31979R0899

No L 112/ 10 Official Journal of the European Communities 5 . 5 . 79

COMMISSION REGULATION ( EEC) No 899/79 of 4 May 1979 fixing the import levies on live cattle and on beef and veal other than frozen

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 (b) 105 % where the market price is less than 98 % Regulation (EEC) No 425/77 (2), and in particular and more than or equal to 96 % of the guide Article 12(8) thereof, 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 (d) 114% where the market price is less than 90% 805/68 a levy is applicable to the products specified in of the guide price ; Article 1 ( l)(a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percentage of the basic levy ; Whereas pursuant to Article 1 0 (4) of Regulation (EEC) No 805/68 the basic levy on the meat specified Whereas in respect of bovine animals the basic levy is in sections (a), (c) and (d) of the Annex thereto is equal determined on the basis of the difference between the to the basic levy determined for bovine animals, multi­ plied by a standard coefficient fixed for each of the guide price and the Community free-at-frontier offer products in question ; whereas these coefficients are price plus the amount of the customs duty ; whereas the Community free-at-frontier offer price is deter­ fixed by Regulation (EEC) No 586/77 (3), as last mined in the light of the most representative amended by Regulation (EEC) No 882/79 (4) ; 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 22 May 1978 were fixed by Council section (a) of the Annex to the said Regulation under Regulation (EEC) No 995/78 of 12 May 1978 (5) ; subheadings 02.01 A II a) 1 to 3, account being taken in particular of the position with respect to supply Whereas Commission Regulation (EEC) No 586/77 of and demand, of world market prices for frozen meat 18 March 1977 laying down the rules for the applica­ of a category which is competitive with fresh or tion of levies on beef and veal and amending Regula­ chilled meat and of past experience ; tion (EEC) No 950/68 on the Common Customs Tariff, stipulates that the basic levy is to be calculated Whereas if it is found that the price of adult bovine according to the method set out in its Article 3 and animals on representative Community markets is on the basis of all the representative free-at-frontier higher than the guide price, the levy applicable equals offer prices of the Community determined for the the following percentage of the basic levy : 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 1 02 % of the guide price ; the prices specified in the customs documents accom­ panying products imported from third countries or (b) 50 % where the market price is more than 102 % from other information concerning export prices and less than or equal to 104% of the guide obtaining in those third countries ; price ; (c) 25 % where the market price is more than 104 % Whereas, however, offer prices that do not correspond and less than or equal to 106 % of the guide to real purchasing possibilities or that relate to unre­ price ; presentative quantities should not be taken into (d) 0 % where the market price is more than 106 % account ; whereas offer prices should also be excluded of the guide price ; (>) OJ No L 75, 23 . 3 . 1977, p . 10 . (i) OJ No L 148 , 28 . 6. 1968 , p. 24. («) OJ No L 111 , 4. 5 . 1979 , p . 14. (») OJ No L 130, 18 . 5. 1978 , p. 1 . (') OJ No L 61 , 5. 3. 1977, p. 1 .

5 . 5 . 79 No L 112/ 11 Official Journal of the European Communities

when the movement of prices in general or the infor­ markets of each Member State in respect of the mation available suggests that they are unrepresenta­ various categories of adult bovine animals or of meat tive of the true trend of prices in the country of from such animals, after taking into account the size origin ; of each of these categories and the relative size of the bovine herd of each Member State ; Whereas in cases where for one or more categories of bovine animals or cuts of meat a free-at-frontier offer Whereas the prices of adult bovine animals recorded price cannot be established, the most recent available on the representative market or markets of each price should be used for the calculation ; Member State are equal to the average, weighted by the appropriate coefficients, of the prices for the Whereas if the free-at-frontier offer price differs by various qualities of adult bovine animals or meat of less than 0-50 unit of account per 100 kilograms of such animals over a period of seven days in that live weight from that previously listed for the calcula­ Member State at a particular wholesale marketing tion of the levy, the latter price should be retained ; stage ; whereas the representative markets, categories and qualities of products and weighting coefficients Whereas pursuant to Article 10(3) of Regulation are fixed in Annex II to Commission Regulation (EEC) No 805/68 a special basic levy is determined ( EEC) No 610/77 of 18 March 1977 on the determina­ for certain third countries on the basis of the differ­ tion of prices of adult bovine animals on representa­ ence between the guide price and the average price tive Community markets and the survey of prices of recorded over a certain period plus the amount of the certain other cattle in the Community (3), as last customs duty ; amended by Regulation (EEC) No 1029/78 (4) ;

Whereas Commission Regulation (EEC) No 611 /77 of 18 March 1977 ( 1), as amended by Regulation (EEC) Whereas, for Member States with several representa­ No 925/77 (2), provides that the special levy on tive markets, the price of each category and quality is products originating in and coming from Austria, equal to the arithmetic mean of the prices recorded Sweden and Switzerland should be determined on the on each of those markets ; whereas, for representative basis of the weighted average of the prices of adult markets held several times in one period of seven bovine animals recorded on the representative markets days, the price of each category and quality is equal to of those third countries ; whereas the weighting coeffi­ the arithmetic mean of the prices recorded on each cients and representative markets are specified in the market day ; whereas in respect of Italy the price of Annexes to Regulation (EEC) No 611 /77 ; each category and quantity is equal to the average, weighted by the special weighting coefficients fixed in Annex II to Regulation (EEC) No 610/77, of the Whereas the average price is not to be used for calcu­ prices recorded in the surplus and deficit zones ; lating the special levy unless it is at least one unit of whereas the price recorded in the surplus zone is account per 100 kilograms of live weight more than equal to the arithmetic mean of the prices recorded the free-at-frontier offer price determined in accor­ on each of the markets within that zone ; whereas in dance with Article 10(2) of Regulation (EEC) No respect of the United Kingdom the weighted average 805/ 68 ; prices of adult bovine animals recorded on the repre­ sentative markets of Great Britain on the one hand Whereas if the average price differs by less than 0 50 and Northern Ireland on the other are adjusted by the unit of account per 100 kilograms of live weight from coefficient fixed in the abovementioned Annex II ; that previously used to calculate the levy, the latter may be retained ; Whereas prices for the different categories and quali­ Whereas in cases where one or more of the abovemen­ ties not obtained from prices which are 'live weight tioned third countries adopt, for reasons of health for excluding tax' are multiplied by the live weight conver­ example, measures affecting the prices recorded on sion coefficients fixed in Annex II to the said Regula­ their markets, the Commission may use the latest tion and, in the case of Italy, are first increased or prices recorded before the entry into force of such reduced by the corrective amounts fixed in the said measures ; Annex ;

Whereas pursuant to Article 12(6) of Regulation (EEC) No 805/68 the price of adult bovine animals on Whereas if one or more Member States, for veterinary representative Community markets is the price esta­ or health reasons for example, adopt measures blished on the basis of prices recorded over a period affecting the normal trend of prices recorded on their to be determined on the representative market or 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 OJ No L 109 , 30 . 4. 1977, p . 1 . 4 OJ No L 132, 20 . 5 . 1978 , p. 63 .

No L 112/ 12 Official Journal of the European Communities 5 . 5 . 79

recorded on the market or markets in question , or use Whereas, to enable the levy system to function the latest prices recorded on the market or markets in normally, the following should be used to calculate question before the entry into force of such measures ; the levies ;

Whereas in the absence of information, prices — for currencies whose spot rates are maintained at recorded on representative Community markets are any given moment within a spread of 2-25 % , a determined mainly by reference to the most recently conversion rate based on their actual par values ; recorded prices ; — for other currencies, a conversion rate based on the arithmetic mean of the spot exchange rates of Whereas for such period as the price of adult bovine each of these currencies, recorded over a given animals recorded on representative Community period, in relation to the Community currencies markets differs by less then 0 20 unit of account per referred to in the previous indent ; 100 kilograms of live weight from the price previously used the latter is retained ; Whereas Council Regulation (EEC) No 652/79 of 29 Whereas the levies should be so fixed that the obliga­ March 1 979 (4) laid down the coefficient for tions arising from international agreements concluded expressing amounts, fixed in units of account, in by the Community continue to be fulfilled ; whereas, ECU ; moreover, account should be taken of Regulation (EEC) No 2170/73 of 31 July 1973 on the conclusion Whereas, having regard to the provisions of the afore­ of the Trade Agreement between the European mentioned Regulations, and in particular to the data Economic Community and the Socialist Federal Repu­ and quotations available to the Commission, the levies on adult bovine animals and beef and veal other than blic of Yugoslavia ('), as amended by Regulation (EEC) frozen meat should be as set out in the Annex to this No 2862/77 (2) and last extended by Regulation (EEC) No 233/79 (3) ; Regulation,

Whereas the various cuts of beef and veal are defined in Regulation (EEC) No 586/77 ; HAS ADOPTED THIS REGULATION : Whereas, pursuant to Article 33 (2) of Regulation (EEC) No 805/68 , the nomenclature used in this Regu­ lation is incorporated in the Common Customs Article 1 Tariff ; The import levies on live cattle and beef and veal Whereas the levies and special levies are fixed before other than frozen meat shall be as specified in the the 27th day of each month and are applicable from Annex to this Regulation . the first Monday of the following month ; whereas these levies may be altered in the period between two fixings where the basic levy or special basic levy is Article 2 altered, or in the case of changes in the prices recorded on Community representative markets ; This Regulation shall enter into force on 7 May 1979 .

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

Done at Brussels, 4 May 1979 .

For the Commission

Finn GUNDELACH

Vice-President

(') OJ No L 224, 13 . 8 . 1973, p. 1 . (2) OJ No L 330 , 23 . 12. 1977 , p. 9 . (3) OJ No L 34, 9 . 2. 1 979, p. 1 . (4 ) OJ No L 84, 4 . 4 . 1979 , p. 1

5 . 5 . 79 No L 112/ 13 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 4 May 1979 fixing the import levies on live cattle and on beef and veal other than frozen (') for the period beginning 7 May 1979

n i r ::: kg)

CCT heading No Austria / Sweden / Switzerland Other third countries

— Live weight —

01.02 A II a) (a) 60.929 01.02 A lib) (b) 20093 68.097

— Net weight —

02.01 A II a) 1 aa) (a) 1 1 5.765 02.01 Alia) 1 bb) 38176 129.384 92.612 02.01 A II a) 2 aa) (a) 30.541 103.507 02.01 A II a) 2 bb) 138.918 02.01 A II a) 3 aa) (a) 02.01 A II a) 3 bb) 45.811 155-261 02.01 A II a) 4 aa) 57-263 194.076 65.502 221-996 02.01 A II a) 4 bb) 02.06 C I a) 1 57-263 194.076 02.06 C I a) 2 65.502 221.996 16.02 B III b) 1 aa) 65.502 221.996

(') 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 M)() 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.