31987R3959

30 . 12 . 87 Official Journal of the European Communities No L 371 /29

COMMISSION REGULATION (EEC) No 3959/87 of 23 December 1987 fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (a) 75 % where the market price is less than or equal to 102 % of the guide price ; Having regard to the Treaty establishing the European (b) 50 % where the market price is more than 102 % and Economic Community, less than or equal to 1 04 % of the guide price ; (c) 25 % where the market price is more than 104 % and Having regard to the Act of Accession of Spain and less than 106% of the guide price ; Portugal, (d) 0 % where the market price is more than 106 % 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) Whereas, if it is found that the price of adult bovine No 3905/87 (2), and in particular Article 12 (8) thereof, animals on representative Community markets is equal to or less than the guide price, the levy applicable equals the Having regard to the opinion of the Monetary Committee, following percentage of the basic levy :

Whereas under Article 9 of Regulation (EEC) No 805/68 (a) 100 % where the market price is more than or equal a levy is applicable to the products specified in Article 1 to 98 % of the guide price ; ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percen­ (b) 105 % where the market price is less than 98 % and tage of the basic levy ; more than or equal to 96 % of the guide price ; (c) 110 % where the market price is less than 96 % and Whereas, in respect of the types of frozen meat listed in more than or equal to 90 % of the guide price ; section (b) of the Annex to the said Regulation under subheadings 0202 10 00 and 0202 20 10, the basic levy is (d) 114 % where the market price is less than 90 % of determined on the basis of the difference between : the guide price ;

— the guide price multiplied by a coefficient represen­ Whereas the guide prices for adult bovine animals to be ting the ratio existing in the Community between the applied from 6 July 1987 have been fixed by Council price of fresh meat of a category competitive with the Regulation (EEC) No 1891 /87 (5) ; frozen meat in question, presented in the same form, and the average price of adult bovine animals, and — the Community free-at-frontier offer price for frozen Whereas the Community free-at-frontier offer price for meat, plus the amount of the customs duty and a stan­ frozen meat is determined by reference to the world dard amount representing the specific costs of the market price based on the most representative purchasing import operations ; possibilities, as regards quality and quantity, recorded over a certain period preceding the fixing of the basic levy, taking into account in particular : Whereas, by Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the application of — foreseeable developments on the market in frozen the levies on beef and veal and amending Regulation meat, (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 31 14/83 (4), the — the most representative prices on third country abovementioned coefficient, calculated in accordance with markets for fresh and chilled meat of a category which the rules laid down in Article 1 1 (2) (a) of Regulation is competitive with frozen meat, (EEC) No 805/68, has been fixed at 1-69 units of account and the standard amount referred to in Article 11 (2) (b) — past experience ; of the said Regulation has been fixed at 6,65 ECU ; Whereas the basic levy on the types of frozen meat listed Whereas, if it is found that the price of adult bovine in section (b) of the Annex to Regulation (EEC) No animals on representative Community markets is higher 805/68 under subheadings 0202 20 50, 0202 20 90, than the guide price, the levy applicable equals the follo­ 0202 30 10, 0202 30 50 and 0202 30 90 is equal to the wing percentage of the basic levy : basic levy fixed for the products falling within subhea­ dings 0202 1000 and 0202 20 10, multiplied by a stan­ (1 ) OJ No L 148 , 28 . 6. 1968 , p. 24. dard coefficient fixed for each of the products in ques (*) OJ No L 370, 30 . 12. 1987. (3) OJ No L 75, 23 . 3 . 1977, p. 10 . h) OJ No L 303, 5. 11 . 1983, p. 16. 0 OJ No L 182, 3 . 7. 1987.

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

tion ; whereas these coefficients were fixed in Annex II to times in one period of seven days, the price of each cate­ Regulation (EEC) No 586/77 ; gory 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 quality is equal to the average, weighted by the special weighting coefficients Whereas, for the purpose of fixing the free-at-frontier fixed in Annex II to Regulation (EEC) No 610/77, of the offer prices, offer prices that do not correspond to real prices recorded in the surplus and deficit zones ; whereas purchasing possibilities or that relate to unrepresentative the price recorded in the surplus zone is equal to the quantities should not be taken into account ; whereas arithmetic mean of the prices recorded on each of the offer prices should also be excluded when the movement markets within that zone ; whereas in respect of the of prices in general or the information available gives United Kingdom the weighted average prices of adult reason to believe that they are unrepresentative of the true bovine animals recorded on the representative markets of trend of prices in the country of origin ; Great Britain on the one hand and Northern Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II : Whereas, where the free-at-frontier offer price for frozen meat differs by less than one unit of account per 100 kilo­ Whereas prices for the different categories and qualities grams from that previously used for the calculation of the not obtained from prices which are 'live weight excluding levy, the latter price should be retained ; tax', are multiplied by the live weight conversion coeffi­ cients fixed in Annex II to the said Regulation and, in the case of Italy, are first increased or reduced by the correc­ tive amounts fixed in the said Annex : Whereas pursuant to Article 12 (6) of Regulation (EEC) No 805/68 the price of adult bovine animals on represen­ tative Community markets is the price established on the basis of prices recorded over a period to be determined on Whereas if one or more Member States, for veterinary or the representative market or markets of each Member health reasons for example, adopt measures affecting the State for the various categories of adult bovine animals or normal trend of prices recorded on their markets, the of meat from such animals, taking into account the size of Commission may disregard the prices recorded on the each of these categories and the relative size of the bovine market or markets in question, or use the latest prices herd of each Member State : recorded on the market or markets in question before the entry into force of such measures ;

Whereas the prices of adult bovine animals recorded on Whereas, in the absence of information, prices recorded the representative market or markets of each Member on representative Community markets are determined State are equal to the average, weighted by the relevant mainly by reference to the most recently recorded prices ; 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, for such period as the price of adult bovine marketing stage ; whereas, the price of adult bovine animals recorded on representative Community markets animals recorded on the representative market or markets differs by less than 0,24 ECU per 100 kilograms of live of the United Kingdom shall be corrected by the amount weight from the price previously used, the latter is of the premium granted to producers under Regulation retained : (EEC) No 1347/86 ('), as last amended by Regulation (EEC) No 467/87 (2) ; whereas the representative markets, categories and qualities of products and weighting coeffi­ Whereas the levies must be so fixed that obligations cients are fixed in Annex II to Commission Regulation arising from international agreements concluded by the (EEC) No 610/77 of 18 March 1977 on the determination Community continue to be fulfilled ; of prices of adult bovine animals on representative Community markets and the survey of prices of certain other cattle in the Community (3), as last amended by Whereas Council Regulation (EEC) No 486/85 (*), as last Regulation (EEC) No 3003/87 (4) ; amended by Regulation (EEC) No 1821 /87 (6), lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific Whereas, for Member States with several representative States or in the overseas countries and territories ; markets, the price of each category and quality is equal to the arithmetic mean of the prices recorded on each of those markets ; for representative markets held several Whereas the various cuts of frozen meat are defined in Regulation (EEC) No 586/77 ; (') OJ No L 119, 8 . 5. 1986, p. 40 . (2) OJ No L 48 , 17. 2. 1987, p. 1 . (3) OJ No L 77, 25. 3 . 1977, p. 1 . 0 OJ No L 61 , 1 . 3 . 1985, p. 4. (4) OJ No L 285, 8 . 10 . 1987, p. 11 . (6) OJ No L 172, 30 . 6. 1987, p. 102.

No L 371 /31 30 . 12. 87 Official Journal of the European Communities

the last paragraph of Article 3 (1 ) of Council Regula­ Whereas, pursuant to Article 33 (2) of Regulation (EEC) No 805/68 , the nomenclature provided for in this Regula­ tion (EEC) No 1676/85 (2), as last amended by Regula­ tion (EEC) No 1636/87 (3), tion is incorporated in the combined nomenclature ; — for other currencies, an exchange rate based on the Whereas the levies are fixed before the 27th day of each arithmetic mean of the spot market rates of each of month and are applicable from the first Monday of the these currencies recorded over a given period in rela­ following month ; whereas these levies may be altered in tion to the Community currencies referred to in the the period between two fixings where the basic levy is previous indent and the aforesaid coefficient, altered, or in these case of changes in the prices recorded Whereas, having regard to the provisions of the aforemen­ on Community representative markets ; tioned Regulations, and in particular to the information Whereas Council Regulation (EEC) No 2658/87 of 23 and quotations known to the Commission, the levies on frozen beef and veal should be as set out in the Annex July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (') introduces, with effect hereto, from 1 January 1988, a new combined nomenclature which meets the requirements of both the Common HAS ADOPTED THIS REGULATION : Customs Tariff and the Community's statistics on foreign trade and which replaces the existing nomenclature ; Article 1 Whereas, if the levy system is to operate normally, levies The import levies on frozen beef and veal shall be as set should be calculated on the following basis : out in the Annex. — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Article 2 of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in This Regulation shall enter into force on 4 January 1988.

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

(?) OJ No L 164, 24. 6. 1985, p. 1 . (') OJ No L 256, 7. 9. 1987, p. 1 . (3) OJ No L 153, 13. 6. 1987, p. 1 .

No L 371 /32 Official Journal of the European Communities 30 . 12 . 87

ANNEX ^

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

(ECU/ 100 kg)

CN code Levy

— Net weight —

0202 10 00 238,299 0202 20 10 238,299 0202 20 30 190,639 0202 20 50 297,874 0202 20 90 357,448 0202 30 10 297,874 0202 30 50 297,874 0202 30 90 409,873 0206 29 91 409,873

( ) 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.