivered free-at-Community­
tion of the market in beef and veal , as last amended              frontier for each of the products listed in Section (c) of
by Regulation (EEC) No 187/73 (2), and in particular               the Annex to Regulation (EEC) No 805/68 ; whereas,
Article 1 3 (6) thereof ;                                          for products other than those covered by the first
Having regard to the Opinion of the Monetary                      subparagraph of Article 13 (2) of that Regulation , the
Committee ;                                                       offer price is converted into a price relating to the
                                                                   products covered by that subparagraph by means of
Whereas Article 13 ( 1 ) of Regulation (EEC) No 805/68             the coefficients referred to in Article 13 (3) of that
provides for charging a levy on imports of the frozen             Regulation ; whereas those coefficients were fixed in
meat listed in Section (c) of the Annex to that Regula­            Annex I to Regulation (EEC) No 2260/73 ;
tion ; whereas the levy on products falling within
subheading No 02.01 A II a) 2 aa) is equal to the
difference between :                                              Whereas Article 2 of Regulation (EEC) No 2260/73
— the guide price for the corresponding product                    provides that the Commission, when determining the
     multiplied by a coefficient expressing the ratio             world market price referred to in Article 13 (2) (b) of
     existing in the Community between the price for              Regulation (EEC) No 805/68 must disregard offer
     fresh meat of a quality competitive with the frozen          prices which do not correspond to real purchasing
     meat in question, presented in the same form , and           opportunities or which relate to small unrepresenta­
     the average price for adult bovine animals, and               tive quantities or to qualities which differ appreciably
— the price on the world market for frozen meat,                  from those of the majority of the products entering
     based on the most favourable purchasing opportu­             world trade ; whereas offer prices which the Commis­
     nities among those which are most representative,            sion believes, in view of general price movements or
     as regards quality and quantity, of the develop­             information available to it, not to be representative of
     ment of this market, plus customs duty and a                 real price trends in the country of origin must also be
     standard amount representing the specific costs              disregarded ;
     incurred in importing frozen meat ;
Whereas Article 1 of Council Regulation (EEC) No                  Whereas offers on the world market are converted
990/ 68 (3) of 15 July 1968 on general rules for fixing           into free-at-Community-frontier offers by taking into
the levy on certain kinds of frozen beef and veal                 account the normal transport and insurance costs of
provides that the guide price for the corresponding               which the Commission has knowledge ;
product is the guide price for adult bovine animals ;
whereas this guide price was fixed by Council Regula­
tion (EEC) No 667/74 (4) of 28 March 1974 ;                       Whereas the standard amount referred to in Article 13
Whereas the abovementioned coefficient, calculated                (2) (b) of Regulation (EEC) No 805/68 is fixed at 5-5
in accordance with the rules contained in Article 13              units of account per 100 kg ;
(2) of Regulation ( EEC) No 805/68 was fixed at 1-53
by Commission Regulation (EEC) No 2260/73 (5) of
                                                                  Whereas, as long as the world market price for frozen
17 August 1973 determining the bases for calculating              meat differs by less that 1 unit of account per 100 kg
the levy on certain kinds of frozen beef and veal, as
                                                                  from the world market price previously used, the latter
amended by Regulation (EEC) No 1 1 60/74 (6) ;                    price is maintained ;
Whereas Article 4 of Regulation (EEC) No 990/68
provides that the most favourable purchasing opportu­
                                                                  Whereas Article 13 (3) of Regulation ( EEC) No 805/
 ') OJ No L 148 , 28 . 6. 1968 , p. 24.                           68 provides that, for the frozen meat listed in Section
 2) OJ No L 25, 30 . 1 . 1973, p. 23 .                            (c) of the Annex to that Regulation under subheading
 3) OJ No L 169, 18. 7. 1968, p. 12.                              Nos 02.01 A II a) 2 bb), 02.01 A II a) 2 cc) and 02.01
4) OJ No L 85, 29 . 3 . 1974, p. 59 .
5 ) OJ No L 233, 21 . 8 . 1973 , p. 10 .                          A II a) 2 dd), the levy is equal to the levy on the
 6) See p. 32 of this Official Journal.                           product in the same Section under subheading No
 ---pagebreak--- No L 127/48                         Official Journal of the European Communities                                9 . 5 . 74
02.01 A II a) 2 aa) multiplied by the fixed coefficient       — for other currencies an exchange rate based on the
for each of the products in question ; whereas this                arithmetic mean of the spot market rates of each
coefficient was fixed in Annex I to Regulation (EEC)               of these currencies recorded for a given period, in
No 2260/73 ; whereas that Regulation also defines the              relation to the Community currencies referred to
requirements to be met by certain products for which               in the previous subparagraph ;
the levy is fixed by means of these coefficients ;
                                                               Whereas it follows from applying the provisions of
Whereas Article 13 (4) of Regulation (EEC) No 805/68           the abovementioned Regulations to the quotations
provides that, where free quotations on the world              and other information known to the Commission that
market are not a determining factor for the offer price        the levies on frozen meat should be fixed as shown in
and where that price is lower than these quotations, a         the Annex to this Regulation,
special price calculated on the basis of the offer price
is substituted, solely in respect of the imports in ques­
                                                               HAS ADOPTED THIS REGULATION :
tion, for the world market price for frozen meat
referred to in paragraph 2 of that Article ;
                                                                                       Article 1
Whereas, subject to the foregoing, the levy referred to
in Article 13 ( 1 ) of Regulation (EEC) No 805/68 is           The levies referred to in Article 13 of Regulation
fixed before the 25th day of each month and is appli­          (EEC) No 805/68 are fixed as shown in the Annex to
cable from the first Monday of the following month ;           this Regulation .
whereas, however, the levy is altered in the inter­
vening period if there is considerable fluctuation in                                   Article 2
the world market price for frozen meat ;
                                                               To   be classified as products  falling within :
Whereas, in accordance with Article 20 ( 1 ) of Regula­
tion (EEC) No 805/68 , the nomenclature provided for           —   subheading No     02.01 A   II a) 2 aa),
in this Regulation is incorporated in the Common               —    subheading No    02.01 A   II a) 2 bb) and cc),
 Customs Tariff ;                                              —    subheading No    02.01 A   II a) 2 dd) and 22 bbb).
Whereas, if the levy system is to operate normally,            Products must correspond to the definition for the
 levies should be calculated on the following basis :          product in question contained in Regulation (EEC)
                                                                No 2260 /73 .
— in the case of currencies which are maintained in
     relation to each other, at any given moment,                                       Article 3
     within a band of 2-25 % , a rate of exchange based
     on their effective parity ;                               This Regulation shall enter into force on 9 May 1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 May 1974.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- 9. 5 . 74                             Official Journal of the European Communities                                             No L 127/49
                                                                 ANNEX
                           Levies applicable from 9 May 1974 to imports from third countries (1)
                CCT                                                                                                Levy in
              heading                                      Description of goods                                  u.a./100 kg
                 No                                                                                              net weight
          02.01           Meat and edible offal's of the animals falling within heading No
                          01.01 , 01.02, 01.03 or 01.04, fresh, chilled or frozen :
                          A. Meat :
                              II. Of bovine animals :                                                                        V
                                  a) Of domestic bovine animals :
                                      2 . Frozen :
                                          aa)  Carcases, half-carcases or 'compensated' quarters                31-585
                                          bb)  Forequarters                                                     25-268 ( a)
                                          cc)  Hindquarters                                                     39-481
                                          dd)  Other :
                                              11 . Unboned (bone-in)                                            47-378
                                              22. Boned or boneless :
                                                     aaa) Forequarters, whole or cut into a maxi­
                                                          mum of five pieces, each quarter being in
                                                          a single block ; 'compensated' quarters in
                                                          two blocks, one of which contains the
                                                          forequarter, whole or cut into a maxi-<
                                                          mum of five pieces, and the other, the
                                                          hindquarter, excluding the tenderloin, in
                                                          one piece                                             39-481 (a)
                                                     bbb) Crop, chuck and blade and brisket cuts (b)            39-481 ( a)
                                                     ccc) Other                                                 54-326 ( a)
          (') Regulation (EEC) No 521/70 provides that the levies are not applied to imports into the French overseas
              departments of products originating in the AASM and CCT.
          (a) Subject to the provisions of Regulation (EEC) No 1063/74 ( OJ No L 119, 1 . 5 . 1974, p. 70) where these
               products are imported under the conditions set out in Article 14 of Council Regulation (EEC) No 805/68
               of 27 June 1968 and in the provisions adopted for its application , the levy is totally or partially suspended
               in accordance with these provisions .
          (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by
               the competent authorities of the European Communities .