31985R0855

30 . 3 . 85 Official Journal of the European Communities No L 91 / 69

COMMISSION REGULATION (EEC) No 855/85

of 28 March 1985

fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN (a) 75 % where the market price is less than or equal COMMUNITIES, to 1 02 % of the guide price ; (b) 50 % where the market price is more than 102 % Having regard to the Treaty establishing the European and less than or equal to 104 % of the guide Economic Community, price ; Having regard to Council Regulation (EEC) No 805/68 (c) 25 % where the market price is more than 1 04 % of 27 June 1968 on the common organization of the and less than 106% of the guide price ; market in beef and veal ('), as last amended by the Act (d) 0 % where the market price is more than 106 % / of Accession of Greece (2), and in particular Article 1 2 of the guide price ; (8) thereof, Whereas, if it is found that the price of adult bovine Having regard to the opinion of the Monetary animals on representative Community markets is Committee, equal to or less than the guide price, the levy appli­ cable equals the following percentage of the basic Whereas under Article 9 of Regulation (EEC) No levy : 805/68 a levy is applicable to the products specified in (a) 100 % where the market price is more than or Article 1 (1 ) (a) of that Regulation ; whereas Article 12 equal to 98 % of the guide price ; fixes the amount of the levy applicable by reference to a percentage of the basic levy ; (b) 105 % where the market price is less than 98 % and more than or equal to 96 % of the guide Whereas, in respect of the types of frozen meat listed price ; in section (b) of the Annex to the said Regulation (c) 110 % where the market price is Jess than 96 % under subheading 02.01 A II b) 1 , the basic levy is and more than or equal to 90 % of the guide determined on the basis of the difference between : price ; — the guide price multiplied by a coefficient repre­ (d) 114 % where the market price is less than 90 % of senting the ratio existing in the Community the guide price ; between the price of fresh meat of a category Whereas the guide prices for adult bovine animals to competitive with the frozen meat in question, be applied from 2 April 1984 have been fixed by presented in the same form, and the average price Council Regulation (EEC) No 868/84 of 31 March of adult bovine animals, and 1984 (*), extended by Regulation (EEC) No 822/85 (*) ; — the Community free-at-frontier offer price for Whereas the Community free-at-frontier offer price for frozen meat, plus the amount of the customs duty frozen meat is determined by reference to the world and a standard amount representing the specific market price based on the most representative purcha­ costs of the import operations ; sing possibilities, as regards quality and quantity, Whereas, by Commission Regulation (EEC) No recorded over a certain period preceding the fixing of 586/77 of 18 March 1977 laying down rules for the the basic levy, taking into account in particular : application of the levies on beef and veal and amen­ — foreseeable developments on the market in frozen ding Regulation (EEC) No 950/68 on the Common meat, Customs Tariff (3), as last amended by Regulation — the most representative prices on third country (EEC) No 31 14/83 (4), the abovementioned coefficient, markets for fresh and chilled meat of a category calculated in accordance with the rules laid down in which is competitive with frozen meat, Article 11 (2) (a) of Regulation (EEC) No 805/68, has been fixed at 1-69 units of account and the standard — past experience ; amount referred to in Article 11 (2) (b) of the said Whereas the basic levy on the types of frozen meat Regulation has been fixed at 6,65 ECU ; listed in section (b) of the Annex to Regulation (EEC) No 805/68 under subheadings 02.01 A II b) 2 to 4 is Whereas, if it is found that the price of adult bovine equal to the basic levy fixed for the product falling animals on representative Community markets is within subheading 02.01 A II b) 1 , multiplied by a higher than the guide price, the levy applicable equals standard coefficient fixed for each of the products in the following percentage of the basic levy : question ; whereas these coefficients were fixed in Annex II to Regulation (EEC) No 586/77 ; (') OJ No L 148 , 28 . 6. 1968, p. 24. (2) OJ No L 291 , 29 . 11 . 1979, p. 17. (3) OJ No L 75, 23. 3. 1977, p. 10. 0 OJ No L 90, 1 . 4. 1984, p. 30 . (4) OJ No L 303, 5. 11 . 1983, p. 16. (6) See page 3 of this Official Journal.

No L 91 /70 30 . 3 . 85 Official Journal of the European Communities

Whereas, for the purpose of fixing the free-at-frontier the surplus and deficit zones ; whereas the price offer prices, offer prices that do not correspond to real recorded in the surplus zone is equal to the arithmetic purchasing possibilities or that relate to unrepresenta­ mean of the prices recorded on each of the markets tive quantities should not be taken into account ; within that zone ; whereas in respect of the United whereas offer prices should also be excluded when the Kingdom the weighted average prices of adult bovine movement of prices in general or the information animals recorded on the representative markets of available gives reason to believe that they are unrepre­ Great Britain on the one hand and Northern Ireland sentative of the true trend of prices in the country of on the other are adjusted by the coefficient fixed in origin ; the abovementioned Annex II ;

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

State ; Whereas, in the absence of information, prices recorded on representative Community markets are Whereas the prices of adult bovine animals recorded determined mainly by reference to the most recently on the representative market or markets of each recorded prices ; Member State are equal to the average, weighted by the relevant coefficients, of the prices for the various Whereas, for such period as the price of adult bovine qualities of adult bovine animals or meat of such animals recorded on representative Community animals over a period of seven days in that Member markets differs by less than 0,24 ECU per 100 kilo­ State at a particular wholesale marketing stage ; grams of live weight from the price previously used, whereas, for the 1984/85 marketing year, the price of the latter is retained ; adult bovine animals recorded on the representative market or markets of the United Kingdom shall be Whereas the levies must be so fixed that obligations corrected by the amount of the premium granted to arising from international agreements concluded by producers under Regulation (EEC) No 1063/84 ('); the Community continue to be fulfilled ; whereas the representative markets, categories and Whereas Council Regulation (EEC) No 486/85 (4) lays qualities of products and weighting coefficients are down the arrangements applicable on agricultural fixed in Annex II to Commission Regulation (EEC) products and certain goods resulting from the proces­ No 610/77 of 18 March 1977 on the determination of sing of agricultural products originating in the African, prices of adult bovine animals on representative Caribbean and Pacific States or in the overseas coun­ Community markets and the survey of prices of tries and territories ; certain other cattle in the Community (2), as last amended by Regulation (EEC) No 2019/84 (3) ; Whereas the various cuts of frozen meat are defined in Regulation (EEC) No 586/77 ; Whereas, for Member States with several representative markets, the price of each category and quality is equal Whereas, pursuant to Article 33 (2) of Regulation to the arithmetic mean of the prices recorded on each (EEC) No 805/68, the nomenclature provided for in of those markets ; for representative markets held this Regulation is incorporated in the Common several times in one period of seven days, the price of Customs Tariff ; each category and quality is equal to the arithmetic Whereas the levies are fixed before the 27th day of mean of the prices recorded on each market day ; each month and are applicable from the first Monday whereas in respect of Italy the price of each category of the following month ; whereas these levies may be and quality is equal to the average, weighted by the altered in the period between two fixings where the special weighting coefficients fixed in Annex II to basic levy is altered, or in these case of changes in the Regulation (EEC) No 610/77, of the prices recorded in prices recorded on Community representative markets ; (') OJ No L 105, 18 . 4. 1984, p. 1 . (2) OJ No L 77, 25. 3 . 1977, p. 1 . (3) OJ No L 187, 14. 7. 1984, p. 48 O OJ No L 61 , 1 . 3 . 1985, p. 4.

30 . 3 . 85 Official Journal of the European Communities No L 91 /71

Whereas, if the levy system is to operate normally, mation and quotations known to the Commission, the levies should be calculated on the following basis : levies on frozen beef and veal should be as set out in the Annex hereto, — in the case of currencies which are maintained in relation to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient HAS ADOPTED THIS REGULATION : provided for in Article 2b (2) of Council Regula­ tion (EEC) No 974/71 ('), as last amended by Regu­ lation (EEC) No 855/84 (2), Article 1 — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded over a given period in The import levies on frozen beef and veal shall be as set out in the Annex hereto. relation to the Community currencies referred to in the previous indent and the aforesaid coeffi­ cient ; Article 2 Whereas, having regard to the provisions of the afore­ mentioned Regulations, and in particular to the infor­ 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 106, 12. 5. 1971 , p. 1 . 2 OJ No L 90, 1 . 4. 1984, p. 1 .

No L 91 /72 Official Journal of the European Communities 30 . 3 . 85

ANNEX

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

(ECU / 100 kg)

CCT heading No Levy

— Net weight —

02.01 A II b) 1 190,419 02.01 A II b) 2 152.335(a) 02.01 A II b) 3 238,024 02.01 A II b) 4 aa) 285,628 02.01 A lib) 4 bb) 11 238,024 (a) 02.01 A II b) 4 bb) 22 (b) 238,024 (a) 02.01 A lib) 4 bb) 33 327,520 (a)

(') 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 . (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 authorities of the European Communities.