31973R3446
No L 353 / 16 Official Journal of the European Communities 22 . 12 . 73
REGULATION (EEC) No 3446/73 OF THE COMMISSION of 21 December 1973 fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN 2260/73 (5) of 17 August 1973 determining the bases COMMUNITIES , for calculating the levy on certain kinds of frozen beef and veal ; Having regard to the Treaty establishing the Euro pean Economic Community ; Whereas Article 4 of Regulation ( EEC ) No 990/68 provides that the most favourable purchasing oppor Having regard to Council Regulation (EEC ) No 805 / tunities among those which are most representative 68 (*) of 27 June 1968 on the common organization as regards quality and quantity as mentioned in of the market in beef and veal, as last amended by Article 13 (2) (b ) of Regulation (EEC) No 805 /68 Regulation (EEC) No 187/73 (2), and in particular should be determined in the first place with refer Article 13 ( 6 ) thereof ; ence to free-at-Community-frontier offers or, where such offers are not sufficiently representative of the Having regard to the Opinion of the Monetary market situation, world market offers delivered free Committee ; at-Community-frontier for each of the products listed in Section ( c) of the Annex to Regulation Whereas Article 13 ( 1 ) of Regulation (EEC) No ( EEC ) No 805 /68 ; whereas, for products other than 805 /68 provides for charging a levy on imports of those covered by the first subparagraph of Article the frozen meat listed in Section ( c) of the Annex to 13 (2) of that Regulation , the offer price is that Regulation ; whereas the levy on products converted into a price relating to the products falling within subheading No 02.01 A II a) 2 aa) is covered by that subparagraph by means of the coef equal to the difference between : ficients referred to in Article 13 (3 ) of that Regula — the guide price for the corresponding product tion ; whereas those coefficients were fixed in multiplied by a coefficient expressing the ratio Annex I to Regulation ( EEC ) No 2260/73 ; existing in the Community between the price for fresh meat of a quality competitive with the frozen meat in question , presented in the same Whereas Article 2 of Regulation ( EEC ) No 2260/73 form, and the average price for adult bovine provides that the Commission , when determining the world market price referred to in Article 13 (2) animals , and ( b ) of Regulation (EEC) No 805 / 68 must disregard — the price on the world market for frozen meat, offer prices which do not correspond to real based on the most favourable purchasing oppor purchasing opportunities or which relate to small tunities among those which are most representa unrepresentative quantities or to qualities which tive, as regards quality and quantity, of the devel differ appreciably from those of the majority of the opment of this market, plus customs duty and a products entering world trade ; whereas offer prices standard amount representing the specific costs which the Commission believes , in view of general incurred in importing frozen meat ; price movements or information available to it, not to be representative of real price trends in the Whereas Article 1 of Council Regulation (EEC) No country of origin must also be disregarded ; 990/68 (3) of 1*5 July 1968 on general rules for fixing the levy on certain kinds of frozen beef and veal provides that the guide price for the corres Whereas offers on the world market are converted ponding product is the guide price for adult bovine into free-at-Community-frontier offers by taking animals ; whereas this guide price was fixed by into account the normal transport and insurance Council Regulation ( EEC ) No 1192/73 (4) of 8 May costs of which the Commission has knowledge ; 1973 ; Whereas the standard amount referred to in Article Whereas the abovementioned coefficient, calculated 13 (2) (b ) of Regulation (EEC) No 805 /68 is fixed in accordance with the rules contained in Article 13 at 5-5 units of account per 100 kg ; (2) of Regulation (EEC) No 805/68 was fixed at 1-53 by Commission Regulation ( EEC ) No Whereas, as long as the world market price for frozen meat differs by less that 1 unit of account (*) OJ No L 148 , 28 . 6. 1968, p. 24 . (») OJ No L. 25 , 30 . 1 . 1973 , p. 23 . (*) OJ No L 169, 18 . 7. 1968, p. 12 . («) OJ No L 122 , 9 . 5 . 1973 , p. 6 . (5) OJ No L 233 , 21 . 8 . 1973 , p. 10 .
22 . 12 . 73 Official Journal of the European Communities No L 353 / 17
per 100 kg from the world market price previously Whereas, if the levy system is to operate normally, used , the latter price is maintained ; levies should be calculated on the following basis :
— in the case of currencies which are maintained in Whereas Article 13 ( 3 ) of Regulation ( EEC ) No 805 / relation to each other, at any given moment, 68 provides that, for the frozen meat listed in within a band of 2-25 °/o, a rate of exchange Section ( c) of the Annex to that Regulation under based on their effective parity ; subheadings Nos 02.01 A II a ) 2 bb ), 02.01 A II a ) 2 — for other currencies an exchange rate based on cc) and 02.01 A II a ) 2 dd), the levy is equal to the the arithmetic mean of the spot market rates of levy on the product in the same Section under each of these currencies recorded for a given subheading No 02.01 A II a ) 2 aa ) multiplied by the period, in relation to the Community currencies fixed coefficient for each of the products in ques referred to in the previous subparagraph ; tion ; whereas this coefficient was fixed in Annex I to Regulation ( EEC ) No 2260 / 73 ; whereas Whereas it follows from applying the provisions of that Regulation also defines the requirements to be the abovementioned Regulations to the quotations and other information known to the Commission met by certain products for which the levy is fixed that the levies on frozen meat should 'be fixed as by means of these coefficients ; shown in the Annex to this Regulation,
Whereas Article 13 ( 4) of Regulation ( EEC ) No 805 / HAS ADOPTED THIS REGULATION : 68 provides that, where free quotations on the world market are not a determining factor for the offer price and where that price is lower than these Article 1 quotations, a special price calculated on the basis of the offer price is substituted, solely in respect of The levies referred to in Article 13 of Regulation the imports in question, for the world market price ( EEC) No 805/68 are fixed as shown in the Annex for frozen meat referred to in paragraph 2 of that to this Regulation . Article ; Article 2
Whereas, subject to the foregoing, the levy referred To be classified as products falling within : to in Article 13 ( 1 ) of Regulation ( EEC ) No 805 / 68 — subheading No 02.01 A II a ) 2 aa ), is fixed before the 25th day of each month and is applicable from the first Monday of the following — subheading No 02.01 A II a) 2 bb ) and cc), month ; whereas , however, the levy is altered in the — subheading No 02.01 A II a ) 2 dd) and 22 bbb). intervening period if there is considerable fluctu Products must correspond to the definition for the ation in the world market price for frozen meat ; product in question contained in Regulation ( EEC) No 2260 / 73 . Whereas, in accordance with Article 20 ( 1 ) of Regu Article 3 lation ( EEC ) No 805 /68 , the nomenclature provided for in this Regulation is incorporated in the This Regulation shall enter into force on 7 January Common Customs Tariff ; 1974 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 21 December 1973 .
For the Commission
P.J. LARDINOIS
Member of the Commission
No L 353 / 18 Official Journal of the European Communities 22 . 12 . 73
ANNEX
Levies applicable from 7 January 1974 to imports from third countries (*)
CCT Levy in heading Description of goods u. a. / 100 kg No 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 : 2 . Frozen : aa ) Carcases, half-carcases or ' compensated ' quarters 0 bb ) Forequarters 0 ( a ) cc) Hindquarters 0 dd ) Other : 11 . Unboned ( bone-in ) 0 22 . Boned or boneless :
aaa ) Forequarters, whole or cut into a maxi mum of five pieces , each quarter being in a single block ; ' compensated' quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces , and the other, the hind quarter, excluding the tenderloin , in one piece 0 ( a )
bbb ) Crop , chuck and blade and brisket cuts ( b ) 0 ( a ) *
ccc ) Other 0 ( a )
(') Regulation ( EEC) No 521 /70 provides that the levies are not applied to imports into the French overseas departments of products originating in the AASM and CCT . ( a) Where these products are imported under the conditions set out in Article 14 of Council Regulation (EEC ) No 805/68 of 27 June 1968 and in the provisions adopted for its application , the levy is totally or partially suspended in accordance with these 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 .