CELEX: 31988R1083
Language: en
Date: 1988-04-27 00:00:00
Title: Commission Regulation (EEC) No 1083/88 of 26 April 1988 fixing the import levies on live cattle and on beef and veal other than frozen

27. 4. 88                            Official Journal of the European Communities                              No L 106/5
                                  COMMISSION REGULATION (EEC) No 1083/88
                                                     of 26 April 1988
                     fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     (d) 0 % where the market price is more than 106 % of
                                                                     the guide price ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                Whereas if it is found that the price of adult bovine
                                                                animals on representative Community markets is equal to
Having regard to the Act of Accession of Spain and              or less than the guide price, the levy applicable equals the
Portugal,                                                       following percentage of the basic levy :
Having regard to Council Regulation (EEC) No 805/68 of          (a) 100 % where the market price is more than or equal
27 June 1968 on the common organization of the market                to 98 % of the guide price ;
in beef and veal ('), as last amended by Regulation (EEC)       (b) 105 % where the market price is less than 98 % and
No 3905/87 (2), and in particular Article 12 (8) thereof,            more than or equal to 96 % of the guide price ;
                                                                (c) 110 % where the market price is less than 96 % and
Having regard to the opinion of the Monetary Committee,              more than or equal to 90 % of the guide price ;
                                                                (d) 114 % where the market price is less than 90 % of
Whereas under Article 9 of Regulation (EEC) No 805/68                the guide price ;
a levy is applicable to the products specified in Article 1
(1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percen­
tage of the basic levy ;                                        Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                No 805/68 the basic levy on the meat specified in
                                                                sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is          basic levy determined for bovine animals, multiplied by a
determined on the basis of the difference between the           standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer            question ; whereas these coefficients are fixed by
price plus the amount of the customs duty ; whereas the         Commission Regulation (EEC) No 586/77 of 18 March
Community free-at-frontier offer price is determined in          1977 laying down rules for the application of levies on
the light of the most representative purchasing possibili­      beef and veal and amending Regulation (EEC) No 950/68
ties, as regards quality and quantity, recorded over a          on the Common Customs Tariff (3), as last amended by
certain period for bovine animals and for the fresh or          Regulation (EEC) No 3988/87 (*) ;
chilled meat specified in section (a) of the Annex to the
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 guide prices for adult bovine animals to be
cular of the position with respect to supply and demand,        applied from 6 July 1987 were fixed by Council Regula­
of world market prices for frozen meat of a category            tion (EEC) No 1891 /87 (*); whereas Council Regulation
which is competitive with fresh or chilled meat and of          (EEC) No 1060/88 of 19 April 1988 (*) has extended the
past experience ; .                                             1987/88 marketing year for beef and veal ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is higher           Whereas Regulation (EEC) No 586/77 stipulates that the
than the guide price, the levy applicable equals the follo­     basic levy is to be calculated according to the method set
wing percentage of the basic levy :                             out in its Article 3 and on the basis of all the representa­
                                                                tive free-at-frontier offer prices of the Community deter­
(a) 75 % where the market price is less than or equal to        mined for the products of each of the categories and cuts
     102 % of the guide price ;                                 specified in Article 2 and established principally by
                                                                reference to the prices specified in the customs docu­
(b) 50 % where the market price is more than 102 % and          ments accompanying products imported from third coun­
     less than or equal to 104 % of the guide price ;           tries or from , other information concerning export prices
                                                                obtaining in those third countries ;
(c) 25 % where the market price is more than 104 % and
     less than or equal to 106 % of the guide price ;
                                                                (3) OJ  No  L  75, 23. 3. 1977, p. 10.
                                                                («) OJ  No  L  376, 31 . 12. 1987, p. 31
(') OJ No L 148, 28. 6. 1968, p. 24.                            0   OJ  No  L  182, 3. 7. 1987.
(2) OJ No L 370, 30. 12. 1987, p. 7.                            («) OJ  No  L  104, 23. 4. 1988, p. 5.
 ---pagebreak--- No L 106/6                               Official Journal of the European Communities                                  27. 4. 88
Whereas, however, offer prices that do not correspond to           the representative market or markets of each Member
real purchasing possibilities or that relate to unrepresenta­      State in respect of the various categories of adult bovine
tive quantitities should not be taken into account ;               animals or of meat from such animals, after taking into
whereas offer prices should also be excluded when the              account the size of each of these categories and the rela­
movement of prices in general or the information avai­             tive size of the bovine herd of each Member State :
lable suggests that they are unrepresentative of the true
trend of prices in the country of origin ;
Whereas in cases where for one or more categories of               Whereas the prices of adult bovine animals recorded on
bovine animals or cuts of meat a free-at-frontier offer            the representative market or markets of each Member
price cannot be established, the most recent available             State are equal to the average, weighted by the appropriate
price should be used for the calculation ;                         coefficients, of the prices for the various qualities of adult
                                                                   bovine animals or meat of such animals over a period of
                                                                   seven days in that Member State at a particular wholesale
Whereas if the free-at-frontier offer price differs by less         marketing stage ; whereas, the price of adult bovine
than 0,60 ECU per 1 00 kilograms of live weight from that          animals recorded on the representative market or markets
previously used for the calculation of the levy, the latter         of the United Kingdom shall be corrected by the amount
price should be retained ;                                          of the premium granted to producers under Regulation
                                                                   (EEC) No 1347/86 (3), as last amended by Regulation
                                                                    (EEC) No 467/87 (4) ; whereas the representative markets,
Whereas pursuant to Article 10 (3) of Regulation (EEC)              categories and qualities of products and weighting coeffi­
No 805/68 a special basic levy is determined for certain            cients are fixed in Annex II to Commission Regulation
third countries on the basis of the difference between the          (EEC) No 610/77 of 18 March 1977 on the determination
guide price and the average price recorded over a certain           of prices of adult bovine animals on representative
period plus the amount of the customs duty ;                        Community markets and the survey of prices of certain
                                                                    other cattle in the Community ^, as last amended by
                                                                    Regulation (EEC) No . 3003/87 («) ;
Whereas Commission Regulation (EEC) No 611 /77 of 18
March 1977 ('), as amended by Regulation (EEC) No
925/77 (2), provides that the special levy on products origi­
nating in and coming from Austria, Sweden and Switzer­
land should be determined on the basis of the weighted              Whereas, for Member States with several representative
average of the prices of adult bovine animals recorded on           markets, the price of each category and quality is equal to
 the representative markets of those third countries ;              the arithmetic mean of the prices recorded on each of
whereas the weighting coefficients and representative               those markets ; whereas, for representative markets held
 markets are specified in the Annexes to Regulation (EEC)           several times in one period of seven days, the price of
 No 611 /77 ;                                                       each category and quality is equal to the arithmetic mean
                                                                    of the prices recorded on each market day ; whereas in
                                                                     respect of Italy the price of each category and quantity is
 Whereas the average price is not to be used for calcula­            equal to the average, weighted by the special weighting
 ting the special levy unless it is at least 1,21 ECU per 100        coefficients fixed in Annex II to Regulation (EEC) No
 kilograms of live weight more than the free-at-frontier             610/77, of the prices recorded in the surplus and deficit
 offer price determined in accordance with Article 10 (2) of         zones ; whereas the price recorded in the surplus zone is
 Regulation (EEC) No 805/68 ;                                        equal to the arithmetic mean of the prices recorded on
                                                                     each of the markets within that zone ; whereas in respect
                                                                     of the United Kingdom the weighted average prices of
 Whereas if the average price differs by less than 0,60 ECU          adult bovine animals recorded on the representative
 per 100 kilograms of live weight from that previously               markets of Great Britain on the one hand and Northern
 used to calculate the levy, the latter may be retained ;            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                  Whereas prices for the different categories and qualities
  recorded before the entry into force of such measures ;            not obtained from prices which are 'live weight excluding
                                                                     tax' are multiplied by the live weight conversion coeffi­
                                                                     cients fixed in Annex II to the said Regulation and, in the
 Whereas pursuant to Article 12 (6) of Regulation (EEC)              case of Italy, are first increased or reduced by the correc­
  No 805/68 the price of adult bovine animals on represen­           tive amounts fixed in the said Annex ;
  tative Community markets is the price established on the
  basis of prices recorded over a period to be determined on         (3) OJ No L 119, 8. 5. 1986, p. 40.
                                                                     (♦) OJ No L 48, 17. 2. 1987, p. 1 .
  (') OJ No L 77, 25. 3. 1977, p. 14.                                0 OJ No L 77, 25. 3. 1977, p. 1 .
  (2) OJ No L 109, 30. 4. 1977, p. 1 .                               M OJ No L 285, 8. 10. 1987, p. 11 .
 ---pagebreak--- 27. 4. 88                                Official Journal of the European Communities                                No L 106/7
 Whereas if one or more Member States, for veterinary or           Monday of the following month ; whereas these levies
health reasons for example, adopt measures affecting the           may be altered in the period between two fixings where
normal trend of prices recorded on their markets the               the basic levy or special basic levy is altered, or in the case
Commission may disregard the prices recorded on the                of changes in the prices recorded on Community repre­
market or markets in question, or use .the latest prices           sentative markets ;
recorded on the market or markets in question before the
entry into force of such "measures ;
                                                                   Whereas Council Regulation (EEC) No 2658/87 of 23
                                                                   July 1987 on the tariff and statistical nomenclature and
                                                                   on the Common Customs Tariff ^, as last amended by
Whereas, in the absence of information, prices recorded            Regulation (EEC) No 1058/88 (*), introduces, with effect
on representative Community markets are determined                 from 1 January 1988, a new combined nomenclature
mainly by reference to the most recently recorded prices ;         which meets the requirements of both the Common
                                                                   customs Tariff and the Community's statistics on foreign
                                                                   trade and which replaces the previous nomenclature ;
Whereas for such period as the price of adult bovine
animals recorded on representative Community markets               Whereas, if the levy system is to operate normally, levies
differs by less then 0,24 ECU per 100 kilograms of live            should be calculated on the following basis :
weight from the price previously used, the latter is
retained :                                                         — 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 levies must be fixed having regard to the obliga­               rate, multiplied by the coefficient provided for in the
tions arising from international agreements concluded by                last paragraph of Article 3 (1 ) of Council Regulation
the Community ; whereas account should also be taken of                 (EEC) No 1 676/85 Q, as last amended by Regulation
Council Regulation (EEC) No 314/83 of 24 January 1983                   (EEC) No 1 636/87 (8),
on the conclusion of the Cooperation Agreement between             — for other currencies, an exchange rate based on the
the European Economic Community and the Socialist                       arithmetic mean of the spot market rates of each of
Federal Republic of Yugoslavia ('), and of Council Deci­                these currencies recorded over a given period in rela­
sion 87/605/EEC of 21 December 1987 on the conclu­                      tion to the Community currencies referred to in the
sion of the additional Protocol to the Cooperation Agree­               previous indent and the aforesaid coefficient ;
ment between the European Economic Community and
the Socialist Federal Republic of Yugoslavia (2), antici­
pating a reduction in the levy applicable on imports into          Whereas, having regard to the provisions of the aforemen­
the Community of certain products in the beef and veal             tioned Regulation, and in particular to the information
sector originating in and coming from Yugoslavia ;                 and quotations known to the Commission, the levies on
                                                                   live cattle and beef and veal other than frozen meat
                                                                   should be as set out in the Annex hereto,
Whereas Council Regulation (EEC) No 486/85 (3), last
amended by Regulation (EEC) No 1821 /87 (4), lays down
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural
products originating in the African, Caribbean and Pacific         HAS ADOPTED THIS REGULATION :
States or in the overseas countries and territories ;
Whereas the various cuts of beef and veal are defined in                                     Article 1
Regulation (EEC) No 586/77 ;
                                                                   The import levies on live cattle and beef and veal other
                                                                   than frozen meat shall be as set out in the Annex to the
Whereas, pursuant to Article 33 (2) of Regulation (EEC)            present Regulation .
No 805/68, the nomenclature provided for in this Regula­
tion is incorporated in the combined nomenclature ;
                                                                                             Article 2
Whereas the levies and special levies are fixed before the
27th day of each month and are applicable from the first           This Regulation shall enter into force on 2 May 1988 .
(■) OJ No  L 41 , 14. 2. 1983, p. 1 .                              O OJ No L 256, 7. 9. 1987, p. 1 .
(2) OJ No  L  389, 31 . 12. 1987, p. 72.                           («) OJ No L 104, 23. 4. 1988, p. 1 .
(3) OJ No  L  61 , 1 . 3. 1985, p. 4.                              o OJ No L 164, 24. 6. 1985, p. 1 .
0   OJ No  L  172, 30. 6. 1987, p. 102.                            if) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 106/8                    Official Journal of the European Communities                        27. 4. 88
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 26 April 1988.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President
 ---pagebreak--- 27. 4. 88                             Official Journal of the European Communities                                              No L 106/9
                                                               ANNEX
          to the Commission Regulation of 26 April 1988 fixing the import levies on
                                   live cattle and on beef and veal other than frozen (')
                                                                                                                 (ECU/100 kg)
                                                                                 Austria/Sweden/       Other third countries
                            CN code                       Yugoslavia J2)           Switzerland
                                                                               — Live weight —
                           0102 90 10                                                27,564                   131,237
                           0102 90 31                       23,024                   27,564                   131,237
                           0102 90 33                       23,024                   27,564                   131,237
                           0102 90 35                       23,024                   27,564                   131,237
                           0102 90 37                       23,024                   27,564                   131,237
                                                                  /
                                                                                — Net weight —
                           0201 10 10                                                52,372                   249,350
                           0201 10 90                       43,746                   52,372                   249,350
                           0201 20 11                       43,746                   52,372                   249,350
                           0201 20 19                       43,746                   52,372                   249,350
                           0201 20 31                        34,996                  41,897                   199,479
                           0201 20 39                        34,996                  41,897                    199,479
                           0201 20 51                        52,495                  62,846                   299,220
                           0201 20 59                        52,495                  62,846                   299,220
                           0201 20 90                                                78,557                   374,025
                           0201 30                                                   89,859                   427,832
                           0206 10 95                                                89,859                   427,832
                           0210 20 10                                                78,557                   374,025
                           0210 20 90                                                89,859                   427,832
                           0210 90 41                                                89,859                   427,832
                           0210 90 90                                                89,859                   427,832
                           1602 50 10                                                89,859                   427,832
                           1602 90 61                                                89,859                   427,832
          (') 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.
          (*) This levy is applicable only to products complying with the provisions of Regulation (EEC) No 41 29/87 (OJ No
              L 397, 31 . 12. 1987, p. 9).