31976R1597

2. 7. 76 No L 177/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1597/76

of 1 July 1976

fixing the import levies on calves and adult bovine animals and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN Whereas the guide prices for calves and adult bovine COMMUNITIES, animals valid from 15 March 1976 are fixed by Council Regulation (EEC) No 558/76 of 15 March 1976(3);

Having regard to the Treaty establishing the European Economic Community, Whereas Commission Regulation (EEC) No 218/73 of 29 January 1973 on the determination of the import price and the special import price for calves and adult Having regard to Council Regulation (EEC) No bovine animals (4), as amended by Regulation (EEC) 805/68 of 27 June 1968 on the common organization No 532/76 (5), provides that the import price is to be of the market in beef and veal (J), as last amended by calculated in accordance with the method set out in Regulation (EEC) No 568/76 (2), and in particular the Article 4 on the basis of all the representative free-at­ second subparagraph of Article 10 (7) and Article 12 frontier offer prices in the Community established for (7) thereof, each of the categories and cuts specified in Article 2, and ascertained in particular from :

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 ;

(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 pond to actual purchasing possibilities are to be disre­ addition is offset by a levy on imports of that product ; garded, as are also offer prices relating to unrepresenta­ whereas, however, such levy is to be fixed at : tive quantities ; whereas offer prices which, because of the development of prices in general or from the infor­ mation available, do not seem to be representative of — 75 % of the abovementioned difference, if it is the actual trend of prices in the exporting country found that the price of the product in question on should also be disregarded ; the representative markets of the Community is more than the guide price but does not exceed 102 % of that price ; Whereas, where no free-at-frontier offer price can be recorded for one or more categories of live animals or — 50 % of the abovementioned difference, if it is of meat, the last available price must be used for the found that the price of the product in question on calculation ; the representative markets of the Community is more than 102 % of the guide price but does not exceed 1 04 % of that price ; Whereas the import price must be calculated on the first and third Thursday of each month for the — 25 % of the abovementioned difference, if it is purpose of calculating the levies valid from the found that the price of the product in question on following Monday ; whereas, however, if circumstances the representative markets of the Community is so require, the import price may be fixed on another more than 1 04 % of the guide price but does not day ; exceed 1 06 % of that price ;

— nil, if it is found that the price of the product in Whereas Commission Regulation (EEC) No 2150/73 question on the representative markets of the of 6 August 1 973 (6), as amended by Regulation (EEC) Community is more than 1 06 % of the guide price ; (3) OJ No L 67, 15. 3. 1976, p. 4. (4) OJ No L 26, 31 . 1 . 1973, p. 16. (1 ) OJ No L 148, 28 . 6. 1968 , p. 24. (5) OJ No L 63, 11 . 3. 1976, p. 17. (2) OJ No L 67, 15. 3 . 1976, p. 28 . (6) OJ No L 219, 7. 8 . 1973, p. 15.

No L 177/ 12 2. 7 . 76 Official Journal of the European Communities

No 1 261 /75 (1), provides for the fixing of the special Whereas the prices of calves and adult bovine animals so established on the market or markets of each of the import price referred to in Article 10 ( 1 ) (a) of Regula­ tion (EEC) No 805/68 for adult bovine animals origi­ new Member States must be increased by the basic nating in and coming from Austria, Sweden and Swit­ compensatory amount provided for in Article 1 ( 1 ) of zerland on the basis of quotations on representative Council Regulation (EEC) No 181 /73 of 23 January markets in these third countries ; 1973 laying down general rules for the system of compensatory amounts for beef and veal (4) ;

Whereas this special import price is calculated once a week and is used to calculate levies taking effect on Whereas, where there are several representative the Monday following the day on which it is fixed ; markets in a Member State, the price of each quality is whereas, however, no special import price is fixed if the average of the quotations recorded on each of such price would exceed by less than 1 unit of these markets ; whereas, where in a Member State account per 100 kilogrammes live weight the import there is a single representative market, held several price fixed, pursuant to Article 10 ( 1 ) of Regulation times during the seven-day period, the price of each (EEC) No 805/68, as specified in Regulation (EEC) quality is to be equal to the arithmetic mean of quota­ No 218 /73 ; tions recorded at each market ; whereas, with regard to Italy, the price of each quality is the average, weighted by the special weighting coefficients laid down in Whereas, if one or more of the third countries Annex II to amended Regulation (EEC) No 320/73, of referred to take, notably for health protection reasons, the prices recorded in the surplus and deficit produc­ measures affecting prices quoted on their markets, the tion areas ; whereas the price recorded in the surplus Commission may base itself on the last prices production area is equal to the average of the quota­ recorded before such measures were put into effect ; tions recorded on each of the markets within that

area ; whereas for the United Kingdom the weighted average of the prices recorded on the representative Whereas, if the import price differs by less than 0-50 markets in Great Britain and in Northern Ireland are unit of account per 100 kg live weight from the to be multiplied by the coefficient fixed in the said import price previously used to calculate the levy, the Annex II ; latter price must be maintained ;

Whereas, where these quotations do not relate to 'live Whereas Article 10 (5) of Regulation (EEC) No 805/68 weight excluding tax' prices, the quotations for the provides that the price recorded on the representative different qualities are to be corrected by the live­ markets of the Community is derived from the prices weight conversion coefficients laid down in Annex II recorded on the representative market or markets of to that Regulation and, in respect of Italy and the each Member State for the various qualities — of calves, adult bovine animals or the meat of these United Kingdom, are first increased or reduced by the corrective amounts laid down in that Annex ; whereas animals, as the case may be — after taking into for Ireland the price per calf recorded on the represen­ account the relative quantity of each of such qualities tative market is to be increased by the corrective and the relative magnitude of the bovine stock of each Member State : amount fixed in that Annex and subsequently converted back into live weight per unit of weight by 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, weighted by coefficients, of the prices for the qualities Whereas, if one or more Member States take of calves, adult bovine animals and meat of these measures, such as health protection measures, which animals formed during a period of seven days in that affect the normal development of quotations recorded Member State at a standard wholesale stage ; whereas on their markets, the Commission may either disre­ the representative markets, the qualities of the gard the quotations recorded on the market or products and the weightings were fixed in Annex II to markets in question or use the last quotations Commission Regulation (EEC) No 320/73 of 31 recorded on the market or markets in question before January 1973 on the determination of the prices for those measures were put into effect ; calves and adult bovine animals on the representative markets of the Community (2), as last amended by Regulation (EEC) No 1351 /76 (3) ; Whereas, where information is not available, the quota­ tions recorded on representative Community markets (') OJ No L 126, 17. 5. 1975, p. 18 . (2) OJ No L 36, 8 . 2. 1973, p. 13 . (3) OJ No L 153, 12. 6. 1976, p. 29 . (4) OJ No L 25, 30 . 1 . 1973, p. 9 .

2 . 7 . 76 No L 177/ 13 Official journal of the European Communities

are to be determined with particular reference to the Whereas the levies for calves and veal are identical latest known quotations ; with those applicable to adult bovine animals and beef in accordance with Commission Regulation (EEC) No 11 00/74 (3) of 3 May 1974 ; Whereas, for as long as the price recorded for calves and adult bovine animals on the representative Whereas, in accordance with Article 33 (2) of Regula­ Community markets differs by less than 0-20 unit of tion (EEC) No 805/68 , the nomenclature provided for account per 100 kg live weight from the price previ­ in this Regulation is incorporated in the Common ously used, the latter price is to be maintained ; Customs Tariff ;

Whereas the levies must be fixed once each week and Whereas Article 12 ( 1 ) of Regulation (EEC) No 805/68 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 subheadings 02.01 A II a) 1 aa) and 02.01 A II a) 1 bb) ; whereas this levy is equal to the levy — in the case of currencies which are maintained in charged on calves or adult bovine animals, as the case relation to each other, at any given moment, may be, adjusted by a coefficient expressing the value within a band of 2-25 % , a rate of exchange based ratio between the meat in question on the one hand on their effective parity ; 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 of these currencies recorded for a given period, in Whereas Article 12 (3) of Regulation (EEC) No 805/68 relation to the Community currencies referred to provides that if the levy is charged on adult bovine in the previous subparagraph ; animals, a levy is also to be charged on imports of the meat listed in Section (b) of the Annex to that Regula­ tion ; whereas this levy is equal to the levy charged on Whereas it follows from the provisions of the above­ adult bovine animals, multiplied by a standard coeffi­ mentioned Regulations and in particular from the cient ; quotations and other information known to the Commission that the levies on calves, adult bovine animals and on beef and veal other than frozen Whereas Article 12 (4) of Regulation (EEC) No 805/68 should be fixed as shown in the Annex to this Regula­ provides that the levy may be charged on imports of tion , the products listed in Section (a) of the Annex to that Regulation under tariff subheading 02.01 A II a) 1 cc) ; whereas this levy is equal to the highest levy appli­ cable to calves or adult bovine animals, multiplied by HAS ADOPTED THIS REGULATION : a standard coefficient ; *

Whereas the standard coefficients referred to above Article 1 were fixed for each of the products in question in Annex I to Commission Regulation ( EEC) No The levies referred to in Articles 10 and 12 of Regula­ 2249/73 of 17 August 1973, fixing the coefficients for tion (EEC) No 805/68 shall be as shown in the Annex calculating the levy on beef and veal other than to this Regulation . frozen (J ) ; 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 Article 2 cients ;

To be classified as products falling within subheadings Whereas levies must be fixed with due regard for obli­ 02.01 A II a) 1 aa) and 02.01 A II a) 1 bb), products gations arising out of international agreements must correspond to the definitions contained in concluded by the Community ; whereas Regulation Article 2 of Regulation ( EEC) No 2249/73 . (EEC) No 2170/73 of 31 July 1973 on the conclusion of the Trade Agreement between the European Economic Community and the Socialist Federal Repu­ Article 3 blic of Yugoslavia should also be taken into account (2 ) ; This Regulation shall enter into force on 5 July 1976.

(') OJ No L 230 , 18 . 8 . 1973, p . 15. (2) OJ No L 224, 13 . 8 . 1973 , p . 1 . (3 ) OJ No L 122, 4. 5 . 1974, p. 25 .

No L 177/ 14 2 . 7 . 76 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 1 July 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

2 . 7. 76 Official Journal of the European Communities No L 177/ 15

ANNEX

Levies applicable from 5 July 1976 to imports from third countries (1)

(in u.a. / 100 ke)

CCT Austria Other third heading Sweden Description of goods countries No Switzerland

Live weight

01.02 Live animals of the bovine species :

A. Domestic species :

II . Other : a) Calves 44.740 (a ) 46.240 (a)

b ) Other :

1 . Not yet having any permanent teeth, of a weight of not less than 330 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 female animals (b) 46.240 2 . Other 44.740 ( a ) 46.240 ( a)

02.01 Meat and edible offals of the animals falling within heading No Net weight 01.01 , 01.02, 01.03 or 01.04, fresh, chilled or frozen :

A. Meat : II . Of bovine animals : a) Of domestic bovine animals :

1 . Fresh or chilled : aa) Of calves : 11 . Carcases and half-carcases 85-006 87.856 1 68.005 - 70.285 22 . Separated or unseparated forequarters 102.007 105.427 33 . Separated or unseparated hindquarters 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) 87.856 bbb) Other 85.006 87.856

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 ) 70.285 bbb) Other 68.005 70.285

No L 177/ 16 Official Journal of the European Communities 2 . 7 . 76

(in u.s.1100 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 105.427 colour (b )

102.007 105.427 bbb) Other

cc) Other cuts of veal and beef :

127.509 131.784 11 . Unboned (bone-in) 22 . Boned or boneless 145.852 150.742

02.06 Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked :

C. Other :

I. Of domestic bovine animals a) Meat : 1 . Unboned ( bone-in) 127.509 131.784 2 . Boned or boneless 145.852 150.742

(') In accordance with Regulation (EEC) No 706/76, which provides that the 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 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 applicable is either refunded or not collected in accordance with those provisions . (b) Entry under this subheading Ts subject to the production of the certificate referred to in paragraph 2 (c) of Annex I to the trade agreement between the EEC and the Socialist Federal Republic of Yugoslavia .