CELEX: 31990R1063
Language: en
Date: 1990-04-28 00:00:00
Title: Commission Regulation (EEC) No 1063/90 of 27 April 1990 fixing the import levies on live cattle and on beef and veal other than frozen

28 . 4. 90                              Official Journal of the European Communities                              No L 108/27
                                    COMMISSION REGULATION (EEC) No 1063/90
                                                       of 27 April 1990
                    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 :
Having regard to Council Regulation (EEC) No 805/68 of             (a) 100 % where the market price is more than or equal
27 June 1968 on the common organization of the market                   to 98 % of the guide price ;
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
tage of the basic levy ;                                           Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                   No 805/68 the basic levy on the meat specified in
                                                                   sections (a),..(c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is             basic levy determined for bovine animals, multiplied by a
determined on the basis of the difference between the              standard coefficient fixed for each of the products in
guide price ' and the Community free-at-frontier offer             question ; whereas these coefficients are fixed by
 price plus the amount of the customs duty ; whereas the           Commission Regulation (EEC) No 586/77 of 18 March
 Community free-at-frontier offer price is determined in            1977 laying down rules for the application of levies on
 the light of the most representative purchasing possibili­        beef and veal and amending Regulation (EEC) No 950/68
 ties, as regards quality and quantity, recorded over a            on the Common Customs Tariff (3), as last amended by
 certain period for bovine animals and for the fresh or            Regulation (EEC) No 3988/87 (4) ;
 chilled meat specified in section (a) of the Annex to the
 said Regulation under GN 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 1 May 1989 were fixed by Council Regula­
 of world market prices for frozen meat of a category              tion (EEC) No 11 18/89 (*) ; whereas Council Regulation
 which is competitive with fresh or chilled meat and of            (EEC) No 1055/90 (*) has extended the 1989/90 marke­
 past experience ;                                                  ting year for beef and veal ;
 Whereas if it is found that the price of adult bovine
 animals on representative Community markets is higher             Whereas Regulation (EEC) No 586/77 stipulates that the
 than the guide price, the levy applicable equals the follo­        basic levy is to be calculated according to the method set
 wing percentage of the basic levy :                                out in its Article 3 and on the basis of all the representa­
                                                                    tive free-at-frontier offer prices of the Community deter­
 (a) 75 % where the market price is less than or equal to           mined for the products of each of the categories and cuts
      1 02 % of the guide price ;                                   specified in Article 2 and established principally by
                                                                    reference to the prices specified in the customs docu­
 (b) 50 % where the market price is more than 102 % and             ments accompanying products imported from third coun­
      less than or equal to 1 04 % of the guide price ;             tries or from other information concerning export prices
                                                                    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 price ;
                                                                    (3) OJ  No L 75, 23 . 3. 1977, p. 10 .
                                                                    («) OJ  No L 376, 31 . 12. 1987, p. 31 .
•(») OJ No L 148 , 28 . 6. 1968, p. 24.                             0   OJ  No L 118, 29 . 4. 1989 .
 0 OJ No L 61 , 4. 3. 1989, p. 43.                                  (6) See page 9 of this Official Journal.
 ---pagebreak--- No L 108/28                             Official Journal of the European Communities                                  28 . 4. 90
Whereas, however, offer prices that do not correspond to          State in respect of the various categories of adult bovine
real purchasing possibilities or that relate to unrepresenta­     animals or of meat from such animals, after taking into
tive quantitities should not be taken into account ;              account the size of each of these categories and the rela­
whereas offer prices should also be excluded when the             tive size of the bovine herd of each Member State ;
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 the prices of adult bovine animals recorded on
Whereas in cases where for one or more categories of              the representative market or markets of each Member
bovine animals or cuts of meat a free-at-frontier offer           State are equal to the average, weighted by the appropriate
price cannot be established, the most recent available            coefficients, of the prices for the various qualities of adult
price should be used for the calculation ;                        bovine animals or meat of such animals over a period of
                                                                  seven days in that Member State at a particular wholesale
                                                                  marketing stage ; whereas, the price of adult bovine
Whereas if the free-at-frontier offer price differs by less       animals recorded on the representative market or markets
than ECU 0,60 per 100 kilograms of live weight from that          of the United Kingdom shall be corrected by the amount
previously used for the calculation of the levy, the latter       of the premium granted to producers under Regulation
price should be retained ;                                        (EEC) No 1347/86 (3), as last amended by Regulation
                                                                  (EEC) No 4132/88 (4) ; whereas the representative markets,
                                                                  categories and qualities of products and weighting coeffi­
Whereas pursuant to Article 10 (3) of Regulation (EEC)
                                                                  cients are fixed in Annex II to Commission Regulation
No 805/68 a special basic levy is determined for certain          (EEC) No 610/77 of 18 March 1977 on the determination
third countries on the basis of the difference between the
                                                                  of prices of adult bovine animals on representative
guide price and the average price recorded over a certain         Community markets and the survey of prices of certain
period plus the amount of the customs duty ;                      other cattle in the Community ^, as last amended by
                                                                  Regulation (EEC) No 1646/89 (*);
Whereas Commission Regulation (EEC) No 611 /77 ('), as
amended by Regulation (EEC) No 925/77 (2), provides
that the special levy on products originating in and
coming from Austria, Sweden and Switzerland should be
determined on the basis of the weighted average of the            Whereas, for Member States with several representative
prices of adult bovine animals recorded on the representa­        markets, the price of each category and quality is equal to
tive markets of those third countries ; whereas the               the arithmetic mean of the prices recorded on each of
weighting coefficients and representative markets are             those markets ; whereas, for representative markets held
specified in the Annexes to Regulation (EEC) No 611 /77 ;          several times in one period of seven days, the price of
                                                                   each category and quality is equal to the arithmetic mean
                                                                   of the prices recorded on each market day ; whereas in
Whereas the average price is not to be used for calcula­           respect of Italy the price of each category and quantity is
ting the special levy unless it is at least ECU 1,21 per 100       equal to the average, weighted by the special weighting
kilograms of live weight more than the free-at-frontier            coefficients fixed in Annex II to Regulation (EEC) No
offer price determined in accordance with Article 10 (2) of        610/77, of the prices recorded in the surplus and deficit
Regulation (EEC) No 805/68 ;                                       zones ; whereas the price recorded in the surplus zone is
                                                                   equal to the arithmetic mean of the prices recorded on
                                                                   each of the markets within that zone ; whereas in respect
Whereas if the average price differs by less than ECU 0,60         of the United Kingdom the weighted average prices of
per 100 kilograms of live weight from that previously              adult bovine animals recorded on the representative
used to calculate the levy, the latter may be retained ;           markets of Great Britain on the one hand and Northern
                                                                   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
 recorded before the entry into force of such measures ;           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
Whereas pursuant to Article 12 (6) of Regulation (EEC)             cients fixed in Annex II to the said Regulation and, in the
 No 805/68 the price of adult bovine animals on represen­          case of Italy, are first increased or reduced by the correc­
 tative Community markets is the price established on the          tive amounts fixed in the said Annex ;
 basis of prices recorded over a period to be determined on
 the representative market or markets of each Member
                                                                   f) OJ  No   L 119, 8. 5. 1986, p. 40.
                                                                   O  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 .
 O OJ No L 109, 30. 4. 1977, p. 1 .                                «  OJ  No   L 162, 13. 6. 1989, p. 22.
 ---pagebreak--- 28 . 4. 90                              Official Journal of the European Communities                                No L 108/29
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 (4), as last amended by Regulation
weight from the price previously used, the latter is                    (EEC) No 1636/87 0,
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
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) lays
down the arrangements applicable on agricultural
products and certain goods resulting from the processing
of agricultural products originating in the African, Carib­                                   Article 1
bean 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
                                                                   present Regulation.
Whereas the various cuts of beef and veal are defined in
 Regulation (EEC) No 586/77 ;
                                                                                              Article 2
Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 No 805/68, the nomenclature provided for in this Regula­
 tion is incorporated in the combined nomenclature ;
                                                                   This Regulation shall enter into force on 30 April 1990.
 (') OJ No L 41 , 14. 2. 1983, p. 1 .
 (2) OJ No L 389, 31 . 12. 1987, p. 72.                             (4) OJ No L 164, 24. 6. 1985, p. 1 .
 (3) OJ No L 84, 30. 3. 1990, p. 85.                                O OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 108/30                    Official Journal of the European Communities                        28 . 4. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 April 1990 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- 28 . 4. 90                             Official Journal of the European Communities                                               No L 108/31
                                                                ANNEX
           to the Commission Regulation of 27 April 1990 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                                                 22,686                 (>) 129,914
                           0102 90 31                         22,792                  22,686                 (') 129,914
                           0102 90 33                                                 22,686                 (') 129,914
                           0102 90 35                         22,792                  22,686                 0)129,914
                           0102 90 37                         22,792                  22,686                 (>) 129,914
                                                                                 — Net weight —
                           0201 10 10                                                 43,103                 (>) 246,837
                           0201 10 90                         43,305                  43,103                 (') 246,837
                           0201 20 21                                                 43,103                 (') 246,837
                           0201 20 29                         43,305                  43,103                 (') 246,837
                           0201 20 31                                                 34,483                 (>) 197,470
                           0201 20 39                         34,644                  34,483                 (') 197,470
                           0201 20 51                         51,966                  51,724                 0 296,205
                           0201 20 59                         51,966                  51,724                 (') 296,205
                           0201 20 90                                                 64,655                  (') 370,256
                           0201 30 00                                                 73,956                 (') 423,521
                           0206 10 95                                                 73,956                  0 423,521
                           0210 20 10                                                 64,655                      370,256
                           0210 20 90                                                 73,956                      423,521
                           0210 90 41                                                 73,956                      423,521
                           0210 90 90                                                 73,956                      423,521
                           1602 50 10                                                 73,956 .                    423,521
                           1602 90 61                                                 73,956 -                    423,521
           (1) In accordance with Regulation (EEC) No 71 5/90, 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 Regulation (EEC) No 1368/88 (OJ No
               L 126, 20 5. 1988 , p. 26).