CELEX: 31989R0780
Language: en
Date: 1989-03-29 00:00:00
Title: Commission Regulation (EEC) No 780/89 of 28 March 1989 fixing the import levies on frozen beef and veal

No L 84/34                                 Official Journal of the European Communities                                   29 . 3 . 89
                                       COMMISSION REGULATION (EEC) No 780/89
                                                         of 28 March 1989
                                       fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          (a) 75 % where the market price is less than or equal to
                                                                           102 % of the guide price ;
Having regard to the Treaty establishing the European                (b) 50 % where the market price is more than 102 % and
Economic Community,                                                        less than or equal to 104% of the guide price ;
                                                                     (c) 25 % where the market price is more than 104 % and
Having regard to the Act of Accession of Spain and                         less than or equal to 106% of the guide price ;
Portugal,
                                                                     (d) 0 % where the market price is more than 106 % of
Having regard to Council Regulation (EEC) No 805/68 of                     the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)            Whereas, if it is found that the price of adult bovine
No 571 /88 (2), and in particular Article 12 (8) thereof,            animals on representative Community markets is equal to
                                                                     or less than the guide price, the levy applicable equals the
Having regard to the opinion of the Monetary Committee,              following percentage of the basic levy :
Whereas under Article 9 of Regulation (EEC) No 805/68                (a) 100 % where the market price is more than or equal
a levy is applicable to the products specified in Article 1                to 98 % of the guide price ;
(1 ) (a) of that Regulation ; whereas Article 12 fixes the           (b) 105 % where the market price is less than 98 % and
amount of the levy applicable by reference to a percen­                    more than or equal to 96 % of the guide price ;
tage of the basic levy ;
                                                                     (c) 110 % where the market price is less than 96 % and
                                                                           more than or equal to 90 % of the guide price ;
Whereas, in respect of the types of frozen meat listed in
section (b) of the Annex to the said Regulation under CN             (d) 114% where the market price is less than 90 % of
codes 0202 10 00 and 0202 20 10, the basic levy is deter­                  the guide price ;
mined on the basis of the difference between :
— the guide price multiplied by a coefficient represen­              Whereas the guide prices for adult bovine animals to be
     ting the ratio existing in the Community between the            applied from 4 July 1988 have been fixed by Council
     price of fresh meat of a category competitive with the           Regulation (EEC) No 2249/88 (*) ; whereas Council Regu­
     frozen meat in question, presented in the same form,             lation (EEC) No 769/89 (^ has extended the 1988/89
     and the average price of adult bovine animals, and               marketing year for beef and veal *,
— the Community free-at-frontier offer price for frozen
     meat, plus the amount of the customs duty and a stan­           Whereas the Community free-at-frontier offer price for
     dard amount representing the specific costs of the               frozen meat is determined by reference to the world
     import operations ;                                              market price based on the most representative purchasing
                                                                      possibilities, as regards quality and quantity, recorded over
                                                                      a certain period preceding the fixing of the basic levy,
Whereas, by Commission Regulation (EEC) No 586/77 of                  taking into account in particular :
18 March 1977 laying down rules for the application of
the levies on beef and veal and amending Regulation                  — foreseeable developments on the market in frozen
(EEC) No 950/68 on the Common Customs Tariff (3), as                       meat,
last amended by Regulation (EEC) No 3988/87 (4), the
abovementioned coefficient, calculated in accordance with            — the most representative prices on third country
the rules laid down in Article 11 (2) (a) - of Regulation                  markets for fresh and chilled meat of a category which
(EEC) No 805/68, has been fixed at 1,69 units of account                   is competitive with frozen meat,
and the standard amount referred to in Article 11 (2) (b)            — past experience ;
of the said Regulation has been fixed at 6,65 ECU ;
Whereas, if it is found that the price of adult bovine                Whereas the basic levy on the types of frozen meat listed
animals on representative Community markets is higher                 in section (b) of the Annex to Regulation (EEC) No
                                                                      805/68      under    CN    codes    0202 20 50,   0202 20 90,
than the guide price, the levy applicable equals the follo­
wing percentage of the basic levy :                                   0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
                                                                      basic levy fixed for the products falling within CN codes
                                                                      0202 10 00 and 0202 20 10, multiplied by a standard coef­
(') OJ   No L  148, 28 . 6. 1968, p. 24.
(2) OJ   No L  61 , 4. 3. 1989, p. 43.
0   OJ   No L  75, 23 . 3. 1977, p. 10 .                              0 OJ No L 198, 26. 7. 1988 .
(4) OJ   No L  376, 31 . 12. 1987, p. 31                              (*) See page 13 of this Official Journal.
 ---pagebreak--- 29 . 3 . 89                             Official Journal of the European Communities                              No L 84/35
ficient fixed for each of the products in question ; whereas      times in one period of seven days, the price of each cate­
these coefficients were fixed in Annex II to Regulation           gory and quality is equal to the arithmetic mean of the
(EEC) No 586/77 ;                                                 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
                                                                   fixed in Annex II to Regulation (EEC) No 610/77, of the
Whereas, for the purpose of fixing the free-at-frontier            prices recorded in the surplus and deficit zones ; whereas
offer prices, offer prices that do not correspond to real          the price recorded in the surplus zone is equal to the
purchasing possibilities or that relate to unrepresentative        arithmetic mean of the prices recorded on ^ach of the
quantities should not be taken into account ; whereas              markets within that zone ; whereas in respect of the
offer prices should also be excluded when the movement            United Kingdom the weighted average prices of adult
of prices in general or the information available gives           bovine animals recorded on the representative markets of
reason to believe that they are unrepresentative of the true      Great Britain on the one hand and Northern Ireland on
trend of prices in the country of origin ;                         the other are adjusted by the coefficient fixed in the
                                                                  abovementioned Annex II ;
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 100 kilo­       Whereas prices for the different categories and qualities
grams from that previously used for the calculation of the         not obtained from prices which are 'live weight excluding
levy, the latter price should be retained ;                        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 pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­
tative Community markets is the price established on the           Whereas if one or more Member States, for veterinary or
basis of prices recorded over a period to be determined on         health reasons for example, adopt measures affecting the
the representative market or markets of each Member                normal trend of prices recorded On their markets, the
State for the various categories of adult bovine animals or        Commission may disregard the prices recorded on the
of meat from such animals, taking into account the size of         market or markets in question, or use the latest prices
each of these categories and the relative size of the bovine       recorded on the market or markets in question before the
herd of each Member State ;
                                                                   entry into force of such measures ;
Whereas the prices of adult bovine animals recorded on             Whereas, in the absence of information, prices recorded
the representative market or markets of each Member                on representative Community markets are determined
State are equal to the average, weighted by the relevant           mainly by reference to the most recently recorded prices ;
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, for such period as the price of adult bovine
marketing stage ; whereas, the price of adult bovine               animals recorded on representative Community markets
 animals recorded on the representative market or markets          differs by less than 0,24 ECU per 100 kilograms of live
of the United Kingdom shall be corrected by the amount             weight from the price previously used, the latter is
 of the premium granted to producers under Regulation              retained ;
(EEC) No 1347/86 ('), as last amended by Regulation
(EEC) No 4132/88 (2) ; whereas the representative markets,
 categories and qualities of products and weighting coeffi­        Whereas the levies must be so fixed that obligations
 cients are fixed in Annex II to Commission Regulation             arising from international agreements concluded by the
(EEC) No 610/77 of 18 March 1977 on the determination              Community continue to be fulfilled ;
of prices of adult bovine animals on representative
 Community markets and the survey of prices of certain
other cattle in the Community (3), as last amended by              Whereas Council Regulation (EEC) No 486/85 (*), as last
 Regulation (EEC) No 1547/88 (4) ;                                 amended by Regulation (EEC) No 1821 /87 (6), lays down
                                                                   the arrangements applicable on agricultural products and
                                                                   certain goods resulting from the processing of agricultural
Whereas, for Member States with several representative             products originating in the African, Caribbean and Pacific
                                                                   States or in the overseas countries and territories ;
 markets, the price of each category and quality is equal to
the arithmetic mean of the prices recorded on each of
 those markets ; for representative markets held several           Whereas the various cuts of frozen meat are defined in
                                                                   Regulation (EEC) No 586/77 ;
0)  OJ   No L  119, 8 . 5. 1986, p. 40.
0   OJ   No L  362, 30. 12. 1988, p. 4.
(3) OJ   No L  77, 25. 3. 1977, p. 1 .                             O OJ No L 61 , 1 . 3. 1985, p. 4.
0   OJ   No L  139, 4. 6. 1988, p. 22.                             (6) OJ No L 172, 30. 6. 1987, p. 102.
 ---pagebreak--- No L 84/36                              Official Journal of the European Communities                               29 . 3 . 89
Whereas, pursuant to Article 33 (2) of Regulation (EEC)               tion to the Community currencies referred to in the
No 805/68, the nomenclature provided for in this Regula­              previous indent and the aforesaid coefficient ;
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 1636/87Q,
— for other currencies, an exchange rate based on the                                     Article 2
     arithmetic mean of the spot market rates of each of
     these currencies recorded over a given period in rela­       This Regulation shall enter into force on 3 April 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 March 1989 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
 (») OJ No L 164, 24. 6. 1985, p. 1 .
 V) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 29 . 3 . 89                            Official Journal of the European Communities                                                No L 84/37
                                                                  ANNEX
             to the Commission Regulation of 28 March 1989 fixing the import levies on frozen beef
                                                                and veal (')
                                                                                                                   (ECU/ 100 kg)
                                                  CN code                                                      Levy
            1                                                                                           — Net weight —
                                                0202 10 00                                                   210,939
                                                0202 20 10                                                   210,939
                                                0202 20 30                                                   168,751
                                                0202 20 50                                                   263,674
                                                0202 20 90                                                   316,408
                                                0202 30 10                                                   263,674
                                                0202 30 50                                                   263,674
                                                0202 30 90                                                   362,814
                                                0206 29 91                                                   362,814
             (') 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.