CELEX: 31975R2070
Language: en
Date: 1975-08-08 00:00:00
Title: Regulation (EEC) No 2070/75 of the Commission of 7 August 1975 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

8 . 8 . 75                            Official Journal of the European Communities                            No L 210/9
                             REGULATION (EEC) No 2070/75 OF THE COMMISSION
                                                     of 7 August 1975 v
                 fixing the import levies on calves and adult bovine animals and on beef and veal
                                                     other than frozen
THE COMMISSION OF THE EUROPEAN                                  Whereas the guide prices for calves and adult bovine
COMMUNITIES,                                                    animals valid from 3 March 1975 are fixed by Council
                                                                Regulation (EEC) No 463/75 (3) of 27 February 1975 ;
Having regard to the Treaty establishing the European
Economic Community ;                                            Whereas Commission Regulation (EEC) No 218/73 (4)
                                                                of 29 January 1973 on the determination of the
                                                                import price and the special import pirice for calves
                                                                and adult bovine animals, provides that the import
Having regard to Council Regulation (EEC) No                    price is to be calculated in accordance with the
805/68 (') of 27 June 1968 on the common organiza­              method set out in Article 4 on the basis of all the
tion of the market in beef and veal, as last amended            representative free-at-frontier offer prices in the
by Regulation (EEC) No 1 855/74 (2), and in particular          Community established for each of the categories and
the second subparagraph of Article 10 (7) and Article           cuts specified in Article 2, and ascertained in parti­
 1 2 (7) thereof ;                                              cular from :
                                                                                                      r
                                                                (a) prices given in the customs documents accom­
Having regard to the Opinion .. of the Monetary                      panying the products imported from such other
Committee ;                                                          third countries ;
                                                                (b) other information concerning the export prices
                                                                     ruling in such other countries ;
Whereas Article 10 (3) of Regulation (EEC) No 805/68
provides that, where the import price for calves or
adult bovine animals, after addition of the customs
                                                                Whereas, however, offer prices which do not corres­
duty, is     lower than the guide price, the difference          pond to actual purchasing possibilities are to be disre­
between     the latter price and the import price plus that     garded, as are also offer prices relating to unrepresenta­
addition    is offset by a levy on imports of that product ;    tive quantities ; whereas offer prices which, because of
whereas,     however, such levy is to be fixed at :             the development of prices in general or from the infor­
                                                                mation available, do not seem to be representative of
— 75 % of the abovementioned difference, if it is               the actual trend of prices in the exporting country
      found that the price of the product in question on        should also be disregarded ;
      the representative markets of the Community is
      more than the guide price but does not exceed
      1 02 % of that price ;                                    Whereas, where no free-at-frontier offer price can be
                                                                 recorded for one or more categories of live animals or
— 50 % of the abovementioned difference, if it is               of meat, the last available price must be used for the
                                                                calculation ;
      found that the price of the product in question on
      the representative markets of the Community is
      more than 102 % of the guide price but does not
                                                                Whereas the import price must be calculated on the
      exceed 1 04 % of that price ;
                                                                first and third Thursday of each month for the
—: 25 % of the abovementioned difference, if it is              purpose of calculating the levies valid from the
      found that the price of the product in question on        following Monday ; whereas, however, if circumstances
      the representative markets of the Community is            so require, the import price may be fixed on another
      more than 104 % of the guide price but does not           day of the same week ;
      exceed 1 06 % of that price ;
— nil, if it is found that the price of the product in          Whereas       Commission         Regulation   (EEC)    No
      question on the representative markets of the             21 50/73 (5) of 6 August 1973, as* amended by Regula­
      Community is more than 106% of the guide                  tion (EEC) No 1261 /75 (6), provides for the fixing of
      price ;
                                                                (3) OJ  No  L 52, 28 . 2. 1975, p. 3.
                                                                (4) OJ  No  L 26, 31 . 1 . 1973, p. 16.
(') OJ No L 148 , 28 . 6. 1968 , p. 24.                         (5) OJ  No  L 219, 7. 8 . 1973, p. 15.
(-') OJ No L 195, 18 . 7. 1974, p. 14.                          (b) OJ  No  L 126, 17. 5. 1975, p. 18 .
 ---pagebreak---   No L 210/ 10                           Official Journal of the European Communities                                 8 . 8 . 75
  the special import price referred to in Article 10 ( 1 ) (a)      new Member States must be increased by the basic
  of Regulation (EEC) No 805/68 for adult bovine                    compensatory amount provided for in Article 1 ( 1 ) of
  animals originating in and coming from Austria,                   Council Regulation (EEC) No 181 /73 (3) of 23 January
  Sweden and Switzerland on the basis of quotations on              1973 laying down general rules for the system of
  representative markets in these third countries ;                 compensatory amounts for beef and veal ;
 Whereas this special import price is calculated once a
 week and is used to calculate levies taking effect on              whereas, where there are several representative
  the Monday following the day on which it is fixed ;               markets in a Member State, the price of each quality is
 whereas, however, no special import price is fixed if              the average of the quotations recorded on each of
  such price would exceed by less than 1 unit of                    these markets ; whereas, where in a Member State
 account per 100 kilogrammes live weight the import                 there is a single representative market, held several
  price fixed, pursuant to Article 10 ( 1 ) of Regulation           times during the seven-day period, the price of each
 (EEC) No 805/68 , as specified in Regulation (EEC)                quality is to be equal to the arithmetic mean of quota­
  No 218 / 73 ;                                                     tions recorded at each market ; whereas, with regard to
                                                                    Italy, the price of each quality is the average, weighted
 Whereas, if one or more of the third countries                    by the special weighting coefficients laid down in
 referred to take, notably for health protection reasons,          Annex II to amended Regulation (EEC) No 320/73, of
 measures affecting prices quoted on their markets, the             the prices recorded in the surplus and deficit produc­
 Commission may base itself on the last prices                     tion areas ; whereas the price recorded in the surplus
 recorded before such measures were put into effect ;               production area is equal to the average of the quota­
                                                                   tions recorded on each of the markets within that
                                                                   area ; whereas for the United Kingdom the weighted
 Whereas, if the import price differs by less than 0-50            average of the prices recorded on the representative
 unit of account per 100 kg live weight from the                   markets in Great Britain and in Northern Ireland are
 import price previously used to calculate the levy, the           to be multiplied by the coefficient fixed in the said
 latter price must be maintained ;                                 Annex II ;
 Whereas Article 10 (5) of Regulation ( EEC) No 805/68
 provides that the price recorded on the representative            Whereas, where these quotations do not relate to 'live
 markets of the Community is derived from the prices               weight excluding tax' prices, the quotations for the
 recorded on the representative market or markets of               different qualities are to be corrected by the live­
 each Member State for the various qualities — of                  weight conversion coefficients laid down in Annex II
 calves, adult bovine animals or the meat of these                 to that Regulation and, in respect of Italy and the
 animals, as the case may be — after taking into                   United Kingdom , are first increased or reduced by the
 account the relative quantity of each of such qualities           corrective amounts laid down in that Annex ; whereas
 and the relative magnitude of the bovine stock of each            for Ireland the price    per calf recorded on the represen­
 Member State ;                                                    tative market is to       be increased by the corrective
                                                                   amount fixed in          that Annex and subsequently
                                                                   converted back into      live weight per unit of weight by
 Whereas the prices for calves and adult bovine
                                                                   applying the corrective coefficient fixed in that
 animals, recorded on the representative market or                 Annex ;
 markets of each Member State, is equal to the average,
 weighted by coefficients, of the prices for the qualities
 of calves, adult bovine animals and meat of these
 animals formed during a period of seven days in that              Whereas,     if  one     or   more      Member States    take
 Member State at a standard wholesale stage ; whereas
                                                                   measures, such as health protection measures, which
 the representative markets, the qualities of the
 products and the weightings were fixed in Annex II to
                                                                   affect the normal development of quotations recorded
 Commission Regulation (EEC) No 320/73 (') of 31                   on their markets, the Commission may either disre­
                                                                   gard the quotations recorded on the market or
January 1973 on the determination of the prices for
calves and adult bovine animals on the representative              markets in question or use the last quotations
 markets of the Community, as last amended by Regu­                recorded on the market or markets in question before
 lation ( EEC) No 1 867/75 (2) ;                                   those measures were put into effect ;
Whereas the prices of calves and adult bovine animals
so established on the market or markets of each of the             Whereas, where information is not available, the quota­
                                                                   tions recorded on representative Community markets
(') OJ No L 36, 8 . 2. 1973, p. 13 .
(-') OJ No L 190 , 23 . 7 . 1975, p. 7 .                           P ) OJ No L 25 , 30 . 1 . 1973 , p. 9 .
 ---pagebreak---   8 . 8 . 75                               Official Journal of the European Communities                           No L 210/ 11
  are to be determined with particular reference to the               Whereas the levies for calves and veal are identical
  latest known quotations ;                                           with those applicable to adult bovine animals and beef
                                                                      in accordance with Commission Regulation (EEC) No
                                                                       1100/74 (3) of 3 May 1974 ;
  Whereas, for as long as the price recorded for calves
  and adult bovine animals on the representative                      Whereas, in accordance with Article 33 (2) of Regula­
  Community markets differs by less than 0-20 unit of                 tion (EEC) No 805/68 , the nomenclature provided for
  account per 100 kg live weight from the price previ­                in this Regulation is incorporated in the Common
  ously used, the latter price is to be maintained ;                  Customs Tariff ;
                                                                      Whereas the levies must be fixed once each week and
  Whereas Article 12 ( 1 ) of Regulation (EEC) No 805/68
  provides that if a levy is charged on calves or adult
                                                                      be valid from the following Monday ;
  bovine animals, a levy is also to be charged on
  imports of the meat of calves or adult bovine animals               Whereas, if the levy system is to operate normally,
  as listed in Section (a) of the Annex to that Regulation            levies should be calculated on the following basis :
  under tariff subheadings 02.01 A II a) 1 aa) and 02.01              — in the case of currencies which are maintained in
 A II a) 1 bb) ; whereas this levy is equal to the levy
                                                                           relation to each other, at any given moment,
 charged on calves or adult bovine animals, as the case                    within a band of 2-25 % , a rate of exchange based
  may be, adjusted by a coefficient expressing the value                   on their effective parity ;
  ratio between the meat in question on the one hand
 and calves or adult bovine animals on the other ;                    — for other currencies an exchange rate based on the
                                                                           arithmetic mean of the spot market rates of each
                                                                           of these currencies recorded for a given period, in
 Whereas Article 12 (3) of Regulation (EEC) No 805/68                      relation to the Community currencies referred to
 provides that if the levy is charged on adult bovine                      in the previous subparagraph ;
 animals, a levy is also to be charged on imports of the
 meat listed in Section (b) of the Annex to that Regula­              Whereas it follows from the provisions of the above­
 tion ; whereas this levy is equal to the levy charged on             mentioned Regulations and in particular from the
 adult bovine animals, multiplied by a standard coeffi­               quotations and other information known to the
 cient ;                                                              Commission that the levies on calves, adult bovine
                                                                      animals and on       beef and veal     other than frozen
                                                                      should be fixed as shown in the Annex to this Regula­
 Whereas Article 12 (4) of Regulation (EEC) No 805/68                 tion ,
 provides that the levy may be charged on imports of
 the products listed in Section (a) of the Annex to that
 Regulation under tariff subheading 02.01 A II a) 1 cc) ;
 whereas this levy is equal to the highest levy appli­                HAS ADOPTED THIS REGULATION :
 cable to calves or adult bovine animals, multiplied by
 a standard coefficient ;
                                                                                                Article 1
 Whereas the standard coefficients referred to above
 were fixed for each of the products in question in                  The levies referred to in Articles 10 and 12 of Regula­
 Annex I to Commission Regulation (EEC) No                            tion (EEC) No 805/68 shall be as shown in the Annex
 2249/73 (') of 17 August 1973, fixing the coefficients               to this Regulation .
 for calculating the levy on beef and veal other than
 frozen ; whereas that Regulation also defines the
 requirements to be met by certain products for which                                           Article 2
 the levy has been fixed by means of these coeffi­
 cients ;
                                                                     To be classified as products falling within subheadings
                                                                     02.01 A II a) 1 aa) and 02.01 A II a) 1 bb), products
                                                                     must correspond to the definitions contained in
Whereas levies must be fixed with due regard for obli­
                                                                     Article 2 of Regulation (EEC) No 2249/73 .
gations arising out of international agreements
concluded by the Community ; whereas Regulation
( EEC) No 2170/73 0 of 31 July 1973 on the conclu­
                                                                                               Article 3
sion of the Trade Agreement between the European
 Economic Community and the Socialist Federal Repu J
blic of Yugoslavia should also be taken into account ;               This Regulation shall enter into force on 1 1 August
                                                                      1 975 .
(') OJ No L 230 , 18 . 8 . 1973 , p . 15 .
( 2 ) OJ No L 224, 13 . 8 . 1973 , p . 1 .                           (•') OJ No L 122, 4 . 5 . 1974, p. 25 .
 ---pagebreak--- No L 210/ 12                  Official Journal of the European Communities                        8 . 8 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 7 August 1975.
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission
 ---pagebreak--- 8 . 8 . 75                      Official Journal of the European Communities                               No L 210/ 13
                                                          ANNEX
                   Levies applicable from 11 August 1975 to imports from third countries (*)
                                                                                                            ( in u.a 1100 kg;
       CCT                                                                                   Austria
                                                                                                               Other third
    heading                                  Description of goods  '                         Sweden
                                                                                                                countries
       No                                                                                  Switzerland
                                                                                                    Live weight
01.02       Live animals of the bovine species :
            A. Domestic species :
                II. Other :
                     a) Calves                                                               43-820 (b)          43-820 ( b)
                     b) Other :
                        1 . Cows for immediate slaughter, the meat of which is
                            intended for processing (a)                                      43-820
                        2. Other :
                            aa) Not yet having any permanent teeth, of a weight
                                 of not less than 350 kg but not more than 450 kg
                                 in the case of male animals, or of not less than
                                 320 kg but not more than 420 kg in the case of
                                 female animals (c)                                            —         I       43-820
                            bb) Other                                                        43-820 (b) I        43-820 (b)
                                                                                                     Net weight
02.01       Meat and edible offals of the animals falling within heading No
            01.01 , 01.02, 01.03 or 01.04, fresh, chilled or frozen :
            A. Meat :
                II . Of bovine animals :
                     a) Of domestic bovine animals :
                        1 . Fresh or chilled :
                            aa) Of calves :
                                 11 . Carcases and half-carcases                             83-258              83-258
                                 22. Separated or unseparated forequarters                   66-606              66-606
                                 33 . Separated or unseparated hindquarters                  99-910              99-910
                            bb ) Of adult animals :
                                 11 . Carcases, half-carcases or 'compensated' quar­
                                      ters :
                                      aaa) Carcases of a weight of not less than 180
                                             kg but not more than 270 kg and half­
                                             carcases or 'compensated' quarters of a
                                             weight of not less than 90 kg but not
                                             more than 135 kg, with a low degree of
                                             ossification of the cartilages (more es­
                                             pecially those of the symphysis pubis and
                                             the vertebral apophyses), the meat of
                                             which is of a light pink colour and the
                                             fat of which, of extremely fine structure,
                                             is white to light yellow in colour (c)                              83-258
                                      bbb ) Other                                            83-258              83-258
                                 22. Forequarters :
                                      aaa) Of a weight of not less than 45 kg but
                                             not more than 68 kg, with a low degree
                                             of ossification of the cartilages (more
                                             especially those of the vertebral apo­
                                             physes), the meat of which is of a light
                                             pink colour and the fat of which, of
                                             extremely fine structure, is white to light
                                             yellow in colour ( c)                                               66606
                                      bbb) Other                                             66-606             66-606
 ---pagebreak---  No L 210/ 14                                 Official Journal of the European Communities                                                    8 . 8 . 75
                                                                                                                                         (in u . a . 1100 kg)
        » CCT                                                                                                              Austria
                                                                                                                                           Other third
       heading                                            Description of goods                                             Sweden
                                                                                                                                            countries
          No                                                                                                             Switzerland
                                                                                                                                   Net weight
02.01                                           33 . Hindquarters :
 (cont 'd)
                                                     aaa) Of a weight of not less than 45 kg but
                                                           not more than 68 kg (not less than 38 kg
                                                           but not more than 61 kg in the case of
                                                           'Pistola' cuts), with a low degree of
                                                           ossification of the cartilages (more es­
                                                           pecially those of the vertebral apophyses),
                                                           the meat of which is of a light pink
                                                           colour and the fat of which, of extremely
                                                           fine structure, is white to light yellow in
                                                           colour (c)                                                                        999 10
                                                     bbb) Other                                                            99-910            99-910
                                           cc) Other cuts of veal and beef :
                                                11 . Unboned (bone-in )                                                   124-887           124-887
                                                22. Boned or boneless                                                     142-853           142-853
02.06                      Meat and edible meat offals (except poultry liver), salted, in brine,
                           dried or smoked :
                           C. Other :
                               I. Of domestic bovine animals :
                                  a) Meat :
                                      1 . Unboned (bone-in)                                                              124-887            124-887
                                      2. Boned or boneless                                                               142-853            142-853
 (') In accordance with Regulation (EEC) No 1599/75 provides that the 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) Entry under this subheading is subject to conditions to be determined by the competent authorities and to the special conditions at present
     applicable to cows imported under the bilateral agreement on cattle for the food processing industry between the European Communities
     and Austria .
(b) Where these products are imported under the conditions set out in Article 11 of Council Regulation (EEC) No 805/68 of 27 June 1968 and
     in the provisions adopted for its application , the levy is either refunded or not collected in accordance with those provisions.
(p) Entry under this subheading is subject to the production of the certificate referred to in paragraph 2 (c) of Protocol 1 , Annex I to the
     trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .