CELEX: 31991R1827
Language: en
Date: 1991-06-28 00:00:00
Title: Commission Regulation (EEC) No 1827/91 of 27 June 1991 fixing the import levies on live cattle and on beef and veal other than frozen

28 . 6. 91                           Official Journal of the European Communities                             No L 166/45
                                  COMMISSION REGULATION (EEC) No 1827/91
                                                     of 27 June 1991
                     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
                                                                or less than the guide price, the levy applicable equals the
Having regard to Council Regulation (EEC) No 805/68 of          following percentage of the basic levy :
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)
No 1628/91 (2), and in particular Article 12 (8) thereof,       (a) 100 % where the market price is more than or equal
                                                                    to 98 % of the guide price ;
Having regard to the opinion of the Monetary Committee,         (b) 105 % where the market price is less than 98 % and
                                                                    more than or equal to 96 % of the guide price ;
                                                                (c) 110 % where the market price is less than 96 % and
Whereas under Article 9 of Regulation (EEC) No 805/68               more than or equal to 90 % of the guide price ;
a levy is applicable to the products specified in Article 1
(1 ) (a) of that Regulation ; whereas Article 12 fixes the      (d) 114% where the market price is less than 90 % of
amount of the levy applicable by reference to a percen­             the guide price ;
tage of the basic levy ;
Whereas in respect of bovine animals the basic levy is          Whereas pursuant to Article 10 (4) of Regulation (EEC)
determined on the basis of the difference between the           No 805/68 the basic levy on the meat specified in
guide price and the Community free-at-frontier offer            sections (a), (c) and (d) of the Annex hereto is equal to the
price plus the amount of the customs duty ; whereas the         basic levy determined for bovine animals, multiplied by a
Community free-at-frontier offer price is determined in         standard coefficient fixed for each of the products in
the light of the most representative purchasing possibili­      question ; whereas these coefficients are fixed by
ties, as regards quality and quantity, recorded over a          Commission Regulation (EEC) No 586/77 of 18 March
certain period for bovine animals and for the fresh or          1977 laying down rules for the application of levies on
chilled meat specified in section (a) of the Annex to the       beef and veal and amending Regulation (EEC) No 950/68
said Regulation under CN codes 0201 10 10, 0201 10 90,          on the Common Customs Tariff (3), as last amended by
0201 20 11 and 0201 20 19, account being taken in parti­        Regulation (EEC) No 3988/87 (4);
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
past experience ;                                               Whereas the guide prices for adult bovine animals for the
                                                                1991 /92' marketing year were fixed by Council Regulation
                                                                (EEC) No 1629/91 0 ;
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
(a) 75 % where the market price is less than or equal to        tive free-at-frontier offer prices of the Community deter­
      102 % of the guide price ;                                mined for the products of each of the categories and cuts
                                                                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.                            (4) OJ No L 376, 31 . 12. 1987, p. 31 .
(2) OJ No L 150, 15. 6. 1991 , p. 16.                           0 OJ No L 150, 15. 6. 1991 , p. 18 .
 ---pagebreak---  No L 166/46                             Official Journal of the European Communities                                 28 . 6. 91
Whereas, however, offer prices that do not correspond to           example, measures affecting the prices recorded on their
real purchasing possibilities or that relate to unrepresenta­      markets, the Commission may use the latest prices
tive quantitities should not be taken into account ;               recorded before the entry into force of such measures ;
whereas offer prices should also be excluded when the
movement of prices in general or the information avai­
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
                                                                   Whereas pursuant to Article 12 (6) of Regulation (EEC)
                                                                   No 805/68 the price of adult bovine animals on represen­
                                                                   tative Community markets is the price established on the
Whereas in cases where for one or more categories of               basis of prices recorded over a period to be determined 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 in respect of the various categories of adult bovine
price should be used for the calculation ;                         animals or of meat from such animals, after taking into
                                                                   account the size of each of these categories and the rela­
                                                                   tive size of the bovine herd of each Member State ;
Whereas if the free-at-frontier offer price differs by less
than ECU 0,60 per 100 kilograms of live weight from that
previously used for the calculation of the levy, the latter
price should be retained ;                                         Whereas the representative markets, categories and quali­
                                                                   ties of products and weighting coefficients are fixed in
                                                                   Annex II to Commission Regulation (EEC) No 610/77 of
                                                                   18 March 1977 on the determination of prices of adult
Whereas pursuant to Article 10 (3) of Regulation (EEC)             bovine animals on representative Community markets
No 805/68 a special basic levy is determined for certain           and the survey of prices of certain other cattle in the
third countries on the basis of the difference between the         Community (3), as last amended by Regulation (EEC) No
guide price and the average price recorded over a certain          1614/91 0 ;
period plus the amount of the customs duty ;
                                                                   Whereas, for Member States with several representative
Whereas Commission Regulation (EEC) No 611 /77 ('), as .           markets, the price of each category and quality is equal to
amended by Regulation (EEC) No 925/77 (2), provides                the arithmetic mean of the prices recorded on each of
that the special levy on products originating in and               those markets ; whereas, for representative markets held
coming from Austria, Sweden and Switzerland should be              several times in one period of seven days, the price of
determined on the basis of the weighted average of the             each category and quality is equal to the arithmetic mean
prices of adult bovine animals recorded on the representa­         of the prices recorded on each market day ; whereas in
tive markets of those third countries ; whereas the
                                                                   respect of Italy the price of each category and quantity is
weighting coefficients and representative markets are              equal to the average, weighted by the special weighting
specified in the Annexes to Regulation (EEC) No 611 /77 ;          coefficients fixed in Annex II to Regulation (EEC) No
                                                                   610/77, of the prices recorded in the surplus and deficit
                                                                   zones ; whereas the price recorded in the surplus zone is
                                                                   equal to the arithmetic mean of the prices recorded on
Whereas the average price is not to be used for calcula­           each of the markets within that zone ; whereas in respect
ting the special levy unless it is at least ECU 1,21 per 100       of the United Kingdom the weighted average prices of
kilograms of live weight more than the free-at-frontier            adult bovine animals recorded on the representative
offer price determined in accordance with Article 10 (2) of        markets of Great Britain on the one hand and Northern
Regulation (EEC) No 805/68 ;                                       Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II ;
Whereas if the average price differs by less than ECU 0,60
per 100 kilograms of live weight from that previously
used to calculate the levy, the latter may be retained ;           Whereas prices for the different categories and qualities
                                                                   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 in cases where one or more of the abovemen­                case of Italy, are first increased or reduced by the correc­
tioned third countries adopt, for reasons of health for            tive amounts fixed in the said Annex :
(') OJ No L 77, 25. 3. 1977, p. 14.                                (3) OJ No L 77, 25. 3. 1977, p. 1 .
h) OJ No L 109, 30. 4. 1977, p. 1 .                                (4) OJ No L 364, 28 . 12. 1990, p. 21 .
 ---pagebreak--- 28 . 6 . 91                            Official Journal of the European Communities                              No L 166/47
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
Whereas for such period as the price of adult bovine                 rate, multiplied by the coefficient provided for in the
animals recorded on representative Community markets                 last paragraph of Article 3 (1 ) of Council Regulation
differs by less then 0,24 ECU per 100 kilograms of live              (EEC) No 1676/85 (*), as last amended by Regulation
weight from the price previously used, the latter is                 (EEC) No 2205/90 (6),
retained :
                                                                 — for the other currencies, an exchange rate based on
                                                                     the ecu rates published in the Official Journal of the
                                                                     European Communities, C series, over a period to be
Whereas levies must be fixed having regard to the obliga­            determined, multiplied by the coefficient referred to
tions arising from international agreements concluded by             in the preceding indent ;
the Community ; whereas account should also be taken of
Council Regulation (EEC) No 314/83 of 24 January 1983
on the conclusion of the Cooperation Agreement between           Whereas, having regard to the provisions of the aforemen­
the European Economic Community and the Socialist                tioned Regulation, and in particular to the information
Federal Republic of Yugoslavia ('), and of Council Deci­         and quotations known to the Commission, the levies on
sion 87/605/EEC of 21 December 1987 on the conclu­               live cattle , and beef and veal other than frozen meat
sion of the additional Protocol to the Cooperation Agree­        should be as set out in the Annex hereto,
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 715/90 (3), as last
amended by Regulation (EEC) No 523/91 (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 Qn 1 July 1991 .
(') OJ No L 41 , 14. 2. 1983, p. 1 .
(2) OJ No L 389, 31 . 12. 1987, p. 72.
(3) OJ No L 84, 30. 3. 1990, p. 85.                              O OJ No L 164, 24. 6. 1985, p. 1 .
n Ol No L 149, 14. 6 . 1991 , p. 29 .                            (6) OJ No L 201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- No L 166/48                              Official Journal of the European Communities                                             28 . 6. 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 June 1991 .
                                                                                      For the Commission
                                                                                       Ray MAC SHARRY
                                                                                 Member of the Commission
                                                                 ANNEX
            to the Commission Regulation of 27 June                            1991    fixing    the import levies on
                                      live cattle and on beef and veal other than frozen
                                                                                                                   (ECU/100 kg)
                                                                                   Austria/Sweden/
                             CN code                        Yugoslavia (2)                              Other third countries
                                                                                     Switzerland
                                                                                     Live weight
                            0102 90 10                                                 26,638                 (') 124,192
                            0102 90 31                         21,788                  26,638                 (') 124,192
                            0102 90 33                                                 26,638                 (') 124,192
                            0102 90 35                         21,788                  26,638                 (■) 124,192
                            0102 90 37                         21,788                  26,638                 (') 124,192
                                                                                  — Net weight —
                            0201 10 10                                                 50,613                 (*) 235,964
                            0201 10 90                         41,397                  50,613                 (') 235,964
                            0201 20 21                                                 50,613                 0 235,964
                            0201 20 29                         41,397                  50,613                 O 235,964
                            0201 20 31                                                 40,491                 (') 188,771
                            0201 20 39                         33,118                  40,491                 (') 188,771
                            0201 20 51                         49,677                  60,736                 (*) 283,157
                            0201 20 59                         49,677                  60,736                 0283,157
                            0201 20 90                                                 75,919                 0 353,946
                            0201 30 00                                                 86,841                 0 404,864
                            0206 10 95                                                 86,841                 0 404,864
                            0210 20 10                                                 75,919                     353,946
                            0210 20 90                                                 86,841                     404,864
                            0210 90 41                                                 86,841                     404,864
                            0210 90 90                                                 86,841                     404,864
                            1602 50 10                                                 86,841                     404,864
                            1602 90 61                                                 86,841                     404,864
            (') In accordance with amended Regulation (EEC) No 715/90, levies are not applied to products imported directly
                into the French overseas departments, 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 the Commission Regulation (EEC) No
                1368/88 (OJ No L 126, 20 . 5. 1988, p. 26).