31989R0780

No L 84/34 Official Journal of the European Communities 29 . 3 . 89

COMMISSION REGULATION (EEC) No 780/89 of 28 March 1989 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 104% 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 or equal to 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 571 /88 (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 :

(a) 100 % where the market price is more than or equal Whereas under Article 9 of Regulation (EEC) No 805/68 to 98 % of the guide price ; a levy is applicable to the products specified in Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the (b) 105 % where the market price is less than 98 % and amount of the levy applicable by reference to a percen­ more than or equal to 96 % of the guide price ; tage of the basic levy ; (c) 110 % where the market price is less than 96 % and more than or equal to 90 % of the guide price ; Whereas, in respect of the types of frozen meat listed in section (b) of the Annex to the said Regulation under CN (d) 114% where the market price is less than 90 % of codes 0202 10 00 and 0202 20 10, the basic levy is deter­ the guide price ; mined on the basis of the difference between : Whereas the guide prices for adult bovine animals to be — the guide price multiplied by a coefficient represen­ applied from 4 July 1988 have been fixed by Council ting the ratio existing in the Community between the Regulation (EEC) No 2249/88 (*) ; whereas Council Regu­ price of fresh meat of a category competitive with the lation (EEC) No 769/89 (^ has extended the 1988/89 frozen meat in question, presented in the same form, marketing year for beef and veal *, 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, Whereas, by Commission Regulation (EEC) No 586/77 of taking into account in particular : 18 March 1977 laying down rules for the application of the levies on beef and veal and amending Regulation — foreseeable developments on the market in frozen (EEC) No 950/68 on the Common Customs Tariff (3), as meat, last amended by Regulation (EEC) No 3988/87 (4), the abovementioned coefficient, calculated in accordance with — the most representative prices on third country the rules laid down in Article 11 (2) (a) - of Regulation markets for fresh and chilled meat of a category which (EEC) No 805/68, has been fixed at 1,69 units of account is competitive with frozen meat, 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 CN codes 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 CN codes 0202 10 00 and 0202 20 10, multiplied by a standard coef­ (') OJ No L 148, 28 . 6. 1968, p. 24. (2) OJ No L 61 , 4. 3. 1989, p. 43. 0 OJ No L 75, 23 . 3. 1977, p. 10 . 0 OJ No L 198, 26. 7. 1988 . (4) OJ No L 376, 31 . 12. 1987, p. 31 (*) See page 13 of this Official Journal.

29 . 3 . 89 Official Journal of the European Communities No L 84/35

ficient fixed for each of the products in question ; whereas times in one period of seven days, the price of each cate­ these coefficients were fixed in Annex II to Regulation gory and quality is equal to the arithmetic mean of the (EEC) No 586/77 ; 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 fixed in Annex II to Regulation (EEC) No 610/77, of the Whereas, for the purpose of fixing the free-at-frontier prices recorded in the surplus and deficit zones ; whereas offer prices, offer prices that do not correspond to real the price recorded in the surplus zone is equal to the purchasing possibilities or that relate to unrepresentative arithmetic mean of the prices recorded on ^ach of the quantities should not be taken into account ; whereas markets within that zone ; whereas in respect of the offer prices should also be excluded when the movement United Kingdom the weighted average prices of adult of prices in general or the information available gives bovine animals recorded on the representative markets of reason to believe that they are unrepresentative of the true Great Britain on the one hand and Northern Ireland on trend of prices in the country of origin ; 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 Whereas if one or more Member States, for veterinary or basis of prices recorded over a period to be determined on health reasons for example, adopt measures affecting the the representative market or markets of each Member normal trend of prices recorded On their markets, the State for the various categories of adult bovine animals or Commission may disregard the prices recorded on the of meat from such animals, taking into account the size of market or markets in question, or use the latest prices each of these categories and the relative size of the bovine recorded on the market or markets in question before the herd of each Member State ; 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 4132/88 (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 1547/88 (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 ; 0) OJ No L 119, 8 . 5. 1986, p. 40. 0 OJ No L 362, 30. 12. 1988, p. 4. (3) OJ No L 77, 25. 3. 1977, p. 1 . O OJ No L 61 , 1 . 3. 1985, p. 4. 0 OJ No L 139, 4. 6. 1988, p. 22. (6) OJ No L 172, 30. 6. 1987, p. 102.

No L 84/36 Official Journal of the European Communities 29 . 3 . 89

Whereas, pursuant to Article 33 (2) of Regulation (EEC) tion to the Community currencies referred to in the No 805/68, the nomenclature provided for in this Regula­ previous indent and the aforesaid coefficient ; tion is incorporated in the combined nomenclature ; Whereas, having regard to the provisions of the aforemen­ Whereas the levies are fixed before the 27th day of each tioned Regulations, and in particular to the information month and are applicable from the first Monday of the and quotations known to the Commission, the levies on following month ; whereas these levies may be altered in frozen beef and veal should be as set out in the Annex the period between two fixings where the basic levy is hereto, altered, or in these case of changes in the prices recorded on Community representative markets ;

Whereas, if the levy system is to operate normally, levies HAS ADOPTED THIS REGULATION : should be calculated on the following basis : — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Article 1 of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in The import levies on frozen beef and veal shall be as set the last paragraph of Article 3 (1 ) of Council Regula­ out in the Annex. tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 1636/87Q, — for other currencies, an exchange rate based on the Article 2 arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ This Regulation shall enter into force on 3 April 1989.

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

Done at Brussels, 28 March 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

(») OJ No L 164, 24. 6. 1985, p. 1 . V) OJ No L 153, 13. 6. 1987, p. 1 .

29 . 3 . 89 Official Journal of the European Communities No L 84/37

ANNEX

to the Commission Regulation of 28 March 1989 fixing the import levies on frozen beef and veal (')

(ECU/ 100 kg)

CN code Levy 1 — Net weight —

0202 10 00 210,939 0202 20 10 210,939 0202 20 30 168,751 0202 20 50 263,674 0202 20 90 316,408 0202 30 10 263,674 0202 30 50 263,674 0202 30 90 362,814 0206 29 91 362,814

(') 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.