CELEX: 31985R0854
Language: en
Date: 1985-03-30 00:00:00
Title: Commission Regulation (EEC) No 854/85 of 28 March 1985 fixing the import levies on live cattle and on beef and veal other than frozen

30 . 3 . 85                         Official Journal of the European Communities                          No L 91 /65
                                  COMMISSION REGULATION (EEC) No 854/85
                                                   of 28 March 1985
                   fixing the import levies on live cattle and on beef and veal other than frozen
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 805/68            (a) 100 % where the market price is more than or
of 27 June 1968 on the common organization of the                   equal to 98 % of the guide price ;
market in beef and veal ('), as last amended by the Act        (b) 105 % where the market price is less than 98 %
of Accession of Greece (2), and in particular Article 1 2           and more than or equal to 96 % of the guide
(8) thereof,                                                        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                 (d) 114 % where the market price is less than 90 % of
805/68 a levy is applicable to the products specified in            the guide price ;
Article 1 (1 ) (a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to        Whereas pursuant to Article 10 (4) of Regulation (EEC)
a percentage 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
Whereas in respect of bovine animals the basic levy is          the basic levy determined for bovine animals, multi­
determined on the basis of the difference between the           plied by a standard coefficient fixed for each of the
guide price and the Community free-at-frontier offer            products in question ; whereas these coefficients are
price plus the amount of the customs duty ; whereas             fixed by Commission Regulation (EEC) No 586/77 of
the Community free-at-frontier offer price is deter­            18 March 1977 laying down rules for the application
mined in the light of the most representative purcha­           of levies on beef and veal and amending Regulation
sing possibilities, as regards quality and quantity,           (EEC) No 950/68 on the Common Customs Tariff (3),
recorded over a certain period for bovine animals and          as last amended by Regulation (EEC) No 31 14/83 (4) ;
for the fresh or chilled meat specified in section (a) of
the Annex to the said Regulation under subheadings             Whereas the guide prices for adult bovine animals to
02.01 A II a) 1 to 3, account being taken in particular        be applied from 2 April 1984 were fixed by Council
of the position with respect to supply and demand, of           Regulation (EEC) No 868/84 of 31 March 1984 (*),
world market prices for frozen meat of a category              extended by Regulation (EEC) No 822/85 (*) ;
which is competitive with fresh or chilled meat and of
past experience ;                                              Whereas Regulation (EEC) No 586/77 stipulates that
                                                                the basic levy is to be calculated according to the
Whereas if it is found that the price of adult bovine           method set out in its Article 3 and on the basis of all
animals on representative Community markets is                  the representative free-at-frontier offer prices of the
higher than the guide price, the levy applicable equals         Community determined for the products of each of
the following percentage of the basic levy :                    the categories and cuts specified in Article 2 and
                                                               established principally by reference to the prices speci­
(a) 75 % where the market price is less than or equal           fied in the customs documents accompanying
     to 102% of the guide price ;                               products imported from third countries or from other
(b) 50 % where the market price is more than 102 %              information concerning export prices obtaining in
     and less than or equal to 104 % of the guide               those third countries ;
     price ;
(c) 25 % where the market price is more than 104 %             Whereas, however, offer prices that do not correspond
     and less than or equal to 106 % of the guide               to real purchasing possibilities or that relate to unre­
     price ;                                                    presentative quantitities should not be taken into
                                                                account ; whereas offer prices should also be excluded
(d) 0 % where the market price is more than 106 %
     of the guide price ;
                                                               O   OJ  No L 75, 23 . 3 . 1977, p. 10 .
                                                               (4) OJ  No L 303, 5. 11 . 1983, p. 16.
(') OJ No L 148 , 28 . 6. 1968 , p. 24.                        (*) OJ  No L 90, 1 . 4. 1984, p. 30 .
(2) OJ No L 291 , 19. 11 . 1979, p. 17.                        (6) See page 3 of this Official Journal .
 ---pagebreak--- No L 91 /66                          Official Journal of the European Communities                              30 . 3 . 85
when the movement of prices in general or the infor­           of adult bovine animals or of meat from such animals,
mation available suggests that they are unrepresenta­          after taking into account the size of each of these cate­
tive of the true trend of prices in the country of             gories and the relative size of the bovine herd of each
origin ;                                                       Member State :
Whereas in cases where for one or more categories of
bovine animals or cuts of meat a free-at-frontier offer        Whereas the prices of adult bovine animals recorded
price cannot be established, the most recent available         on the representative market or markets of each
price should be used for the calculation ;                     Member State are equal to the average, weighted by
                                                               the appropriate coefficients, of the prices for the
Whereas if the free-at-frontier offer price differs by         various qualities of adult bovine animals or meat of
less than 0,60 ECU per 100 kilograms of live weight            such animals over a period of seven days in that
from that previously used for the calculation of the           Member State at a particular wholesale marketing
levy, the latter price should be retained ;                    stage ; whereas, for the 1984/85 marketing year, the
                                                               price of adult bovine animals recorded on the repre­
Whereas pursuant to Article 10 (3) of Regulation (EEC)         sentative market or markets of the United Kingdom
No 805/68 a special basic levy is determined for               shall be corrected by the amount of the premium
certain third countries on the basis of the difference         granted to producers under Regulation (EEC) No
between the guide price and the average price                  1063/84 (3) ; whereas the representative markets, cate­
recorded over a certain period plus the amount of the          gories and qualities of products and weighting coeffi­
customs duty ;                                                 cients are fixed in Annex II to Commission Regula­
                                                               tion (EEC) No 610/77 of 18 March 1977 on the deter­
                                                               mination of prices of adult bovine animals on repre­
Whereas Commission Regulation (EEC) No 611 /77 of              sentative Community markets and the survey of prices
18 March 1977 ('), as amended by Regulation (EEC)              of certain other cattle in the Community (4), as last
No 925/77 (2), provides that the special levy on               amended by Regulation (EEC) No 2019/84 Is);
products originating in and coming from Austria,
Sweden and Switzerland should be determined on the
basis of the weighted average of the prices of adult
bovine animals recorded on the representative markets          Whereas, for Member States with several representative
of those third countries ; whereas the weighting coeffi­       markets, the price of each category and quality is equal
cients and representative markets are specified in the         to the arithmetic mean of the prices recorded on each
Annexes to Regulation (EEC) No 611 /77 ;                       of those markets ; whereas, for representative markets
                                                               held several times in one period of seven days, the
                                                               price of each category and quality is equal to the arith­
Whereas the average price is not to be used for calcu­
                                                               metic mean of the prices recorded on each market
lating the special levy unless it is at least 1,21 ECU per
                                                               day ; whereas in respect of Italy the price of each cate­
100 kilograms of live weight more than the free-at­
                                                               gory and quantity is equal to the average, weighted by
frontier offer price determined in accordance with
                                                               the special weighting coefficients fixed in Annex II to
Article 10 (2) of Regulation (EEC) No 805/68 ;
                                                               Regulation (EEC) No 610/77, of the prices recorded in
                                                               the surplus and deficit zones ; whereas the price
Whereas if the average price differs by less than 0,60         recorded in the surplus zone is equal to the arithmetic
ECU per 100 kilograms of live weight from that                 mean of the prices recorded on each of the markets
previously used to calculate the levy, the latter may be       within that zone ; whereas in respect of the United
retained ;                                                     Kingdom the weighted average prices of adult bovine
                                                               animals recorded on the representative markets of
Whereas in cases where one or more of the abovemen­            Great Britain on the one hand and Northern Ireland
tioned third countries adopt, for reasons of health for        on the other are adjusted by the coefficient fixed in
example, measures affecting the prices recorded on             the abovementioned Annex II :
their markets, the Commission may use the latest
prices recorded before the entry into force of such
measures ;
                                                               Whereas prices for the different categories and quali­
                                                                ties not obtained from prices which are 'live weight
Whereas pursuant to Article 1 2 (6) of Regulation (EEC)        excluding tax' are multiplied by the live weight
No 805/68 the price of adult bovine animals on repre­           conversion coefficients fixed in Annex II to the said
sentative Community markets is th price established             Regulation and, in the case of Italy, are first increased
on the basis of prices recorded over a priod to be              or reduced by the corrective amounts fixed in the said
determined on the representative market or markets of           Annex :
each Member State in respect of the various categories
                                                                (■') OJ No L 105, 18 . 4. 1984, p. 1 .
(') OJ No L 77, 25 . 3 . 1977, p. 14.                           (<) OJ No L 77, 25. 3. 1977, p. 1 .
(2) OJ No L 109, 30 . 4. 1977, p. 1 .                           0 OJ No L 187, 14. 7. 1984, p. 48 .
 ---pagebreak---    30 . 3 . 85                             Official Journal of the European Communities                          No L 91 /67
   Whereas if one or more Member States, for veterinary               Whereas, pursuant to Article 33 (2) of Regulation
  or health reasons for example, adopt measures affec­                (EEC) No 805/68 , the nomenclature provided for in
  ting the normal trend of prices recorded on their                   this Regulation is incorporated in the Common
  markets the Commission may disregard the prices                     Customs Tariff ;
  recorded on the market or markets in question, or use              Whereas the levies and special levies are fixed before
  the latest prices recorded on the market or markets in              the 27th day of each month and are applicable from
  question before the entry into force of such measures ;             the first Monday of the following month ; whereas
  Whereas, in the absence of information, prices                      these levies may be altered in the period between two
  recorded on representative Community markets are                    fixings where the basic levy or special basic levy is
  determined mainly by reference to the most recently                altered, or in the case of changes in the prices
  recorded prices ;                                                  recorded on Community representative markets ;
  Whereas for such period as the price of adult bovine               Whereas, if the levy system is to operate normally,
  animals recorded on representative Community                       levies should be calculated on the following basis :
  markets differs by less then 0,24 ECU per 100 kilo­                — in the case of currencies which are maintained in
 grams of live weight from the price previously used,                     relation to each other at any given moment within
  the latter is retained ;                                                a band of 2,25 % , a rate of exchange based on
 Whereas the levies should be so fixed that the obliga­                   their central rate, multiplied by the coefficient
 tions arising from international agreements concluded                    provided for in Article 2b (2) of Council Regula­
 by the Community continue to be fulfilled ; whereas,                     tion (EEC) No 974/71 (*), as last amended by Regu­
 moreover, account should be taken of Council Regula­                     lation (EEC) No 855/84 (*),
 tion (EEC) No 314/83 of 24 January 1983 on the                      — for other currencies, an exchange rate based on the
 conclusion of the Cooperation Agreement between the                      arithmetic mean of the spot market rates of each of
 European Economic Community and the Socialist                            these currencies recorded over a given period in
 Federal Republic of Yugoslavia ('), of Council Regula­                   relation to the Community currencies referred to
 tion (EEC) No 287/82 of 3 February 1982 establishing                     in the previous indent and the aforesaid coeffi­
 the arrangements applicable to imports of products                       cient ;
 originating in Yugoslavia to take account of the acces­
 sion of the Hellenic Republic to the Community (2),                 Whereas, having regard to the provisions of the afore­
 and of Council Regulation (EEC) No 3349/81 of 24                    mentioned Regulation, and in particular to the infor­
 November 1981 providing for a reduction in the levy                 mation and quotations known to the Commission, the
                                                                     levies on live cattle and beef and veal other than
 applicable to imports into the Community of certain
                                                                     frozen meat should be as set out in the Annex hereto,
 beef and veal products originating in and coming from
 Yugoslavia (3) ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 486/85 (4) lays
 down the arrangements applicable on agricultural                                             Article 1
 products and certain goods resulting from the proces­               The import levies on live cattle and beef and veal
sing of agricultural products originating in the African,            other than frozen meat shall be as set out in the
 Caribbean and Pacific States or in the overseas coun­               Annex hereto.
 tries and territories ;
                                                                                              Article 2
Whereas the various cuts of beef and veal are defined
 in Regulation (EEC) No 586/77 ;                                    This Regulation shall enter into force on 1 April 1985.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at ' Brussels, 28 March 1985.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
(')  OJ    No  L 41 , 14. 2. 1983, p. 1 .
(2)  OJ    No  L 30, 6. 2. 1982, p. 1 .
0    OJ    No  L 339, 26. 11 . 1981 , p. 1 .                        0 OJ No L 106, 12. 5. 1971 , p. 1 .
O    OJ    No  L 61 , 1 . 3 . 1985, p. 4.                           (6) OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 91 /68                         Official Journal of the European Communities                                     30 . 3 . 85
                                                           ANNEX
            to the Commission Regulation of 28 March 1985 fixing the import levies on
            live cattle and on beef and veal other than frozen (') for the period beginning
                                                         1 April 1985
                                                                                                       (ECU/100 kg)
                                                                           Austria/Sweden/
                        CCT heading No                Yugoslavia (2)                         Other third countries
                                                                              Switzerland
                                                                          — Live weight —
            01.02 A II (a)                                53,790               23,576               122,641
                                                                          — Net weight —
            02.01 A II a) 1                             102,201                44,795               233,018
            02.01 A II a) 2                               81,761               35,836               186,415
            02.01 A II a) 3                             122,641                53,754               279,621
            02.01 A II a) 4 aa)                                                67,193               349,527
            02.01 A II a) 4 bb)                                                76,859               399,811
            02.06 C I a) 1                                                     67,193               349,527
            02.06 C I a) 2                                                     76,859               399,811
            16.02 Bill b) 1 aa)                                                76,859               399,811
            (') 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
                 1725/80 (OJ No L 170, 3 . 7. 1980, p. 4).
            (a) 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 Regula­
                 tion (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.