CELEX: 31974R0742
Language: en
Date: 1974-03-30 00:00:00
Title: Regulation (EEC) No 742/74 of the Commission of 29 March 1974 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

No L 86/42                               Official Journal of the European Communities                             30 . 3 . 74
                                REGULATION (EEC) No 742/74 OF THE COMMISSION
                                                       of 29 March 1974
              fixing the import levies on calves and adult bovine animals and on beef and veal other
                                                           than frozen
THE COMMISSION OF THE EUROPEAN                                      Whereas Commission Regulation (EEC) No 218/
 COMMUNITIES,                                                        73 (4) of 29 January 1973 on the determination
                                                                    of the import price and the special import price for
Having regard to the Treaty establishing the Euro­                  calves and adult bovine animals provides that the
pean Economic Community ;                                           import price is to be calculated in accordance with
                                                                    the method set out in Article 4 on the basis of all
Having regard to Council Regulation (EEC ) No 805/                  the representative free-at-frontier offer prices in the
68 (*) of 27 June 1968 on the common organization                   Community established for each of the categories
of the market in beef and veal, as last amended by                  and cuts specified in Article 2, and ascertained in par­
Regulation (EEC) No 187/73 (2), and in particular                   ticular from :
the second subparagraph of Article 10 (7) thereof ;
Having regard to the Opinion of the Monetary                        ( a ) prices given in the customs documents accom­
Committee ;                                                               panying the products imported from such other
                                                                          third countries ;
Whereas Article 10 (3 ) of Regulation (EEC) No
805/68 provides that, where the import price for
calves or adult bovine animals, after addition of the
                                                                    ( b) other information concerning the export prices
                                                                          ruling in such other countries ;
customs duty, is lower than the guide price, the dif­
ference between the latter price and the import price
plus that addition is offset by a levy on imports of                Whereas, however, offer prices which do not corres­
that product ; whereas, however, such levy is to be                 pond to actual purchasing possibilities are to be dis­
fixed at :                                                          regarded, as are also offer prices relating to unrepre­
                                                                    sentative quantities ; whereas offer prices which,
— 75 °/o of the abovementioned difference, if it is                 because of the development of prices in general or
    found that the price of the product in question on              from the information available, do not seem to be
    the representative markets of the Community is                  representative of the actual trend of prices in the
    more than the guide price but does not exceed                   exporting country should also be disregarded ;
    102 °/o of that price ;
                                                                    Whereas, where no free-at-frontier offer price can
— 50 °/o of the abovementioned difference, if it is
                                                                    be recorded for one or more categories of live ani­
    found that the price of the product in question on
                                                                    mals or of meat, the last available price must be
    the representative markets of the Community is
                                                                    used for the calculation ;
    more than 102 °/o of the guide price but does not
    exceed 104 °/o of that price ;
                                                                    Whereas the import price must be calculated on the
— 25 % of the abovementioned difference, if it is                   first and third Thursday of each month for the pur­
    found that the price of the product in question on              pose of calculating the levies valid from the follow­
    the representative qiarkets of the Community is                 ing Monday ; whereas, however, if circumstances so
    more than 104 °/o of the guide price but does not               require, the import price may be fixed on another
    exceed 106 °/o of that price ;                                  day of the same week ;
— nil, if it is found that the price of the product in              Whereas Commission Regulation (EEC) No 2150/
    question on the representative markets of the
                                                                    73 (5) of 6 August 1973 provides for the fixing of
    Community is more than 106 °/o of the guide
    price ;
                                                                    the special import price referred to in Article 10 ( 1 )
                                                                    ( a ) of Regulation (EEC ) No 805 /68 for adult bovine
Whereas the guide prices for calves and adult bovine                animals originating in and coming from Austria,
animals valid from 1 April 1974 are fixed by Council                Sweden and Switzerland on the basis of quotations
Regulation (EEC) No 667/74 (3) :                                    on representative markets in these third countries ;
H OJ No L 148, 28. 6. 1968, p. 24.
{*) OJ No L 25, 30. 1 . 1973, p. 23 .                               (4 ) OJ No L 26, 31 . 1 . 1973 , p . 16.
(") OJ No L 85 , 29 . 3 . 1974, p . 59 .                            (*) OJ No L 219, 7. 8 . 1973 , p . 15 .
 ---pagebreak--- 30 . 3 . 74                               Official Journal of the European Communities                           No .L 86/43
Whereas this special import price is calculated once                 Whereas, where there are several representative mar­
a week and is used to calculate levies taking effect                 kets in a Member State, the price of each quality is
on the Monday following the day on which it is                       the average of the quotations recorded on each of
fixed ; whereas, however, no special import price is                 these markets ; whereas, where in a Member State
fixed if such price would exceed by less than 1 unit                 there is a single representative market, held several
of account per 100 kilogrammes live weight the                       times during the seven-day period, the price of each
import price fixed, pursuant to Article 10 ( 1 ) of                  quality is to be equal to the arithmetic mean of quo­
Regulation (EEC) No 805 /68 ; as specified in Re­                    tations recorded at each market ; whereas, with
gulation (EEC) No 218 /73 ;                                          regard to Italy, the price of each quality is the aver­
                                                                     age, weighted by the special weighting coefficients
Whereas, if one or more of the third countries                       laid down in Annex II to amended Regulation (EEC)
referred to take, notably for health protection                      No 320/73 , of the prices recorded in the surplus and
reasons, measures affecting prices quoted on their                   deficit production areas ; whereas the price recorded
markets, the Commission may base itself on the last                  in the surplus production area is equal to the
prices recorded before such measures were put into                   average of the quotations recorded on each of the
effect ;                                                             markets within that area ; whereas for the United
                                                                     Kingdom the weighted average of the prices recorded
Whereas, if the import price differs by less than 0-50               on the representative markets in Great Britain and
unit of account per 100 kg live weight from the                      in Northern Ireland are to be multiplied by the
import price previously used to calculate the levy,                  coefficient fixed in the said Annex II ;
the latter price must be maintained ;
Whereas Article 10 (5 ) of Regulation (EEC) No                       Whereas, where these quotations do not relate to
805/68 provides that the price recorded on the repre­                'live weight excluding tax' prices, the quotations for
sentative markets of the Community is derived from                   the different qualities are to be corrected by the
the prices recorded on the representative market or                  live-weight conversion coefficients laid down in Annex
markets of each Member State for the various quali­                  II to that Regulation and, in respect of Italy and the
ties — of calves, adult bovines animals or the meat                  United Kingdom, are first increased or reduced by the
of these animals, as the case may be — after taking                  corrective amounts laid down in that Annex ; where­
into account the relative quantity of each of such                   as for Ireland the price per calf recorded on the
qualities and the relative magnitude of the bovine                   representative market is to be increased by the correc­
stock of each Member State ;                                         tive amount fixed in that Annex and subsequently
                                                                     converted back into live weight per unit of weight
Whereas the prices for calves and adult bovine ani­                  by applying the corrective coefficient fixed in that
 mals, recorded on the representative market or mar­                 Annex ;
 kets of each Member State, is equal to the average,
 weighted by coefficients, of the prices for the quali­
 ties of calves, adult bovine animals and meat of
 these animals formed during a period of seven days                  Whereas, if one or more Member States take mea­
 in that Member State at a standard wholesale stage ;                 sures, such as health protection measures, which
 whereas the representative markets, the qualities of                 affect the normal development of quotations re­
 the products and the weightings were fixed in                        corded on their markets, the Commission may either
 Annex II to Commission Regulation ( EEC ) No 320/                    disregard the quotations recorded on the market or
 73 ( x ) of 31 January 1973 on the determination of                  markets in question or use the last quotations
 the prices for calves and adult bovine animals on                    recorded on the market or markets in question
 the representative markets of the Community, as                     before those measures were put into effect ;
 last amended by Regulation ( EEC) No 646/74 (2 ) ;
 Whereas the prices of calves and adult bovine ani­                  Whereas, where information is not available, the
 mals so established on the market or markets of
                                                                      quotations recorded on representative Community
 each of the new Member States must be increased by                   markets are to be determined with particular refer­
 the basic compensatory amount provided for in Art­                   ence to the latest known quotations ;
 icle 1 ( 1 ) of Council Regulation ( EEC) No
 181 /73 (3) of 23 January 1973 laying down general
 rules for the system of compensatory amounts for
 beef and veal ;                                                      Whereas, for as long as the price recorded for
                                                                      calves and adult bovine animals on the representa­
                                                                      tive Community markets differs by less than 0-20
                                                                      unit of account per 100 kg live weight from the
 (M OJ No L 36, 8 . 2 . 1973 , p . 13 .
 (*) OJ No L 78 , 23 . 3 . 1974, p . 20 .                             price previously used, the latter price is to be main­
  ( 3) OJ No L 25 , 30. 1 . 1973, p . 9 .                             tained ;
 ---pagebreak--- No L 86/44                                Official Journal of the European Communities                               30 . 3 . 74
Whereas Article 12 ( 1 ) of Regulation ( EEC ) No                    Whereas, if the levy system is to operate normally,
805 /68 provides that if a levy is charged on                        levies should be calculated on the following basis :
calves or adult bovine animals, a levy is also to be
charged on imports of the meat of calves or adult                    — in the case of currencies which are maintained in
bovine animals as listed in Section ( a ) of the Annex                       relation to each other, at any given moment,
to that Regulation under tariff subheadings Nos                              within a band of 2-25 %>, a rate of exchange
02.01 A II a) 1 aa ) and 02.01 A II a) 1 bb ) ; where­                       based on their effective parity ;
as this levy is equal to the levy charged on calves
or adult bovine animals, as the case may be,                         — for other currencies an exchange rate based on
adjusted by a coefficient expressing the value ratio                         the arithmetic mean of the spot market rates of
between the meat in question on the one hand and                             each of these currencies recorded for a given
calves or adult bovine animals on the other ;
                                                                             period, in relation to the Community currencies
                                                                             referred to in the previous subparagraph ;
Whereas Article 12 (3 ) of Regulation ( EEC) No
 805/68 provides that if the levy is charged on adult                Whereas, under Article 4 (b ) (5 ) of Council Regulation
 bovine animals, a devy is also to be charged on                      ( EEC) No 974/71 (3 ) of 12 May 1971 , as last amended
 imports of the meat listed in Section (b) of the                     by Regulation ( EEC) No 3450/73 (4), in the case
 Annex to that Regulation ; whereas this levy is                      where, when the Regulations laying down the rules for
 equal to the levy charged on adult bovine animals,                   the common organization of the agricultural markets
 multiplied by a standard coefficient ;                               are applied, the prices on the Italian markets are
                                                                      concerned, the influence of the measures forseen in
 Whereas Article 12 (4) of Regulation (EEC ) No                       paragraph 1 of the same Article is taken ' into consider­
 805/68 provides that the levy may be charged on                      ation ;
 imports of the products listed in Section ( a) of the
 Annex to that Regulation under tariff subheading                     Whereas it follows from the provisions of the above­
 No 02.01 A II a) 1 cc) ; whereas this levy is equal to                mentioned Regulations and in particular from the
 the highest levy applicable to calves or adult bovine                quotations and other information known to the
 animals, multiplied by a standard coefficient ;                       Commission that the levies on calves, adult bovine
                                                                       animals and on beef and veal other than frozen
                                                                       should be fixed as shown in the Annex to this Regu­
 Whereas the standard coefficients referred to above
                                                                      lation ;
 were fixed for each of the products in question in
  Annex I to Commission Regulation (EEC ) No 2249/
  73 (*) of 17 August 1973 , fixing the coefficients for
  calculating the levy on beef and veal other than                      HAS ADOPTED THIS REGULATION :
  frozen ; whereas that Regulation also defines the re­
  quirements to be met by certain products for which
  the levy has been fixed by means of these coefficients ;                                         Article 1
                                                                       The levies referred to in Articles 10 and 12 of Regu­
  Whereas levies must be fixed with due regard for                      lation (EEC) No 805/68 shall be as shown in the
  obligations arising out of international agreements                  Annex to this Regulation .
  concluded by the Community ; whereas Regulation
   (EEC) No 2170/73 (2) of 31 July 1973 on the con­
  clusion of the Trade Agreement between the Euro­                                                 Article 2
  pean Economic Community and the Socialist Federal
  Republic of Yugoslavia should also be taken into
                                                                        To be classified as products falling within subhead­
   account ;
                                                                        ings Nos 02.01 A II a) 1 aa) and 02.01 A II a) 1
                                                                        bb), products must correspond to the definitions
  Whereas, in accordance with Article 33 (2 ) of Regu­                   contained in Article 2 of Regulation (EEC) No
  lation (EEC) No 805/68 , the nomenclature provided                     2249/73 .
  for in this Regulation is incorporated in the Com­
  mon Customs Tariff ;                                                                              Article 3
  Whereas the levies must be fixed once each week                       This Regulation shall enter into force on 1 April
   and be valid from the following Monday ;                              1974 .
   (») OJ No L 230, 18 . 8 . 1973 , p . 15 .                             ( 3) OJ No L 106, 12 . 5 . 1971 , p . 1 .
   (2) OJ No L 224, 13 . 8 . 1973, p. 1 .                                (4) OJ No L 353, 22. 12. 1973, p. 25.
 ---pagebreak--- 30 . 3 . 74                      Official Journal of the European Communities                      No L 86/ 45
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 29 March 1974.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak---  No L 86/46                          Official Journal of the European Communities                                30 . 3 . 74
                                                                ANNEX
                Levies applicable from 1 April 1974 to imports from third countries (*
                                                                                                             (in u.a.1100 kg)
      CCT                                                                                      Aust,ria         Other third
     heading
       No
                                                   Description of goods                      Swttd
                                                                                                       Live weight
01.02        Live animals of the bovine species :
             A. Domestic species :
                  II . Other :
                        a) Calves                                                                0 (b)              0 (b)
                       b ) Other :
                            1 . Cows for immediate slaughter, the meat of which is            14-140                —
                                intended for processing (a)
                           2 . Other :
                                aa) Not yet having any permanent teeth, of a weight
                                      of not less than 350 kg but not more than 450 kg
                                      in the case of male animals , or of not less than
                                     320 kg but not more than 420 kg in the case of             —                14-140
                                     female animals (c)
                                bb) Other                                                     14-140 ( b )       14440 (,b)
                                                                                                       Net weight
02.01        Meat and edible offals of the animals falling within heading No
             01.01 , 01.02, 01.03 or 01.04, fresh, chilled or frozen :
             A. Meat :
                 II . Of bovine domestic bovine animals :
                       a ) Of domestic bovine animals :
                           1 . Fresh or chilled :
                                aa) Of calves :
                                     11 . Carcases and half-carcases                            0                   0
                                     22.  Separated or unseparated forequarters                 0                   0
                                     33 . Separated or unseparated hindquarters                 0                  0
                                bb ) Of   adult animals :
                                     11 . Carcases, half-carcases or 'compensated' quar­
                                          ters :
                                          aaa) Carcases of a weight of not less than 180
                                                  kg but not more than 270 kg and half­
                                                 carcases or 'compensated' quarters' of a
                                                 weight of not less than 90 kg but not
                                                 more than 135 kg, with a low degree of
                                                 ossification of the cartilages (more es­
                                                 pecially those of the symphysis pubis and
                                                 the vertebral apophyses), the meat of
                                                 which is of a light pink colour and the
                                                 fat of which, of extremely fine structure,
                                                 is white to light yellow in colour (c)                         26-866
                                          bbb ) Other                                        26-866             26-866
                                    22 . Forequarters :
                                          aaa) Of a weight of not less than 45 kg but
                                                 not more than 68 kg, with a low degree
                                                 of ossification of the cartilages ( more
                                                 especially those of the vertebral apo­
                                                 physes), the meat of which is of a light
                                                 pink colour and the fat of which, of
                                                 extremely fine structure, is white to light
                                                 yellow in colour ( c)                                          21-493
                                          bbb) Other                                         21-493             21-493
 ---pagebreak---  30 . 3 . 74                                    Official Journal of the European Communities                                              No L 86/47
                                                                                                                                          (in u.aJlOO kg)
        CCT                                                                                                                Austria
                                                                                                                                            Other third
       heading                                             Description of goods                                            Sweden
                                                                                                                                             countries
         No                                                                                                              Switzerland
                                                                                                                                   Net weight
02.01                                            33 . Hindquarters :
(cont'd)
                                                      aaa) Of a weight of not less than 45 kg but
                                                            not more than 68 kg (not less than 38 kg
                                                            but not more than 61 kg in the case of
                                                            'Pistola' cuts), with a low degree of
                                                            ossification of the cartilages (more es­
                                                            pecially those of the vertebral apophyses),
                                                            the meat of which is of a light pink
                                                            colour and the fat of which, of extremely
                                                            fine structure, is white to light yellow in
                                                            colour (c)                                                                        32-239
                                                      bbb ) Other                                                          32-239             32-239
                                            cc ) Other cuts of veal and beef :
                                                 11 . Unboned (bone-in )                                                   40-299             40-299
                                                 22 . Boned or boneless                                                    46-096             46-096
02.06                        Meat and edible meat offals (except poultry liver), salted, in brine,
                           dried or smoked :
                           C. Other :
                               Î . Of domestic bovine animals :
                                   a ) Meat :
                                       1 . Unboned ( bone-in )                                                             40-299             40-299
                                       2 . Boned or boneless                                                               46-096             46-096
(') Regulation (EEC) No 521/70 provides that the levies are not applied to imports into the French overseas departments of products origina­
    ting in the AASM and OCT .
(a) Entry under this subheading is subject to conditions to be determi ned by the competent authorities and to the special conditions at pre­
     sent applicable to cows imported under the bilateral agreement on cattle for the food processing industry between the European Com­
      munities and Austria .
(b) Where these products are imported under the conditions set out in Article 11 of Council Regulation (EEC) No 805/68 of 27 June 1968
    and in the provisions adopted for its application , the levy is either refunded or not collected in accordance with those provisions.
(c) Entry under this subheading is subject to the production of the certificate referred to in paragraph 2 (c) of Protocol No 1 annex I to the
     trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .
     *