CELEX: 31979R1365
Language: en
Date: 1979-07-02 00:00:00
Title: Commission Regulation (EEC) No 1365/79 of 29 June 1979 fixing the import levies on live cattle and on beef and veal other than frozen

No L 163/30                        Official Journal of the European Communities                                2. 7. 79
                                  COMMISSION REGULATION (EEC) No 1365/79
                                                    of 29 June 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 (J), 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
 805/68 a levy is applicable to the products specified in     (d) 114% where the market price is less than 90 %
Article 1 ( l)(a) of that Regulation ; whereas Article 12          of the guide price ;
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 Commission Regulation (EEC) No 586/77 of
mined in the light of the most representative                  18 March 1977 laying down rules for the application
purchasing possibilities, as regards quality and quan­        of levies on beef and veal and amending Regulation
tity, recorded over a certain period for bovine animals       (EEC) No 950/68 on the Common Customs Tariff (3),
and for the fresh or chilled meat specified in                as last amended by Regulation (EEC) No 882/79 (4) ;
section (a) of the Annex to the said Regulation under
subheadings 02.01 A II a) 1 to 3, account being taken         Whereas the guide prices for adult bovine animals to
in particular of the position with respect to supply          be applied from 2 July 1979 were fixed by Council
and demand, of world market prices for frozen meat            Regulation (EEC) No 1274/79 of 25 June 1979(5);
of a category which is competitive with fresh or
chilled meat and of past experience ;
                                                              Whereas Regulation (EEC) No 586/77 stipulates that
Whereas if it is found that the price of adult bovine         the basic levy is to be calculated according to the
                                                              method set out in its Article 3 and on the basis of all
animals on representative Community markets is
higher than the guide price, the levy applicable equals       the representative free-at-frontier offer prices of the
the following percentage of the basic levy :                  Community determined for the products of each of
                                                              the categories and cuts specified in Article 2 and esta­
(a) 75 % where the market price is less than or equal         blished principally by reference to the prices specified
     to 102% of the guide price ;                             in the customs documents accompanying products
(b) 50 % where the market price is more than 102 %            imported from third countries or from other informa­
     and less than or equal to 104 % of the guide             tion concerning export prices obtaining in those third
                                                              countries ;
     price ;
(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 111 , 4. 5. 1979, p. 14.
(2) OJ No L 61 , 5. 3. 1977, p. 1 .                           (5) OJ No L 161 , 29 . 6. 1979, p. 15.
 ---pagebreak--- 2. 7. 79                              Official Journal of the European Communities                         No L 163/31
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 used for the calcula­
tion of the levy, the latter price should be retained ;
                                                                Member State at a particular wholesale marketing
                                                                stage ; whereas the representative markets, categories
                                                                and qualities of products and weighting coefficients
Whereas pursuant to Article 1 0 (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 1350/79 (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) See page 1 of this Official Journal.
 ---pagebreak--- No L 163/32                           Official Journal of the European Communities                             2. 7. 79
recorded on the market or markets in question, or use           altered, or in the case of changes in the prices
the latest prices recorded on the market or markets in          recorded on Community representative markets ;
question before the entry into force of such measures ;
                                                                Whereas, if the levy system is to operate normally,
Whereas, in the absence of information, prices                  levies should be calculated on the following basis :
recorded on representative Community markets are                — in the case of currencies which are maintained in
determined mainly by reference to the most recently                  relation to each other at any given moment within
recorded prices ;                                                    a band of 2-25 % , a rate of exchange based on
Whereas for such period as the price of adult bovine                 their effective parity ;
animals recorded on representative Community                    — for other currencies, an exchange rate based on the
markets differs by less then 0-20 unit of account per                arithmetic mean of the spot market rates of each
 1 00 kilograms of live weight from the price previously             of these currencies recorded for a given period in
used the latter is retained ;                                        relation to the Community currencies referred to
                                                                     in the previous indent ;
Whereas the levies should be so fixed that the obliga­
tions arising from international agreements concluded           Whereas Council Regulation (EEC) No 652/79 of 29
by the Community continue to be fulfilled ; whereas,            March 1979 (4) laid down the coefficient for
moreover, account should be taken of Regulation                 expressing amounts, fixed in units of account, in
(EEC) No 2170/73 of 31 July 1973 on the conclusion              ECU ;
of the Trade Agreement between the European
Economic Community and the Socialist Federal Repu­              Whereas, having regard to the provisions of the afore­
blic of Yugoslavia (1), as amended by Regulation (EEC)          mentioned Regulations, and in particular to the infor­
No 2862/77 (2) and last extended by Regulation (EEC)            mation and quotations known to the Commission, the
                                                                levies on live cattle and beef and veal other than
No 1211 /79(3);
                                                                frozen meat should be as set out in the Annex hereto,
Whereas the various cuts of beef and veal are defined
in Regulation (EEC) No 586/77 ;                                 HAS ADOPTED THIS REGULATION :
Whereas, pursuant to Article 33 (2) of Regulation
(EEC) No 805/68, the nomenclature provided for in                                         Article 1
this Regulation is incorporated in the Common
Customs Tariff ;                                                The import levies on live cattle and beef and veal
                                                                other than frozen meat shall be as set out in the
Whereas the levies and special levies are fixed before          Annex hereto.
the 27th day of each month and are applicable from
the first Monday of the following month ; whereas                                         Article 2
these levies may be altered in the period between two
fixings where the basic levy or special basic levy is           This Regulation shall enter into force on 2 July 1979.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 June 1979.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
(!) OJ No L 224, 13. 8 . 1973, p. 1 .
(2) OJ No L 330, 23 . 12. 1977, p. 9.
 3) OJ No L 153, 21 . 6. 1979, p. 5.                            (4) OJ No L 84, 4. 4. 1979, p. 1 .
                /
 ---pagebreak--- 2. 7. 79                                    Official Journal of the European Communities                                                       No L 163/33
                                                                          ANNEX
         to the Commission Regulation of 29 June 1979 fixing the import levies on live cattle and
                     on beef and veal other than frozen (') for the period beginning 2 July 1979
                                                                                                                                   (EC U/100 kg)
                               CCT heading No                               Austria/ Sweden / Switzerland           Other third countries
                                                                                                     — Live weight —
         01.02 A II a) (a)                                                              —                                  59.466
         01.02 A lib) (b)                                                             22.701                               66.462
                                                                                                      — Net weight —
         02.01 Alia) 1 aa) (a)                                                                                           112.985
         02.01 A II a) 1 bb)                                                          43.132                             126-278
         02.01 A II a) 2 aa) (a)                                                                                           90.388
         02.01 A II a) 2 bb)                                                          34-506                             101-022
         02.01 A II a) 3 aa) (a)                                                                                         135-582
         02.01 A II a) 3 bb)                                                          51-758                             151-533
         02.01 A II a) 4 aa)                                                          64.697                             189.417
         02.01 A II a) 4 bb)                                                          74-004                             216-666
         02.06 C I a) 1                                                               64.697                             189-417
         02.06 C I a) 2                                                               74-004                             216-666
          16.02 Bill b) 1 aa)                                                         74.004                             216-666
         (') 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.