CELEX: 31991R1411
Language: en
Date: 1991-05-30 00:00:00
Title: Commission Regulation (EEC) No 1411/91 of 29 May 1991 fixing the import levies on frozen beef and veal

30 . 5. 91                              Official Journal of the European Communities                               No L 135/9
                                    COMMISSION REGULATION (EEC) No 1411 /91
                                                        of 29 May 1991
                                    fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (c) 25 % where the market price is more than 104 % and
                                                                       less than or equal to 106% of the guide price ;
 Having regard to the Treaty establishing the European            (d) 0 % where the market price is more than 106 % of
 Economic Community,                                                   the guide price ;
 Having regard to Council Regulation (EEC) No 805/68 of           Whereas, if it is found that the price of adult bovine
27 June 1968 on the common organization of the market
                                                                  animals on representative Community markets is equal to
 in beef and veal ('), as last amended by Regulation (EEC)        or less than the guide price, the levy applicable equals the
 No 3577/90 (2), and in particular Article 1.2 (8) thereof,
                                                                  following percentage of the basic levy :
 Having regard to the opinion of the Monetary Committee,          (a) 100 % where the market price is more than or equal
                                                                       to 98 % of the guide price ;
Whereas under Article 9 of Regulation (EEC) No 805/68             (b) 105 % where the market price is less than 98 % and
a levy is applicable to the products specified in Article 1
                                                                       more than or equal to 96 % of the guide price ;
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percent­          (c) 110 % where the market price is less than 96 % and
age of the basic levy ;                                                more than or equal to 90 % of the guide price ;
                                                                  (d) 114 % where the market price is less than 90 % of
Whereas, in respect of the types of frozen meat listed in              the guide price ;
section (b) of the Annex to the said Regulation under CN
 codes 0202 10 00 and 0202 20 10, the basic levy is deter­        Whereas the guide prices for adult bovine animals to be
mined on the basis of the difference between :
                                                                  applied from 14 May 1990 have been fixed by Council
— the guide price multiplied by a coefficient represent­          Regulation (EEC) No 1188/90 (5) ; whereas Council Regu­
      ing the ratio existing in the Community between the         lation (EEC) No 1353/91 (6) has extended the 1990/91
      price of fresh meat of a category competitive with the      marketing year for beef and veal until 16 June 1991 ;
      frozen meat in question, presented in the same form,
      and the average price of adult bovine animals, and          Whereas the prices fixed by the Council are to be reduced
                                                                  in accordance with Commission Regulation (EEC) No
— the Community free-at-frontier offer price for frozen            1252/90 of 11 May 1990 establishing the prices and
      meat, plus the amount of the customs duty and a stan­       amounts fixed in ecus by the Council in the beef and veal
      dard amount representing the specific costs of the          sector and reduced as a result of the monetary realign­
      import operations ;                                         ment of 5 January 1990 Q ;
Whereas, by Commission Regulation (EEC) No 586/77 of              Whereas the Community free-at-frontier offer price for
 18 March 1977 laying down rules for the application of           frozen meat is determined by reference to the world
the levies on beef and veal and amending Regulation.              market price based on the most representative purchasing
(EEC) No 950/68 on the Common Customs Tariff (3), as              possibilities, as regards quality and quantity, recorded over
last amended by Regulation (EEC) No 3988/87 (4), the              a certain period preceding the fixing of the basic levy,
abovementioned coefficient, calculated in accordance with
                                                                  taking into account in particular :
the rules laid down in Article 11 (2) (a) of Regulation
(EEC) No 805/68, has been fixed at 1,69 units of account          — foreseeable developments on the market in frozen
and the standard amount referred to in Article 1 1 (2) (b)             meat,
of the said Regulation has been fixed at ECU 6,65 ;
                                                                  — the most representative prices on third country
                                                                       markets for fresh and chilled meat of a category which
Whereas, if it is found that the price of adult bovine                 is competitive with frozen meat,
animals on representative Community markets is higher
than the guide price, the levy applicable equals the fol­         — past experience ;
lowing percentage of the basic levy :
                                                                  Whereas the basic levy on the types of frozen meat listed
(a) 75 % where the market price is less than or equal to          in section (b) of the Annex to Regulation (EEC) No
      102% of the guide price ;                                   805/68     under     CN    codes    0202 20 50,   0202 20 90,
(b) 50 % where the market price is more than 1 02 % and           0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
      less than or equal to 104% of the guide price ;             basic levy fixed for the products falling within CN codes
                                                                  0202 10 00 and 0202 20 10, multiplied by a standard
(') OJ No L 148, 28 . 6. 1968, p. 24.
(2) OJ No L 353, 17. 12. 1990, p. 23 .                            O OJ No L 119, 11 . 5. 1990, p. 36.
(3) OJ No L 75, 23. 3 . 1977, p. 10 .                             (6) OJ No L 130, 25. 5 . 1991 , p. 37.
(4) OJ No L 376, 31 . 12. 1987, p. 31 .                           0 OJ No L 121 , 12. 5. 1990, p. 30.
 ---pagebreak--- No L 135/ 10                            Official Journal of the European Communities                                 30 . 5 . 91
coefficient fixed, for each of the products in question ;         prices recorded in the surplus and deficit zones ; whereas
whereas these coefficients were fixed in Annex II to              the price recorded in the surplus zone is equal to the
Regulation (EEC) No 586/77 ;                                      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 adult
                                                                  bovine animals recorded on the representative markets of
                                                                  Great Britain on the one hand and Northern Ireland on
Whereas, for the purpose of fixing the free-at-frontier           the other are adjusted by the coefficient fixed in the
offer prices, offer prices that do not correspond to real         abovementioned Annex II ;
purchasing possibilities or that relate to unrepresentative
quantities should not be taken into account ; whereas
offer prices should also be excluded when the movement
of prices in general or the information available gives           Whereas prices for the different categories and qualities
 reason to believe that they are unrepresentative of the true     not obtained from prices which are 'live weight excluding
 trend of prices in the country of origin ;                       tax', are multiplied by the live weight conversion coeffi­
                                                                  cients fixed in Annex II to the said Regulation and, in the
                                                                  case of Italy, are first increased or reduced by the correc­
                                                                  tive amounts fixed in the said Annex ;
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 1 00 kilo­
grams from that previously used for the calculation of the        Whereas if one or more Member States, for veterinary or
levy, the latter price should be retained ;                       health reasons for example, adopt measures affecting the
                                                                  normal trend of prices recorded on their markets, the
                                                                  Commission may disregard the prices recorded on the
                                                                  market or markets in question, or use the latest prices
                                                                  recorded on the market or markets in question before the
Whereas pursuant to Article 12 (6) of Regulation (EEC)            entry into force of such measures ;
No 805/68 the price of adult bovine animals on represen­
tative Community markets is the price established on the
basis of prices recorded over a period to be determined on
the representative market or mafkets of each Member               Whereas, in the absence of information, prices recorded
State for the various categories of adult bovine animals or       on representative Community markets are determined
of meat from such animals, taking into account the size of        mainly by reference to the most recently recorded prices ;
each of these categories and the relative size of the bovine
herd of each Member State ;
                                                                  Whereas, for such period as the price of adult bovine
                                                                  animals recorded on representative Community markets
                                                                  differs by less than ECU 0,24 per 100 kilograms of live
Whereas the representative markets, categories and quali­         weight from the price previously used, the latter is
ties of products and weighting coefficients are fixed in          retained ;
Annex II to Commission Regulation (EEC) No 610/77 of
 18 March 1977 on the determination of prices of adult
bovine animals on representative Community markets
and the survey of prices of certain other cattle in the           Whereas the levies must be so fixed that obligations
Community ('), as last amended by Regulation (EEC) No             arising from international agreements concluded by the
3784/90 (2) ;                                                     Community continue to be fulfilled ;
                                                                  Whereas Council Regulation (EEC) No 715/90 (•*), as last
Whereas, for Member States with several representative            amended by Regulation (EEC) No 523/91 (4), lays down
markets, the price of each category and quality is equal to       the arrangements applicable on agricultural products and
the arithmetic mean of the prices recorded on each of             certain goods resulting from the processing of agricultural
those markets ; for representative markets held several           products originating in the African, Caribbean and Pacific
times in one period of seven days, the price of each cat­         States or in the overseas countries and territories ;
egory 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 quality is equal to the
average, weighted by the special weighting coefficients           Whereas the various cuts of frozen meat are defined in
fixed in Annex II to Regulation (EEC) No 610/77, of the           Regulation (EEC) No 586/77 ;
(') OJ No L 77, 25. 3 . 1977, p. 1 .                              (3) OJ No L 84, 30 . 3 . 1990, p. 85.
(2) OJ No L 364, 28 . 12. 1990, p. 21 .                           (4) OJ No L 58 , 5 . 3 . 1991 , p. 1 .
 ---pagebreak---  30 . 5 . 91                             Official Journal of the European Communities                           No L 135/ 11
 Whereas, pursuant to Article 33 (2) of Regulation (EEC)               a period to be determined, multiplied by the coeffi­
 No 805/68, the nomenclature provided for in this Regula­              cient referred to in the preceding indent ;
 tion is incorporated in the combined nomenclature ;
                                                                   Whereas, having regard to the provisions of the aforemen­
 Whereas the levies are fixed before the 27th day of each          tioned Regulations, and in particular to the information
 month and are applicable from the first Monday of the             and quotations known to the Commission, the levies on
 following month ; whereas these levies may be altered in          frozen beef and veal should be as set out in the Annex
 the period between two fixings where the basic levy is            hereto,
 altered, or in these case of changes in the prices recorded
 on Community representative markets ;
 Whereas, if the levy system is to operate normally, levies
                                                                   HAS ADOPTED THIS REGULATION :
 should be calculated on the following basis :
 — in the case of currencies which are maintained in rela­
      tion to each other at any given moment within a band                                  Article 1
      of 2,25 % , a rate of exchange based on their central
      rate, multiplied by the corrective factor provided for in    The import levies on frozen beef and veal shall be as set
      the last paragraph of Article 3 ( 1 ) of Council Regula­     out in the Annex.
      tion (EEC) No 1676/85 ('), as last amended by Regula­
      tion (EEC) No 2205/90 (2),
 — for the other currencies, an exchange rate based on an                                   Article 2
      average of the ecu rates published in the Official
     Journal of the European Communities, C series, over           This Regulation shall enter into force on 3 June 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 May 1991 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
(2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 135/ 12                             Official Journal of the European Communities                                              30 . 5. 91
                                                                  ANNEX
             to the Commission Regulation of 29 May 1991 fixing the import levies on frozen beef and
                                                                   veal (')
                                                                                                                  (ECU / 100 kg)
                                                  CN code                                                      LeVy
                                                                                                       — Net weight —
                                                0202 10 00                                                (■) 198,531
                                                0202 20 10                                                (') 198,531
                                                0202 20 30                                                (') 158,825
                                                0202 20 50                                                (') 248,164
                                                0202 20 90                                                (,) 297,797
                                                0202 30 10                                                (') 248,164
                                                0202 30 50                                                0 248,164
                                                0202 30 90                                                0 341,473
                                                 0206 29 91                                               0 341,473
             (') In accordance with amended 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.