CELEX: 31978R2737
Language: en
Date: 1978-11-25 00:00:00
Title: Commission Regulation (EEC) No 2737/78 of 24 November 1978 fixing the import levies on live cattle and beef and veal other than frozen meat

25. 11 . 78                         Official Journal of the European Communities                            No L 330/5
                                 COMMISSION REGULATION (EEC) No 2737/78
                                                of 24 November 1978
                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 (J), as last amended by        (b) 105 % where the market price is less than 98 %
Regulation (EEC) No 425/77 (2), and in particular
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
                                                               (EEC) No 805/68 the basic levy on the meat specified
Whereas in respect of bovine animals the basic levy is         in sections (a), (c) and (d) of the Annex thereto is equal
determined on the basis of the difference between the          to the basic levy determined for bovine animals, multi­
guide price and the Community free-at-frontier offer           plied by a standard coefficient fixed for each of the
price plus the amount of the customs duty ; whereas            products in question ; whereas these coefficients are
the Community free-at-frontier offer price is deter­           fixed by Regulation (EEC) No 586/77 (3), as amended
mined in the light of the most representative                  by Regulation (EEC) No 2658/78 (4) ;
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 22 May 1978 were fixed by Council
section (a) of the Annex to the said Regulation under          Regulation (EEC) No 995/78 of 12 May 1978(5);
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-frontiei
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 tc
     to 102% of the guide price ;                              the prices specified in the customs documents accom­
(b) 50 % where the market price is more than 102 %             panying products imported from third countries oi
     and less than or equal to 104 % 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
                                                               presentative quantities should not be taken intc
(d) 0 % where the market price is more than 106 %              account ; whereas offer prices should also be excluded
     of the guide price ;
                                                               (3) OJ No L 75, 23. 3. 1977, p. 10.
(») OJ No L 148, 28. 6. 1968, p. 24.                           (4) OJ No L 320, 14. 11 . 1978, p. 10.
(2) OJ No L 61 , 5. 3. 1977, p. 1 .                            (5) OJ No L 130, 18. 5. 1978, p. 1 .
 ---pagebreak---  No L 330/6                          Official Journal of the European Communities                            25. 11 . 78
 when the movement of prices in general or the infor­           markets of each Member State in respect of the
 mation available suggests that they are unrepresenta­          various categories of adult bovine animals or of meat
 tive of the true trend of prices in the country of             from such animals, after taking into account the size
 origin ;                                                       of each of these categories and the relative size of the
                                                                bovine herd of each Member State ;
Whereas in cases where for one or more categories of
 bovine animals or cuts of meat a free-at-frontier offer
 price cannot be established, the most recent available         Whereas the prices of adult bovine animals recorded
 price should be used for the calculation ;                     on the representative market or markets of each
                                                                Member State are equal to the average, weighted by
Whereas if the free-at-frontier offer price differs by
                                                                the appropriate coefficients, of the prices for the
                                                               various qualities of adult bovine animals or meat of
 less than 0-50 unit of account per 100 kilograms of
                                                                such animals over a period of seven days in that
 live weight from that previously listed for the calcula­       Member State at a particular wholesale marketing
 tion of the levy, the latter price should be retained ;
                                                                stage ; whereas the representative markets, categories
                                                                and qualities of products and weighting coefficients
Whereas pursuant to Article 10(3) of Regulation                 are fixed in Annex II to Commission Regulation
(EEC) No 805/68 a special basic levy is determined              (EEC) No 610/77 of 18 March 1977 on the determina­
 for certain third countries on the basis of the differ­        tion of prices of adult bovine animals on representa­
ence between the guide price and the average price              tive Community markets and the survey of prices of
 recorded over a certain period plus the amount of the          certain other cattle in the Community (3), as last
customs duty ;                                                  amended by Regulation (EEC) No 1029/78 (4) ;
Whereas Commission Regulation (EEC) No 611 /77 of
 18 March 1977 (*), as amended by Regulation (EEC)             Whereas, for Member States with several representa­
 No 925/77 (2), provides that the special levy on               tive markets, the price of each category and quality is
products originating in and coming from Austria,                equal to the arithmetic mean of the prices recorded
Sweden and Switzerland should be determined on the             on each of those markets ; whereas, for representative
basis of the weighted average of the prices of adult            markets held several times in one period of seven
bovine animals recorded on the representative markets           days, the price of each category and quality is equal to
of those third countries ; whereas the weighting coeffi­        the arithmetic mean of the prices recorded on each
cients and representative markets are specified in the         market day ; whereas in respect of Italy the price of
Annexes to Regulation (EEC) No 611 /77 ;                       each category and quantity is equal to the average,
                                                               weighted by the special weighting coefficients fixed in
Whereas the average price is not to be used for calcu­         Annex II to Regulation (EEC) No 610/77, of the
 lating the special levy unless it is at least one unit of     prices recorded in the surplus and deficit zones ;
account per 100 kilograms of live weight more than             whereas the price recorded in the surplus zone is
the free-at-frontier offer price determined in accor­          equal to the arithmetic mean of the prices recorded
dance with Article 10(2) of Regulation (EEC) No                on each of the markets within that zone ; whereas in
805/68 ;                                                       respect of the United Kingdom the weighted average
                                                               prices of adult bovine animals recorded on the repre­
                                                               sentative markets of Great Britain on the one hand
Whereas if the average price differs by less than 0-50         and Northern Ireland on the other are adjusted by the
unit of account per 100 kilograms of live weight from          coefficient fixed in the abovementioned Annex II ;
that previously used to calculate the levy, the latter
may be retained ;
                                                               Whereas prices for the different categories and quali­
Whereas in cases where one or more of the abovemen­
                                                               ties not obtained from prices which are iive weight
tioned third countries adopt, for reasons of health for        excluding tax' are multiplied by the live weight conver­
example, measures affecting the prices recorded on             sion coefficients fixed in Annex II to the said Regula­
their markets, the Commission may use the latest               tion and, in the case of Italy, are first increased or
prices recorded before the entry into force of such            reduced by the corrective amounts fixed in the said
measures ;                                                     Annex :
Whereas pursuant to Article 12(6) of Regulation
(EEC) No 805/68 the price of adult bovine animals on           Whereas if one or more Member States, for veterinary
representative Community markets is the price esta­            or health reasons for example, adopt measures
blished on the basis of prices recorded over a period          affecting the normal trend of prices recorded on their
to be determined on the representative market or               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) OJ No L 109, 30. 4. 1977, p. 1 .                           (4) OJ No L 132, 20. 5. 1978, p. 63.
 ---pagebreak--- 25. 11 . 78                          Official Journal of the European Communities                        No L 330/7
 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 as amended by Regulation (EEC)               Regulation,
 No 2862/77 (2) and extended by Regulation (EEC) No
2185/78 (3);
                                                                HAS ADOPTED THIS REGULATION :
Whereas the various cuts of beef and veal are defined
 in Regulation (EEC) No 586/77 ;                                                        Article 1
Whereas, pursuant to Article 33 (2) of Regulation
(EEC) No 805/68, the nomenclature used in this Regu­           The import levies on live cattle and beef and veal
lation is incorporated in the Common Customs                    other than frozen meat shall be as specified in the
Tariff ;                                                       Annex to this Regulation.
Whereas the levies and special levies are fixed before                                  Article 2
the 27th day of each month and are applicable from
the first Monday of the following month ; whereas              This Regulation shall enter into force on 4 December
these levies may be altered in the period between two           1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 24 November 1978.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President
(1) OJ No L 224, 13. 8. 1973, p. 1 .
(2) OJ No L 330, 23. 12. 1977, p. 9.
(*) OJ No L 258, 21 . 9. 1978, p. 9.
 ---pagebreak--- No L 330/8                                   Official Journal of the European Communities                                                          25. 11 . 78
                                                                           ANNEX
           to the Commission Regulation of 24 November 1978 fixing the import levies on live cattle
              and on beef and veal other than frozen (l) for the period beginning 4 December 1978
                                                                                                                                     (u.a./100 kg)
                                  CCT heading No                             Austria/Sweden/Switzerland             Other third countries
                                                                                                   — Live weight —
           01.02 A II a) (a)                                                                                               55-723
           01.02 A lib) (b)                                                            30.952                             62-278
                                                                                                    — Net weight —
           02.01 Alia) 1 aa) (a)                                                                                         105-873
           02.01 A II a) 1 bb)                                                         58.809                            118.329
           02.01 A II a) 2 aa) (a)                                                      —                                  84-699
           02.01 A II a) 2 bb)                                                         47.048                             94-663
           02.01 A II a) 3 aa) (a)                                                      —                                127-047
           02.01 A II a) 3 bb)                                                         70.571                            141.994
           02.01 A II a) 4 aa)                                                         88.213                            177.493
           02.01 A II a) 4 bb)                                                        100.904                            203-027
           02.06 C I a) 1                                                              88-213                            177-493
           02.06 C I a) 2                                                             100.904                            203.027
            16.02 B III b) 1 aa)                                                      100-904                            203-027
           (') 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.