CELEX: 31985R1169
Language: en
Date: 1985-05-06 00:00:00
Title: Commission Regulation (EEC) No 1169/85 of 3 May 1985 fixing the import levies on frozen beef and veal

No L 121 / 12                            Official Journal of the European Communities                              6. 5. 85
                                    COMMISSION REGULATION (EEC) No 1169/85
                                                          of 3 May 1985
                                     fixing the import levies on frozen beef and veal
 THE COMMISSION OF THE EUROPEAN                                      (b) 50 % where the market price is more than 102 %
 COMMUNITIES,                                                             and less than or equal to 104 % of the guide
 Having regard to the Treaty establishing the European                    price ;
 Economic Community,                                                 (c) 25 % where the market price is more than 104 %
                                                                          and less than 106 % of the guide price ;
 Having regard to Council Regulation (EEC) No 805/68
 of 27 June 1968 on the common organization of the                   (d) 0 % where the market price is more than 106 %
 market in beef and veal ('), as last amended by the Act                  of the guide price ;
 of Accession of Greece (2), and in particular Article 1 2           Whereas, if it is found that the price of adult bovine
 (8) thereof,                                                        animals on representative Community markets is
 Having regard to the opinion of the Monetary                        equal to or less than the guide price, the levy appli­
 Committee ,                                                         cable equals the following percentage of the basic
Whereas under Article 9 of Regulation (EEC) No                       levy :
 805/68 a levy is applicable to the products specified in            (a) 100 % where the market price is more than or
Article 1 (1 ) (a) of that Regulation ; whereas Article 12                equal to 98 % of the guide price ;
 fixes the amount of the levy applicable by reference to             (b) 105 % where the market price is less than 98 %
 a percentage of the basic levy ;                                         and more than or equal to 96 % of the guide
Whereas, in respect of the types of frozen meat listed                    price ;
 in section (b) of the Annex to the said Regulation                  (c) 110 % where the market price is less than 96 %
 under subheading 02.01 A II b) 1 , the basic levy is                     and more than or equal to 90 % of the guide
 determined on the basis of the difference between :                      price ;
— the guide price multiplied by a coefficient repre­                 (d) 114 % where the market price is less than 90 % of
     senting the ratio existing in the Community                          the guide price ;
     between the price of fresh meat of a category
     competitive with the frozen meat in question,                   Whereas the guide prices for adult bovine animals to
     presented in the same form, and the average price               be applied from 2 April 1984 have been fixed by
     of adult bovine animals, and                                    Council Regulation (EEC) No 868/84 of 31 March
— the Community free-at-frontier offer price for                     1984 (*), as last extended by Regulation (EEC) No
                                                                     1 165/85 (*) ;
     frozen meat, plus the amount of the customs duty
     and a standard amount representing the specific                 Whereas the Community free-at-frontier offer price for
     costs of the import operations ;                                frozen meat is determined by reference to the world
Whereas, by Commission Regulation (EEC) No                           market price based on the most representative purcha­
 586/77 of 18 March 1977 laying down rules for the                   sing possibilities, as regards quality and quantity,
application of the levies on beef and veal and amen­                 recorded over a certain period preceding the fixing of
ding Regulation (EEC) No 950/68 on the Common                        the basic levy, taking into account in particular :
Customs Tariff (3), as last amended by Regulation                   — foreseeable developments on the market in frozen
(EEC) No 31 14/83 (4), the abovementioned coefficient,                    meat,
calculated in accordance with the rules laid down in
                                                                    — the most representative prices on third country
Article 11 (2) (a) of Regulation (EEC) No 805/68 , has                    markets for fresh and chilled meat of a category
been fixed at 1-69 units of account and the standard
                                                                          which is competitive with frozen meat,
amount referred to in Article 1 1 (2) (b) of the said
Regulation has been fixed at 6,65 ECU ;                             — past experience ;
Whereas, if it is found that the price of adult bovine              Whereas the basic levy on the types of frozen meat
animals on representative Community markets is                       listed in section (b) of the Annex to Regulation (EEC)
higher than the guide price, the levy applicable equals              No 805/68 under subheadings 02.01 A II b) 2 to 4 is
the following percentage of the basic levy :                        equal to the basic levy fixed for the product falling
(a) 75 % where the market price is less than or equal               within subheading 02.01 A II b) 1 , multiplied by a
     to 1 02 % of the guide price ;                                 standard coefficient fixed for each of the products in
                                                                    question ; whereas these coefficients were fixed in
                                                                    Annex II to Regulation (EEC) No 586/77 ;
(') OJ  No  L  148 , 28 . 6. 1968 , p. 24.
(2) OJ  No  L  291 , 29 . 11 . 1979, p. 17.
O   OJ  No  L  75, 23 . 3 . 1977, p. 10 .                           0 OJ No L 90, 1 . 4. 1984, p. 30 .
(4) OJ  No  L  303, 5. 11 . 1983, p. 16.                            (6) See page 4 of this Official Journal .
 ---pagebreak---  6 . 5 . 85                           Official Journal of the European Communities                          No L 121 / 13
 Whereas, for the purpose of fixing the free-at-frontier        the surplus and deficit zones ; whereas the price
 offer prices, offer prices that do not correspond to real       recorded in the surplus zone is equal to the arithmetic
 purchasing possibilities or that relate to unrepresenta­       mean of the prices recorded on each of the markets
 tive quantities should not be taken into account ;             within that zone ; whereas in respect of the United
 whereas offer prices should also be excluded when the          Kingdom the weighted average prices of adult bovine
 movement of prices in general or the information               animals recorded on the representative markets of
 available gives reason to believe that they are unrepre­       Great Britain on the one hand and Northern Ireland
 sentative of the true trend of prices in the country of        on the other are adjusted by the coefficient fixed in
 origin ;                                                       the abovementioned Annex II ;
 Whereas, where the free-at-frontier offer price for            Whereas prices for the different categories and quali­
 frozen meat differs by less than one unit of account           ties not obtained from prices which are 'live weight
 per 100 kilograms from that previously used for the            excluding tax', are multiplied by the live weight
 calculation of the levy, the latter price should be            conversion coefficients fixed in Annex II to the said
 retained ;                                                     Regulation and, in the case of Italy, are first increased
                                                                or reduced by the corrective amounts fixed in the said
Whereas pursuant to Article 12 (6) of Regulation (EEC)          Annex ;
 No 805/68 the price of adult bovine animals on repre­
 sentative Community markets is the price established           Whereas if one or more Member States, for veterinary
 on the basis of prices recorded over a period to be            or health reasons for example, adopt measures affec­
 determined on the representative market or markets of          ting the normal trend of prices recorded on their
 each Member State for the various categories of adult          markets, the Commission may disregard the prices
 bovine animals or of meat from such animals, taking            recorded on the market or markets in question, or use
 into account the size of each of these categories and          the latest prices recorded on the market or markets in
 the relative size of the bovine herd of each Member            question before the entry into force of such measures ;
 State ;                                                        Whereas, in the absence of information, prices
                                                                recorded on representative Community markets are
Whereas the prices of adult bovine animals recorded             determined mainly by reference to the most recently
 on the representative market or markets of each
Member State are equal to the average, weighted by              recorded prices ;
the relevant coefficients, of the prices for the various        Whereas, for such period as the price of adult bovine
qualities of adult bovine animals or meat of such               animals recorded on representative Community
animals over a period of seven days in that Member              markets differs by less than 0,24 ECU per 100 kilo­
State at . a particular wholesale marketing stage ;             grams of live weight from the price previously used,
whereas, for the 1984/85 marketing year, the price of           the latter is retained ;
adult bovine animals recorded on the representative
market or markets of the United Kingdom shall be                Whereas the levies must be so fixed that obligations
corrected by the amount of the premium granted to               arising from international agreements concluded by
producers under Regulation (EEC) No 1063/84 (');                the Community continue to be fulfilled ;
whereas the representative markets, categories and              Whereas Council Regulation (EEC) No 486/85 (4) lays
qualities of products and weighting coefficients are            down the arrangements applicable on agricultural
fixed in Annex II to Commission Regulation (EEC)                products and certain goods resulting from the proces­
No 610/77 of 18 March 1977 on the determination of
                                                                sing of agricultural products originating in the African,
prices of adult bovine animals on representative                Caribbean and Pacific States or in the overseas coun­
Community markets and the survey of prices of                   tries and territories ;
certain other cattle in the Community (2), as last
amended by Regulation (EEC) No 2019/84 (3) ;                    Whereas the various cuts of frozen meat are defined in
                                                                Regulation (EEC) No 586/77 ;
Whereas, for Member States with several representative
markets, the price of each category and quality is equal        Whereas, pursuant to Article 33 (2) of Regulation
to the arithmetic mean of the prices recorded on each           (EEC) No 805/68, the nomenclature provided for in
of those markets ; for representative markets held              this Regulation is incorporated in the Common
several times in one period of seven days, the price of         Customs Tariff ;
each category and quality is equal to the arithmetic
mean of the prices recorded on each market day ;                Whereas the levies are fixed before the 27th day of
whereas in respect of Italy the price of each category          each month and are applicable from the first Monday
and quality is equal to the average, weighted by the            of the following month ; whereas these levies may be
special weighting coefficients fixed in Annex II to             altered in the period between two fixings where the
Regulation (EEC) No 610/77, of the prices recorded in           basic levy is altered, or in these case of changes in the
                                                                prices . recorded on Community representative
                                                                markets ;
(') OJ No L 105, 18 . 4. 1984, p. 1 .
(2) OJ No L 77, 25. 3 . 1977, p . 1 .
O OJ No L 187, 14. 7. 1984, p . 48,                              4) OJ No L 61 , 1 . 3 . 1985, p. 4.
 ---pagebreak--- No L 121 / 14                        Official Journal of the European Communities                            6 . 5 . 85
Whereas, if the levy system is to operate normally,            mation and quotations known to the Commission, the
levies should be calculated on the following basis :           levies on frozen beef and veal should be as set out in
— in the case of currencies which are maintained in            the Annex hereto,
    relation to each other at any given moment within
    a band of 2,25 % , a rate of exchange based on
    their central rate, multiplied by the coefficient
                                                               HAS ADOPTED THIS REGULATION :
    provided for in Article 2b (2) of Council Regula­
    tion (EEC) No 974/71 ('), as last amended by Regu­
    lation (EEC) No 855/84 (2),
— for other currencies, an exchange rate based on the                                 Article 1
    arithmetic mean of the spot market rates of each of
    these currencies recorded over a given period in           The import levies on frozen beef and veal shall be as
    relation to the Community currencies referred to           set out in the Annex hereto.
    in the previous indent and the aforesaid coeffi­
    cient ;
                                                                                      Article 2
Whereas, having regard to the provisions of the afore­
mentioned Regulations, and in particular to the infor­         This Regulation shall enter into force on 6 May 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 3 May 1985.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
(') OJ No L 106, 12. 5. 1971 , p . 1 .
(2) OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 6. 5. 85                           Official Journal of the European Communities                                No L 121 / 15
                                                          ANNEX
         to the Commission Regulation of 3 May 1985 fixing the import levies on frozen beef and
                                      veal (') for the period beginning 6 May 1985
                                                                                                   (ECU/ 100 kg)
                                         CCT heading No                                         Levy
                                                                                          — Net weight —
         02.01   A II b) 1                                                                  205,467
         02.01   All b) 2                                                                    164.373(a)
         02.01   A lib) 3                                                                   256,834
         02.01   A II b) 4 aa)                                                              308,200
         02.01   A lib) 4 bb) 11                                                             256,834 (a)
         02.01   A II b) 4 bb) 22 (b)                                                        256,834 (a)
         02.01   A lib) 4 bb) 33                                                             353,402 (a)
          (') In accordance with Regulation (EEC) No 435/80, 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) Where products are imported under the conditions set out in Article 14 of Council Regulation
              (EEC) No 805/68 of 27 June 1968 and in provisions adopted for its application, the levy is totally
              or partially suspended in accordance with those provisions.
         (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid
              down by the competent authorities of the European Communities.