CELEX: 31990R1216
Language: en
Date: 1990-05-11 00:00:00
Title: Commission Regulation (EEC) No 1216/90 of 10 May 1990 fixing the import levies on live cattle and on beef and veal other than frozen

No L 120/20                            Official Journal of the European Communities                                 11 . 5. 90
                                   COMMISSION REGULATION (EEC) No 1216/90
                                                       of 10 May 1990
                    fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas if it is found that the price of adult bovine
                                                                 animals on representative Community markets is equal to
Having regard to the Treaty establishing the European            or less than the guide price, the levy applicable equals the
Economic Community,                                              following percentage of the basic levy :
                                                                 (a) 100 % where the market price is more than or equal
Having regard to the Act of Accession of Spain and                    to 98 % of the guide price ;
Portugal,
                                                                 (b) 105 % where the market price is less than 98 % and
                                                                      more than or equal to 96 % of the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organization of the market            (c) 110 % where the market price is less than 96 % and
in beef and veal ('), as last amended by Regulation (EEC)             more than or equal to 90 % of the guide price ;
No 571 /89 (2), and in particular Article 12 (8) thereof,
                                                                 (d) 114 % where the market price is less than 90 % of
                                                                      the guide price ;
Having regard to the opinion of the Monetary Committee,
                                                                 Whereas pursuant to Article 10 (4) of Regulation (EEC)
Whereas under Article 9 of Regulation (EEC) No 805/68            No 805/68 the basic levy on the meat specified in
a levy is applicable to the products specified in Article 1      sections (a), (c) and (d) of the Annex hereto is equal to the
(1 ) (a) of that Regulation ; whereas Article 12 fixes the       basic levy determined for bovine animals, multiplied by a
amount of the levy applicable by reference to a percen­          standard coefficient fixed for each of the products in
tage of the basic levy ;                                         question ; whereas these coefficients are fixed by
                                                                 Commission Regulation {EEC) No 586/77 of 18 March
Whereas in respect of bovine animals the basic levy is            1977 laying down rules for the application of levies on
determined on the basis of the difference between the            beef and veal and amending Regulation (EEC) No 950/68
guide price and the Community free-at-frontier offer             on the Common Customs Tariff (3), as last amended by
price plus the amount of the customs duty ; whereas the          Regulation (EEC) No 3988/87 (4);
Community free-at-frontier offer price is determined in
the light of the most representative purchasing possibili­
ties, as regards quality and quantity, recorded over a           Whereas the guide prices for adult bovine animals to be
certain period for bovine animals and for the fresh or           applied from 14 May 1990 were fixed by Council Regula­
chilled meat specified in section (a) of the Annex to the        tion (EEC) No 1 1 88/90 0 ;
said Regulation under CN codes 0201 10 10, 0201 10 90,
0201 20 11 and 0201 20 19, account being taken in parti­
                                                                 Whereas the prices fixed by the Council are to be reduced
cular of the position with respect to supply and demand,          in accordance with Article 2 of Commission Regulation
of world market prices for frozen meat of a category              (EEC) No 784/90 of 29 March 1990 fixing the reducing
which is competitive with fresh or chilled meat and of            coefficient for agricultural prices in the 1990/91 marke­
past experience ;                                                 ting year as a result of the monetary realignment of 5
                                                                  January 1990 and amending the prices and amounts fixed
Whereas if it is found that the price of adult bovine             in ecus for that marketing year (*) ;
animals on representative Community markets is higher
than the guide price, the levy applicable equals the follo­
wing percentage of the basic levy :                               Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                  basic levy is to be calculated according to the method set
(a) 75 % where the market price is less than or equal to          out in its Article 3 and on the basis of all the representa­
      102 % of the guide price ;                                  tive free-at-frontier offer prices of the Community deter­
                                                                  mined for the products of each of the categories and cuts
(b) 50 % where the market price is more than 102 % and            specified in Article 2 and established principally by
      less than or equal to 104 % of the guide price ;            reference to the prices specified in the customs docu­
(c) 25 % where the market price is more than 104 % and            ments accompanying products imported from third coun­
      less than or equal to 106 % of the guide price ;            tries or from other information concerning export prices
                                                                   obtaining in those third countries ;
 (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  376, 31 . 12. 1987, p. 31 .
 (') OJ No L 148, 28 . 6. 1968, p. 24.                            0   OJ  No  L  119, 11 . 5. 1990.
 (2 OJ No L 61 , 4. 3. 1989, p. 43.                               («) OJ  No  L  83, 30. 3 . 1990, p. 102.
 ---pagebreak--- 11 . 5. 90                              Official Journal of the European Communities                             No L 120/21
Whereas, however, offer prices that do not correspond to          State in respect of the various categories of adult bovine
real purchasing possibilities or that relate to unrepresenta­     animals or of meat from such animals, after taking into
tive quantitities should not be taken into account ;              account the size of each of these categories and the rela­
whereas offer prices should also be excluded when the             tive size of the bovine herd of each Member State ;
movement of prices in general or the information avai­
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
                                                                  Whereas the prices of adult bovine animals recorded on
Whereas in cases where for one or more categories of              the representative market or markets of each Member
bovine animals or cuts of meat a free-at-frontier offer           State are equal to the average, weighted by the appropriate
price cannot be established, the most recent available            coefficients, of the prices for the various qualities of adult
price should be used for the calculation ;                        bovine animals or meat of such animals over a period of
                                                                  seven days in that Member State at a particular wholesale
                                                                  marketing stage ; whereas, the price of adult bovine
Whereas if the free-at-frontier offer price differs by less       animals recorded on the representative market or markets
than ECU 0,60 per 100 kilograms of live weight from that          of the United Kingdom shall be corrected by the amount
previously used for the calculation of the levy, the latter       of the premium granted to producers under Regulation
price should be retained ;                                        (EEC) No 1347/86 (3), as last amended by Regulation
                                                                  (EEC) No 4132/88 (4) ; whereas the representative markets,
                                                                  categories and qualities of products and weighting coeffi­
Whereas pursuant to Article 10 (3) of Regulation (EEC)
                                                                  cients are fixed in Annex II to Commission Regulation
No 805/68 a special basic levy is determined for certain          (EEC) No 610/77 of 18 March 1977 on the determination
third countries on the basis of the difference between the
                                                                  of prices of adult bovine animals on representative
guide price and the average price recorded over a certain         Community markets and the survey of prices of certain
period plus the amount of the customs duty ;                      other cattle in the Community (*), as last amended by
                                                                  Regulation (EEC) No 1646/89 (*);
Whereas Commission Regulation (EEC) No 611 /77 ('), as
amended by Regulation (EEC) No 925/77 (2), provides
that the special levy on products originating in and
coming from Austria, Sweden and Switzerland should be
determined on the basis of the weighted average of the            Whereas, for Member States with several representative
prices of adult bovine animals recorded on the representa­        markets, the price of each category and quality is equal to
tive markets of those third countries ; whereas the               the arithmetic mean of the prices tecorded on each of
weighting coefficients and representative markets are             those markets ; whereas, for representative markets held
specified in the Annexes to Regulation (EEC) No 611 /77 ;         several times in one period of seven days, the price of
                                                                  each category and quality is equal to the arithmetic mean
                                                                  of the prices recorded on each market day ; whereas in
Whereas the average price is not to be used for calcula­           respect of Italy the price of each category and quantity is
ting the special levy unless it is at least ECU 1,21 per 100      equal to the average, weighted by the special weighting
 kilograms of live weight more than the free-at-frontier          coefficients fixed in Annex II to Regulation (EEC) No
 offer price determined in accordance with Article 10 (2) of       610/77, of the prices recorded in the surplus and deficit
 Regulation (EEC) No 805/68 ;                                      zones ; whereas the price recorded in the surplus zone is
                                                                   equal to the arithmetic mean of the prices recorded on
                                                                   each of the markets within that zone ; whereas in respect
Whereas if the average price differs by less than ECU 0,60         of the United Kingdom the weighted average prices of
 per 100 kilograms of live weight from that previously             adult bovine animals recorded on the representative
 used to calculate the levy, the latter may be retained ;          markets of Great Britain on the one hand and Northern
                                                                   Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II ;
 Whereas in cases where one or more of the abovemen­
 tioned third countries adopt, for reasons of health for
 example, measures affecting the prices recorded on 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 qualities
                                                                   not obtained from prices which are 'live weight excluding
                                                                   tax' are multiplied by the live weight conversion coeffi­
 Whereas pursuant to Article 12 (6) of Regulation (EEC)            cients fixed in Annex II to the said Regulation and, in the
 No 805/68 the price of adult bovine animals on represen­          case of Italy, are first increased or reduced by the correc­
 tative Community markets is the price established on the          tive amounts fixed in the said Annex ;
 basis of prices recorded over a period to be determined on
 the representative market or markets of each Member
                                                                   (3) OJ No L 119, 8. 5. 1986, p. 40.
                                                                   (4) OJ No L 362, 30. 12. 1988, p. 4.
 0 OJ No L 77, 25. 3. 1977, p. 14.                                 0 OJ No L 77, 25. 3. 1977, p. 1 .
 0 OJ No L 109, 30. 4. 1977, p. 1 .                                (j OJ No L 162, 13. 6. 1989, p. 22.
 ---pagebreak--- No L 120/22                            Official Journal of the European Communities                                   11 . 5. 90
Whereas if one or more Member States, for veterinary or          Whereas the levies and special levies are fixed before the
health reasons for example, adopt measures affecting the         27th day of each month and are applicable from the first
normal trend of prices recorded on their markets the             Monday of the following month ; whereas these levies
Commission may disregard the prices recorded on the              may be altered in the period between two fixings where
market or markets in question, or use the latest prices          the basic levy or special basic levy is altered, or in the case
recorded on the market or markets in question before the         of changes in the prices recorded on Community repre­
entry into force of such measures ;                              sentative markets ;
                                                                 Whereas, if the levy system is to operate normally, levies
Whereas, in the absence of information, prices recorded          should be calculated on the following basis :
on representative Community markets are determined
mainly by reference to the most recently recorded prices ;
                                                                 — 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
Whereas for such period as the price of adult bovine                   rate, multiplied by the coefficient provided for in the
animals recorded on representative Community markets                   last paragraph of Article 3 (1 ) of Council Regulation
differs by less then 0,24 ECU per 100 kilograms of live                (EEC) No 1 676/85 (4), as last amended by Regulation
                                                                       (EEC) No 1636/870,
weight from the price previously used, the latter is
retained ;
                                                                 — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each of
                                                                       these currencies recorded over a given period in rela­
                                                                       tion to the Community currencies referred to in the
Whereas levies must be fixed having regard to the obliga­              previous indent and the aforesaid coefficient ;
tions arising from international agreements concluded by
the Community ; whereas account should also be taken of
Council Regulation (EEC) No 314/83 of 24 January 1983
on the conclusion of the Cooperation Agreement between           Whereas, having regard to the provisions of the aforemen­
the European Economic Community and the Socialist                 tioned Regulation, and in particular to the information
Federal Republic of Yugoslavia ^), and of Council Deci­           and quotations known to the Commission, the levies on
sion 87/605/EEC of 21 December 1987 on the conclu­                live cattle and beef and veal other than frozen meat
sion of the additional Protocol to the Cooperation Agree­         should be as set out in the Annex hereto,
ment between the European Economic Community and
the Socialist Federal Republic of Yugoslavia ^), antici­
pating a reduction in the levy applicable on imports into
the Community of certain products in the beef and veal
sector originating in and coming from Yugoslavia ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 715/90 (3) lays
 down the arrangements applicable on agricultural
 products and certain goods resulting from the processing
 of agricultural products originating in the African, Carib­                                 Article 1
 bean and Pacific States or in the overseas countries and
 territories :
                                                                  The import levies on live cattle and beef and veal other
                                                                   than frozen meat shall be as set out in the Annex to the
                                                                   present Regulation.
 Whereas the various cuts of beef and veal are denned in
 Regulation (EEC) No 586/77 ;
                                                                                             Article 2
 Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 No 805/68, the nomenclature provided for in this Regula­
 tion is incorporated in the combined nomenclature ;
                                                                   This Regulation shall enter into force on 14 May 1990.
 (>) OJ No L 41 , 14. 2. 1983, p. 1 .
 (2) OJ No L 389, 31 . 12. 1987, p. 72.                            (4) OJ No L 164, 24. 6. 1985, p. 1 .
 (3) OJ No L 84, 30. 3. 1990, p. 85 .                              (4 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 11 . 5. 90                    Official Journal of the European Communities                        No L 120/23
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
                                                                         /
           Done at Brussels, 10 May 1990.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission
 ---pagebreak--- No L 120/24                              Official Journal of the European Communities                                               11 . 5 . 90
                                                                  ANNEX
            to the Commission Regulation of 10 May 1990 fixing the import levies on
                                      live cattle and on beef and veal other than frozen
                                                                                                                     (ECU/100 kg)
                                                                                   Austria/Sweden/
                               CN code                       Yugoslavia (2)           Switzerland
                                                                                                           Other third countries
                                                                                  — Live weight —
                             0102 90 10                                                  16,963                (') 124,192
                             0102 90 31                          21,788              (') 16,963                (') 124,192
                             0102 90 33                                                  16,963                (') 124,192
                             0102 90 35                          21,788                  16,963                (') 124,192
                             0102 90 37                          21,788                  16,963                0124,192
                                                                                   — Net weight —
                             0201 10 10                                                  32,230                0235,964
                             0201 10 90                          41,397                  32,230                0 235,964
                             0201 20 21                           —
                                                                                         32,230                0 235,964
                             0201 20 29                          41,397                  32,230                0 235,964
                             0201 20 31                           —
                                                                                         25,785                0 188,771
                             0201 20 39                          33,118                  25,785                0 188,771
                             0201 20 51                          49,677                  38,676                0283,157
                             0201 20 59                          49,677                  38,676                0 283,157
                             0201 20 90                           —
                                                                                         48,345                0 353,946
                             0201 30 00                           —
                                                                                         55,300                0 404,864
                             0206 10 95                           —
                                                                                         55,300                0404,864
                             0210 20 10                        '  —                      48,345                    353,946
                             0210 20 90                           —
                                                                                         55,300                    404,864
                             0210 90 41                           —
                                                                                         55,300                    404,864
                             0210 90 90                           —
                                                                                         55,300                    404,864
                             1602 50 10                           —
                                                                                         55,300                    404,864
                             1602 90 61                           —
                                                                                         55,300                    404,864
            (') In accordance with Regulation (EEC) No 715/90, levies are not applied to products imported directly into the
                 French overseas departments, 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 1368/88 (OJ No
                 L 126, 20. 5. 1988, p. 26).