31988R2312

27. 7. 88 Official Journal of the European Communities No L 201 /83

COMMISSION REGULATION (EEC) No 2312/88 of 26 July 1988 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 2248/88 (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 guide price and the Community free-at-frontier offer basic levy determined for bovine animals, multiplied by a price plus the amount of the customs duty ; whereas the standard coefficient fixed for each of the products in Community free-at-frontier offer price is determined in question ; whereas these coefficients are fixed by the light of the most representative purchasing possibili­ Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the application of levies on ties, as regards quality and quantity, recorded over a certain period for bovine animals and for the fresh or beef and veal and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by chilled meat specified in section (a) of the Annex to the Regulation (EEC) No 3988/87 0 ; said Regulation under CN codes 0201 10 10, 0201 10 90, 0201 20 11 and 0201 20 19, account being taken in parti­ cular of the position with respect to supply and demand, of world market prices for frozen meat of a category Whereas the guide prices for adult bovine animate to be which is competitive' with fresh or chilled meat and of applied from 4 July 1988 were fixed by Council Regula­ past experience ; tion (EEC) No 2249/88 (*) ;

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 (b) 50 % where the market price is more than 102 % and reference to the prices specified in the customs docu­ less than or equal to 104 % of the guide price ; ments accompanying products imported from third coun­ 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. (<) OJ No L 376, 31 . 12. 1987, p. 31 . 0 OJ No L 198, 26. 7. 1988 . 0 OJ No L 198, 26. 7. 1988.

No L 201 /84 27. 7. 88 Official Journal of the European Communities

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 animals or of meat from such animals, after taking into tive quantitities should not be taken into account ; whereas offer prices should also be excluded when the account the size of each of these categories and the rela­ tive size of the bovine herd of each Member State : movement of prices in general or the information avai­ 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 State are equal to the average, weighted by the appropriate price cannot be established, the most recent available coefficients, of the prices for the various qualities of adult price should be used for the calculation ; 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 0, as last amended by Regulation (EEC) No 1547/88 («); Whereas Commission Regulation (EEC) No 611 /77 of 18 March 1977 ('), as amended by Regulation (EEC) No 925/77 ^ 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 10 (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 O OJ No L 119, & 5. 1986, p. 40 . (*) OJ No L 48, 17. 2. 1987, p. 1 . (') OJ No L 77, 25. 3. 1977, p. 14. (j OJ No L 77, 25. 3. 1977, p. 1 . ft OJ No L 109, 30. 4. 1977, p. 1 . M OJ No L 139, 4. 6. 1988, p. 22.

27. 7. 88 Official Journal of the European Communities No L 201 /85

Whereas if one or more Member States, for veterinary or Whereas the levies and special levies are fixed before the health reasons for example, adopt measures affecting the 27th day of each month and are applicable from the first normal trend of prices recorded on their markets the Monday of the following month ; whereas these levies Commission may disregard the prices recorded on the may be altered in the period between two fixings where market or markets in question, or use the latest prices the basic levy or special basic levy is altered, or in the case recorded on the market or markets in question before the of changes in the prices recorded on Community repre­ sentative markets : entry into force of such measures ;

Whereas, if the levy system is to operate normally, levies Whereas, in the absence of information, prices recorded should be calculated on the following basis : on representative Community markets are determined mainly by reference to the most recently recorded prices ; — 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 Whereas for such period as the price of adult bovine -, last paragraph of Article 3 ( 1 ) of Council Regulation animals recorded on representative Community markets (EEC) No 1676/85 (*), as last amended by Regulation differs by less then 0,24 ECU per 100 kilograms of live (EEC) No 1636/87 («), weight from the price previously used, the latter is retained ; — 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 rela­ tion to the Community currencies referred to in the Whereas levies must be fixed having regard to the obliga­ previous indent and the aforesaid coefficient ; tions arising from international agreements concluded by the Community ; whereas account should also be taken of Council Regulation (EEC) No 314/83 of 24 January 1983 Whereas, having regard to the provisions of the aforemen­ on the conclusion of the Cooperation Agreement between tioned Regulation, and in particular to the information the European Economic Community and the Socialist and quotations known to the Commission, the levies on Federal Republic of Yugoslavia ('), and of Council Deci­ live cattle and beef and veal other than frozen meat sion 87/605/EEC of 21 December 1987 on the conclu­ should be as set out in the Annex hereto, sion of the additional Protocol to the Cooperation Agree­ ment between the European Economic Community and the Socialist Federal Republic of Yugoslavia (2), antici­ pating a reduction in the levy applicable on imports into the Community of certain products in the beef and veal sector originating in and coming from Yugoslavia ;

HAS ADOPTED THIS REGULATION :

Whereas Council Regulation (EEC) No 486/85 (3), last amended by Regulation (EEC) No 1821 /87 (4), lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural Article 1 products originating in the African, Caribbean and Pacific States or in the overseas countries and territories ;

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 the various cuts of beef and veal are defined in present Regulation. Regulation (EEC) No 586/77 ;

Whereas, pursuant to Article 33 (2) of Regulation (EEC) Article 2 No 805/68, the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ;

This Regulation shall enter into force on 1 August 1988 . (') OJ No L 41 , 14. 2. 1983, p. 1 . (2) OJ No L 389, 31 . 12. 1987, p. 72. (3) OJ No L 61 , 1 . 3. 1985, p. 4. O OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 172, 30. 6. 1987, p. 102. (*) OJ No L 153, 13. 6. 1987, p. 1 . V

No L 201 / 86 27. 7. 88 Official Journal of the European Communities

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

Done at Brussels, 26 July 1988 . For the Commission Frans ANDRIESSEN Vice-President

27. 7. 88 Official Journal of the European Communities No L 201 /87

ANNEX

to the Commission Regulation of 26 July 1988 fixing the import levies on live cattle and on beef and veal other than frozen (')

(ECU/100 kg)

Austria/Sweden/ CN code Yugoslavia v) Other third countries Switzerland

— Live weight —

0102 90 10 28,611 131,237 0102 90 31 57,560 28,611 131,237 0102 90 33 — 28,611 131,237 0102 90 35 57,560 28,611 131,237 0102 90 37 57,560 28,611 131,237

— Net weight —

0201 10 10 54,360 249,350 0201 10 90 109,364 54,360 249,350 0201 20 11 109,364 54,360 249,350 0201 20 19 109,364 54,360 249,350 0201 20 31 — 43,488 199,479 0201 20 39 87,491 43,488 199,479 0201 20 51 131,237 65,232 299,220 0201 20 59 131,237 65,232 299,220 0201 20 90 — 81,540 374,025 0201 30 — 93,270 427,832 0206 10 95 — . 93,270 427,832 0210 20 10 — 81,540 374,025 0210 20 90 — 93,270 427,832 0210 90 41 — 93;270 427,832 0210 90 90 — 93,270 427,832 1602 50 10 — 93,270 427,832 1602 90 61 — 93,270 427,832

(') 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 1368/88 (OJ No L 126, 20. 5. 1988, p. 26).