31974R1095
4 . 5 . 74 Official Journal of the European Communities No L 122/ 13
REGULATION ( EEC) No 1095 / 74 OF THE COMMISSION of 3 May 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 21 8/73 (4) COMMUNITIES, of 29 January 1973 on the determination of the import price and the special import price for calves and adult bovine animals , provides that the import Having regard to the Treaty establishing the European price is to be calculated in accordance with the Economic Community ; method set out in Article 4 on the basis of all the representative free-at-frontier offer prices in the Having regard to Council Regulation (EEC) No Community established for each of the categories and 805 / 68 ( ! ) of 27 June 1968 on the common organiza cuts specified in Article 2, and ascertained in parti cular from : tion of the market in beef and veal , as last amended by Regulation (EEC) No 187/73 (2), and in particular the second subparagraph of Article 10 (7) thereof ; (a) prices given in the customs documents accom panying the products imported from such other Having regard to the Opinion of the Monetary third countries ; Committee ; (b) other information concerning the export prices Whereas Article 10 (3) of Regulation (EEC) No 805/68 ruling in such other countries ; provides that, where the import price for calves or adult bovine animals , after addition of the customs duty, is lower than the guide price , the difference Whereas, however, offer prices which do not corres between the latter price and the import price plus that addition is offset by a levy on imports of that product ; pond to actual purchasing possibilities are to be disre whereas, however, such levy is to be fixed at : garded, as are also offer prices relating to unrepresenta tive quantities ; whereas offer prices which, because of the development of prices in general or from the infor — 75 % of the abovementioned difference, if it is mation available, do not seem to be representative of found that the price of the product in question on the actual trend of prices in the exporting country the representative markets of the Community is should also be disregarded ; more than the guide price but does not exceed 102 % of that price ; — 50 % of the abovementioned difference, if it is found that the price of the product in question on Whereas, where no free-at-frontier offer price can be the representative markets of the Community is recorded for one or more categories of live animals or more than 102 % of the guide price but does not of meat, the last available price must be used for the exceed 104% of that price ; calculation ;
— 25 % of the abovementioned difference, if it is found that the price of the product in question on the representative markets of the Community is Whereas the import price must be calculated on the more than 1 04 % of the guide price but does not first and third Thursday of each month for the exceed 106 % of that price ; purpose of calculating the levies valid from the following Monday ; whereas, however, if circumstances — nil, if it is found that the price of the product in so require, the import price may be fixed on another question on the representative markets of the day of the same week ; Community is more than 106 % of the guide price ;
Whereas the guide prices for calves and adult bovine Whereas Commission Regulation ( EEC) No animals valid from 1 April 1974 are fixed by Council 2150 /73 (5 ) of 6 August 1973 provides for the fixing of Regulation ( EEC) No 667/74 (3 ) ; the special import price referred to in Article 10 ( 1 ) (a) of Regulation ( EEC) No 805/ 68 for adult bovine (') 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 85, 29 . 3 . 1974, p. 59 . 5 ) OJ No L 219 , 7 . 8 . 1973 , p. 15 .
No L 122 / 14 Official Journal of the European Communities 4 . 5 . 74
animals originating in and coming from Austria, whereas , where there are several representative Sweden and Switzerland on the basis of quotations on markets in a Member State, the price of each quality is representative markets in these third countries ; the average of the quotations recorded on each of these markets ; whereas , where in a Member State Whereas this special import price is calculated once a there is a single representative market, held several week and is used to calculate levies taking effect on times during the seven-day period, the price of each the Monday following the day on which it is fixed ; quality is to be equal to the arithmetic mean of quota whereas , however, no special import price is fixed if tions recorded at each market ; whereas, with regard to such price would exceed by less than 1 unit of Italy, the price of each quality is the average, weighted account per 100 kilogrammes live weight the import by the special weighting coefficients laid down in price fixed, pursuant to Article 10 ( 1 ) of Regulation Annex II to amended Regulation ( EEC) No 320 / 73 , of (EEC) No 805/68 , as specified in Regulation ( EEC) the prices recorded in the surplus and deficit produc No 218 /73 ; tion areas ; whereas the price recorded in the surplus production area is equal to the average of the quota Whereas, if one or more of the third countries tions recorded on each of the markets within that referred to take, notably for health protection reasons, area ; whereas for the United Kingdom the weighted measures affecting prices quoted on their markets, the average of the prices recorded on the representative markets in Great Britain and in Northern Ireland are Commission may base itself on the last prices recorded before such measures were put into effect ; to be multiplied by the coefficient fixed in the said Annex II ; Whereas, if the import price differs by less than 0-50 unit of account per 100 kg live weight from the import price previously used to calculate the levy, the latter price must be maintained ; Whereas , where these quotations do not relate to live weight excluding tax' prices, the quotations for the different qualities are to be corrected by the live Whereas Article 10 ( 5) of Regulation ( EEC) No 805/68 weight conversion coefficients laid down in Annex II provides that the price recorded on the representative to that Regulation and, in respect of Italy and the markets of the Community is derived from the prices United Kingdom , are first increased or reduced by the recorded on the representative market or markets of corrective amounts laid down in that Annex ; whereas each Member State for the various qualities — of calves , adult bovine animals or the meat of these for Ireland the price per calf recorded on the represen tative market is to be increased by the corrective animals , as the case may be — after taking into account the relative quantity of each of such qualities amount fixed in that Annex and subsequently converted back into live weight per unit of weight by and the relative magnitude of the bovine stock of each Member State ; applying the corrective coefficient fixed in that Annex ; Whereas the prices for calves and adult bovine animals , recorded on the representative market or markets of each Member State, is equal to the average, Whereas, if one or more Member States take weighted by coefficients, of the prices for the qualities measures , such as health protection measures , which of calves , adult bovine animals and meat of these affect the normal development of quotations recorded animals formed during a period of seven days in that on their markets , the Commission may either disre Member State at a standard wholesale stage ; whereas gard the quotations recorded on the market or the representative markets , the qualities of the markets in question or use the last quotations products and the weightings were fixed in Annex II to recorded on the market or markets in question before Commission Regulation ( EEC) No 320 /73 (') of 31 those measures were put into effect ; January 1973 on the determination of the prices for calves and adult bovine animals on the representative markets of the Community, as last amended by Regu lation ( EEC) No 646/ 74 (2 ) ; Whereas, where information is not available, the quota tions recorded on representative Community markets Whereas the prices of calves and adult bovine animals so established on the market or markets of each of the are to be determined with particular reference to the latest known quotations ; new Member States must be increased by the basic compensatory amount provided for in Article 1 ( 1 ) of Council Regulation ( EEC) No 181 / 73 ( 3 ) of 23 January 1973 laying down general rules for the system of Whereas, for as long as the price recorded for calves compensatory amounts for beef and veal ; and adult bovine animals on the representative Community markets differs by less than 0-20 unit of (') OJ No L 36, 8 . 2 . 1973 , p. 13 . (-') 0 | No L 78 , 23 . 3 . 1974, p. 20 . account per 100 kg live weight from the price previ (3) O") No L 25 , 30 . 1 . 1973 , p. 9 . ously used , the latter price is to be maintained ;
4 . 5 . 74 Official Journal of the European Communities No L 122/ 15
Whereas Article 12 ( 1 ) of Regulation ( EEC) No 805 /68 Whereas the levies must be fixed once each week and provides that if a levy is charged on calves or adult be valid from the following Monday ; bovine animals , a levy is also to be charged on imports of the meat of calves or adult bovine animals Whereas, if the levy system is to operate normally, as listed in Section (a) of the Annex to that Regulation levies should be calculated on the following basis : under tariff subheading Nos 02.01 A II a) 1 aa) and 02.01 A II a) 1 bb) ; whereas this levy is equal to the — in the case of currencies which are maintained in levy charged on calves or adult bovine animals, as the relation to each other, at any given moment, case may be , adjusted by a coefficient expressing the within a band of 2-25 % , a rate of exchange based value ratio between the meat in question on the one on their effective parity ; hand and calves or adult bovine animals on the other ; — for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each Whereas Article 12 (3 ) of Regulation (EEC) No 805/ 68 of these currencies recorded for a given period , in provides that if the levy is charged on adult bovine relation to the Community currencies referred to animals, a levy is also to be charged on imports of the in the previous subparagraph ; meat listed in Section (b) of the Annex to that Regula tion ; whereas this levy is equal to the levy charged on Whereas, under Article 4 (b) (5) of Council Regulation adult bovine animals , multiplied by a standard coeffi ( EEC) No 974/71 (4) of 12 May 1971 , as last amended cient ; by Regulation (EEC) No 3450 / 73 (5 ), in the case where, when the Regulations laying down the rules for the common organization of the agricultural markets Whereas Article 12 (4) of Regulation ( EEC) No 805/68 are applied , the prices on the Italian markets are provides that the levy may be charged on imports of concerned , the influence of the measures forseen in the products listed in Section (a) of the Annex to that paragraph 1 of the same Article is taken into consider Regulation under tariff subheading No 02.01 A II a) 1 ation ; cc) ; whereas this levy is equal to the highest levy applicable to calves or adult bovine animals , multi Whereas it follows from the provisions of the above plied by a standard coefficient ; mentioned Regulations and in particular from the quotations and other information known to the Whereas the standard coefficients referred to above Commission that the levies on calves, adult bovine were fixed for each of the products in question in animals and on beef and veal other than frozen Annex I to Commission Regulation ( EEC) No should be fixed as shown in the Annex to this Regula 2249 / 73 (') of 17 August 1973 , fixing the coefficients tion , for calculating the levy on beef and veal other than frozen ; whereas that Regulation also defines the requirements to be met by certain products for which the levy has been fixed by means of these coeffi HAS ADOPTED THIS REGULATION : cients ;
Whereas levies must be fixed with due regard for obli Article 1 gations arising out of international agreements concluded by the Community ; whereas Regulation The levies referred to in Articles 10 and 12 of Regula ( EEC ) No 2170 / 73 ( 2 ) of 31 July 1973 on the conclu tion ( EEC) No 805 / 68 shall be as shown in the Annex sion of the Trade Agreement between the European to this Regulation . Economic Community and the Socialist Federal Repu blic of Yugoslavia should also be taken into account ; Article 2 Whereas the levies for calves and veal are identical with those applicable to adult bovine animals and beef To be classified as products falling within subheading in accordance with Commission Regulation ( EEC) No Nos 02.01 A II a ) 1 aa) and 02.01 A II a) 1 bb), 1 100 / 74 ( ') of 3 May 1974 ; products must correspond to the definitions contained in Article 2 of Regulation ( EEC) No 2249 / 73 .
Whereas , in accordance with Article 33 (2) of Regula tion ( EEC ) No 805 / 68 , the nomenclature provided for Article 3 in this Regulation is incorporated in the Common Customs Tariff ; This Regulation shall enter into force on 6 May 1974 . (') 0 | No L 230 , 18 . 8 . 1973 . p. 15 . (-) Oj No L 224, 13 . 8 . 1973 , p. I. (-1 ) OJ No L 106 , 12 . 5 . 1971 , p. 1 . (') See p. IS of this Official Journal . ( 5 ) Oj No L 353 , 22. 12. 1973, p. 25 .
No L 122/ 16 Official Journal of the European Communities 4 . 5 . 74
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 3 May 1974. For the Commission
P.J. LARDINOIS Member of the Commission
4 . 5 . 74 Official Journal of the European Communities No L 122 / 17
ANNEX
Levies applicable from 6 May 1974 to imports from third countries ('
(in u.a.1100 kg) CCT Austria Other third heading Description of goods Sweden Switzerland countries No j Live weight 01.02 Live animals of the bovine species : I A. Domestic species : II . Other : 15-114 24-580 a ) Calves b ) Other : 1 . Cows for immediate slaughter, the meat of which is -- 15-114 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 i 24-580 female animals ( b ) j 15-114 j 24-580 bb ) Other I 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 28-717 46-702 22 . Separated or unseparated forequarters 22-973 37-362 33 . Separated or unseparated hindquarters 34-460 56-042 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 ( b ) 46-702 bbb ) Other 28-717 46-702
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 ( b ) 37-362 bbb ) Other 22-973 37-362
No L 122/ 18 Official Journal of the European Communities 4 . 5 . 74 .
(m 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 piore 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 (b ) 56-042
bbb] Other 34-460 56-042 cc) Other cuts of veal and beef :
11 . Unboned ( bone-in ) 43-075 70-053 22 . Boned or boneless 49-272 80-131
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 ) 43-075 70-053 2 . Boned or boneless 49-272 80-131
(l) 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 determi ned 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 ) 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 .