CELEX: 31974R0023
Language: en
Date: 1974-01-04
Title: Regulation (EEC) No 23/74 of the Commission of 3 January 1974 fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

No L 3 /24                             Official Journal of the European Communities                              4 . 1 . 74
                               REGULATION (EEC) No 23/74 OF THE COMMISSION
                                                     of 3 January 1974
               fixing the import levies on calves and adult bovine animals and on beef and veal other
                                                         than frozen
THE COMMISSION OF THE EUROPEAN                                    Whereas Commission Regulation (EEC ) No 218/
 COMMUNITIES,                                                     73 (4 ) of 29 January 1973 on the determination
                                                                  of the import price and the special import price for
Having regard to the Treaty establishing the Euro­                calves and adult bovine animals provides that the
pean Economic Community ;                                         import price is to be calculated in accordance with
                                                                  the method set out in Article 4 on the basis of all
Having regard to Council Regulation (EEC) No 805/                 the representative free-at-frontier offer prices in the
68 (*) of 27 June 1968 on the common organization                 Community established for each of the categories
of the market in beef and veal, as last amended by                and cuts specified in Article 2, and ascertained in par­
Regulation (EEC) No 187/73 (2), and in particular                 ticular from :
the second subparagraph of Article 10 (7) thereof ;
 Having regard to the Opinion of the Monetary                     ( a ) prices given in the customs documents accom­
 Committee ;                                                            panying the products imported from such other
                                                                        third countries ;
Whereas Article 10 (3 ) of Regulation ( EEC) No
805/68 provides that, where the import price for
                                                                  ( b) other information concerning the export prices
calves or adult bovine animals, after addition of the
                                                                        ruling in such other countries ;
customs duty, is lower than the guide price, the dif­
ference between the latter price and the import price
plus that addition is offset by a levy on imports of              Whereas, however, offer prices which do not corres­
that product ; whereas , however, such levy is to be              pond to actual purchasing possibilities are to be dis­
fixed at :                                                        regarded, as are also offer prices relating to unrepre­
                                                                  sentative quantities ; whereas offer prices which,
— 75 °/o of the abovementioned difference, if it is               because of the development of prices in general or
     found that the price of the product in question on           from the information available, do not seem to be
     the representative markets of the Community is               representative of the actual trend of prices in the
     more than the guide price but does not exceed                exporting country should also be disregarded ;
     102 °/o of that price ;
                                                                  Whereas, where no free-at-frontier offer price can
— 50 °/o of the abovementioned difference, if it is
                                                                  be recorded for one or more categories of live ani­
     found that the price of the product in question on           mals or of meat, the last available price must be
     the representative markets of the Community is               used for the calculation ;
     more than 102 °/o of the guide price but does not
     exceed 104 °/o of that price ;
                                                                  Whereas the import price must be calculated on the
— 25 °/o of the abovementioned difference, if it is               first and third Thursday of each month for the pur­
     found that the price of the product in question on           pose of calculating the levies valid from the follow­
     the representative markets of the Community is               ing Monday ; whereas, however, if circumstances so
     more than 104 °/o of the guide price but does not             require, the import price may be fixed on ' another
     exceed 106 °/o of that price ;                               day of the same week ;
— nil, if it is found that the price of the product in            Whereas Commission Regulation (EEC) No 2150/
     question on the representative markets of the
                                                                  73 (5) of 6 August 1973 provides for the fixing of
     Community is more than 106 °/o of the guide
                                                                  the special import price referred to in Article 10 ( 1 )
     price ;
                                                                   ( a) of Regulation ( EEC) No 805 /68 for adult bovine
 Whereas Council Regulation (EEC) No 1192/73 (3 ),                animals originating in and coming from Austria,
 fixed the guide prices for calves and adult bovine               Sweden and Switzerland on the basis of quotations
 animals valid for the 1973/74 marketing year ;                    on representative markets in these third countries ;
 (l) OJ No L 148, 28 . 6. 1968, p. 24.
 (2) OJ No L 25, 30. 1 . 1973, p. 23.                              (4) OJ No L 26, 31 . 1 . 1973 , p . 16.
 (») OJ No L 122, 9. 5 . 1973, p. 6.                               (5) OJ No L 219 , 7. 8 . 1973 , p . 15 .
 ---pagebreak--- 4 . 1 . 74                                Official Journal of the European Communities                            No L 3 /25
Whereas this special import price is calculated once                 Whereas, where there are several representative mar­
a week and is used to calculate levies taking effect                 kets in a Member State, the price of each quality is
on the Monday following the day on which it is                       the average of the quotations recorded on each of
fixed ; whereas, however, no special import price is                 these markets ; whereas, where in a Member State
fixed if such price would exceed by less than 1 unit                 there is a single representative market, held several
of account per 100 kilogrammes live weight the                       times during the seven-day period, the price of each
import price fixed, pursuant to Article 10 ( 1 ) of                  quality is to be equal to the arithmetic mean of quo­
Regulation (EEC) No 805 /68 ; as specified in Re­                    tations recorded at each market ; whereas, with
gulation ( EEC) No 218 /73 ;                                         regard to Italy, the price of each quality is the aver­
                                                                     age, weighted by the special weighting coefficients
Whereas, if one or more of the third countries                       laid down in Annex II co Regulation ( EEC) No 320/
referred to take, notably for health protection                      73 , of the prices recorded in the surplus and deficit
reasons, measures affecting prices quoted on their                   production areas ; whereas the price recorded in the
markets, the Commission may base itself on the last                  surplus production area is equal to the average of the
prices recorded before such measures were put into                   quotations recorded on each of the markets within
effect ;                                                             that area ; whereas for the United Kingdom the
                                                                     weighted average of the prices recorded on the repre­
                                                                     sentative markets in Great Britain and in Northern
Whereas, if the import price differs by less than 0-50
unit of account per 100 kg live weight from the                      Ireland are to be multiplied by the coefficient fixed
                                                                     in the said Annex II ;
import price previously used to calculate the levy,
the latter price must be maintained ;
Whereas Article 10 (5 ) of Regulation ( EEC ) No                     Whereas, where these quotations do not relate to
 805/68 provides that the price recorded on the repre­               'live weight excluding tax' prices, the quotations for
sentative markets of the Community is derived from                   the different qualities are to be corrected by the
the prices recorded on the representative market or                  live-weight conversion coefficients laid down in Annex
markets of each Member State for the various quali­                  II to that Regulation and, in respect of Italy and the
ties — of calves, adult bovines animals or the meat                  United Kingdom, are first increased or reduced by the
of these animals, as the case may be — after taking                  corrective amounts laid down in that Annex ; where­
into account the relative quantity of each of such                   as for Ireland the price per calf recorded on the
qualities and the relative magnitude of the bovine                   representative market is to be increased by the correc­
stock of each Member State ;                                         tive amount fixed in that Annex and subsequently
                                                                     converted back into live weight per unit of weight
Whereas the prices for calves and adult bovine ani­                  by applying the corrective coefficient fixed in that
mals, recorded on the representative market or mar­                  Annex ;
kets of each Member State, is equal to the average,
weighted by coefficients, of the prices for the quali­
ties of calves, adult bovine animals and meat of
these animals formed during a period of seven days                   Whereas, if one or more Member States take mea­
 in that Member State at a standard wholesale stage ;                sures, such as health protection measures, which
whereas the representative markets, the qualities of                  affect the normal development of quotations re­
 the products and the weightings were fixed in                       corded on their markets, the Commission may either
Annex II to Commission Regulation (EEC ) No 320/                     disregard the quotations recorded on the market or
73 (*) of 31 January 1973 on the determination of                    markets in question or use the last quotations
 the prices for calves and adult bovine animals on                    recorded on the market or markets in question
 the representative markets of the Community, as                     before those measures were put into effect ;
 amended by Regulation (EEC ) No 3545 /73 ( 2) ;
 Whereas the prices of calves and adult bovine ani­                   Whereas, where information is not available, the
 mals so established on the market or markets of
                                                                      quotations recorded on representative Community
 each of the new Member States must be increased by                   markets are to be determined with particular refer­
 the basic compensatory amount provided for in Art­                   ence to the latest known quotations ;
 icle 1 ( 1 ) of Council Regulation (EEC) No
  181 /73 (3) of 23 January 1973 laying down general
  rules for the system of compensatory amounts for
 beef and veal :                                                      Whereas, for as long as the price recorded for
                                                                      calves and adult bovine animals on the representa­
                                                                      tive Community markets differs by less than 0-20
                                                                      unit of account per 100 kg live weight from the
  (*) OJ No L 36, 8 . 2. 1973 , p . 13 .
  (l) OJ No L 361 , 29 . 12 . 1973 .                                  price previously used, the latter price is to be main­
  (3) OJ No L 25 , 30. 1 . 1973 , p . 9 .                             tained ;
 ---pagebreak--- No L 3 /26                              Official Journal of the European Communities                                  4. 1 . 74
Whereas Article 12 ( 1 ) of Regulation (EEC ) No                   Whereas, if the levy system is to operate normally,
805/68 provides that if a levy is charged on                       levies should be calculated on the following basis :
calves or adult bovine animals, a levy is also to be
charged on imports of the meat of calves or adult                  — in the case of currencies which are maintained in
bovine animals as listed in Section (a) of the Annex                       relation to each other, at any given moment,
to that Regulation under tariff subheadings Nos                            within a band of 2-25 %>, a rate of exchange
02.01 A II a) 1 aa) and 02.01 A II a) 1 bb) ; where­                       based on their effective parity ;
as this levy is equal to the levy charged on calves
or adult bovine animals, as the case may be,                       — for other currencies an exchange rate based on
adjusted by a coefficient expressing the value ratio                       the arithmetic mean of the spiot market rates of
between the meat in question on the one hand and                           each of these currencies recorded for a given
calves or adult bovine animals on the other ;                              period, in relation to the Community currencies
                                                                           referred to in the previous subparagraph ;
Whereas Article 12 (3 ) of Regulation (EEC) No
805/68 provides that if the levy is charged on adult               Whereas, under Article 4 ( b) (5 ) of Council Regulation
bovine animals, a levy is also to be charged on                     (EEC ) No 974/71 (3) of 12 May 1971 , as last amended
imports of the meat listed in Section (b) of the                    by Regulation ( EEC ) No 3450/73 (4), in the case
Annex to that Regulation ; whereas this levy is                     where, when the Regulations laying down the rules for
equal to the levy charged on adult bovine animals,                 the common organization of the agricultural markets
multiplied by a standard coefficient ;                              are applied, the prices on the Italian markets are
                                                                    concerned, the influence of the measures forseen in
Whereas Article 12 (4) of Regulation (EEC ) No                      paragraph 1 of the same Article is taken into consider­
805/68 provides that the levy may be charged on                     ation ;
imports of the products listed in Section (a ) of the
Annex to that Regulation under tariff subheading                    Whereas it follows from the provisions of the above­
No 02.01 A II a) 1 cc) ; whereas this levy is equal to              mentioned Regulations and in particular from the
the highest levy applicable to calves or adult bovine               quotations and other information known to the
animals, multiplied by a standard coefficient ;                     Commission that the levies on calves, adult bovine
                                                                    animals and on beef and veail other than frozen
                                                                    should be fixed as shown in the Annex to this Regu­
Whereas the standard coefficients referred to above                 lation ;
 were fixed for each of the products in question in
 Annex I to Commission Regulation ( EEC) No 2249/
 73 (*) of 17 August 1973 , fixing the coefficients for
 calculating the levy on beef and veal other than                    HAS ADOPTED THIS REGULATION :
 frozen ; whereas that Regulation also defines the re­
 quirements to be met by certain products for which
 the levy has been fixed by means of these coefficients ;                                       Article 1
                                                                    The levies referred to in Articles 10 and 12 of Regu­
 Whereas levies must be fixed with due regard for                   lation ( EEC ) No 805/68 shall be as shown in the
 obligations arising out of international agreements                Annex to this Regulation .
 concluded by the Community ; whereas Regulation
  (EEC) No 2170/73 (2) of 31 July 1973 on the con­
 clusion of the Trade Agreement between the Euro­                                               Article 2
 pean Economic Community and the Socialist Federal
 Republic of Yugoslavia should also be taken into                    To be classified as products falling within subhead­
 account ;
                                                                     ings Nos 02.01 A II a) 1 aa ) and 02.01 A II a) 1
                                                                     bb), products must correspond to the definitions
 Whereas, in accordance with Article 33 (2 ) of Regu­                contained in Article 2 of Regulation (EEC) No
 lation (EEC) No 805/68 , the nomenclature provided                  2249/73 .
 for in this Regulation is incorporated in the Com­
 mon Customs Tariff ;                                                                           Article 3
 Whereas the levies must be fixed once each week
                                                                     This Regulation shall enter into force on 7 January
 and be valid from the following Monday ;                            1974 .
  (*) OJ No L 230, 18. 8. 1973 , p. 15 .                             (3) OJ No L 106, 12 . 5 . 1971 , p . 1 .
  (■) OJ No L 224, 13 . 8. 1973, p. 1 .                              ( 4 ) OJ No L 353 , 22 . 12 . 1973 , p . 25 .
 ---pagebreak--- 4 . 1 . 74                       Official Journal of the European Communities                     No L 3 /27
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 3 January 1974.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak---  No L 3 /28                         Official Journal of the European Communities                                  4 . 1 . 74
                                                              ANNEX
                    Levies applicable from 7 January 1974 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                                                                 0(b )              0(b )
                      b ) Other :
                           1 . Cows for immediate slaughter, the meat of which is              0-188
                               intended for processing (a)                                                         —
                          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                              0-470
                                    female animals (c)
                               bb ) Other                                                    0-705 ( b )         0-705 (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 domestic bovine animals :
                      a) Of domestic bovine animals :
                          1 . Fresh or chilled :
                               aa ) Of calves :
                                    11 . Carcases and half-carcases                              0                  0
                                    22 . Separated or unseparated forequarters                   0                  0
                                    33 . Separated or unseparated hindquarters                   0                 0
                               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)                          0-893
                                         bbb ) Other                                          1-340              1-340
                                    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)                                            0-714
                                         bbb ) Other                                          1-072             1-072
 ---pagebreak--- 4 . 1 . 74                                    Official Journal of the European Communities                                                  No L 3 /29
                                                                                                                                          (in u.a . ¡100 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)                                                                          1-072
                                                     bbb ) Other                                                            1-607              1-607
                                            cc) Other cuts of veal and beef :
                                                11 . Unboned (bone-in )                                                    2-009               2-009
                 4
                                                22 . Boned or boneless                                                     2-298               2-298
02.06                        Meat and edible meat offals (except poultry liver), salted, in brine,
                            dried or smoked :
                             C. Other :
                                1 . Of domestic bovine animals :
                                    a) Meat :
                                       1 . Unboned (bone-in)                                                               2-009               2-009
                                       2 . Boned or boneless                                                               2-298               2-298
 (*) Regulation (EEC) No 521/70 provides that the levies are not applied to imports into the French overseas departments of products origina­
     ting in the AASM and OCT .
(a) Entry under this subheading is subject to conditions to be determined by the competent authorities and to the special conditions at pre­
      sent applicable to cows imported under the bilateral agreement on cattle for the food processing industry between the European Com­
      munities 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.
(c) Entry under this subheading is subject to the production of the certificate referred to in paragraph 2 (c) of Protocol No 1 annex I to the
      trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .