31974R0023

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 .

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/ 73 , of the prices recorded in the surplus and deficit referred to take, notably for health protection production areas ; whereas the price recorded in the reasons, measures affecting prices quoted on their surplus production area is equal to the average of the markets, the Commission may base itself on the last quotations recorded on each of the markets within prices recorded before such measures were put into that area ; whereas for the United Kingdom the effect ; 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 Ireland are to be multiplied by the coefficient fixed unit of account per 100 kg live weight from the 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 Whereas, if one or more Member States take mea­ these animals formed during a period of seven days in that Member State at a standard wholesale stage ; sures, such as health protection measures, which affect the normal development of quotations re­ whereas the representative markets, the qualities of 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 recorded on the market or markets in question the prices for calves and adult bovine animals on 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 . price previously used, the latter price is to be main­ (l) OJ No L 361 , 29 . 12 . 1973 . (3) OJ No L 25 , 30. 1 . 1973 , p . 9 . tained ;

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 paragraph 1 of the same Article is taken into consider­ Whereas Article 12 (4) of Regulation (EEC ) No ation ; 805/68 provides that the levy may be charged on 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 Article 2 clusion of the Trade Agreement between the Euro­ 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 2249 / 73 . lation (EEC) No 805/68 , the nomenclature provided for in this Regulation is incorporated in the Com­ mon Customs T ariff ; 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 .

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

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 Switzerland countries No 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) 0-705 ( b ) 0-705 (b ) bb ) Other

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

4 . 1 . 74 Official Journal of the European Communities No L 3 /29

(in u.a . ¡100 kg) CCT Austria Sweden Other third heading Description of goods 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 .