31977R0934

No L 109/20 Official Journal of the European Communities 30 . 4 . 77

COMMISSION REGULATION (EEC) No 934/77 of 29 April 1977 fixing the import levies on live cattle and beef and veal other than frozen meat

THE COMMISSION OF THE EUROPEAN Whereas if it is found that the price of adult bovine COMMUNITIES, animals on representative Community markets is equal to or less than the guide price, the levy appli­ Having regard to the Treaty establishing the European cable equals the following percentage of the basic Economic Community, levy :

Having regard to Council Regulation (EEC) No (a) 100 % where the market price is more than or 805/68 of 27 June 1968 on the common organization equal to 98 % of the guide price ; of the market in beef and veal ('), as last amended by Regulation (EEC) No 425/77 (2), and in particular (b) 105 % where the market price is less than 98 % Article 12(8) thereof, and more than or equal to 96 % of the guide price ; Having regard to the opinion of the Monetary (c) 110 % where the market price is less than 96 % Committee, and more than or equal to 90 % of the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 a levy is applicable to the products specified in (d) 114 % where the market price is less than 90 % Article 1 ( l )(a) of that Regulation ; whereas Article 12 of the guide price ; fixes the amount of the levy applicable by reference to a percentage of the basic levy ; Whereas pursuant to Article 10(4) of Regulation Whereas in respect of bovine animals the basic levy is (EEC) No 805/68 the basic levy on the meat specified determined on the basis of the difference between the in sections (a), (c) and (d) of the Annex thereto is equal to the basic levy determined for bovine animals, multi­ guide price and the Community free-at-frontier offer plied by a standard coefficient fixed for each of the price plus the amount of the customs duty ; whereas the Community free-at-frontier offer price is deter­ products in question ; whereas these coefficients are mined in the light of the most representative fixed by Regulation (EEC) No 586/77 (3) ; purchasing possibilities, as regards quality and quan­ tity, recorded over a certain period for bovine animals Whereas the guide prices for adult bovine animals to and for the fresh or chilled meat specified in be applied from 2 May 1977 were fixed by Council section (a) of the Annex to the said Regulation under Regulation (EEC) No 869/77 of 26 April 1977 (4); subheadings 02.01 A II a) 1 to 3, account being taken in particular of the position with respect to supply and demand, of world market prices for frozen meat Whereas Commission Regulation (EEC) No 586/77 of of a category which is competitive with fresh or 18 March 1977 laying down the rules for the applica­ chilled meat and of past experience ; tion of levies on beef and veal and amending Regula­ tion (EEC) No 950/68 on the Common Customs Whereas if it is found that the price of adult bovine Tariff, stipulates that the basic levy is to be calculated animals on representative Community markets is according to the method set out in its Article 3 and higher than the guide price, the levy applicable equals on the basis of all the representative free-at-frontier the following percentage of the basic levy : offer prices of the Community determined for the products of each of the categories and cuts specified (a) 75 % where the market price is less than or equal in Article 2 and established principally by reference to to 102% of the guide price ; the prices specified in the customs documents accom­ (b) 50 % where the market price is more than 1 02 % panying products imported from third countries or and less than or equal to 1 04 % of the guide from other information concerning export prices price ; obtaining in those third countries ; (c) 25 % where the market price is more than 104 % and less than or equal to 106 % of the guide Whereas, however, offer prices that do not correspond price ; to real purchasing possibilities or that relate to unre­ (d) 0 % where the market price is more than 1 06 % presentative quantities should not be taken into of the guide price ; account ; whereas offer prices should also be excluded

(') OJ No L 148 , 28 . 6. 1968 , p. 24. (J) OJ No L 75, 23 . 3 . 1977, p. 10. (2) OJ No L 61 , 5. 3 . 1977, p. 1 . (<) OJ No L 106, 29 . 4. 1977, p. 12.

30 . 4 . 77 Official Journal of the European Communities No L 109 /21

when the movement of prices in general or the infor­ of each of these categories and the relative size of the mation available suggests that they are unrepresenta­ bovine herd of each Member State ; tive of the true trend of prices in the country of origin ; Whereas the prices of adult bovine animals recorded on the representative market or markets of each Whereas in cases where for one or more categories of Member State are equal to the average, weighted by bovine animals or cuts of meat a free-at-frontier offer the appropriate coefficients, of the prices for the price cannot be established, the most recent available various qualities of adult bovine animals or meat of price should be used for the calculation ; such animals over a period df seven days in that Member State at a particular wholesale marketing Whereas if the free-at-frontier offer price differs by stage ; whereas the representative markets, categories less than 0-50 unit of account per 100 kilograms of and qualities of products and weighting coefficients live weight from that previously listed for the calcula­ are fixed in Annex II to Commission Regulation tion of the levy, the latter price should be retained ; (EEC) No 610/77 of 18 March 1977 on the determina­ tion of prices of adult bovine animals on representa­ Whereas pursuant to Article 10(3) of Regulation tive Community markets and the survey of prices of (EEC) No 805/68 a special basic levy is determined certain other cattle in the Community (3) ; for certain third countries on the basis of the differ­ ence between the guide price and the average price Whereas the price of adult bovine animals recorded recorded over a certain period plus the amount of the on the market or markets of Ireland and the United customs duty ; Kingdom must be increased by the compensatory amount referred to in Article 1 ( 1 ) of Council Regula­ Whereas Commission Regulation (EEC) No 611 /77 of tion (EEC) No 430/77 of 14 February 1977 laying 18 March 1977 (•), as amended by Regulation (EEC) down general rules for the system of compensatory No 925/77 (2), provides that the special levy on amounts for beef and veal (4) ; products originating in and coming from Austria, Sweden and Switzerland should be determined on the Whereas, for Member States with several representa­ basis of the weighted average of the prices of adult tive markets, the price of each category and quality is bovine animals recorded on the representative markets equal to the arithmetic mean of the prices recorded of those third countries ; whereas the weighting coeffi­ on each of those markets ; whereas, for representative cients and representative markets are specified in the markets held several times in one period of seven Annexes to Regulation (EEC) No 611 /77 ; days, the price of each category and quality is equal to the arithmetic mean of the prices recorded on each Whereas the average price is not to be used for calcu­ market day ; whereas in respect of Italy the price of lating the special levy unless it is at least one unit of each category and quantity is equal to the average, account per 100 kilograms of live weight more than weighted by the special weighting coefficients fixed in the free-at-frontier offer price determined in accor­ Annex II to Regulation (EEC) No 610/77, of the dance with Article 10(2) of Regulation (EEC) No prices recorded in the surplus and deficit zones ; 805/68 ; whereas the price recorded in the surplus zone is equal to the arithmetic mean of the prices recorded Whereas if the average price differs by less than 0-50 on each of the markets within that zone ; whereas in unit of account per 100 kilograms of live weight from respect of the United Kingdom the weighted average that previously used to calculate the levy, the latter prices of adult bovine animals recorded on the repre­ may be retained ; sentative markets of Great Britain on the one hand Whereas in cases where one or more of the abovemen­ and Northern Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II ; tioned third countries adopt, for reasons of health for example, measures affecting the prices recorded on their markets, the Commission may use the latest Whereas prices for the different categories and quali­ prices recorded before the entry into force of such ties not obtained from prices which are 'live weight measures ; excluding tax' are multiplied by the live weight conver­ sion coefficients fixed in Annex II to the said Regula­ Whereas pursuant to Article 12(6) of Regulation tion and, in the case of Italy, are first increased or (EEC) No 805/68 the price of adult bovine animals on reduced by the corrective amounts fixed in the said representative Community markets is the price esta­ Annex ; blished on the basis of prices recorded over a period to be determined on the representative market or Whereas if one or more Member States, for veterinary markets of each Member State in respect of the or health reasons for example, adopt measures various categories of adult bovine animals or of meat affecting the normal trend of prices recorded on their from such animals, after taking into account the size markets the Commission may disregard the prices

(') OJ No L 77, 25. 3 . 1977, p. 14. (3) OJ No L 77, 25 . 3 . 1977, p. 1 . (2) See page 1 of this Official Journal . (4) OJ No L 61 , 5. 3 . 1977, p. 20 .

No L 109 / 22 Official Journal of the European Communities 30 . 4. 77

recorded on the market or markets in question, or use fixings where the basic levy or special basic levy is the latest prices recorded on the market or markets in altered, or in the case of changes in the prices question before the entry into force of such measures ; recorded on Community representative markets ;

Whereas in the absence of information, prices Whereas, to enable the levy system to function recorded on representative Community markets are normally, the' following should be used to calculate determined mainly by reference to the most recently the levies ; recorded prices ; — for currencies whose spot rates are maintained at Whereas for such period as the price of adult bovine any given moment within a spread of 2*25 % , a conversion rate based on their actual par values ; animals recorded on representative Community markets differs by less then 0*20 unit of account per — for other currencies, a conversion rate based on 100 kilograms of live weight from the price previously the arithmetic mean of the spot exchange rates of used the latter is retained ; each of these currencies, recorded over a given period, in relation to the Community currencies Whereas the levies should be so fixed that the obliga­ referred to in the previous indent ; tions arising from international agreements concluded by the Community continue to be fulfilled ; whereas, Whereas, having regard to the provisions of the afore­ moreover, account should be taken of Regulation mentioned Regulations, and in particular to the data (EEC) No 2170/73. of 31 July 1973 on the conclusion and quotations available to the Commission, the levies on adult bovine animals and beef and veal other than of the Trade Agreement between the European frozen meat should be as set out in the Annex to this Economic Community and the Socialist Federal Repu­ blic of Yugoslavia (') ; Regulation,

Whereas the various cuts of beef and veal are defined HAS ADOPTED THIS REGULATION : in Regulation (EEC) No 586/77 ;

Whereas, pursuant to Article 33 (2) of Regulation Article 1 (EEC) No 805/68, the nomenclature used in this Regu­ lation is incorporated in the Common Customs The import levies on live cattle and beef and veal Tariff ; other than frozen meat shall be as specified in the Annex to this Regulation . Whereas the levies and special levies are fixed before the 27th day of each month and are applicable from Article 2 the first Monday of the following month ; whereas these levies may be altered in the period between two This Regulation shall enter into force on 2 May 1977.

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

Done at Brussels, 29 April 1977.

For the Commission

Finn GUNDELACH Vice-President

(') OJ No L 224, 13 . 8 . 1973 , p. 1 .

30 . 4 . 77 Official Journal of the European Communities No L 109 / 23

ANNEX

to the Commission Regulation of 29 April 1977 fixing the import levies on live cattle and beef and veal other than frozen meatf 1) (UMJIOO kg)

CCT heading No Austria/Sweden/Switzerland Other third countries

— Live weight —

01.02 A 11 a) (a) 57-456 01.02 A II b) (b) 50-524 57-456

— Net weight —

02.01 Alia) 1 aa) (a) 109-166 02.01 Alia) 1 bb) 95-995 109-166 — 87-333 02.01 A Ha) 2 aa) (a) 02.01 A Ha) 2 bb) 76-796 87-333 — 131-000 02.01 A IIa) 3 aa) (a) 02.01 A II a) 3 bb) 115-194 131-000 02.01 All a) 4 aa) 143-992 163-750 02.01 A II a) 4 bb) 164-707 187-307 02.06 C I a) 1 143-992 163-750 02.06 C I a) 2 164-707 187-307 16.02 B III b) 1 aa) 164-707 187-307

(') In accordance with Regulation (EEC) No 706/76, 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) The levy shall be established in accordance with the provisions set out in Annex I to the Trade Agreement between the EEC and the Socialist Federal Republic of Yugoslavia. (b) The levy which is to be applied to young male bovine animals, intended for fattening, of a live weight of 300 kg or less, imported under the conditions set out in Article 13 of Council Regulation (EEC) No 805/68 of 27 June 1968, and in the provisions adopted for its application, is totally or partially suspended in accordance with those provisions.