31989R1755

No L 172/8 Official Journal of the European Communities 21 . 6. 89

COMMISSION REGULATION (EEC) No 1755/89 of 20 June 1989 fixing the sluice-gate prices and levies on pigmeat and repealing Regulation (EEC) No 960/89

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Article 2 of Regulation (EEC) No 2764/75 ; whereas the value for the same quantity on the world market must be determined in accordance with Article 3 thereof ; Having regard to the Treaty establishing the European Economic Community,

Having regard to the Act of Accession of Spain and Whereas Article 3 of that Regulation provides that the Portugal, price of each cereal on the world market is to be equal to the average of the cif prices of that cereal ; whereas the cif prices are recorded for the five-month period ending one Having regard to Regulation (EEC) No 2759/75 of the month before the quarter in respect of which the said Council of 29 October 1975 on the common organization component is calculated ; whereas that period is 1 January of the market in pigmeat (J), as last amended by Regula­ to 31 May 1989 ; tion (EEC) No 1249/89 (2), and in particular Articles 8 and 12 ( 1 ) thereof,

Whereas a levy fixed quarterly in advance must be Whereas the second component must be equal to 7 % of the average of the sluice-gate prices applicable for the charged on imports into the Community for the products four quarters to 1 April in each year ; whereas, however, in specified in Article 1 (1 ) of Regulation (EEC) No 2759/75 ; this year of changeover in quarterly periods, the sluice­ gate prices applicable for the four quarters to 1 May 1989 are to be maintained as they were fixed quarterly for the Whereas Regulation (EEC) No 2759/75 was amended, puposes of calculating the second component of the levy ; with effect on 1 July 1989, by Regulation (EEC) No 1249/89 as regards the quarterly fixing of the sluice-gate prices and levies so that henceforward such fixing is to take place according to quarters of the calendar year, Whereas the levies on the products specified in Article 1 namely on 1 January, 1 April, 1 July and 1 October ; (1 ) (a) and (b) of Regulation (EEC) No 2759/75 other than pig carcases must be derived from the levy on pig carcases on the basis of the coefficients fixed for such products Whereas, as the levies and sluice-gate prices were fixed pursuant to Article 10 (4) of Regulation (EEC) No latterly in Commission Regulation (EEC) No 960/89 of 2759/75 in Annex I to Commission Regulation (EEC) No 13 April 1989 (3), new levies and sluice-gate prices must 3944/87 of 21 December 1987 fixing coefficients for be fixed for the period 1 July to 30 September 1989 and calculating levies on pigmeat products (6) ; Regulation (EEC) No 960/89, which fixes the amounts for the period 1 May to 31 July 1989, must be repealed ;

Whereas the levies on the products specified in Article 1 Whereas the levy on pig carcases is made up of two (1 ) (c) of Regulation (EEC) No 2759/75 are made up of components ; two components ;

Whereas the first component must be equal to the diffe­ rence between prices within the Community and on the world market for the quantity of feed grain determined in Whereas the first component must be derived from the accordance with Article 1 of Regulation (EEC) No levy on pig carcases on the basis of the coefficients fixed 2764/75 of the Council of 29 October 1975 laying down in Annex II to Regulation (EEC) No 3944/87 ; the rules for calculating a component of the levy on pig carcases (4), as last amended by Regulation (EEC) No 41 60/87 (*), the composition whereof is indicated therein ; Whereas the second component must be equal to 7 %, and for products falling within CN code ex 1602 to 10 % Whereas the value within the Community of that quan­ of the average offer prices for imports during the 12 tity of feed grain must be determined in accordance with months to 1 April ; whereas those averages should be determined bearing in mind all the information available (') OJ No L 282, 1 . 11 . 1975, p. 1 . on imports into the Community from third countries, (2) OJ No L 129, 11 . 5. 1989, p. 12. taking into account the representative character of prices ; O OJ No L 102, 14. 4. 1989, p. 31 . (4) OJ No L 282, 1 . 11 . 1975, p. 21 . M OJ No L 392, 31 . 12. 1987, p. 46. f6) OJ No L 373, 31 . 12. 1987, p. 25.

21 . 6 . 89 Official Journal of the European Communities No L 172/9

Whereas, in the case of products falling within CN codes Whereas the sluice-gate prices of products referred to in 0206 30 21 , 0206 30 31 , 0206 41 91 , 0206 49 91 , Article 1 of Regulation (EEC) No 2766/75, other than pig 1501 00 11 , 1601 00 10, 1602 10 00, 1602 20 90 and carcases, must be derived from the sluice-gate price for 1602 90 10 in respect of which the rate of duty has been pig carcases on the basis of the coefficients laid down by bound under the General Agreement on Tariffs and Trade Regulation (EEC) No 3944/87 ; (GATT), the levies must not exceed the amount resulting from that binding ;

Whereas, Commission Regulation (EEC) No 616/86 of 28 Whereas, for pig carcases and other products referred to February 1986 on the application of import levies on in Article 1 of Council Regulation (EEC) No 2766/75 of pigmeat products from Portugal (3) suspended the applica­ 29 October 1975 establishing the list of products for tion of import levies on pigmeat products from Portugal which sluice-gate prices are to be fixed and laying down owing to the minimal difference between the prices obtai­ the rules for fixing the sluice-gate price for pig carcases ('), ning in the Community on the one hand and in Portugal as last amended by Council Regulation (EEC) No on the other hand ; whereas the situation still pertains ; 3909/87 (2), the sluice-gate prices must be fixed in advance for each quarter ; whereas as sluice-gate prices Whereas the measures provided for in this Regulation are were last fixed by Regulation (EEC) No 960/89 for the in accordance with the opinion of the Management period 1 May to 31 July 1989, bearing in mind the new Committee for Pigmeat, definition of quarters introduced by Regulation (EEC) No 1249/89, the sluice-gate price must be fixed anew for the period 1 July to 30 September 1989 ;

HAS ADOPTED THIS REGULATION : Whereas the sluice-gate price for pig carcases is made up of three components ;

Article 1 Whereas the first component must be equal to the value on the world market of the quantity of feed grain equiva­ lent to the quantity of feedingstuffs required for the 1 . For the period 1 July to 30 September 1989 the production in third countries of one kilogram of pigmeat, levies provided for in Article 8 of Regulation (EEC) No such quantity being composed as provided in Article 2 ( 1 ) 2759/75 £or tjie products referred to in Article of Regulation (EEC) No 2766/75 ; 1 ( 1 ) thereof and the sluice-gate prices provided for in Article 12 of Regulation (EEC) No 2759/75 for the products referred to in Article 1 of Regulation (EEC) No Whereas the value of that quantity of grain must be deter­ 2766/75 shall be as set out in the Annex hereto. mined in accordance with Article 2 (2) and (3) of Regula­ tion (EEC) No 2766/75 ; 2. Nevertheless, in the case of products falling within CN codes 0206 30 21 , 0206 30 31 , 0206 41 91 , 02064991 , 1501 00 11 , 1601 00 10, 16021000, Whereas the said Article 2 provides that the price for 1602 20 90 and 1602 90 10, in respect of which the rate of each cereal on the world market shall be equal to the duty has been bound within GATT, the levy shall not average of the cif prices of such cereal ; whereas the cif exceed the amount resulting from that binding. prices shall be determined for the period of five months ending one month before the quarter in respect of which the said amount is calculated ; whereas that period is 3. For imports from Portugal of products specified in 1 January to 31 May 1989 ; paragraph I and in free circulation in that Member State, application of the levies specified in the Annex shall be suspended. Whereas the second component, which represents the extra cost, in relation to feed grain of feedingstuffs other than grain required for the production of one kilogram of pigmeat, shall, in accordance with Article 3 (1 ) of Regula­ Article 2 tion (EEC) No 2766/75, be 1 5 % of the value of the quantity of feed grain ; Regulation (EEC) No 960/89 is repealed.

Whereas the third amount, which represents overhead costs of production and marketing, shall, in accordance Article 3 with Article 3 (2) of Regulation (EEC) No 2766/75, be 38,69 ECU per 100 kilograms of pig carcases : This Regulation shall enter into force on 1 July 1989.

(') OJ No L 282, 1 . 11 . 1975, p. 25. (2) OJ No L 370, 30. 12. 1987, p. 11 . (3) OJ No L 58, 1 . 3 . 1986, p. 45.

No L 172/ 10 Official Journal of the European Communities 21 . 6. 89

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

Done at Brussels, 20 June 1989.

For the Commission

Ray MAC SHARRY Member of the Commission

21 . 6 . 89 Official Journal of the European Communities No L 172/ 11

ANNEX

to the Commission Regulation of 20 June 1989 fixing the sluice-gate prices and levies on pigmeat

Conventional Sluice-gate price Amount of levies rate of duty CN code (ECU/ 100 kg) (ECU/ 100 kg) bound within GATT (%)

0103 91 10 91,36 39,47 0103 92 11 77,70 - 33.57 0103 9219 91,36 39.47 0203 11 10 118,81 51,32 0203 1211 172,27 74,42 0203 12 19 133,07 57.48 0203 19 11 133,07 57,48 0203 19 13 192,47 83,15 0203 19 15 103,36 44,65 0203 1955 192,47 83,15 0203 19 59 192,47 83,15 0203 21 10 118,81 51,32 0203 2211 172,27 74,42 0203 22 19 133,07 57,48 0203 29 1 1 133,07 57,48 0203 29 13 192,47 83,15 0203 29 15 103,36 44,65 0203 29 55 192,47 83,15 0203 29 59 192,47 83,15 0206 30 21 143,76 62,10 7 0206 30 31 104,55 45,17 4 0206 41 91 143,76 62,10 7 0206 49 91 104,55 45,17 4 0209 00 11 47,52 20,53 0209 00 19 52,28 22.58 0209 00 30 28,51 12,32 0210 11 11 172,27 74,42 0210 11 19 133.07 57,48 0210 11 31 335,04 144,73 0210 11 39 263,76 113,94 0210 1211 103,36 44,65 0210 1219 172,27 74,42 0210 19 10 152.08 ■ 65,69 0210 19 20 166,33 71,85 0210 19 30 133,07 57,48 0210 19 40 192,47 83,15 0210 19 51 192,47 83,15 0210 19 59 192.47 83,15 0210 19 60 263,76 113,94 021019 70 331.48 143,19 021019 81 335,04 144,73 0210 19 89 335,04 144,73 0210 90 31 143,76 62,10 0210 90 39 104,55 45,17 1501 00 11 38,02 16,42 3 1501 00 19 38,02 16,42 1601 00 10 166,33 89,09 24 1 1601 00 91 279,20 153,00

No L 172/ 12 Official Journal of the European Communities 21 . 6 . 89

Conventional CN code Sluice-gate price Amount of levies rate of duty (ECU/ 100 kg) (ECU/ 100 kg) bound within GATT (%)

1601 00 99 190,10 101,29 160210 00 133.07 78.27 26 1602 20 90 154,45 87,99 25 1602 41 10 291.08 161,81 1602 42 10 243,56 131,10 1602 49 11 291,08 168,19 1602 49 13 243,56 137,90 1602 49 15 243,56 135,54 1602 49 19 160,39 85,57 1602 49 30 133,07 76,80 1602 49 50 79,60 55,48 1602 90 10 154,45 87,99 26 1602 90 51 160,39 85,57 1902 20 30 79,60 60.28

NB : The CN codes and the footnotes are defined in Commission Regulation (EEC) No 2658/87 (OJ No L 256, 7. 9. 1987, p. 1 ) as amended.