CELEX: 31986R1237
Language: en
Date: 1986-04-29 00:00:00
Title: Commission Regulation (EEC) No 1237/86 of 28 April 1986 fixing the import levies on frozen beef and veal

No L 112/20                                  Official Journal of the European Communities                                  29 . 4 . 86
                                         COMMISSION REGULATION (EEC) No 1237 /86
                                                            of 28 April 1986
                                         fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            (b) 50 % where the market price is more than 102 % and
                                                                           less than or equal to 104 % of the guide price ;
Having regard to the Treaty establishing the European                  (c) 25 % where the market price is more than 104 % and
Economic Community,                                                        less than 1 06 % of the guide price ;
 Having regard to the Act of Accession of Spain and                    (d) 0 % where the market price is more than 106 % of
Portugal,                                                                  the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of                 Whereas, if it is found that the price of adult bovine
27 June 1968 on the common organization of the market                  animals on representative Community markets is equal to
in beef and veal ('), as last amended by Regulation (EEC)              or less than the guide price, the levy applicable equals the
 No 3768/85 (2), and in particular Article 12 (8) thereof,             following percentage of the basic levy :
 Having regard to the opinion of the Monetary Committee,               (a) 100 % where the market price is more than or equal
                                                                            to 98 % of the guide price ;
Whereas under Article 9 of Regulation (EEC) No 805/68                  (b) 105 % where the market price is less than 98 % and
 a levy is applicable to the products specified in Article 1                more than or equal to 96 % of the guide price ;
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the            (c) 110 % where the market price is less than 96 % and
amount of the levy applicable by reference to a percen­                     more than or equal to 90 % of the guide price ;
 tage of the basic levy ;
                                                                       (d) 114 % where the market price is less than 90 % of
Whereas, in respect of the types of frozen meat listed in                   the guide price ;
 section (b) of the Annex to the said Regulation under
 subheading 02.01 A II b) 1 , the basic levy is determined             Whereas the guide prices for adult bovine animals to be
 on the basis of the difference between :                              applied from 27 May 1985 have been fixed by Council
                                                                       Regulation (EEC) No 1308/85 of 23 May 1985 (5) as last
— the guide price multiplied by a coefficient represen­                extended by Regulation (EEC) No 1225/86 (*);
      ting the ratio existing in the Community between the
      price of fresh meat of a category competitive with the           Whereas the Community free-at-frontier offer price for
      frozen meat in question, presented in the same form,             frozen meat is determined by reference to the world
      and the average price of adult bovine animals, and               market price based on the most representative purchasing
— the Community free-at-frontier offer price for frozen                possibilities, as regards quality and quantity, recorded over
      meat, plus the amount of the customs duty and a stan­            a certain period preceding the fixing of the basic levy,
      dard amount representing the specific costs of the               taking into account in particular :
      import operations ;
                                                                       — foreseeable developments on the market in frozen
                                                                            meat,
Whereas, by Commission Regulation (EEC) No 586/77 of
 18 March 1977 laying down rules for the application of                — the most representative prices on third country
 the levies on beef and veal and amending Regulation                        markets for fresh and chilled meat of a category which
 (EEC) No 950/68 on the Common Customs Tariff (3), as                       is competitive with frozen meat,
 last amended by Regulation (EEC) No 31 14/ 83 (4), the                — past experience ;
 abovementioned coefficient, calculated in accordance with
 the rules laid down in Article 1 1 (2) (a) of Regulation              Whereas the basic levy on the types of frozen meat listed
 (EEC) No 805/68 , has been fixed at 1 69 units of account             in section (b) of the Annex to Regulation (EEC) No
 and the standard amount referred to in Article 1 1 (2) (b)            805/68 under subheadings 02.01 A II b) 2 to 4 is equal to
 of the said Regulation has been fixed at 6,65 ECU ;                   the basic levy fixed for the product falling within subhea­
                                                                       ding 02.01 A II b) 1 , multiplied by a standard coefficient
 Whereas, if it is found that the price of adult bovine                fixed for each of the products in question ; whereas these
 animals on representative Community markets is higher                 coefficients were fixed in Annex II to Regulation (EEC)
 than the guide price, the levy applicable equals the follo­           No 586/77 ;
 wing percentage of the basic levy :
 (a) 75 % where the market price is less than or equal to              Whereas, for the purpose of fixing the free-at-frontier
       1 02 % of the guide price ;                                     offer prices, offer prices that do not correspond to real
                                                                       purchasing possibilities or that relate to unrepresentative
                                                                       quantities should not be taken into account ; whereas
(•)  OJ   No L  148 , 28 . 6. 1968 , p. 24.
(2)  OJ   No L 362, 31 . 12. 1985, p. 8 .
O    OJ   No L 75, 23 . 3 . 1977, p. 10 .                              i5) OJ No L 137, 27 . 5 . 1985 , p . 16 .
(4)  OJ   No L 303, 5. 11 . 1983 , p. 16.                              (6 OJ No L 109 , 26. 4. 1986, p. 18 .
 ---pagebreak--- 29 . 4. 86                                Official Journal of the European Communities                            No L 112/21
offer prices should also be excluded when the movement              United Kingdom the weighted average prices of adult
of prices in general or the information available gives             bovine animals recorded on the representative markets of
 reason to believe that they are unrepresentative of the true       Great Britain on the one hand and Northern Ireland on
 trend of prices in the country of origin ;                         the other are adjusted by the coefficient fixed in the
                                                                    abovementioned Annex II :
Whereas, where the free-at-frontier offer price for frozen          Whereas prices for the different categories and qualities
 meat differs by less than one unit of account per 100 kilo­        not obtained from prices which are 'live weight excluding
grams from that previously used for the calculation of the          tax', are multiplied by the live weight conversion coeffi­
levy, the latter price should be retained ;                         cients fixed in Annex II to the said Regulation and, in the
                                                                    case of Italy, are first increased or reduced by the correc­
                                                                    tive amounts fixed in the said Annex ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
                                                                    Whereas if one or more Member States, for veterinary or
 No 805/68 the price of adult bovine animals on represen­
tative Community markets is the price established on the            health reasons for example, adopt measures affecting the
basis of prices recorded over a period to be determined on          normal trend of prices recorded on their markets, the
the representative market or markets of each Member                 Commission may disregard the prices recorded on the
State for the various categories of adult bovine animals or         market or markets in question, or use the latest prices
of meat from such animals, taking into account the size of          recorded on the market or markets in question before the
each of these categories and the relative size of the bovine        entry into force of such measures ;
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 relevant            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 than 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
of the United Kingdom shall be corrected by the amount
of the premium granted to producers under Regulation                Whereas the levies must be so fixed that obligations
(EEC) No 1311 /85 (') ; whereas the representative markets,         arising from international agreements concluded by the
categories and qualities of products and weighting coeffi­          Community continue to be fulfilled ;
cients are fixed in Annex II to Commission Regulation
(EEC) No 610/77 of 18 March 1977 on the determination
of prices of adult bovine animals on representative                 Whereas Council Regulation (EEC) No 486/85 (4),
Community markets and the survey of prices of certain               amended by Regulation (EEC) No 692/86 (■'), lays down
other cattle in the Community (2), as last amended by               the arrangements applicable on agricultural products and
Regulation (EEC) No 3815/85 (3) ;                                   certain goods resulting from the processing of agricultural
                                                                    products originating in the African, Caribbean and Pacific
                                                                    States or in the overseas countries and territories ;
Whereas, for Member States with several representative              Whereas the various cuts of frozen meat are defined in
markets, the price of each category and quality is equal to         Regulation (EEC) No 586/77 ;
the arithmetic mean of the prices recorded on each of
those markets ; for representative markets held several
times in one period of seven days, the price of each cate­          Whereas, pursuant to Article 33 (2) of Regulation (EEC)
gory and quality is equal to the arithmetic mean of the              No 805/68, the nomenclature provided for in this Regula­
prices recorded on each market day ; whereas in respect of          tion is incorporated in the Common Customs Tariff ;
 Italy the price of each category and quality is equal to the
average, weighted by the special weighting coefficients
fixed in Annex II to Regulation (EEC) No 610/77, of the             Whereas the levies are fixed before the 27th day of each
prices recorded in the surplus and deficit zones ; whereas          month and are applicable from the first Monday of the
the price recorded in the surplus zone is equal to the              following month ; whereas these levies may be altered in
arithmetic mean of the prices recorded on each of the               the period between two fixings where the basic levy is
markets within that zone ; whereas in respect of the                altered, or in these case of changes in the prices recorded
                                                                    on Community representative markets ;
0 OJ No L 137, 27. 5. 1985, p. 20 .
(2) OJ No L 77, 25 . 3 . 1977, p. 1 .                               (4) OJ No L 61 , 1 . 3 . 1985, p . 4.
(3) OJ No L 368 , 31 . 12. 1985, p . 11 .                           0 OJ No L 63, 5 . 3 . 1986.
 ---pagebreak---  No L 112/22                             Official Journal of the European Communities                             29 . 4 . 86
 Whereas, if the levy system is to operate normally, levies        frozen beef and veal should be as set out in the Annex
 should be calculated on the following basis :                     hereto,
 — in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band
     of 2,25 % , a rate of exchange based on their central         HAS ADOPTED THIS REGULATION :
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
     No 1676/85 ('),
                                                                                          Article 1
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
                                                                   The import levies on frozen beef and veal shall be as set
     these currencies recorded over a given period in rela­        out in the Annex hereto .
     tion to the Community currencies referred to in the
     previous indent and the aforesaid coefficient,
Whereas, having regard to the provisions of the aforemen­                                 Article 2
 tioned Regulations, and in particular to the information
 and quotations known to the Commission, the levies on             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 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 29 . 4 . 86                           Official Journal of the European Communities                                   No L 112/23
                                                           ANNEX
            to the Commission Regulation of 28 April 1986 fixing the import levies on frozen beef and
                                                            veal (')
                                                                                                      (ECU / 100 kg)
                                           CCT heading No                                          Levy
                                                                                             — Net weight —
            02.01  All b) 1                                                                     224,619
            02.01  All b) 2                                                                     179,695 (a)
            02.01  A II b)3                                                                     280,774
            02.01  A II b) 4 aa)                                                                336,928
            02.01  A lib) 4 bb) 11                                                              280,774 (a)
            02.01  A 11 b) 4 bb) 22 (b)                                                         280,774 (a)
            02.01  All b) 4 bb) 33                                                              386,344 (a)
            (') 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 and Pacific States or in the
                overseas countries and territories .
            (a) Where products are imported under the conditions set out in Article 14 of Council Regulation
                 (EEC) No 805/68 of 27 June 1968 and in provisions adopted for its application, the levy is totally
                 or partially suspended in accordance with those provisions.
            (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid
                 down by the competent authorities of the European Communities .