31985R0854

30 . 3 . 85 No L 91 /65 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 854/85 of 28 March 1985 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 805/68 (a) 100 % where the market price is more than or of 27 June 1968 on the common organization of the equal to 98 % of the guide price ; market in beef and veal ('), as last amended by the Act (b) 105 % where the market price is less than 98 % of Accession of Greece (2), and in particular Article 1 2 and more than or equal to 96 % of the guide (8) thereof, price ; (c) 110 % where the market price is less than 96 % Having regard to the opinion of the Monetary and more than or equal to 90 % of the guide Committee, price ; Whereas under Article 9 of Regulation (EEC) No (d) 114 % where the market price is less than 90 % of 805/68 a levy is applicable to the products specified in the guide price ; Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to Whereas pursuant to Article 10 (4) of Regulation (EEC) a percentage of the basic levy ; No 805/68 the basic levy on the meat specified in sections (a), (c) and (d) of the Annex hereto is equal to Whereas in respect of bovine animals the basic levy is the basic levy determined for bovine animals, multi­ determined on the basis of the difference between the 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 fixed by Commission Regulation (EEC) No 586/77 of the Community free-at-frontier offer price is deter­ 18 March 1977 laying down rules for the application mined in the light of the most representative purcha­ of levies on beef and veal and amending Regulation sing possibilities, as regards quality and quantity, (EEC) No 950/68 on the Common Customs Tariff (3), recorded over a certain period for bovine animals and as last amended by Regulation (EEC) No 31 14/83 (4) ; for the fresh or chilled meat specified in section (a) of the Annex to the said Regulation under subheadings Whereas the guide prices for adult bovine animals to 02.01 A II a) 1 to 3, account being taken in particular be applied from 2 April 1984 were fixed by Council of the position with respect to supply and demand, of Regulation (EEC) No 868/84 of 31 March 1984 (*), world market prices for frozen meat of a category extended by Regulation (EEC) No 822/85 (*) ; 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 established principally by reference to the prices speci­ (a) 75 % where the market price is less than or equal fied in the customs documents accompanying to 102% of the guide price ; products imported from third countries or from other (b) 50 % where the market price is more than 102 % information concerning export prices obtaining in and less than or equal to 104 % of the guide those third countries ; price ; Whereas, however, offer prices that do not correspond (c) 25 % where the market price is more than 104 % to real purchasing possibilities or that relate to unre­ and less than or equal to 106 % of the guide presentative quantitities should not be taken into price ; account ; whereas offer prices should also be excluded (d) 0 % where the market price is more than 106 % of the guide price ; O OJ No L 75, 23 . 3 . 1977, p. 10 . (4) OJ No L 303, 5. 11 . 1983, p. 16. (') OJ No L 148 , 28 . 6. 1968 , p. 24. (*) OJ No L 90, 1 . 4. 1984, p. 30 . (2) OJ No L 291 , 19. 11 . 1979, p. 17. (6) See page 3 of this Official Journal .

No L 91 /66 30 . 3 . 85 Official Journal of the European Communities

when the movement of prices in general or the infor­ of adult bovine animals or of meat from such animals, mation available suggests that they are unrepresenta­ after taking into account the size of each of these cate­ tive of the true trend of prices in the country of gories and the relative size of the bovine herd of each origin ; 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 0,60 ECU per 100 kilograms of live weight such animals over a period of seven days in that from that previously used for the calculation of the Member State at a particular wholesale marketing levy, the latter price should be retained ; stage ; whereas, for the 1984/85 marketing year, the price of adult bovine animals recorded on the repre­ sentative market or markets of the United Kingdom Whereas pursuant to Article 10 (3) of Regulation (EEC) shall be corrected by the amount of the premium No 805/68 a special basic levy is determined for certain third countries on the basis of the difference granted to producers under Regulation (EEC) No 1063/84 (3) ; whereas the representative markets, cate­ between the guide price and the average price gories and qualities of products and weighting coeffi­ recorded over a certain period plus the amount of the cients are fixed in Annex II to Commission Regula­ customs duty ; tion (EEC) No 610/77 of 18 March 1977 on the deter­ mination of prices of adult bovine animals on repre­ Whereas Commission Regulation (EEC) No 611 /77 of sentative Community markets and the survey of prices 18 March 1977 ('), as amended by Regulation (EEC) of certain other cattle in the Community (4), as last No 925/77 (2), provides that the special levy on amended by Regulation (EEC) No 2019/84 Is); products originating in and coming from Austria, Sweden and Switzerland should be determined on the basis of the weighted average of the prices of adult bovine animals recorded on the representative markets Whereas, for Member States with several representative of those third countries ; whereas the weighting coeffi­ markets, the price of each category and quality is equal cients and representative markets are specified in the to the arithmetic mean of the prices recorded on each of those markets ; whereas, for representative markets Annexes to Regulation (EEC) No 611 /77 ; held several times in one period of seven days, the price of each category and quality is equal to the arith­ Whereas the average price is not to be used for calcu­ metic mean of the prices recorded on each market lating the special levy unless it is at least 1,21 ECU per day ; whereas in respect of Italy the price of each cate­ 100 kilograms of live weight more than the free-at­ gory and quantity is equal to the average, weighted by frontier offer price determined in accordance with the special weighting coefficients fixed in Annex II to Article 10 (2) of Regulation (EEC) No 805/68 ; Regulation (EEC) No 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price Whereas if the average price differs by less than 0,60 recorded in the surplus zone is equal to the arithmetic ECU per 100 kilograms of live weight from that mean of the prices recorded on each of the markets previously used to calculate the levy, the latter may be within that zone ; whereas in respect of the United retained ; Kingdom the weighted average prices of adult bovine animals recorded on the representative markets of Whereas in cases where one or more of the abovemen­ Great Britain on the one hand and Northern Ireland tioned third countries adopt, for reasons of health for on the other are adjusted by the coefficient fixed in the abovementioned Annex II : example, measures affecting the prices recorded on their markets, the Commission may use the latest prices recorded before the entry into force of such measures ; Whereas prices for the different categories and quali­ ties not obtained from prices which are 'live weight Whereas pursuant to Article 1 2 (6) of Regulation (EEC) excluding tax' are multiplied by the live weight No 805/68 the price of adult bovine animals on repre­ conversion coefficients fixed in Annex II to the said sentative Community markets is th price established Regulation and, in the case of Italy, are first increased on the basis of prices recorded over a priod to be or reduced by the corrective amounts fixed in the said determined on the representative market or markets of Annex : each Member State in respect of the various categories (■') OJ No L 105, 18 . 4. 1984, p. 1 . (') OJ No L 77, 25 . 3 . 1977, p. 14. (<) OJ No L 77, 25. 3 . 1977, p. 1 . (2) OJ No L 109, 30 . 4. 1977, p. 1 . 0 OJ No L 187, 14. 7. 1984, p. 48 .

30 . 3 . 85 No L 91 /67 Official Journal of the European Communities

Whereas if one or more Member States, for veterinary Whereas, pursuant to Article 33 (2) of Regulation or health reasons for example, adopt measures affec­ (EEC) No 805/68 , the nomenclature provided for in ting the normal trend of prices recorded on their this Regulation is incorporated in the Common markets the Commission may disregard the prices Customs Tariff ; recorded on the market or markets in question, or use Whereas the levies and special levies are fixed before the latest prices recorded on the market or markets in the 27th day of each month and are applicable from question before the entry into force of such measures ; the first Monday of the following month ; whereas Whereas, in the absence of information, prices these levies may be altered in the period between two recorded on representative Community markets are fixings where the basic levy or special basic levy is determined mainly by reference to the most recently altered, or in the case of changes in the prices recorded prices ; recorded on Community representative markets ; Whereas for such period as the price of adult bovine Whereas, if the levy system is to operate normally, animals recorded on representative Community levies should be calculated on the following basis : markets differs by less then 0,24 ECU per 100 kilo­ — in the case of currencies which are maintained in grams of live weight from the price previously used, relation to each other at any given moment within the latter is retained ; a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient Whereas the levies should be so fixed that the obliga­ tions arising from international agreements concluded provided for in Article 2b (2) of Council Regula­ tion (EEC) No 974/71 (*), as last amended by Regu­ by the Community continue to be fulfilled ; whereas, lation (EEC) No 855/84 (*), moreover, account should be taken of Council Regula­ tion (EEC) No 314/83 of 24 January 1983 on the — for other currencies, an exchange rate based on the conclusion of the Cooperation Agreement between the arithmetic mean of the spot market rates of each of European Economic Community and the Socialist these currencies recorded over a given period in Federal Republic of Yugoslavia ('), of Council Regula­ relation to the Community currencies referred to tion (EEC) No 287/82 of 3 February 1982 establishing in the previous indent and the aforesaid coeffi­ cient ; the arrangements applicable to imports of products originating in Yugoslavia to take account of the acces­ Whereas, having regard to the provisions of the afore­ sion of the Hellenic Republic to the Community (2), mentioned Regulation, and in particular to the infor­ and of Council Regulation (EEC) No 3349/81 of 24 mation and quotations known to the Commission, the November 1981 providing for a reduction in the levy levies on live cattle and beef and veal other than applicable to imports into the Community of certain frozen meat should be as set out in the Annex hereto, beef and veal products originating in and coming from Yugoslavia (3) ; HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 486/85 (4) lays Article 1 down the arrangements applicable on agricultural products and certain goods resulting from the proces­ The import levies on live cattle and beef and veal sing of agricultural products originating in the African, other than frozen meat shall be as set out in the Caribbean and Pacific States or in the overseas coun­ Annex hereto . tries and territories ; Article 2 Whereas the various cuts of beef and veal are defined in Regulation (EEC) No 586/77 ; This Regulation shall enter into force on 1 April 1985.

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

Done at ' Brussels, 28 March 1985.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 41 , 14. 2. 1983, p. 1 . (2) OJ No L 30, 6. 2. 1982, p. 1 . 0 OJ No L 339, 26. 11 . 1981 , p. 1 . 0 OJ No L 106, 12. 5. 1971 , p. 1 . O OJ No L 61 , 1 . 3 . 1985, p. 4. (6) OJ No L 90, 1 . 4. 1984, p. 1 .

No L 91 /68 30 . 3 . 85 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 March 1985 fixing the import levies on live cattle and on beef and veal other than frozen (') for the period beginning 1 April 1985

(ECU/100 kg)

Austria/Sweden/ CCT heading No Yugoslavia (2) Other third countries Switzerland

— Live weight —

01.02 A II (a) 53,790 23,576 122,641

— Net weight —

02.01 A II a) 1 102,201 44,795 233,018 02.01 A II a) 2 81,761 35,836 186,415 02.01 A II a) 3 122,641 53,754 279,621 02.01 A II a) 4 aa) 67,193 349,527 02.01 A II a) 4 bb) 76,859 399,811 02.06 C I a) 1 67,193 349,527 02.06 C I a) 2 76,859 399,811 16.02 Bill b) 1 aa) 76,859 399,811

(') In accordance with Regulation (EEC) No 486/85, 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 . (2) This levy is applicable only to products complying with the provisions of Regulation (EEC) No 1725/80 (OJ No L 170, 3 . 7. 1980, p. 4). (a) 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 Regula­ tion (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 .