31987R3554

27 . 11 , 87 Official Journal of the European Communities No L 337/49

COMMISSION REGULATION (EEC) No 3554/ 87 of 26 November 1987 fixing the import levies on live cattle and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN COMMUNITIES, or less than the guide price, the levy applicable equals the following percentage of the basic 4evy : Having regard to the Treaty establishing the European Economic Community, (a) 100 % where the market price is more than or equal to 98 % of the guide price ; Having regard to the Act of Accession of Spain and (b) 105 % where the market price is less than 98 % and Portugal, more than or equal to 96 % of the guide price ; (c) 110 % where the market price is less than 96 % and Having regard to Council Regulation (EEC) No 805/68 of more than or equal to 90 % of the guide price ; 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EEC) (d) 114 % where the market price is less than 90 % of the guide price ; No 467/87 (2), and in particular Article 12 (8) thereof,

Having regard to the opinion of the Monetary Committee, Whereas pursuant to Article 10 (4) of Regulation (EEC) No 805/68 the basic levy on the meat specified in sections (a), (c) and (d) of the Annex hereto is equal to the Whereas under Article 9 of Regulation (EEC) No 805/68 basic levy determined for bovine animals, multiplied by a a levy is applicable to the products specified in Article 1 standard coefficient fixed for each of the products in ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the question ; whereas these coefficients are fixed by amount of the levy applicable by reference to a percen­ Commission Regulation (EEC) No 586/77 of 18 March tage of the basic levy ; 1977 laying down rules for the application of levies on beef and veal and amending Regulation (EEC) No 950/68 Whereas in respect of bovine animals the basic levy is on the Common Customs Tariff (3), as last amended by determined on the basis of the difference between the Regulation (EEC) No 31 1 /83 (4) ; guide price and ' the Community free-at-frontier offer price plus the amount of the customs duty ; whereas the Whereas the guide prices for adult bovine animals to be Community free-at-frontier offer price is determined in applied from 6 July 1987 were fixed by Council Regula­ the light of the most representative purchasing possibili­ tion (EEC) No 1891 /870 ; 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 reference1 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 : Whereas, however, offer prices that do not correspond to (a) 75 % where the market price is less than or equal to real purchasing possibilities or that relate to unrepresenta­ 102 % of the guide price ; 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 104% of the guide price ; movement of prices in general or the information avai­ lable suggests that they are unrepresentative of the true (c) 25 % where the market price is more than 104 % and trend of prices in the country of origin ; less than or equal to 106 % of the guide price ; (d) 0 % where the market price is more than 106 % of Whereas in cases where for one or more categories of the guide price ; bovine animals or cuts of meat a free-at-frontier offer price cannot be established, the most recent available Whereas if it is found that the price of adult bovine price should be used for the calculation ; animals on representative Community markets is equal to

(3) OJ No L 75, 23 . 3 . 1977, p. 10 . (') OJ No L 148 , 28 . 6. 1968 , p. 24. (4) OJ No L 303 , 5. 11 . 1983, p. 16. (2 OJ No L 48 , 17. 2. 1987, p . 1 . 0 OJ No L 182, 3 . 7. 1987.

No L 337/ 50 Official Journal of the European Communities 27 . 11 . 87

Whereas if the free-at-frontier offer price differs by less of the premium granted to producers under Regulation than 0,60 ECU per 100 kilograms of live weight from that (EEC) No 1347/86. (3), as last amended by Regulation previously used for the calculation of the levy, the latter (EEC) No 467/87 (4) ; 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 (*), as last ameaded by guide price and the average price recorded over a certain . Regulation (EEC) No 3003/87 (*) ; period plus the amount of the customs duty ;

Whereas , for Member States with several representative Whereas Commission Regulation (EEC) No £11 /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) No 61 1 /77 ; coefficients fixed in Annex II to Regulation (EEC) No 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price recorded in the surplus zone is Whereas the average price is not to be used for calcula­ equal to the arithmetic mean of the prices recorded on ting the special levy unless it is at least 1,21 ECU per 100 . each of the markets within that zone ; whereas in respect kilograms of live weight more than the free-at-frontier of the United Kingdom the weighted average prices of offer price determined in accordance with Article 10 (2) of adult bovine animals recorded on the representative Regulation (EEC) No 805/ 68 ; markets of Great Britain on" the one hand and Northern 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 Whereas in cases where one or more of the abovemen­ tax' are multiplied by the live weight conversion coeffi­ 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 Whereas pursuant to Article 12 (6) of Regulation (EEC) health reasons for example, adopt measures affecting the No 805/ 68 the price of adult bovine animals on represen­ normal trend of prices recorded on their markets the tative Community markets is the price established on the Commission may disregard the prices recorded on the basis of prices recorded over a period to be determined on market or markets in question , or use the latest prices the representative market or markets of each Member recorded on the market or markets in question before the State in respect of the various categories of adult bovine entry into force of such measures ; 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 of the United Kingdom shall be corrected by the amount (3) OJ No L 119 , 8 . 5 . 1986, p. 40 . (4) OJ No L 48 , 17. 2. 1987, 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 . 6) OJ No L 285, 8 . 10 . 1987, p . 11

27 . 11 . 87 Official Journal of the European Communities No L 337/ 51

Whereas the levies should be so fixed that the obligations customs Tariff and the Community s statistics on foreign arising from international agreements concluded by the trade and which replaces the existing nomenclature ; Community continue to be fulfilled ; whereas, moreover, whereas the entry into force of the combined nomencla­ account should be taken of Council Regulation (EEC) No ture will entail an amendment to Regulation (EEC) No 314/83 of 24 January 1983 on the conclusion of the 805/68 and, therefore, to the list of products for which Cooperation Agreement between the European Economic levies are set ; whereas in some case the amounts from 1 Community and the Socialist Federal Republic of Yugos­ January 1988 cannaot, therefore, be determined at this lavia ('), of Council Regulation (EEC) No 287/82 of 3 stage ; whereas accordingly, this fixing should, excep­ February 1982 establishing the arrangements applicable to tionaly, apply until 31 December 1987 only, the amounts imports of products originating in Yugoslavia to take from 1 January 1988 being set at a later stage ; account of the accession of the Hellenic Republic to the Community (2), and of Council Regulation (EEC) No 3349/ 81 of 24 November 1981 providing for a reduction Whereas, if the levy system is to operate normally, levies in the levy applicable to imports into the Community of should be calculated on the following basis : certain beef and veal products originating in and coming from Yugoslavia (3) ; — in the case of currencies which are maintained in rela­ tion 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 provided for in the last paragraph of Article 3 ( 1 ) of Council Regulation Whereas Council Regulation (EEC) No 486/85 (4), last (EEC) No 1676 /85 Q, as last amended by Regulation amended by Regulation (EEC) No 1 82 1 /87 (5), lays down (EEC) No 1 636/ 87 (8), the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural — for other currencies, an exchange rate based on the products originating in the African , Caribbean and Pacific arithmetic mean of the spot market rates of each of States or in the overseas countries and territories ; these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the previous indent and the aforesaid coefficient,

Whereas the various cuts of beef and veal are defined in Whereas, having regard to the provisions of the aforemen­ Regulation (EEC) No 586/77 ; tioned Regulation ,- and in particular to the information and quotations known to the Commission, the levies on live cattle and beef and veaF other than frozen meat should be as set out in the Annex hereto, Whereas, pursuant to Article 33 (2) of Regulation (EEC) No 805/68 , the nomenclature provided for in this Regula­ tion is incorporated in the Common Customs Tariff ;

HAS ADOPTED THIS REGULATION : 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 may be altered in -the period between two fixings where Article 1 the basic levy or special basic levy is altered, or in the case of changes in the prices recorded on Community repre­ sentative markets : The import levies on live cattle and beef and veal other than frozen meat shall be as set out in the Annex to the present Regulation from 7 to 31 December 1987 .

Whereas Council Regulation (EEC) No 2658 /87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (*) introduces , with effect from 1 Januarys 1988 , a new 'combined nomenclature' Article 2 which meets the requirements of both the Common

(■) OJ No L 41 , 14. 2. 1983 , p. 1 . This Regulation shall enter into force on 7 December (2) OJ No L 30, 6 . 2. 1982, p. 1 . 1987 . (3) OJ No L 339, 26. 11 . 1981 , p. 1 . (4) OJ No L 61 , 1 . 3 . 1985, p. 4. O OJ No L 172, 30 . 6 . 1987, p. 102. 0 OJ No L 164, 24. 6 . 1985, p. 1 . O OJ No L 256, 7 . 9 . 1987, p. 1 . 8) OJ No L 153 , 13 . 6 . 1987, p . 1 .

No L 337 / 52 Official Journal of the European Communities 27 . 11 . 87

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

Done at Brussels, 26 November 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 26 November 1987 fixing the import levies on live cattle and on beef and veal other than frozen 0)

(ECU/100 kg)

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

Live weight —

01.02 A II (a), , .... 53,790 30,171 122,641

— Net weight —

02.01 A II a) 1 102,201 57,325 233,018 02.01 A II a) 2 81,761 45,860 186,415 02.01 A II a) 3 122,641 68,790 279,621 02.01 A II a) 4 aa) 85,988 349,527 02.01 A II a) 4 bb) 98,358 399,811 02.06 C I a) 1 85,988 349,527 02.06 C I a) 2 98,358 399,811 16.02 Bill b) 1 aa) 98,358 399,811

(') 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 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 put in Article 13 of Council Regulation (EEC) No 805/68 , and in the provisions adopted for its application, is totally or partially suspended in accordance with those provisions.