31977R0935

No L 109/24 Official Journal of the European Communities 30 . 4. 77

COMMISSION REGULATION EEC No 935/77

of 29 April 1977

fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN Whereas, if it is found that the price of adult bovine COMMUNITIES, animals on representative Community markets is higher than the guide price, the levy applicable equals the following percentage of the basic levy : Having regard to the Treaty establishing the European Economic Community, (a) 75 % where the market price is less than or equal to 1 02 % of the guide price ; Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization (b) 50 % where the market price is more than 1 02 % of the market in beef and veal (J), as last amended by and less than or equal to 1 04 % of the guide Regulation (EEC) No 425/77 (2), and in particular price ; Article 12 (8) thereof, (c) 25 % where the market price is more than 104 % and less than 106 % of the guide price ; Having regard to the opinion of the Monetary Committee, (d) 0 % where the market price is more than 106 % of the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 a levy is applicable to the products specified in Article 1 ( 1 ) (a) of that Regulation whereas Article 12 Whereas, if it is found that the price of adult bovine fixes the amount of the levy applicable by reference to animals on representative Community markets is a percentage of the basic levy ; equal to or less than the guide price, the levy appli­ cable equals the following percentage of the basic levy : Whereas, in respect of the types of frozen meat listed in section (b) of the Annex to the said Regulation under subheading 02.01 A II b) 1 , the basic levy is (a) 100 % where the market price is more than or determined by reference to the difference between : equal to 98 % of the guide price ;

(b) 105 % where the market price is less than 98 % — the guide price multiplied by a coefficient repre­ senting the ratio existing in the Community and more than or equal to 96 % of the guide price ; between the price of fresh meat of a category competitive with the frozen meat in question, (c) 110 % where the market price is less than 96 % presented in the same form, and the average price of adult bovine animals, and and more than or equal to 90 % of the guide price ; — the Community free-at-frontier offer price for frozen meat, plus the amount of the customs duty (d) 114 % where the market price is less than 90 % and a standard amount representing the specific of the guide price ; costs of the import operations ;

Whereas the guide prices for adult bovine animals to Whereas, by Commission Regulation (EEC) No be applied from 2 May 1977 have been fixed by 586/77 of 18 March 1977 laying down rules for the Council Regulation (EEC) No 869/77 of 26 April application of the levies on beef and veal and 1 977 (4) ; amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), the abovementioned coef­ ficient, calculated in accordance with the rules laid Whereas the Community free-at-frontier offer price down in Article 11 (2) (a) of Regulation (EEC) No for frozen meat is determined by reference to the 805/68, has been fixed at 1 *69 units of account and world market price based on the most representative the standard amount referred to in Article 1 1 (2) (b) of purchasing possibilities, as regards quality and quan­ the said Regulation has been fixed at 5-5 units of tity, recorded over a certain period preceding the account ; fixing of the basic levy, taking into account in parti­ cular : (■) OJ No L 148, 28 . 6. 1968 , p. 24. (2) OJ No L 61 , 5. 3. 1977, p. 1 . (J) OJ No L 75, 23 . 3 . 1977, p. 10. (4) OJ No L 106, 29 . 4. 1977, p. 12.

30 . 4. 77 Official Journal of the European Communities No L 109/25

— foreseeable developments on the market in frozen tion (EEC) No 430/77 of 14 February 1977 laying meat, down general rules for the system of compensatory amounts for beef and veal (2) ; — the most representative prices on third country markets for fresh and chilled meat of a category Whereas, for Member States with several representa­ which is competitive with frozen meat, tive markets, the price of each category and quality is — past experience ; equal to the arithmetic mean of the prices recorded

on each of those markets ; for representative markets Whereas the basic levy on the types of frozen meat held several times in one period of seven days, the listed in section (b) of the Annex to Regulation (EEC) price of each category and quality is equal to the arith­ No 805/68 under subheadings 02.01 A II b) 2 to 4 is metic mean of the prices recorded on each market equal to the basic levy fixed for the product falling day ; whereas in respect of Italy the price of each cate­ within subheading 02.01 A II b) 1 , multiplied by a gory and quality is equal to the average, weighted by standard coefficient fixed for each of the products in the special weighting coefficients fixed in Annex II to question ; whereas these coefficients were fixed in Regulation (EEC) No 610/77, of the prices recorded in Annex II to Regulation (EEC) No 586/77 ; the surplus and deficit zones ; whereas the price recorded in the surplus zone is equal to the arithmetic Whereas, for the purpose of fixing the free-at-frontier mean of the prices recorded on each of the markets offer prices, offer prices that do not correspond to real within that zone ; whereas in respect of the United purchasing possiblities or that relate to unrepresenta­ Kingdom the weighted average prices of adult bovine tive quantities may not be taken into account ; animals recorded on the representative markets of whereas offer prices are also excluded when the move­ Great Britain on the one hand and Northern Ireland ment of prices in general or the information available on the other are adjusted by the coefficient fixed in gives reason to believe that they are unrepresentative the abovementioned Annex II ; of the true trend of prices in the country of origin ;

Whereas prices for the different categories and quali­ Whereas, where the free-at-frontier offer price for ties not obtained from prices which are 'live weight frozen meat differs by less than one unit of account excluding tax', are multiplied by the live weight per 100 kilograms from that previously used for the conversion coefficients fixed in Annex II to the said calculation of the levy, the latter price is retained ; Regulation and, in the case of Italy, are first increased or reduced by the corrective amounts fixed in the said Whereas pursuant to Article 12 (6) of Regulation Annex ; (EEC) No 805/68 the price of adult bovine animals on representative Community markets is the price esta­ Wherea if one or more Member States, for veterinary blished on the basis of prices recorded over a period or health reasons for example, adopt measures to be determined on the representative market or affecting the normal trend of prices recorded on their markets of each Member State, for the various catego­ markets, the Commission may disregard the prices ries of adult bovine animals or of meat from such recorded on the market or markets in question, or use animals, taking into account the size of each of these the latest prices recorded on the market or markets in categories and the relative size of the bovine herd of question before the entry into force of such measures ; each Member State ;

Whereas in the absence of information , prices Whereas the prices of adult bovine animals recorded recorded on representative Community markets are on the representative market or markets of each determined mainly by reference to the most recently Member State are equal to the average, weighted by recorded prices ; the relevant coefficients, of the prices for the various qualities of adult bovine animals or meat of such Whereas, for such period as the price of adult bovine animals over a period of seven days in that Member animals recorded on representative Community State at a particular wholesale marketing stage ; markets differs by less than 0-20 unit of account per whereas the representative markets, categories and 100 kilograms of live weight from the price previously qualities of products and weighting coefficients are used, the latter is retained ; fixed in Annex II to Commission Regulation (EEC) No 610/77 of 18 March 1977 on the determination of Whereas the levies must be so fixed that obligations prices of adult bovine animals on representative arising from international agreements concluded by Community markets and the survey of prices of the Community continue to be fulfilled ; whereas, certain other cattle in the Community (') ; moreover account should be taken of Regulation (EEC) No 2170/73 of 31 July 1973 on the conclusion Whereas the prices of adult bovine animals recorded of the Trade Agreement between the European on the market or markets of Ireland and the United Economic Community and the Socialist Federal Repu­ Kingdom must be increased by the compensatory blic of Yugoslavia (3) ; amount referred to in Article 1 ( 1 ) of Council Regula­

(2) OJ No L 61 , 5. 3 . 1977, p. 20 . (■) OJ No L 77, 25. 3 . 1977, p. 1 . (3) OJ No L 224, 13 . 8 . 1973 , p. 1 .

No L 109 / 26 Official Journal of the European Communities 30 . 4. 77

Whereas the various cuts of frozen meat are defined — for other currencies, a conversion rate based on in Regulation (EEC) No 586/77 ; the arithmetic mean of the spot exchange rates of each of these currencies, recorded over a given Whereas, pursuant to Article 33 (2) of Regulation period, against the Community currencies referred (EEC) No 805/68, the nomenclature used in this Regu­ to in the previous indent ; lation is incorporated in the Common Customs Tariff ; Whereas, having regard to the provisions of the afore­ mentioned Regulations, and in particular to the data Whereas the levies are fixed before the 27th day of and quotations available to the Commission, the levies each month and are applicable from the first Monday on frozen beef and veal should be as set out in the of the following month ; whereas these levies may be Annex to this Regulation, altered in the period between two fixings where the basic levy is altered, or in the case of changes in the HAS ADOPTED THIS REGULATION : prices recorded on Community representative markets ; Article 1 Whereas, to enable the levy system to function normally, the following should be used to calculate The import levies on frozen beef and veal shall be as the levies : specified in the Annex to this Regulation .

— for currencies whose spot rates are maintained at Article 2 any given moment within a spread of 2-25 % , a conversion rate based on their actual par values ; 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

30 . 4. 77 Official Journal of the European Communities No L 109/27

ANNEX

to the Commission Regulation of 29 April 1977 fixing the import levies on frozen beef and veal ( ! )

(u.aJlOO kg)

CCT heading No Levy

— Net weight —

02.01 A II b) 1 114-229 02.01 A II b) 2 91-383 (a)

02.01 A II b) 3 142-786

02.01 A lib) 4 aa) 171-344 02.01 A lib) 4 bb) 1 1 142786(a)

02.01 A lib) 4 bb) 22 (b) 142-786 (a)

02.01 All b) 4 bb) 33 1 96-474 (a)

(') 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) Where products are imported under the conditions set out in Article 14 of Council Regulation (EEC) No 805/68 of 27 June 1968 and in provisions adopted for its application , the levy is totally or partially suspended in accordance with those provisions. (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by the competent authori­ ties of the European Communities.