CELEX: 31979R0899
Language: en
Date: 1979-05-05 00:00:00
Title: Commission Regulation (EEC) No 899/79 of 4 May 1979 fixing the import levies on live cattle and on beef and veal other than frozen

No L 112/ 10                          Official Journal of the European Communities                               5. 5 . 79
                                   COMMISSION REGULATION ( EEC) No 899/79
                                                      of 4 May 1979
               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                    (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 ('), as last amended by          (b) 105 % where the market price is less than 98 %
Regulation (EEC) No 425/77 (2), and in particular                    and more than or equal to 96 % of the guide
Article 12(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
805/68 a levy is applicable to the products specified in        (d) 114% where the market price is less than 90%
                                                                     of the guide price ;
Article 1 ( l)(a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to
a percentage of the basic levy ;                                Whereas pursuant to Article 1 0 (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 last
mined in the light of the most representative                   amended by Regulation (EEC) No 882/79 (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
                                                                on the basis of all the representative free-at-frontier
higher than the guide price, the levy applicable equals         offer prices of the Community determined for the
the following percentage of the basic levy :
                                                                 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 to
     to 1 02 % of the guide price ;                              the prices specified in the customs documents accom­
                                                                 panying products imported from third countries or
(b) 50 % where the market price is more than 102 %               from other information concerning export prices
     and less than or equal to 104% of the guide                 obtaining in 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 quantities should not be taken into
(d) 0 % where the market price is more than 106 %                account ; whereas offer prices should also be excluded
     of the guide price ;
                                                                 (>) OJ No L 75, 23 . 3 . 1977, p. 10 .
(i) OJ No L 148 , 28 . 6. 1968 , p. 24.                          («) OJ No L 111 , 4. 5. 1979, p. 14.
(') OJ No L 61 , 5. 3. 1977, p. 1 .                              (») OJ No L 130, 18 . 5. 1978, p. 1 .
 ---pagebreak--- 5. 5 . 79                              Official Journal of the European Communities                         No L 112/ 11
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 ( 1), 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 'live 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--- No L 112/ 12                           Official Journal of the European Communities                            5 . 5 . 79
recorded on the market or markets in question , or use           Whereas, to enable the levy system to function
the latest prices recorded on the market or markets in           normally, the following should be used to calculate
question before the entry into force of such measures ;          the levies ;
Whereas in the absence of information, prices                    — for currencies whose spot rates are maintained at
recorded on representative Community markets are                      any given moment within a spread of 2-25 % , a
determined mainly by reference to the most recently                   conversion rate based on their actual par values ;
recorded prices ;                                                — for other currencies, a conversion rate based on
Whereas for such period as the price of adult bovine                   the arithmetic mean of the spot exchange rates of
animals recorded on representative Community                           each of these currencies, recorded over a given
markets differs by less then 0 20 unit of account per                  period, in relation to the Community currencies
100 kilograms of live weight from the price previously                referred to in the previous indent ;
used the latter is retained ;
                                                                 Whereas Council Regulation (EEC) No 652/79 of 29
Whereas the levies should be so fixed that the obliga­           March 1 979 (4) laid down the coefficient for
tions arising from international agreements concluded            expressing amounts, fixed in units of account, in
by the Community continue to be fulfilled ; whereas,             ECU ;
moreover, account should be taken of Regulation
(EEC) No 2170/73 of 31 July 1973 on the conclusion               Whereas, having regard to the provisions of the afore­
of the Trade Agreement between the European                      mentioned Regulations, and in particular to the data
Economic Community and the Socialist Federal Repu­               and quotations available to the Commission, the levies
blic of Yugoslavia ('), as amended by Regulation (EEC)           on adult bovine animals and beef and veal other than
No 2862/77 (2) and last extended by Regulation (EEC)             frozen meat should be as set out in the Annex to this
No 233/79 (3) ;                                                  Regulation,
Whereas the various cuts of beef and veal are defined
in Regulation (EEC) No 586/77 ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas, pursuant to Article 33 (2) of Regulation
(EEC) No 805/68 , the nomenclature used in this Regu­
lation is incorporated in the Common Customs                                               Article 1
Tariff ;
                                                                 The import levies on live cattle and beef and veal
Whereas the levies and special levies are fixed before           other than frozen meat shall be as specified in the
the 27th day of each month and are applicable from               Annex to this Regulation .
the first Monday of the following month ; whereas
these levies may be altered in the period between two
fixings where the basic levy or special basic levy is                                      Article 2
altered, or in the case of changes in the prices
recorded on Community representative markets ;                   This Regulation shall enter into force on 7 May 1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 May 1979 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 224, 13 . 8 . 1973, p. 1 .
(2) OJ No L 330, 23 . 12. 1977, p. 9 .
(3) OJ No L 34, 9. 2. 1 979, p. 1 .                              (4 ) OJ No L 84, 4 . 4 . 1979 , p. 1
 ---pagebreak--- 5. 5 . 79                                    Official Journal of the European Communities                                                         No L 112/ 13
                                                                           ANNEX
          to the Commission Regulation of 4 May 1979 fixing the import levies on live cattle and on
                        beef and veal other than frozen (') for the period beginning 7 May 1979
                                                                                                                                      n i r ::: kg)
                                 CCT heading No                              Austria / Sweden / Switzerland            Other third countries
                                                                                                        — Live weight —
          01.02 A II a) (a)                                                                                                   60.929
          01.02 A lib) (b)                                                              20093                                 68.097
                                                                                                        — Net weight —
          02.01 A II a) 1 aa) (a)                                                                                           1 1 5.765
          02.01 Alia) 1 bb)                                                             38176                               129.384
          02.01 A II a) 2 aa) (a)                                                                                             92.612
          02.01 A II a) 2 bb)                                                           30.541                              103.507
          02.01 A II a) 3 aa) (a)                                                                                           138.918
          02.01 A II a) 3 bb)                                                           45.811                              155-261
          02.01 A II a) 4 aa)                                                           57-263                              194.076
          02.01 A II a) 4 bb)                                                           65.502                              221-996
          02.06 C I a) 1                                                                57-263                              194.076
          02.06 C I a) 2                                                                65.502                              221.996
           16.02 B III b) 1 aa)                                                         65.502                              221.996
          (') 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 M)() 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.