31979R1365

No L 163/30 Official Journal of the European Communities 2. 7 . 79

COMMISSION REGULATION (EEC) No 1365/79 of 29 June 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 (J), 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 10(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 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 products in question ; whereas these coefficients are the Community free-at-frontier offer price is deter­ fixed by Commission Regulation (EEC) No 586/77 of mined in the light of the most representative 18 March 1977 laying down rules for the application purchasing possibilities, as regards quality and quan­ of levies on beef and veal and amending Regulation tity, recorded over a certain period for bovine animals (EEC) No 950/68 on the Common Customs Tariff (3), and for the fresh or chilled meat specified in as last amended by Regulation (EEC) No 882/79 (4) ; section (a) of the Annex to the said Regulation under subheadings 02.01 A II a) 1 to 3, account being taken Whereas the guide prices for adult bovine animals to in particular of the position with respect to supply be applied from 2 July 1979 were fixed by Council and demand, of world market prices for frozen meat Regulation (EEC) No 1274/79 of 25 June 1979(5); of a category which is competitive with fresh or chilled meat and of past experience ; Whereas Regulation (EEC) No 586/77 stipulates that the basic levy is to be calculated according to the Whereas if it is found that the price of adult bovine method set out in its Article 3 and on the basis of all animals on representative Community markets is the representative free-at-frontier offer prices of the higher than the guide price, the levy applicable equals Community determined for the products of each of the following percentage of the basic levy : the categories and cuts specified in Article 2 and esta­ (a) 75 % where the market price is less than or equal blished principally by reference to the prices specified to 102% of the guide price ; in the customs documents accompanying products imported from third countries or from other informa­ (b) 50 % where the market price is more than 102 % tion concerning export prices obtaining in those third and less than or equal to 104 % of the guide 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 ; (3) OJ No L 75, 23 . 3. 1977, p. 10 . (>) OJ No L 148, 28 . 6. 1968 , p. 24. (4) OJ No L 111 , 4. 5. 1979, p. 14. (2) OJ No L 61 , 5. 3. 1977, p. 1 . (5) OJ No L 161 , 29 . 6. 1979, p. 15.

2. 7. 79 No L 163 / 31 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 price cannot be established, the most recent available whereas the prices of adult bovine animals recorded price should be used for the calculation ; on the representative market or markets of each 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 used 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 1 0 (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 1350/79 (4) ;

Whereas Commission Regulation (EEC) No 611 /77 of 18 March 1977 (*), 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) See page 1 of this Official Journal.

No L 163/32 2. 7. 79 Official Journal of the European Communities

recorded on the market or markets in question, or use altered, or in the case of changes in the prices the latest prices recorded on the market or markets in recorded on Community representative markets ; question before the entry into force of such measures ; Whereas, if the levy system is to operate normally, Whereas, in the absence of information, prices levies should be calculated on the following basis : recorded on representative Community markets are — in the case of currencies which are maintained in determined mainly by reference to the most recently relation to each other at any given moment within recorded prices ; a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas for such period as the price of adult bovine animals recorded on representative Community — for other currencies, an exchange rate based on the markets differs by less then 0-20 unit of account per arithmetic mean of the spot market rates of each 1 00 kilograms of live weight from the price previously of these currencies recorded for a given period in used the latter is retained ; relation to the Community currencies referred to in the previous indent ; Whereas the levies should be so fixed that the obliga­ tions arising from international agreements concluded Whereas Council Regulation (EEC) No 652/79 of 29 by the Community continue to be fulfilled ; whereas, March 1979 (4) laid down the coefficient for moreover, account should be taken of Regulation expressing amounts, fixed in units of account, in (EEC) No 2170/73 of 31 July 1973 on the conclusion ECU ; of the Trade Agreement between the European Whereas, having regard to the provisions of the afore­ Economic Community and the Socialist Federal Repu­ mentioned Regulations, and in particular to the infor­ blic of Yugoslavia (1), as amended by Regulation (EEC) mation and quotations known to the Commission, the No 2862/77 (2) and last extended by Regulation (EEC) levies on live cattle and beef and veal other than No 1211 /79(3); frozen meat should be as set out in the Annex hereto, 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 provided for in Article 1 this Regulation is incorporated in the Common Customs Tariff ; The import levies on live cattle and beef and veal other than frozen meat shall be as set out in the Whereas the levies and special levies are fixed before Annex hereto . the 27th day of each month and are applicable from the first Monday of the following month ; whereas Article 2 these levies may be altered in the period between two fixings where the basic levy or special basic levy is This Regulation shall enter into force on 2 July 1979.

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

Done at Brussels, 29 June 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 153, 21 . 6. 1979, p. 5. (4) OJ No L 84, 4. 4. 1979, p. 1 .

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2. 7 . 79 No L 163/33 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 29 June 1979 fixing the import levies on live cattle and on beef and veal other than frozen (') for the period beginning 2 July 1979

(EC U/100 kg)

CCT heading No Austria/ Sweden / Switzerland Other third countries

— Live weight —

01.02 A II a) (a) — 59.466 01.02 A lib) (b) 22.701 66.462

— Net weight —

02.01 Alia) 1 aa) (a) 112.985 02.01 A II a) 1 bb) 43.132 126-278 02.01 A II a) 2 aa) (a) 90.388 02.01 A II a) 2 bb) 34-506 101-022 02.01 A II a) 3 aa) (a) 135-582 02.01 A II a) 3 bb) 51-758 151-533 02.01 A II a) 4 aa) 64.697 189.417 02.01 A II a) 4 bb) 74-004 216-666 02.06 C I a) 1 64.697 189-417 02.06 C I a) 2 74-004 216-666 16.02 Bill b) 1 aa) 74.004 216-666

(') 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.