CELEX: 31986R1236
Language: en
Date: 1986-04-29 00:00:00
Title: Commission Regulation (EEC) No 1236/86 of 28 April 1986 fixing the import levies on live cattle and on beef and veal other than frozen

No L 112/ 16                             Official Journal of the European Communities                                  29 . 4 . 86
                                       COMMISSION REGULATION (EEC) No 1236/86
                                                         of 28 April 1986
                      fixing the import levies on live cattle and on beef and veal other than frozen
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         (a) 100 % where the market price is more than or equal
                                                                         to 98 % of the guide price ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                    (b) 105 % where the market price is less than 98 % and
                                                                         more than or equal to 96 % of the guide price ;
 Having regard to the Act of Accession of Spain and                 (c) 110 % where the market price is less than 96 % and
 Portugal,                                                               more than or equal to 90 % of the guide price ;
                                                                    (d) 114 % where the market price is less than 90 % of
 Having regard to Council Regulation (EEC) No 805/68 of
                                                                         the guide price ;
 27 June 1968 on the common organization of the market
 in beef and veal ('), as last amended by Regulation (EEC)
 No 3768/85 (2), and in particular Article 12 (8) thereof,          Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                     No 805/68 the basic levy on the meat specified in
 Having regard to the opinion of the Monetary Committee,            sections (a), (c) and (d) of the Annex hereto is equal to the
                                                                    basic levy determined for bovine animals, multiplied by a
 Whereas under Article 9 of Regulation (EEC) No 805/68              standard coefficient fixed for each of the products in
 a levy is applicable to the products specified in Article 1        question ; whereas these coefficients are fixed by
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the          Commission Regulation (EEC) No 586/77 of 18 March
 amount of the levy applicable by reference to a percen­             1977 laying down rules for the application of levies on
 tage of the basic levy ;                                            beef and veal and amending Regulation (EEC) No 950/68
                                                                    on the Common Customs Tariff (3), as last amended by
Whereas in respect of bovine animals the basic levy is              Regulation (EEC) No 31 14/83 (4) ;
 determined on the basis of the difference between the
guide price and the Community free-at-frontier offer
                                                                    Whereas the guide prices for adult bovine animals to be
 price plus the amount of the customs duty ; whereas the
 Community free-at-frontier offer price is determined in            applied from 27 May 1985 were fixed by Council Regula­
                                                                    tion (EEC) No 1308/85 of 23 May 1985 0, as last
 the light of the most representative purchasing possibili­
                                                                    extended by Regulation (EEC) No 1 225/86 (6) ;
 ties, as regards quality and quantity, recorded over a
 certain period for bovine animals and for the fresh or
chilled meat specified in section (a) of the Annex to the           Whereas Regulation (EEC) No 586/77 stipulates that the
said Regulation under subheadings 02.01 A II a) 1 to 3 ,            basic levy is to be calculated according to the method set
 account being taken in particular of the position with             out in its Article 3 and on the basis of all the representa­
 respect to supply and demand, of world market prices for            tive free-at-frontier offer prices of the Community deter­
 frozen meat of a category which is competitive with fresh          mined for the products of each of the categories and cuts
or chilled meat and of past experience ;                            specified in Article 2 and established principally by
                                                                    reference to the prices specified in the customs docu­
Whereas if it is found that the price of adult bovine               ments accompanying products imported from third coun­
animals on representative Community markets is higher               tries or from other information concerning export prices
 than the guide price, the levy applicable equals the follo­        obtaining in those third countries ;
wing percentage of the basic levy :
(a) 75 % where the market price is less than or equal to            Whereas, however, offer prices that do not correspond to
      1 02 % of the guide price ;                                   real purchasing possibilities or that relate to unrepresenta­
(b) 50 % where the market price is more than 102 % and              tive quantitities should not be taken into account ;
      less than or equal to 1 04 % of the guide price ;             whereas offer prices should also be excluded when the
                                                                    movement of prices in general or the information avai­
(c) 25 % where the market price is more than 104 % and              lable suggests that they are unrepresentative of the true
      less than or equal to 106% of the guide price ;               trend of prices in the country of origin ;
(d) 0 % where the market price is more than 106 % of
      the guide price ;                                             Whereas in cases where for one or more categories of
                                                                    bovine animals or cuts of meat a free-at-frontier offer
Whereas if it is found that the price of adult bovine               price cannot be established, the most recent available
animals on representative Community markets is equal to             price should be used for the calculation ;
or less than the guide price, the levy applicable equals the
following percentage of the basic levy :
                                                                    (») 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  137, 27. 5. 1985, p . 16.
 2 OJ No L 362, 31 . 12. 1985, p. 8 .                               (6  OJ  No  L   109 , 26 . 4 . 1986, p . 18 .
 ---pagebreak---  29 . 4. 86                              Official Journal of the European Communities                            No L 112/ 17
 Whereas if the free-at-frontier offer price differs by less       of the United Kingdom shall be corrected by the amount
 than 0,60 ECU per 100 kilograms of live weight from that          of the premium granted to producers under Regulation
 previously used for the calculation of the levy, the latter       (EEC) No 1311 /85 (3) ; whereas the representative markets,
 price should be retained ;                                        categories and qualities of products and weighting coeffi­
                                                                   cients are fixed in Annex II to Commission Regulation
                                                                   (EEC) No 610/77 of 18 March 1977 on the determination
Whereas pursuant to Article 10 (3) of Regulation (EEC)             of prices of adult bovine animals on representative
 No 805/68 a special basic levy is determined for certain          Community markets and the survey of prices of certain
 third countries on the basis of the difference between the        other cattle in the Community (4), as last amended by
guide price and the average price recorded over a certain          Regulation (EEC) No 3815/85(0 ;
 period plus the amount of the customs duty ;
                                                                   Whereas, for Member States with several representative
Whereas Commission Regulation (EEC) No 611 /77 of 18
                                                                   markets, the price of each category and quality is equal to
March 1977 ('), as amended by Regulation (EEC) No                  the arithmetic mean of the prices recorded on each of
 925/77 (2), provides that the special levy on products origi­
                                                                   those markets ; whereas, for representative markets held
 nating in and coming from Austria, Sweden and Switzer­
                                                                   several times in one period of seven days, the price of
 land should be determined on the basis of the weighted
                                                                   each category and quality is equal to the arithmetic mean
 average of the prices of adult bovine animals recorded on
                                                                   of the prices recorded on each market day ; whereas in
the representative markets of those third countries ;
                                                                   respect of Italy the price of each category and quantity is
whereas the weighting coefficients and representative              equal to the average, weighted by the special weighting
 markets are specified in the Annexes to Regulation (EEC)          coefficients fixed in Annex II to Regulation (EEC) No
 No 611 /77 ;
                                                                   610/77, of the prices recorded in the surplus and deficit
                                                                   zones ; whereas the price recorded in the surplus zone is
Whereas the average price is not to be used for calcula­           equal to the arithmetic mean of the prices recorded on
 ting the special levy unless it is at least 1,21 ECU per 100      each of the markets within that zone ; whereas in respect
 kilograms of live weight more than the free-at-frontier           of the United Kingdom the weighted average prices of
offer price determined in accordance with Article 10 (2) of        adult bovine animals recorded on the representative
                                                                   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 0,60 ECU
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
Whereas in cases where one or more of the abovemen­
                                                                   cients fixed in Annex II to the said Regulation and, in the
tioned third countries adopt, for reasons of health for            case of Italy, are first increased or reduced by the correc­
example, measures affecting the prices recorded on their           tive amounts fixed in the said Annex ;
 markets, the Commission may use the latest prices
recorded before the entry into force of such measures ;
                                                                   Whereas if one or more Member States, for veterinary or
Whereas pursuant to Article 12 (6) of Regulation (EEC)             health reasons for example, adopt measures affecting the
 No 805/68 the price of adult bovine animals on represen­          normal trend of prices recorded on their markets the
tative Community markets is th price established on the            Commission may disregard the prices recorded on the
basis of prices recorded over a priod to be determined on          market or markets in question, or use the latest prices
the representative market or markets of each Member                recorded on the market or markets in question before the
State in respect of the various categories of adult bovine         entry into force of such measures ;
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, in the absence of information, prices recorded
                                                                   on representative Community markets are determined
                                                                   mainly by reference to the most recently recorded prices ;
Whereas the prices of adult bovine animals recorded on
the representative market or markets of each Member
State are equal to the average, weighted by the appropriate        Whereas for such period as the price of adult bovine
coefficients, of the prices for the various qualities of adult     animals recorded on representative Community markets
bovine animals or meat of such animals over a period of            differs by less then 0,24 ECU per 100 kilograms of live
seven days in that Member State at a particular wholesale          weight from the price previously used, the latter is
marketing stage ; whereas, the price of adult bovine               retained ;
animals recorded on the representative market or markets
                                                                   (3) OJ No L 137, 27. 5 . 1985, p. 20 .
(') OJ No L 77, 25 . 3 . 1977, p . 14 .                            (4) OJ No L 77, 25 . 3 . 1977, p. 1 .
0 OJ No L 109, 30 . 4. 1977, p. 1 .                                0 OJ No L 368 , 31 . 12. 1985, p. 11 .
 ---pagebreak---  No L 112/ 18                                 Official Journal of the European Communities                               29 . 4. 86
 Whereas the levies should be so fixed that the obligations             of changes in the prices recorded on Community repre­
 arising from international agreements concluded by the                 sentative markets ;
 Community continue to be fulfilled ; whereas, moreover,
 account should be taken of Council Regulation (EEC) No                 Whereas, if the levy system is to operate normally, levies
 314/83 of 24 January 1983 on the conclusion of the                     should be calculated on the following basis :
 Cooperation Agreement between the European Economic                    — in the case of currencies which are maintained in rela­
 Community and the Socialist Federal Republic of Yugos­                      tion to each other at any given moment within a band
 lavia ('), of Council Regulation (EEC) No 287/82 of 3                       of 2,25 % , a rate of exchange based on their central
 February 1982 establishing the arrangements applicable to                   rate, fmultiplied by of Article 3 ( 1 ) of Regulation
 imports of products originating in Yugoslavia to take                       (EEC) No 1676/85 (*),
 account of the accession of the Hellenic Republic to the
 Community (2), and of Council Regulation (EEC) No                      — for other currencies, an exchange rate based on the
 3349/81 of 24 November 1981 providing for a reduction                       arithmetic mean of the spot market rates of each of
 in the levy applicable to imports into the Community of                     these currencies recorded over a given period in rela­
 certain beef and veal products originating in and coming                    tion to the Community currencies referred to in the
 from Yugoslavia (3) ;                                                       previous indent and the aforesaid coefficient,
Whereas Council Regulation (EEC) No 486/85 (4), last                    Whereas, having regard to the provisions of the aforemen­
 amended by Regulation (EEC) No 692/86 (*), lays down                   tioned Regulation, and in particular to the information
 the arrangements applicable on agricultural products and               and quotations known to the Commission, the levies on
 certain goods resulting from the processing of agricultural            live cattle and beef and veal other than frozen meat
 products originating in the African, Caribbean and Pacific             should be as set out in the Annex hereto,
 States or in the overseas countries and territories ;
Whereas the various cuts of beef and veal are defined in
                                                                        HAS ADOPTED THIS REGULATION :
 Regulation (EEC) No 586/77 ;
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                            Article 1
 No 805/68, the nomenclature provided for in this Regula­
 tion is incorporated in the Common Customs Tariff ;                    The import levies on live cattle and beef and veal other
                                                                        than frozen meat shall be as set out in the Annex hereto .
Whereas the levies and special levies are fixed before the
 27th day of each month and are applicable from the first
Monday of the following month ; whereas these levies                                               Article 2
 may be altered in the period between two fixings where
 the basic levy or special basic levy is altered, or in the case        This Regulation' shall enter into force on 5 May 1986.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 28 April 1986.
                                                                                   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 .
(4) OJ   No  L  61 , 1 . 3. 1985, p. 4.
0 OJ No L       63, 5. 3 . 1986.                                        (*) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 29 . 4 . 86                         Official Journal of the European Communities                                    No L 112/ 19
                                                           ANNEX
            to the Commission Regulation of 28 April 1986 fixing the import levies on
            live cattle and on beef and veal other than frozen for the period beginning
                                                         5 May 1986
                                                                                                      (ECU/100 kg)
                                                                           Austria /Sweden /
                       CCT heading No                 Yugoslavia (2)         Switzerland
                                                                                             Other third countries
                                                                         — Live weight —
            01.02 All (a)                               53,210                  33,353             121,319
                                                                          — Net weight —
            02.01 Alia) 1                               101,099                 63,370             230,506
            02.01 A II a) 2                              80,879                 50,697             184,404
            02.01 A II a) 3                             121,319                 76,045             276,607
            02.01 A II a) 4 aa)                                                 95,055             345,759
            02.01 All a) 4 bb)                                                108,731              395,499
            02.06 C I a) 1                                                      95,055             345,759
            02.06 C I a) 2                                                    108,731              395,499
            16.02 B III b) 1 aa)                                              108,731              395,499
            (') 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 nad 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.