31986R1236

No L 112/ 16 29 . 4 . 86 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1236/ 86 of 28 April 1986 fixing the import levies on live cattle and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN COMMUNITIES , (a) 100 % where the market price is more than or equal to 98 % of the guide price ; Having regard to the Treaty establishing the European (b) 105 % where the market price is less than 98 % and Economic Community, more than or equal to 96 % of the guide price ;

Having regard to the Act of Accession of Spain and (c) 110 % where the market price is less than 96 % and Portugal, more than or equal to 90 % of the guide price ;

(d) 114 % where the market price is less than 90 % of Having regard to Council Regulation (EEC) No 805/68 of the guide price ; 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EEC) No 3768 /85 (2), and in particular Article 12 (8) thereof, Whereas pursuant to Article 10 (4) of Regulation (EEC) No 805/68 the basic levy on the meat specified in Having regard to the opinion of the Monetary Committee, sections (a), (c) and (d) of the Annex hereto is equal to the basic levy determined for bovine animals, multiplied by a Whereas under Article 9 of Regulation (EEC) No 805/68 standard coefficient fixed for each of the products in a levy is applicable to the products specified in Article 1 question ; whereas these coefficients are fixed by ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the Commission Regulation (EEC) No 586/77 of 18 March amount of the levy applicable by reference to a percen­ 1977 laying down rules for the application of levies on tage of the basic levy ; beef and veal and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Whereas in respect of bovine animals the basic levy is Regulation ( EEC) No 31 14/83 (4) ; determined on the basis of the difference between the guide price and the Community free-at-frontier offer Whereas the guide prices for adult bovine animals to be price plus the amount of the customs duty ; whereas the applied from 27 May 1985 were fixed by Council Regula­ Community free-at-frontier offer price is determined in tion (EEC) No 1308/85 of 23 May 1985 0, as last the light of the most representative purchasing possibili­ extended by Regulation (EEC) No 1 225/86 (6) ; ties, as regards quality and quantity, recorded over a certain period for bovine animals and for the fresh or chilled meat specified in section (a) of the Annex to the Whereas Regulation (EEC) No 586/77 stipulates that the said Regulation under subheadings 02.01 A II a) 1 to 3 , basic levy is to be calculated according to the method set account being taken in particular of the position with out in its Article 3 and on the basis of all the representa­ respect to supply and demand, of world market prices for tive free-at-frontier offer prices of the Community deter­ frozen meat of a category which is competitive with fresh mined for the products of each of the categories and cuts or chilled meat and of past experience ; specified in Article 2 and established principally by reference to the prices specified in the customs docu­ Whereas if it is found that the price of adult bovine ments accompanying products imported from third coun­ animals on representative Community markets is higher tries or from other information concerning export prices than the guide price, the levy applicable equals the follo­ obtaining in those third countries ; wing percentage of the basic levy :

(a) 75 % where the market price is less than or equal to Whereas, however, offer prices that do not correspond to 1 02 % of the guide price ; real purchasing possibilities or that relate to unrepresenta­ tive quantitities should not be taken into account ; (b) 50 % where the market price is more than 102 % and whereas offer prices should also be excluded when the less than or equal to 1 04 % of the guide price ; movement of prices in general or the information avai­ (c) 25 % where the market price is more than 104 % and lable suggests that they are unrepresentative of the true less than or equal to 106% of the guide price ; trend of prices in the country of origin ; (d) 0 % where the market price is more than 106 % of the guide price ; Whereas in cases where for one or more categories of bovine animals or cuts of meat a free-at-frontier offer Whereas if it is found that the price of adult bovine price cannot be established, the most recent available animals on representative Community markets is equal to price should be used for the calculation ; or less than the guide price, the levy applicable equals the following percentage of the basic levy : (») 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. 0 OJ No L 137, 27. 5. 1985, p . 16. 2 OJ No L 362, 31 . 12. 1985, p. 8 . (6 OJ No L 109 , 26 . 4 . 1986, p . 18 .

29 . 4 . 86 No L 112/ 17 Official Journal of the European Communities

Whereas if the free-at-frontier offer price differs by less of the United Kingdom shall be corrected by the amount than 0,60 ECU per 100 kilograms of live weight from that of the premium granted to producers under Regulation previously used for the calculation of the levy, the latter (EEC) No 1311 /85 (3) ; whereas the representative markets, price should be retained ; categories and qualities of products and weighting coeffi­ cients are fixed in Annex II to Commission Regulation (EEC) No 610/77 of 18 March 1977 on the determination Whereas pursuant to Article 10 (3) of Regulation (EEC) of prices of adult bovine animals on representative No 805/68 a special basic levy is determined for certain Community markets and the survey of prices of certain third countries on the basis of the difference between the other cattle in the Community (4), as last amended by guide price and the average price recorded over a certain Regulation (EEC) No 3815/85(0 ; period plus the amount of the customs duty ;

Whereas, for Member States with several representative Whereas Commission Regulation (EEC) No 611 /77 of 18 markets, the price of each category and quality is equal to March 1977 ('), as amended by Regulation (EEC) No the arithmetic mean of the prices recorded on each of 925/77 (2), provides that the special levy on products origi­ those markets ; whereas, for representative markets held nating in and coming from Austria, Sweden and Switzer­ several times in one period of seven days, the price of land should be determined on the basis of the weighted each category and quality is equal to the arithmetic mean average of the prices of adult bovine animals recorded on of the prices recorded on each market day ; whereas in the representative markets of those third countries ; respect of Italy the price of each category and quantity is whereas the weighting coefficients and representative equal to the average, weighted by the special weighting markets are specified in the Annexes to Regulation (EEC) coefficients fixed in Annex II to Regulation (EEC) No No 611 /77 ; 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price recorded in the surplus zone is equal to the arithmetic mean of the prices recorded on Whereas the average price is not to be used for calcula­ each of the markets within that zone ; whereas in respect ting the special levy unless it is at least 1,21 ECU per 100 of the United Kingdom the weighted average prices of kilograms of live weight more than the free-at-frontier adult bovine animals recorded on the representative offer price determined in accordance with Article 10 (2) of markets of Great Britain on the one hand and Northern Regulation (EEC) No 805/68 ; Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II ; Whereas if the average price differs by less than 0,60 ECU per 100 kilograms of live weight from that previously used to calculate the levy, the latter may be retained ; Whereas prices for the different categories and qualities not obtained from prices which are 'live weight excluding tax' are multiplied by the live weight conversion coeffi­ Whereas in cases where one or more of the abovemen­ cients fixed in Annex II to the said Regulation and, in the tioned third countries adopt, for reasons of health for case of Italy, are first increased or reduced by the correc­ example, measures affecting the prices recorded on their tive amounts fixed in the said Annex ; markets, the Commission may use the latest prices recorded before the entry into force of such measures ;

Whereas if one or more Member States, for veterinary or health reasons for example, adopt measures affecting the Whereas pursuant to Article 12 (6) of Regulation (EEC) normal trend of prices recorded on their markets the No 805/68 the price of adult bovine animals on represen­ Commission may disregard the prices recorded on the tative Community markets is th price established on the market or markets in question, or use the latest prices basis of prices recorded over a priod to be determined on recorded on the market or markets in question before the the representative market or markets of each Member entry into force of such measures ; State in respect of the various categories of adult bovine animals or of meat from such animals, after taking into account the size of each of these categories and the rela­ tive size of the bovine herd of each Member State ; Whereas, in the absence of information, prices recorded on representative Community markets are determined mainly by reference to the most recently recorded prices ; Whereas the prices of adult bovine animals recorded on the representative market or markets of each Member State are equal to the average, weighted by the appropriate Whereas for such period as the price of adult bovine coefficients, of the prices for the various qualities of adult animals recorded on representative Community markets bovine animals or meat of such animals over a period of differs by less then 0,24 ECU per 100 kilograms of live seven days in that Member State at a particular wholesale weight from the price previously used, the latter is marketing stage ; whereas, the price of adult bovine retained ; animals recorded on the representative market or markets

(3) OJ No L 137, 27. 5 . 1985, p. 20 . (') OJ No L 77, 25 . 3 . 1977, p . 14 . (4) OJ No L 77, 25 . 3 . 1977, p. 1 . 0 OJ No L 109, 30 . 4. 1977, p. 1 . 0 OJ No L 368 , 31 . 12. 1985, p. 11 .

No L 112/ 18 29 . 4. 86 Official Journal of the European Communities

Whereas the levies should be so fixed that the obligations of changes in the prices recorded on Community repre­ arising from international agreements concluded by the sentative markets ; Community continue to be fulfilled ; whereas, moreover, Whereas, if the levy system is to operate normally, levies account should be taken of Council Regulation (EEC) No should be calculated on the following basis : 314/83 of 24 January 1983 on the conclusion of the Cooperation Agreement between the European Economic — in the case of currencies which are maintained in rela­ Community and the Socialist Federal Republic of Yugos­ tion to each other at any given moment within a band lavia ('), of Council Regulation (EEC) No 287/82 of 3 of 2,25 % , a rate of exchange based on their central February 1982 establishing the arrangements applicable to rate, fmultiplied by of Article 3 ( 1 ) of Regulation imports of products originating in Yugoslavia to take (EEC) No 1676/85 (*), account of the accession of the Hellenic Republic to the — for other currencies, an exchange rate based on the Community (2), and of Council Regulation (EEC) No arithmetic mean of the spot market rates of each of 3349/81 of 24 November 1981 providing for a reduction these currencies recorded over a given period in rela­ in the levy applicable to imports into the Community of tion to the Community currencies referred to in the certain beef and veal products originating in and coming previous indent and the aforesaid coefficient, from Yugoslavia (3) ; Whereas Council Regulation (EEC) No 486/85 (4), last Whereas, having regard to the provisions of the aforemen­ amended by Regulation (EEC) No 692/86 (*), lays down tioned Regulation, and in particular to the information the arrangements applicable on agricultural products and and quotations known to the Commission, the levies on live cattle and beef and veal other than frozen meat certain goods resulting from the processing of agricultural should be as set out in the Annex hereto, products originating in the African, Caribbean and Pacific States or in the overseas countries and territories ;

Whereas the various cuts of beef and veal are defined in HAS ADOPTED THIS REGULATION : Regulation (EEC) No 586/77 ;

Whereas, pursuant to Article 33 (2) of Regulation (EEC) Article 1 No 805/68, the nomenclature provided for in this Regula­ tion 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 Annex hereto . Whereas the levies and special levies are fixed before the 27th day of each month and are applicable from the first Monday of the following month ; whereas these levies Article 2 may be altered in the period between two fixings where the basic levy or special basic levy is altered, or in the case This Regulation' shall enter into force on 5 May 1986.

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

Done at Brussels, 28 April 1986.

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 . (3) OJ No L 339 , 26 . 11 . 1981 , p. 1 . (4) OJ No L 61 , 1 . 3 . 1985, p . 4. 0 OJ No L 63, 5. 3 . 1986. (*) OJ No L 164, 24. 6. 1985, p. 1 .

29 . 4 . 86 Official Journal of the European Communities No L 112/ 19

ANNEX

to the Commission Regulation of 28 April 1986 fixing the import levies on live cattle and on beef and veal other than frozen for the period beginning 5 May 1986

(ECU/100 kg)

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

— Live weight —

01.02 All (a) 53,210 33,353 121,319

— Net weight —

02.01 Alia) 1 101,099 63,370 230,506 02.01 A II a) 2 80,879 50,697 184,404 02.01 A II a) 3 121,319 76,045 276,607 02.01 A II a) 4 aa) 95,055 345,759 02.01 All a) 4 bb) 108,731 395,499 02.06 C I a) 1 95,055 345,759 02.06 C I a) 2 108,731 395,499 16.02 B III b) 1 aa) 108,731 395,499

(') 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 nad 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 .