CELEX: 31985R1168
Language: en
Date: 1985-05-06
Title: Commission Regulation (EEC) No 1168/85 of 3 May 1985 fixing the import levies on live cattle and on beef and veal other than frozen

No L 121 /8                          Official Journal of the European Communities                                6. 5 . 85
                                 COMMISSION REGULATION (EEC) No 1168/85
                                                      of 3 May 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 ;
                                                                 (c) 110 % where the market price is less than 96 %
 Having regard to the opinion of the Monetary                        and more than or equal to 90 % of the guide
 Committee,
                                                                     price ;
Whereas under Article 9 of Regulation (EEC) No                   (d) 1 14 % 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 1 0 (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 (*), as
world market prices for frozen meat of a category                last extended by Regulation (EEC) No 1 1 65/85 ;
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 ;
                                                                (3) 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.                         0   OJ   No L 90, 1 . 4. 1984, p. 30.
0 OJ No L 291 , 19 . 11 . 1979 , p. 17.                         (6) See  page 4 of this Official Journal.
 ---pagebreak--- 6. 5. 85                             Official Journal of the European Communities                          No L 121 /9
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, tl>e
Whereas the average price is not to be used for calcu­         price of each category and quality is equal to the arith­
                                                               metic mean of the prices recorded on each market
lating the special levy unless it is at least 1,21 ECU per
100 kilograms of live weight more than the free-at­            day ; whereas in respect of Italy the price of each cate­
frontier offer price determined in accordance with             gory and quantity is equal to the average, weighted by
Article 10 (2) of Regulation (EEC) No 805/68 ;                 the special weighting coefficients fixed in Annex II to
                                                               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 <5f 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 12 (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
                                                               (3 OJ No L 105, 18 . 4. 1984, p. 1 .
(') OJ No L 77, 25. 3 . 1977, p. 14.                           (4) OJ No L 77, 25. 3. 1977, p. 1 .
(2) OJ No L 109 , 30 . 4. 1977, p. 1 .                         (4 OJ No L 187, 14. 7. 1984, p. 48.
 ---pagebreak---   No L 121 / 10                         Official Journal of the European Communities                              6. 5. 85
 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 bf 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 6 May 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 May 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 .
(3) OJ  No  L 339, 26. 11 . 1981 , p . 1 .                        O OJ No L 106, 12. 5. 1971 , p. 1 .
(4) OJ  No  L 61 , 1 . 3 . 1985, p. 4.                            («) OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 6. 5. 85                         Official Journal of the European Communities                                   No L 121 / 11
                                                        ANNEX
         to the Commission Regulation of 3 May 1985 fixing the import levies on
         live cattle and on beef and veal other than frozen (?) for the period beginning
                                                      6 May 1985
                                                                                                    (ECU/100 kg)
                                                                        Austria/Sweden/
                     CCT heading No                Yugoslavia (2)          Switzerland
                                                                                          Other third countries
                                                                       — Live weight —
         01.02 A II (a)                               56,110                23,576               127,931
                                                                       — Net weight —
         02.01 A II a) 1                             106,609                44,795               243,069
         02.01 A II a) 2                              85,287                35,836               194,454
         02.01 A II a) 3                             127,931                 53,754              291,683
         02.01 A II a) 4 aa)                                                 67,193              364,603
         02.01 A II a) 4 bb)                                                76,859               417,054
         02.06 C I a) 1                                                      67,193              364,603
         02.06 C I a) 2                                                      76,859              417,054
         16.02 B III b) 1 aa)                                               76,859             . 417,054
         (') In accordance with Regulation (EEC) No 435/80, 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.