CELEX: 31979R0256
Language: en
Date: 1979-02-10 00:00:00
Title: Commission Regulation (EEC) No 256/79 of 9 February 1979 fixing the import levies on live cattle and on beef and veal other than frozen

No L 36/24                           Official Journal of the European Communities                               10 . 2. 79
                                   COMMISSION REGULATION (EEC) No 256/79
                                                   of 9 February 1979
               fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN                                  Whereas if it is found that the price of adult bovine
COMMUNITIES,                                                    animals on representative Community markets is
                                                                equal to or less than the guide price, the levy appli­
Having regard to the Treaty establishing the European           cable equals the following percentage of the basic
Economic Community,                                             levy :
Having regard to Council Regulation (EEC) No                    (a) 100 % where the market price is more than or
805/68 of 27 June 1968 on the common organization                    equal to 98 % of the guide price ;
of the market in beef and veal (!), as last amended by          (b) 105 % where the market price is less than 98 %
Regulation (EEC) No 425/77 (2), and in particular                    and more than or equal to 96 % of the guide
Article 12(8) thereof.                                               price ;
Having regard to the opinion of the Monetary                   (c) 110 % where the market price is less than 96 %
Committee,                                                           and more than or equal to 90 % of the guide
                                                                     price ;
Whereas under Article 9 of Regulation (EEC) No
                                                                (d) 114% where the market price is less than 90 %
805/68 a levy is applicable to the products specified in
                                                                     of the guide price ;
Article 1 ( l)(a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to
a percentage of the basic levy ;                               Whereas pursuant to Article 10(4) of Regulation
                                                               (EEC) No 805/68 the basic levy on the meat specified
Whereas in respect of bovine animals the basic levy is          in sections (a), (c) and (d) of the Annex thereto is equal
determined on the basis of the difference between the           to the basic levy determined for bovine animals, multi­
guide price and the Community free-at-frontier offer            plied by a standard coefficient fixed for each of the
price plus the amount of the customs duty ; whereas             products in question ; whereas these coefficients are
the Community free-at-frontier offer price is deter­            fixed by Regulation (EEC) No 586/77 (3), as amended
mined in the light of the most representative                   by Regulation (EEC) No 2658/78 (4) ;
purchasing possibilities, as regards quality and quan­
tity, recorded over a certain period for bovine animals        Whereas the guide prices for adult bovine animals to
and for the fresh or chilled meat specified in                  be applied from 22 May 1978 were fixed by Council
section (a) of the Annex to the said Regulation under           Regulation (EEC) No 995/78 of 12 May 1978 (5) ;
subheadings 02.01 A II a) 1 to 3, account being taken
in particular of the position with respect to supply
and demand, of world market prices for frozen meat             Whereas Commission Regulation (EEC) No 586/77 of
of a category which is competitive with fresh or                18 March 1977 laying down the rules for the applica­
chilled meat and of past experience ;                           tion of levies on beef and veal and amending Regula­
                                                                tion (EEC) No 950/68 on the Common Customs
Whereas if it is found that the price of adult bovine          Tariff, stipulates that the basic levy is to be calculated
animals on representative Community markets is                  according to the method set out in its Article 3 and
higher than the guide price, the levy applicable equals         on the basis of all the representative free-at-frontier
the following percentage of the basic levy :                    offer prices of the Community determined for the
                                                                products of each of the categories and cuts specified
(a) 75 % where the market price is less than or equal           in Article 2 and established principally by reference to
     to 1 02 % of the guide price ;                             the prices specified in the customs documents accom­
(b) 50 % where the market price is more than 102 %              panying products imported from third countries or
     and less than or equal to 104 % of the guide               from other information concerning export prices
     price ;                                                    obtaining in those third countries ;
(c) 25 % where the market price is more than 104 %             Whereas, however, offer prices that do not correspond
     and less than or equal to 106 % of the guide
                                                                to real purchasing possibilities or that relate to unre­
     price ;                                                    presentative quantities should not be taken into
(d) 0 % where the market price is more than 106 %               account ; whereas offer prices should also be excluded
     of the guide price ;
                                                               (3) OJ No L 75, 23 . 3. 1977, p. 10.
(») OJ No L 148, 28 . 6. 1968, p. 24.                            4) OJ No L 320, 14. 11 . 1978 , p. 10 .
(2) OJ No L 61 , 5. 3 . 1977, p. 1 .                           (5) OJ No L 130, 18 . 5. 1978, p. 1 .
 ---pagebreak--- 10 . 2 . 79                           Official Journal of the European Communities                          No L 36/25
when the movement of prices in general or the infor­             markets of each Member State in respect of the
mation available suggests that they are unrepresenta­           various categories of adult bovine animals or of meat
tive of the true trend of prices in the country of               from such animals, after taking into account the size
origin ;                                                        of each of these categories and the relative size of the
                                                                 bovine herd of each Member State :
Whereas in cases where for one or more categories of
bovine animals or cuts of meat a free-at-frontier offer
price cannot be established, the most recent available          Whereas the prices of adult bovine animals recorded
price should be used for the calculation ;                       on the representative market or markets of each
                                                                Member State are equal to the average, weighted by
Whereas if the free-at-frontier offer price differs by
                                                                 the appropriate coefficients, of the prices for the
                                                                various qualities of adult bovine animals or meat of
less than 0-50 unit of account per 100 kilograms of
                                                                such animals over a period of seven days in that
live weight from that previously listed for the calcula­        Member State at a particular wholesale marketing
tion of the levy, the latter price should be retained ;
                                                                 stage ; whereas the representative markets, categories
                                                                and qualities of products and weighting coefficients
Whereas pursuant to Article 10(3) of Regulation                  are fixed in Annex II to Commission Regulation
(EEC) No 805/68 a special basic levy is determined              (EEC) No 610/77 of 18 March 1977 on the determina­
for certain third countries on the basis of the differ­          tion of prices of adult bovine animals on representa­
ence between the guide price and the average price               tive Community markets and the survey of prices of
recorded over a certain period plus the amount of the            certain other cattle in the Community (3), as last
customs duty ;                                                   amended by Regulation (EEC) No 1029/78 (4);
Whereas Commission Regulation (EEC) No 611 /77 of
18 March 1977 (!), as amended by Regulation (EEC)               Whereas, for Member States with several representa­
No 925/77 (2), provides that the special levy on                 tive markets, the price of each category and quality is
products originating in and coming from Austria,                 equal to the arithmetic mean of the prices recorded
Sweden and Switzerland should be determined on the               on each of those markets ; whereas, for representative
basis of the weighted average of the prices of adult             markets held several times in one period of seven
bovine animals recorded on the representative markets            days, the price of each category and quality is equal to
of those third countries ; whereas the weighting coeffi­         the arithmetic mean of the prices recorded on each
cients and representative markets are specified in the           market day ; whereas in respect of Italy the price of
Annexes to Regulation (EEC) No 611 /77 ;                         each category and quantity is equal to the average,
                                                                 weighted by the special weighting coefficients fixed in
Whereas the average price is not to be used for calcu­           Annex II to Regulation (EEC) No 610/77, of the
lating the special levy unless it is at least one unit of        prices recorded in the surplus and deficit zones ;
account per 100 kilograms of live weight more than               whereas the price recorded in the surplus zone is
the free-at-frontier offer price determined in accor­            equal to the arithmetic mean of the prices recorded
dance with Article 10(2) of Regulation (EEC) No                  on each of the markets within that zone ; whereas in
805/ 68 ;                                                        respect of the United Kingdom the weighted average
                                                                 prices of adult bovine animals recorded on the repre­
                                                                 sentative markets of Great Britain on the one hand
Whereas if the average price differs by less than 0-50           and Northern Ireland on the other are adjusted by the
unit of account per 100 kilograms of live weight from            coefficient fixed in the abovementioned Annex II :
that previously used to calculate the levy, the latter
may be retained ;
                                                                 Whereas prices for the different categories and quali­
Whereas in cases where one or more of the abovemen­
                                                                 ties not obtained from prices which are 'live weight
tioned third countries adopt, for reasons of health for          excluding tax' are multiplied by the live weight conver­
example, measures affecting the prices recorded on               sion coefficients fixed in Annex II to the said Regula­
their markets, the Commission may use the latest                 tion and, in the case of Italy, are first increased or
prices recorded before the entry into force of such              reduced by the corrective amounts fixed in the said
measures ;                                                       Annex :
Whereas pursuant to Article 12(6) of Regulation
(EEC) No 805/68 the price of adult bovine animals on             Whereas if one or more Member States, for veterinary
representative Community markets is the price esta­              or health reasons for example, adopt measures
blished on the basis of prices recorded over a period            affecting the normal trend of prices recorded on their
to be determined on the representative market or                 markets the Commission may disregard the prices
(>) OJ No L 77^ 25 . 3 . 1977, p. 14.                            (3) OJ No L 77, 25. 3. 1977, p. 1 .
 2) OJ No L 109, 30 . 4. 1977, p. 1 .                            (4) OJ No L 132, 20. 5. 1978, p. 63.
 ---pagebreak--- No L 36/26                            Official Journal of the European Communities                           10 . 2. 79
recorded on the market or markets in question, or use            fixings where the basic levy or special basic levy is
the latest prices recorded on the market or markets in           altered, or in the case of changes in the prices
question before the entry into force of such measures ;          recorded on Community representative markets ;
Whereas in the absence of information, prices                   Whereas, to enable the levy system to function
recorded on representative Community markets are                 normally, the following should be used to calculate
determined mainly by reference to the most recently              the levies ;
recorded prices ;                                                — for currencies whose spot rates are maintained at
Whereas for such period as the price of adult bovine                 any given moment within a spread of 2-25 % , a
animals recorded on representative Community                         conversion rate based on their actual par values ;
markets differs by less then 0-20 unit of account per            — for other currencies, a conversion rate based on
100 kilograms of live weight from the price previously               the arithmetic mean of the spot exchange rates of
used the latter is retained ;                                        each of these currencies, recorded over a given
                                                                     period, in relation to the Community currencies
Whereas the levies should be so fixed that the obliga­               referred to in the previous indent ;
tions arising from international agreements concluded
by the Community continue to be fulfilled ; whereas,             Whereas, having regard to the provisions of the afore­
moreover, account should be taken of Regulation                  mentioned Regulations, and in particular to the data
(EEC) No 2170/73 of 31 July 1973 on the conclusion               and quotations available to the Commission, the levies
of the Trade Agreement between the European                      on adult bovine animals and beef and veal other than
Economic Community and the Socialist Federal Repu­               frozen meat should be as set out in the Annex to this
blic of Yugoslavia ('), as amended by Regulation (EEC)           Regulation,
No 2862/77 (2) and last extended by Regulation (EEC)
No 233/79 (3) ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas the various cuts of beef and veal are defined
in Regulation (EEC) No 586/77 ;                                                          Article 1
Whereas, pursuant to Article 33 (2) of Regulation
(EEC) No 805/68, the nomenclature used in this Regu­             The import levies on live cattle and beef and veal
lation is incorporated in the Common Customs                     other than frozen meat shall be as specified in the
Tariff ;                                                         Annex to this Regulation.
Whereas the levies and special levies are fixed before                                   Article 2
the 27th day of each month and are applicable from
 the first Monday of the following month ; whereas               This Regulation shall enter into force on 12 February
 these levies may be altered in the period between two            1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 9 February 1979 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
 (1) OJ No L 224, 13. 8 . 1973, p. 1 .
 (2) OJ No L 330, 23. 12. 1977, p. 9.
 P) OJ No L 34, 9 . 2. 1979, p. 1 .
 ---pagebreak--- 10 . 2. 79                                   Official Journal of the European Communities                                                          No L 36/27
                                                                           ANNEX
            to the Commission Regulation of 9 February 1979 fixing the import levies on live cattle
              and on beef and veal other than frozen (J) for the period beginning 12 February 1979
                                                                                                                                     (u. aJ100 kg)
                                 CCT heading No                             Austria/Sweden/Switzerland               Other third countries
                                                                                                  — Live weight —
            01.02 A II a) (a)                                                                                               52-765
            01.02 A lib) (b)                                                         20-496                                58-972
                                                                                                   — Net weight —
           02.01 A II a) 1 aa) (a)                                                      _
                                                                                                                          100-253
           02.01 A II a) 1 bb)                                                       38-942                               112-047
           02.01 A II a) 2 aa) (a)                                                      —                                  80-203
           02.01 A II a) 2 bb)                                                       31-154                                89-638
           02.01 A II a) 3 aa) (a)                                                      —                                 120-303
           02.01 A II a) 3 bb)                                                       46-731                               134-456
           02.01 A II a) 4 aa)                                                       58-414                               168-071
           02.01 A II a) 4 bb)                                                       66-818                               192-250
           02.06 C I a) 1                                                            58-414                               168-071
           02.06 C I a) 2                                                            66-818                               192-250
            16.02 B III b) 1 aa)                                                     66-818                               192-250
           (') In accordance with Regulation (EEC) No 706/76, levies are not applied to imports into the French overseas departments of products
               originating in the African , Caribbean and Pacific States or in the overseas countries and territories.
           (a) The levy shall be established in accordance with the provisions set out in Annex I to the Trade Agreement between the EEC and
                the Socialist Federal Republic of Yugoslavia.
           (b) The levy which is to be applied to young male bovine animals, intended for fattening, of a live weight of 300 kg or less, imported
               under the conditions set out in Article 13 of Council Regulation (EEC) No 805/ 68 of 27 June 1968 , and in the provisions adopted
               for its application, is totally or partially suspended in accordance with those provisions .