CELEX: 31977R0935
Language: en
Date: 1977-04-30 00:00:00
Title: Commission Regulation (EEC) No 935/77 of 29 April 1977 fixing the import levies on frozen beef and veal

No L 109/24                          Official Journal of the European Communities                               30 . 4. 77
                                    COMMISSION REGULATION EEC No 935/77
                                                      of 29 April 1977
                                    fixing the import levies on frozen beef and veal
 THE COMMISSION OF THE EUROPEAN                                   Whereas, if it is found that   the price of adult bovine
 COMMUNITIES,                                                     animals on representative       Community markets is
                                                                  higher than the guide price,   the levy applicable equals
                                                                  the following percentage of    the basic levy :
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                  (a) 75 % where the market price is less than or equal
                                                                      to 1 02 % of the guide price ;
 Having regard to Council Regulation (EEC) No
 805/68 of 27 June 1968 on the common organization                (b) 50 % where the market price is more than 1 02 %
 of the market in beef and veal (J), as last amended by               and less than or equal to 1 04 % of the guide
 Regulation (EEC) No 425/77 (2), and in particular                    price ;
 Article 12 (8) thereof,
                                                                  (c) 25 % where the market price is more than 104 %
 Having regard to the opinion of the Monetary                         and less than 106 % of the guide price ;
 Committee,
                                                                  (d) 0 % where the market price is more than 106 %
                                                                      of the guide price ;
 Whereas under Article 9 of Regulation (EEC) No
 805/68 a levy is applicable to the products specified in
 Article 1 ( 1 ) (a) of that Regulation whereas Article 12        Whereas, if it is found that the price of adult bovine
 fixes the amount of the levy applicable by reference to          animals on representative Community markets is
 a percentage of the basic levy ;                                 equal to or less than the guide price, the levy appli­
                                                                  cable equals the following percentage of the basic
                                                                  levy :
 Whereas, in respect of the types of frozen meat listed
 in section (b) of the Annex to the said Regulation
 under subheading 02.01 A II b) 1 , the basic levy is            (a) 100 % where the market price is more than or
 determined by reference to the difference between :                  equal to 98 % of the guide price ;
— the guide price multiplied by a coefficient repre­             (b) 105 % where the market price is less than 98 %
     senting the ratio existing in the Community                      and more than or equal to 96 % of the guide
     between the price of fresh meat of a category                    price ;
     competitive with the frozen meat in question,
     presented in the same form, and the average price           (c) 110 % where the market price is less than 96 %
     of adult bovine animals, and                                     and more than or equal to 90 % of the guide
                                                                      price ;
— the Community free-at-frontier offer price for
     frozen meat, plus the amount of the customs duty            (d) 114 % where the market price is less than 90 %
     and a standard amount representing the specific                  of the guide price ;
     costs of the import operations ;
                                                                 Whereas the guide prices for adult bovine animals to
Whereas, by Commission Regulation (EEC) No                       be applied from 2 May 1977 have been fixed by
 586/77 of 18 March 1977 laying down rules for the               Council Regulation (EEC) No 869/77 of 26 April
application of the levies on beef and veal and                    1 977 (4) ;
amending Regulation (EEC) No 950/68 on the
Common Customs Tariff (3), the abovementioned coef­
ficient, calculated in accordance with the rules laid
down in Article 11 (2) (a) of Regulation (EEC) No                Whereas the Community free-at-frontier offer price
805/68, has been fixed at 1 *69 units of account and             for frozen meat is determined by reference to the
the standard amount referred to in Article 1 1 (2) (b) of        world market price based on the most representative
the said Regulation has been fixed at 5-5 units of               purchasing possibilities, as regards quality and quan­
account ;
                                                                 tity, recorded over a certain period preceding the
                                                                 fixing of the basic levy, taking into account in parti­
                                                                 cular :
(■) OJ No L 148, 28 . 6. 1968, p. 24.
(2) OJ No L 61 , 5. 3. 1977, p. 1 .
(J) OJ No L 75, 23 . 3 . 1977, p. 10.                            (4) OJ No L 106, 29 . 4. 1977, p. 12.
 ---pagebreak---  30 . 4. 77                          Official Journal of the European Communities                          No L 109/25
 — foreseeable developments on the market in frozen             tion (EEC) No 430/77 of 14 February 1977 laying
      meat,                                                     down general rules for the system of compensatory
 — the most representative prices on third country              amounts for beef and veal (2) ;
      markets for fresh and chilled meat of a category
      which is competitive with frozen meat,                    Whereas, for Member States with several representa­
                                                                tive markets, the price of each category and quality is
 — past experience ;                                            equal to the arithmetic mean of the prices recorded
                                                                on each of those markets ; for representative markets
 Whereas the basic levy on the types of frozen meat             held several times in one period of seven days, the
 listed in section (b) of the Annex to Regulation (EEC)         price of each category and quality is equal to the arith­
 No 805/68 under subheadings 02.01 A II b) 2 to 4 is            metic mean of the prices recorded on each market
 equal to the basic levy fixed for the product falling          day ; whereas in respect of Italy the price of each cate­
 within subheading 02.01 A II b) 1 , multiplied by a           gory and quality is equal to the average, weighted by
 standard coefficient fixed for each of the products in         the special weighting coefficients fixed in Annex II to
 question ; whereas these coefficients were fixed in            Regulation (EEC) No 610/77, of the prices recorded in
 Annex II to Regulation (EEC) No 586/77 ;                       the surplus and deficit zones ; whereas the price
                                                                recorded in the surplus zone is equal to the arithmetic
 Whereas, for the purpose of fixing the free-at-frontier        mean of the prices recorded on each of the markets
 offer prices, offer prices that do not correspond to real     within that zone ; whereas in respect of the United
 purchasing possiblities or that relate to unrepresenta­        Kingdom the weighted average prices of adult bovine
 tive quantities may not be taken into account ;                animals recorded on the representative markets of
whereas offer prices are also excluded when the move­          Great Britain on the one hand and Northern Ireland
 ment of prices in general or the information available        on the other are adjusted by the coefficient fixed in
gives reason to believe that they are unrepresentative          the abovementioned Annex II ;
 of the true trend of prices in the country of origin ;
                                                               Whereas prices for the different categories and quali­
Whereas, where the free-at-frontier offer price for            ties not obtained from prices which are 'live weight
 frozen meat differs by less than one unit of account          excluding tax', are multiplied by the live weight
 per 100 kilograms from that previously used for the           conversion coefficients fixed in Annex II to the said
calculation of the levy, the latter price is retained ;        Regulation and, in the case of Italy, are first increased
                                                               or reduced by the corrective amounts fixed in the said
Whereas pursuant to Article 12 (6) of Regulation               Annex ;
(EEC) No 805/68 the price of adult bovine animals on
 representative Community markets is the price esta­           Wherea if one or more Member States, for veterinary
blished on the basis of prices recorded over a period          or health reasons for example, adopt measures
 to be determined on the representative market or              affecting the normal trend of prices recorded on their
 markets of each Member State, for the various catego­         markets, the Commission may disregard the prices
 ries of adult bovine animals or of meat from such
                                                               recorded on the market or markets in question, or use
animals, taking into account the size of each of these         the latest prices recorded on the market or markets in
categories and the relative size of the bovine herd of         question before the entry into force of such measures ;
each Member State ;
                                                               Whereas in the absence of information , prices
Whereas the prices of adult bovine animals recorded            recorded on representative Community markets are
on the representative market or markets of each                determined mainly by reference to the most recently
Member State are equal to the average, weighted by             recorded prices ;
the relevant coefficients, of the prices for the various
qualities of adult bovine animals or meat of such              Whereas, for such period as the price of adult bovine
animals over a period of seven days in that Member             animals recorded on representative Community
State at a particular wholesale marketing stage ;              markets differs by less than 0-20 unit of account per
whereas the representative markets, categories and              100 kilograms of live weight from the price previously
qualities of products and weighting coefficients are           used, the latter is retained ;
fixed in Annex II to Commission Regulation (EEC)
 No 610/77 of 18 March 1977 on the determination of            Whereas the levies must be so fixed that obligations
prices of adult bovine animals on representative               arising from international agreements concluded by
Community markets and the survey of prices of                  the Community continue to be fulfilled ; whereas,
certain other cattle in the Community (') ;                    moreover account should be taken of Regulation
                                                               (EEC) No 2170/73 of 31 July 1973 on the conclusion
Whereas the prices of adult bovine animals recorded            of the Trade Agreement between the European
on the market or markets of Ireland and the United             Economic Community and the Socialist Federal Repu­
Kingdom must be increased by the compensatory                  blic of Yugoslavia (3) ;
amount referred to in Article 1 ( 1 ) of Council Regula­
                                                               (2) OJ No L 61 , 5. 3 . 1977, p. 20 .
(■) OJ No L 77, 25. 3 . 1977, p. 1 .                           (3) OJ No L 224, 13. 8 . 1973, p. 1 .
 ---pagebreak--- No L 109/26                        Official Journal of the European Communities                           30 . 4. 77
Whereas the various cuts of frozen meat are defined          — for other currencies, a conversion rate based on
in Regulation (EEC) No 586/77 ;                                  the arithmetic mean of the spot exchange rates of
                                                                 each of these currencies, recorded over a given
Whereas, pursuant to Article 33 (2) of Regulation                period, against the Community currencies referred
(EEC) No 805/68, the nomenclature used in this Regu­             to in the previous indent ;
lation is incorporated in the Common Customs
Tariff ;                                                     Whereas, having regard to the provisions of the afore­
                                                             mentioned Regulations, and in particular to the data
Whereas the levies are fixed before the 27th day of          and quotations available to the Commission, the levies
each month and are applicable from the first Monday          on frozen beef and veal should be as set out in the
of the following month ; whereas these levies may be         Annex to this Regulation,
altered in the period between two fixings where the
basic levy is altered, or in the case of changes in the
                                                             HAS ADOPTED THIS REGULATION :
prices recorded on Community representative
markets ;
                                                                                    Article 1
Whereas, to enable the levy system to function
normally, the following should be used to calculate          The import levies on frozen beef and veal shall be as
the levies :                                                 specified in the Annex to this Regulation .
— for currencies whose spot rates are maintained at                                 Article 2
    any given moment within a spread of 2-25 % , a
    conversion rate based on their actual par values ;       This Regulation shall enter into force on 2 May 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.                                                                   .
             Done at Brussels, 29 April 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 30 . 4. 77                                  Official Journal of the European Communities                                                        No L 109/27
                                                                           ANNEX
            to the Commission Regulation of 29 April 1977 fixing the import levies on frozen beef and
                                                                            veal ( ! )
                                                                                                                                      (u.aJlOO kg)
                                                    CCT heading No                                                           Levy
                                                                                                                       — Net weight —
           02.01 A II b) 1                                                                                               114-229
           02.01 A II b) 2                                                                                                 91-383 (a)
           02.01 A II b) 3                                                                                               142-786
           02.01     A lib) 4 aa)                                                                                        171-344
           02.01     A lib) 4 bb) 1 1                                                                                    142786(a)
           02.01     A lib) 4 bb) 22 (b)                                                                                 142-786 (a)
           02.01     All b) 4 bb) 33                                                                                     1 96-474 (a)
           (') 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) 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 authori­
                ties of the European Communities.