31987R3958

No L 371 /24 Official Journal of the European Communities 30 . 12 . 87

COMMISSION REGULATION (EEC) No 3958/87 of 23 December 1987 fixing the import levies on live cattle and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (d) 0 % where the market price is more than 106 % of the guide price ; . ^

Having regard to the Treaty establishing the European Economic Community, Whereas if it is found that the price of adult bovine animals on representative Community markets is equal to Having regard to the Act of Accession of Spain and or less than the guide price, the levy applicable equals the Portugal, following percentage of the basic levy :

Having regard to Council Regulation (EEC) No 805/68 of (a) 100 % where the market price is more than or equal 27 June 1968 on the common organization of the market to 98 % of the guide price ; in beef and veal ('), as last amended by Regulation (EEC) No 3905/87 (2), and in particular Article 12 (8) thereof, (b) 105 % where the market price is less than 98 % and more than or equal to 96 % of the guide price ; Having regard to the opinion of the Monetary Committee, (c) 110 % where the market price is less than 96 % and more than or equal to 90 % of the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 (d) 114 % where the market price is less than 90 % of a levy is applicable to the products specified in Article 1 the guide price ; ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percen­ tage of the basic levy ; Whereas pursuant to Article 10 (4) of Regulation (EEC) No 805/68 the basic levy on the meat specified in Whereas in respect of bovine animals the basic levy is determined on the basis of the difference between the sections (a), (c) and (d) of the Annex hereto is equal to the basic levy determined for bovine animals, multiplied by a guide price and the Community free-at-frontier offer standard coefficient fixed for each of the products in price plus the amount of the customs duty ; whereas the question ; whereas these coefficients are t fixed by Community free-at-frontier offer price is determined in Commission Regulation (EEC) No 586/77 of 18 March the light of the most representative purchasing possibili­ 1977 laying down rules for the application of levies on ties, as regards quality and quantity, recorded over a beef and veal and amending Regulation (EEC) No 950/68 certain period for bovine animals and for the fresh or on the Common Customs Tariff (3), as last amended by chilled meat specified in section (a) of the Annex to the Regulation (EEC) No 31 1 /83 (4) ; said Regulation under subheadings 0201 10 10, 0201 10 90, 0201 20 11 and 0201 20 19 , account being taken in particular of the position with respect to supply and demand, of world market prices for frozen meat of a Whereas the guide prices for adult bovine animals to be category which is competitive with fresh or chilled meat applied from 6 July 1987 were fixed by Council Regula­ and of past experience ; tion (EEC) No 1891 /870 ;

Whereas if it is found that the price of adult bovine animals on representative Community markets is higher Whereas Regulation (EEC) No 586/77 stipulates that the than the guide price, the levy applicable equals the follo­ basic levy is to be calculated according to the method set wing percentage of the basic levy : out in its Article 3 and on the basis of all the representa­ tive free-at-frontier offer prices of the Community deter­ (a) 75 % where the market price is less than or equal to mined for the products of each of the categories and cuts 102 % of the guide price ; specified in Article 2 and established principally by reference to the prices specified in the customs docu­ (b) 50 % where the market price is more than 102 % and ments accompanying products imported from third coun­ less than or equal to 104 % of the guide price ; tries or from other information concerning export prices (c) 25 % where the market price is more than 104 % and obtaining in those third countries ; less than or equal to 106 % 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 303, 5. 11 . 1983, p. 16. 0 OJ No L 370, 30 . 12. 1987. 0 OJ No L 182, 3 . 7. 1987.

30 . 12. 87 Official Journal of the European Communities No L 371 /25

Whereas, however, offer prices that do not correspond to the representative market or markets of each Member real purchasing possibilities or that relate to unrepresenta­ State in respect of the various categories of adult bovine tive quantitities should not be taken into account ; animals or of meat from such animals, after taking into whereas offer prices should also be excluded when the account the size of each of these categories and the rela­ movement of prices in general or the information avai­ tive size of the bovine herd of each Member State ; lable suggests that they are unrepresentative of the true trend of prices in the country of origin ;

Whereas in cases where for one or more categories of Whereas the prices of adult bovine animals recorded on bovine animals or cuts of meat a free-at-frontier offer the representative market or markets of each Member price cannot be established, the most recent available State are equal to the average, weighted by the appropriate price should be used for the calculation ; coefficients, of the prices for the various qualities of adult bovine animals or meat of such animals over a period of seven days in that Member State at a particular wholesale Whereas if the free-at-frontier offer price differs by less marketing stage ; whereas, the price of adult bovine than 0,60 ECU per 100 kilograms of live weight from that animals recorded on the representative market or markets previously used for the calculation of the levy, the latter of the United Kingdom shall be corrected by the amount price should be retained ; of the premium granted to producers under Regulation (EEC) No 1347/86 (3), as last amended by Regulation (EEC) No 467/87 (4) ; whereas the representative markets, Whereas pursuant to Article 10 (3) of Regulation (EEC) categories and qualities of products and weighting coeffi­ No 805/68 a special basic levy is determined for certain cients are fixed in Annex II to Commission Regulation third countries on the basis of the difference between the (EEC) No 610/77 of 18 March 1977 on the determination guide price and the average price recorded over a certain of prices of adult bovine animals on representative period plus the amount of the customs duty ; Community markets and the survey of prices of certain other cattle in the Community ^, as last amended by Regulation (EEC) No 3003/87 16); Whereas Commission Regulation (EEC) No 611 /77 of 18 March 1977 ('), as amended by Regulation (EEC) No 925/77 (2), provides that the special levy on products origi­ nating in and coming from Austria, Sweden and Switzer­ land should be determined on the basis of the weighted Whereas, for Member States with several representative average of the prices of adult bovine animals recorded on markets, the price of each category and quality is equal to the representative markets of those third countries ; the arithmetic mean of the prices recorded on each of whereas the weighting coefficients and representative those markets ; whereas, for representative markets held markets are specified in the Annexes to Regulation (EEC) several times in one period of seven days, the price of No 611 /77 ; each category and quality is equal to the arithmetic mean of the prices recorded on each market day ; whereas in respect of Italy the price of each category and quantity is Whereas the average price is not to be used for calcula­ equal to the average, weighted by the special weighting ting the special levy unless it is at least 1,21 ECU per 100 coefficients fixed in Annex II to Regulation (EEC) No kilograms of live weight more than the free-at-frontier 610/77, of the prices recorded in the surplus and deficit offer price determined in accordance with Article 1 0 (2) of zones ; whereas the price recorded in the surplus zone is Regulation (EEC) No 805/68 ; equal to the arithmetic mean of the prices recorded on each of the markets within that zone ; whereas in respect of the United Kingdom the weighted average prices of Whereas if the average price differs by less than 0,60 ECU adult bovine animals recorded on the representative per 100 kilograms of live weight from that previously markets of Great Britain on the one hand and Northern used to calculate the levy, the latter may be retained ; Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II : Whereas in cases where one or more of the abovemen­ tioned third countries adopt, for reasons of health for example, measures affecting the prices recorded on their markets, the Commission may use the latest prices Whereas prices for the different categories and qualities recorded before the entry into force of such measures ; not obtained from prices which are 'live weight excluding tax' are multiplied by the live weight conversion coeffi­ cients fixed in Annex II to the said Regulation and, in the Whereas pursuant to Article 12 (6) of Regulation (EEC) case of Italy, are first increased or reduced by the correc­ No 805/68 the price of adult bovine animals on represen­ tive amounts fixed in the said Annex ; tative Community markets is the price established on the basis of prices recorded over a period to be determined on (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. 0 OJ No L 77, 25. 3 . 1977, p. 1 . 0 OJ No L 109, 30 . 4. 1977, p . 1 . (*) OJ No L 285, 8 . 10 . 1987, p. 11

No L 371 /26 " 30 . 12 . 87 Official Journal of the European Communities

Whereas if one or more Member States, for veterinary or Monday of the following month ; whereas these levies health reasons for example, adopt measures affecting the may be altered in the period between two fixings where normal trend of prices recorded on their markets the the basic levy or special basic levy is altered, or in the case Commission may disregard the prices recorded on the of changes in the prices recorded on Community repre­ market or markets in question, or use the latest prices sentative markets ; recorded on the market or markets in question before the entry into force of such measures ; 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 Whereas, in the absence of information, prices recorded from 1 January 1988 , a new combined nomenclature on representative Community markets are determined which meets the requirements of both the Common mainly by reference to the most recently recorded prices ; customs Tariff and the Community's statistics on foreign trade and which replaces the existing nomenclature ;

Whereas for such period as the price of adult bovine animals recorded on representative Community markets Whereas, if the levy system is to operate normally, levies differs by less then 0,24 ECU per 100 kilograms of live should be calculated on the following basis : weight from the price previously used, the latter is retained ; — 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 Whereas the levies should be so fixed that the obligations rate, multiplied by the coefficient provided for in the arising from international agreements concluded by the last paragraph of Article 3 (1 ) of Council Regulation Community continue to be fulfilled ; whereas, moreover, (EEC) No 1 676/85 Q, as last amended by Regulation account should be taken of Council Regulation (EEC) No (EEC) No 1 636/87 (8), 314/83 of 24 January 1983 on the conclusion of the — for other currencies, an exchange rate based on the Cooperation Agreement between the European Economic arithmetic mean of the spot market rates of each of Community and the Socialist Federal Republic of Yugos­ these currencies recorded over a given period in rela­ lavia ('), of Council Regulation (EEC) No 287/82 of 3 tion to the Community currencies referred to in the February 1982 establishing the arrangements applicable to previous indent and the aforesaid coefficient, imports of products originating in Yugoslavia to take account of the accession of the Hellenic Republic to the Community (2), and of Council Regulation (EEC) No Whereas, having regard to the provisions of the aforemen­ 3349/81 of 24 November 1981 providing for a reduction tioned Regulation, and in particular to the information in the levy applicable to imports into the Community of and quotations known to the Commission, the levies on certain beef and veal products originating in and coming live cattle and beef and veal other than frozen meat from Yugoslavia (3) ; should be as set out in the Annex hereto,

Whereas Council Regulation (EEC) No 486/85 (4), last amended by Regulation (EEC) No 1821 /87 (*), lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural HAS ADOPTED THIS REGULATION : 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 Article 1 Regulation (EEC) No 586/77 ; The import levies on live cattle and beef and veal other than frozen meat shall be as set out in the Annex to the Whereas, pursuant to Article 33 (2) of Regulation (EEC) present Regulation. No 805/68, the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ;

Article 2 Whereas the levies and special levies are fixed before the 27th day of each month and are applicable from the first This Regulation shall enter into force on 4 January 1988 . (') OJ No L 41 , 14. 2. 1983, p. 1 . 0 OJ No L 30, 6. 2. 1982, p. 1 . (3) OJ No L 339, 26. 11 . 1981 , p. 1 . (6) OJ No L 256, 7. 9 . 1987, p. 1 . 4) OJ No L 61 , 1 . 3 . 1985, p. 4. f) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 172, 30 . 6. 1987, p. 102. (8) OJ No L 153, 13 . 6. 1987, p. 1 .

30. 12. 87 Official Journal of the European Communities ' No L 371 /27

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

Done at Brussels, 23 December 1987 . For the Commission Frans ANDRIESSEN Vice-President

No L 371 /28 Official Journal of the European Communities 30 . 12. 87

ANNEX

to the Commission Regulation of 23 December 1987 fixing the import levies on live Cattle and on beef and veal other than frozen (')

(ECU/100 kg)

Austria/Sweden/ Other third countries CN code Yugoslavia (2) Switzerland

Live weight

0102 90 10 57,560 30,171 131,237 0102 90 31 57,560 30,171 131,237 0102 90 33 57,560 30,171 131,237 0102 90 35 57,560 30,171 131,237 0102 90 37 57,560 30,171 131,237

Net weight

0201 10 10 109,364 57,325 249,350 0201 10 90 109,364 57,325 249,350 0201 20 11 109,364 57,325 249,350 0201 20 19 109,364 57,325 249,350 0201 20 31 87,491 45,860 199,479 0201 20 39 87,491 45,860 199,479 0201 20 51 131,237 '68,790 299,220 0201 20 59 131,237 68,790 299,220 0201 20 90 85,988 374,025 0201 30 98,358 427,832 0206 10 95 98,358 427,832 0210 20 10 85,988 374,025 0210 20 90 98,358 427,832 0210 90 41 98,358 427,832 0210 90 90 98,358 427,832 1602 50 10 98,358 427,832 1602 90 61 98,358 427,832

(') 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).