CELEX: 31986R1372
Language: en
Date: 1986-05-08 00:00:00
Title: Commission Regulation (EEC) No 1372/86 of 7 May 1986 fixing the import levies on live cattle and on beef and veal other than frozen

No L 120/ 24                            Official Journal of the European Communities                                   8 . 5 . 86
                                       COMMISSION REGULATION (EEC) No 1372/86
                                                          of 7 May 1986
                      fixing the import levies on live cattle and on beef and veal other than frozen
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        or less 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) 100 % where the market price is more than or equal
                                                                         to 98 % of the guide price ;
  Having regard to the Act of Accession of Spain and                (b) 105 % where the market price is less than 98 % and
  Portugal,                                                              more than or equal to 96 % of the guide price ;
                                                                    (c) 110 % where the market price is less than 96 % and
  Having regard to Council Regulation (EEC) No 805/68 of                 more than or equal to 90 % of the guide price ;
 27 June 1968 on the common organization of the market
 in beef and veal ('), as last amended by Regulation (EEC)          (d) 114 % where the market price is less than 90 % of
 No 3768 /85 (2), and in particular Article 12 (8) thereof,              the guide price ;
  Having regard to the opinion of the Monetary Committee,           Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                    No 805/68 the basic levy on the meat specified in
                                                                    sections (a), (c) and (d) of the Annex hereto is equal to the
 Whereas under Article 9 of Regulation (EEC) No 805/68
 a levy is applicable to the products specified in Article 1        basic levy determined for bovine animals, multiplied by a
 ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the        standard coefficient fixed for each of the products in
 amount of the levy applicable by reference to a percen­            question ; whereas these coefficients are fixed by
                                                                    Commission Regulation (EEC) No 586/77 of 18 March
 tage of the basic levy ;
                                                                     1977 laying down rules for the application of levies on
                                                                    beef and veal and amending Regulation (EEC) No 950/68
 Whereas in respect of bovine animals the basic levy is             on the Common Customs Tariff (3), as last amended by
 determined on the basis of the difference between the
                                                                    Regulation (EEC) No 31 14/83 (4) ;
 guide price and the Community free-at-frontier offer
 price plus the amount of the customs duty ; whereas the
 Community free-at-frontier offer price is determined in            Whereas the guide prices for adult bovine animals to be
 the light of the most representative purchasing possibili­         applied from 12 May 1986 were fixed by Council Regula­
 ties, as regards quality and quantity, recorded over a             tion (EEC) No 1345/86 0 ;
 certain period for bovine animals and for the fresh or
 chilled meat specified in section (a) of the Annex to the          Whereas Regulation (EEC) No 586/77 stipulates that the
 said Regulation under subheadings 02.01 A II a) 1 to 3 ,           basic levy is to be calculated according to the method set
 account being taken in particular of the position with             out in its Article 3 and on the basis of all the representa­
 respect to supply and demand, of world market prices for           tive free-at-frontier offer prices of the Community deter­
 frozen meat of a category which is competitive with fresh          mined for the products of each of the categories and cuts
 or chilled meat and of past experience ;                           specified in Article 2 and established principally by
                                                                    reference to the prices specified in the customs docu­
 Whereas if it is found that the price of adult bovine              ments accompanying products imported from third coun­
 animals on representative Community markets is higher              tries or from other information concerning export prices
 than the guide price, the levy applicable equals the follo­        obtaining in those third countries ;
 wing percentage of the basic levy :
                                                                    Whereas, however, offer prices that do not correspond to
 (a) 75 % where the market price is less than or equal to           real purchasing possibilities or that relate to unrepresenta­
       102% of the guide price ;                                    tive quantitities should not be taken into account ;
(b) 50 % where the market price is more than 102 % and              whereas offer prices should also be excluded when the
       less than or equal to 1 04 % of the guide price ;            movement of prices in general or the information avai­
                                                                    lable suggests that they are unrepresentative of the true
 (c) 25 % where the market price is more than 104 % and             trend of prices in the country of origin ;
       less than or equal to 106% of the guide price ;
 (d) 0 % where the market price is more than 106 % of               Whereas in cases where for one or more categories of
       the guide price ;                                            bovine animals or cuts of meat a free-at-frontier offer
                                                                    price cannot be established, the most recent available
Whereas if it is found that the price of adult bovine               price should be used for the calculation ;
animals on representative Community markets is equal to
                                                                    (J) OJ No L 75, 23 . 3 . 1977 , p. 10 .
(') OJ No L 148 , 28 . 6 . 1968 , p . 24.                           (4) OJ No L 303, 5 . 11 . 1983 , p. 16 .
(2) OJ No L 362, 31 . 12. 1985, p . 8 .                             (5) OJ No L 119 , 8 . 5. 1986.
 ---pagebreak--- 8 . 5 . 86                              Official Journal of the European Communities                             No L 120 / 25
Whereas if the free-at-frontier offer price differs by less       of the United Kingdom shall be corrected by the amount
than 0,60 ECU per 100 kilograms of live weight from that          of the premium granted to producers under Regulation
previously used for the calculation of the levy, the latter       (EEC) No 131 1 /85 (') ; whereas the representative markets,
price should be retained ;                                        categories and qualities of products and weighting coeffi­
                                                                  cients are fixed in Annex II to Commission Regulation
                                                                  (EEC) No 610/77 of 18 March 1977 on the determination
Whereas pursuant to Article 10 (3) of Regulation (EEC)            of prices of adult bovine animals on representative
No 805/68 a special basic levy is determined for certain          Community markets and the survey of prices of certain
third countries on the basis of the difference between the
                                                                  other cattle in the Community (4), as last amended by
guide price and the average price recorded over a certain         Regulation (EEC) No 3815/85 0 ;
period plus the amount of the customs duty ;
                                                                  Whereas, for Member States with several representative
Whereas Commission Regulation (EEC) No 611 /77 of 18
                                                                  markets, the price of each category and quality is equal to
March 1977 ('), as amended by Regulation (EEC) No
                                                                  the arithmetic mean of the prices recorded on each of
925/77 (2), provides that the special levy on products origi­
                                                                  those markets ; whereas, for representative markets held
nating in and coming from Austria, Sweden and Switzer­
land should be determined on the basis of the weighted            several times in one period of seven days, the price of
average of the prices of adult bovine animals recorded on         each category and quality is equal to the arithmetic mean
the representative markets of those third countries ;             of the prices recorded on each market day ; whereas in
whereas the weighting coefficients and representative             respect of Italy the price of each category and quantity is
 markets are specified in the Annexes to Regulation (EEC)         equal to the average, weighted by the special weighting
 No 611 /77 ;                                                     coefficients fixed in Annex II to Regulation (EEC) No
                                                                  610/77, of the prices recorded in the surplus and deficit
                                                                  zones ; whereas the price recorded in the surplus zone is
Whereas the average price is not to be used for calcula­          equal to the arithmetic mean of the prices recorded on
ting the special levy unless it is at least 1,21 ECU per 100       each 'of the markets within that zone ; whereas in respect
 kilograms of live weight more than the free-at-frontier           of the United Kingdom the weighted average prices of
 offer price determined in accordance with Article 10 (2) of       adult bovine animals recorded on the representative
                                                                   markets of Great Britain on the one hand and Northern
 Regulation (EEC) No 805/68 ;
                                                                   Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II :
Whereas if the average price differs by less than 0,60 ECU
 per 100 kilograms of live weight from that previously
 used to calculate the levy, the latter may be retained ;          Whereas prices for the different categories and qualities
                                                                   not obtained from prices which are 'live weight excluding
                                                                   tax' are multiplied by the live weight conversion coeffi­
 Whereas in cases where one or more of the abovemen­
                                                                   cients fixed in Annex II to the said Regulation and, in the
 tioned third countries adopt, for reasons of health for           case of Italy, are first increased or reduced by the correc­
 example, measures affecting the prices recorded on their          tive amounts fixed in the said Annex ;
 markets, the Commission may use the latest prices
 recorded before the entry into force of such measures ;
                                                                   Whereas if one or more Member States, for veterinary or
 Whereas pursuant to Article 12 (6) of Regulation (EEC)            health reasons for example, adopt measures affecting the
 No 805/68 the price of adult bovine animals on represen­          normal trend of prices recorded on their markets the
 tative Community markets is th price established on the           Commission may disregard the prices recorded on the
 basis of prices recorded over a priod to be determined on         market or markets in question , or use the latest prices
 the representative market or markets of each Member               recorded on the market or markets in question before the
 State in respect of the various categories of adult bovine        entry into force of such measures ;
 animals or of meat from such animals, after taking into
 account the size of each of these categories and the rela­
 tive size of the bovine herd of each Member State ;               Whereas, in the absence of information , prices recorded
                                                                   on representative Community markets are determined
                                                                   mainly by reference to the most recently recorded prices ;
 Whereas the prices of adult bovine animals recorded on
 the representative market or markets of each Member
 State are equal to the average, weighted by the appropriate       Whereas for such period as the price of adult bovine
 coefficients, of the prices for the various qualities of adult    animals recorded on representative Community markets
 bovine animals or meat of such animals over a period of           differs by less then 0,24 ECU per 100 kilograms of live
 seven days in that Member State at a particular wholesale         weight from the price previously used, the latter is
 marketing stage ; whereas, the price of adult bovine               retained ;
 animals recorded on the representative market or markets
                                                                    (') OJ No L 137, 27 . 5 . 1985, p . 20 .
 (') OJ No L 77, 25. 3 . 1977, p. 14.                              («) OJ No L 77, 25. 3 . 1977, p . 1 .
 (2 OJ No L 109 , 30 . 4. 1977, p . 1 .                             n OJ No L 368 , 31 . 12. 1985, p . 11 .
 ---pagebreak--- No L 120 / 26                              Official Journal of the European Communities                                8 . 5 . 86
Whereas the levies should be so fixed that the obligations           of changes in the prices recorded on Community repre­
arising from international agreements concluded by the               sentative markets ;
Community continue to be fulfilled ; whereas, moreover,
account should be taken of Council Regulation (EEC) No               Whereas, if the levy system is to operate normally, levies
314/83 of 24 January 1983 on the conclusion of the                   should be calculated on the following basis :
Cooperation Agreement between the European Economic                  — in the case of currencies which are maintained in rela­
Community and the Socialist Federal Republic of Yugos­                   tion to each other at any given moment within a band
lavia ('), of Council Regulation (EEC) No 287/ 82 of 3                   of 2,25 % , a rate of exchange based on their central
February 1982 establishing the arrangements applicable to                rate, fmultiplied by of Article 3 ( 1 ) of Regulation
imports of products originating in Yugoslavia to take                    (EEC) No 1 676/85 (6),
account of the accession of the Hellenic Republic to the
Community (2), and of Council Regulation (EEC) No                    — for other currencies, an exchange rate based on the
3349/81 of 24 November 1981 providing for a reduction                    arithmetic mean of the spot market rates of each of
in the levy applicable to imports into the Community of                  these currencies recorded over a given period in rela­
certain beef and veal products originating in and coming                 tion to the Community currencies referred to in the
from Yugoslavia (3) ;                                                    previous indent and the aforesaid coefficient,
Whereas Council Regulation (EEC) No 486/85 (4), last                 Whereas, having regard to the provisions of the aforemen­
amended by Regulation (EEC) No 692/ 86 (*), lays down                tioned Regulation, and in particular to the information
the arrangements applicable on agricultural products and             and quotations known to the Commission, the levies on
certain goods resulting from the processing of agricultural          live cattle and beef and veal other than frozen meat
products originating in the African, Caribbean and Pacific           should be as set out in the Annex hereto,
States or in the overseas countries and territories ;
Whereas the various cuts of beef and veal are defined in
                                                                     HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 586/77 ;
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                        Article 1
No 805/68 , the nomenclature provided for in this Regula­
tion 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 Annex hereto .
Whereas the levies and special levies are fixed before the
27th day of each month and are applicable from the first
Monday of the following month ; whereas these levies                                           Article 2
may be altered in the period between two fixings where
the basic levy or special basic levy is altered, or in the case      This Regulation shall enter into force on 12 May 1986.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 7 May 1986 .
                                                                               For the Commission
                                                                                Frans ANDRIESSEN
                                                                                   Vice-President
(') OJ   No  L 41 , 14. 2 . 1983 , p. 1 .
(2) OJ   No  L 30, 6. 2. 1982, p. 1 .
(') OJ   No  L 339, 26. 11 . 1981 , p. 1 .
(4) OJ   No  L 61 , 1 . 3. 1985, p. 4.
0   OJ   No  L 63, 5. 3 . 1986.                                      (6) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 8 . 5 . 86                         Official Journal of the European Communities                                     No L 120 / 27
                                                          ANNEX
           to the Commission Regulation of 7 May 1986 fixing the import levies on
           live cattle and on beef and veal other than frozen for the period beginning
                                                       12 May 1986
                                                                                                      (ECU/100 kv)
                                                                         Austria/Sweden /
                       CCT heading No                Yugoslavia (2)          Switzerland
                                                                                            Other third countries
                                                                        — Live weight —
           01.02 A II (a)                              53,210                  33,353              121,319
                                                                        — Net weight —
           02.01 A   II a) 1                           101,099                 63,370              230,506
           02.01 A   II a) 2                            80,879                 50,697              184,404
           02.01 A   II a) 3                           121,319                 76,045              276,607
           02.01 A   II a) 4 aa)                                               95,055              345,759
           02.01 A   II a) 4 bb)                                              108,731              395,499
           02.06 C   I a) 1                                                    95,055              345,759
           02.06 C   I a) 2                                                   108,731              395,499
            16.02 B  III b) 1 aa)                                             108,731              395,499
           (') 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 nad Pacific States or in the
               overseas countries and territories .
           (2) This levy is applicable only to products complying with the provisions of Regulation (EEC) No
               1725/ 80 (OJ No L 170, 3 . 7. 1980 , p . 4).
           (a) 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 Regula­
               tion (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 .