31990R1216

No L 120/20 Official Journal of the European Communities 11 . 5. 90

COMMISSION REGULATION (EEC) No 1216/90 of 10 May 1990 fixing the import levies on live cattle and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas if it is found that the price of adult bovine animals on representative Community markets is equal to or less than the guide price, the levy applicable equals the Having regard to the Treaty establishing the European following percentage of the basic levy : Economic Community,

(a) 100 % where the market price is more than or equal Having regard to the Act of Accession of Spain and to 98 % of the guide price ; Portugal, (b) 105 % where the market price is less than 98 % and more than or equal to 96 % of the guide price ; Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market (c) 110 % where the market price is less than 96 % and in beef and veal ('), as last amended by Regulation (EEC) more than or equal to 90 % of the guide price ; No 571 /89 (2), and in particular Article 12 (8) thereof, (d) 114 % where the market price is less than 90 % of the guide price ; Having regard to the opinion of the Monetary Committee,

Whereas pursuant to Article 10 (4) of Regulation (EEC) Whereas under Article 9 of Regulation (EEC) No 805/68 No 805/68 the basic levy on the meat specified in a levy is applicable to the products specified in Article 1 sections (a), (c) and (d) of the Annex hereto is equal to the (1 ) (a) of that Regulation ; whereas Article 12 fixes the basic levy determined for bovine animals, multiplied by a amount of the levy applicable by reference to a percen­ standard coefficient fixed for each of the products in tage of the basic levy ; question ; whereas these coefficients are fixed by Commission Regulation {EEC) No 586/77 of 18 March Whereas in respect of bovine animals the basic levy is 1977 laying down rules for the application of levies on determined on the basis of the difference between the beef and veal and amending Regulation (EEC) No 950/68 guide price and the Community free-at-frontier offer on the Common Customs Tariff (3), as last amended by price plus the amount of the customs duty ; whereas the Regulation (EEC) No 3988/87 (4); Community free-at-frontier offer price is determined in the light of the most representative purchasing possibili­ Whereas the guide prices for adult bovine animals to be ties, as regards quality and quantity, recorded over a applied from 14 May 1990 were fixed by Council Regula­ certain period for bovine animals and for the fresh or tion (EEC) No 1 1 88/90 0 ; chilled meat specified in section (a) of the Annex to the said Regulation under CN codes 0201 10 10, 0201 10 90, 0201 20 11 and 0201 20 19, account being taken in parti­ Whereas the prices fixed by the Council are to be reduced cular of the position with respect to supply and demand, in accordance with Article 2 of Commission Regulation of world market prices for frozen meat of a category (EEC) No 784/90 of 29 March 1990 fixing the reducing which is competitive with fresh or chilled meat and of coefficient for agricultural prices in the 1990/91 marke­ past experience ; ting year as a result of the monetary realignment of 5 January 1990 and amending the prices and amounts fixed Whereas if it is found that the price of adult bovine in ecus for that marketing year (*) ; animals on representative Community markets is higher than the guide price, the levy applicable equals the follo­ wing percentage of the basic levy : Whereas Regulation (EEC) No 586/77 stipulates that the basic levy is to be calculated according to the method set out in its Article 3 and on the basis of all the representa­ (a) 75 % where the market price is less than or equal to 102 % of the guide price ; tive free-at-frontier offer prices of the Community deter­ mined for the products of each of the categories and cuts (b) 50 % where the market price is more than 102 % and specified in Article 2 and established principally by less than or equal to 104 % of the guide price ; reference to the prices specified in the customs docu­ (c) 25 % where the market price is more than 104 % and ments accompanying products imported from third coun­ less than or equal to 106 % of the guide price ; tries or from other information concerning export prices obtaining in those third countries ; (d) 0 % where the market price is more than 106 % of the guide price ; (3) OJ No L 75, 23. 3. 1977, p. 10 . (4) OJ No L 376, 31 . 12. 1987, p. 31 . (') OJ No L 148, 28 . 6. 1968, p. 24. 0 OJ No L 119, 11 . 5. 1990. (2 OJ No L 61 , 4. 3. 1989, p. 43. («) OJ No L 83, 30. 3 . 1990, p. 102.

11 . 5. 90 Official Journal of the European Communities No L 120/21

Whereas, however, offer prices that do not correspond to State in respect of the various categories of adult bovine real purchasing possibilities or that relate to unrepresenta­ animals or of meat from such animals, after taking into tive quantitities should not be taken into account ; account the size of each of these categories and the rela­ whereas offer prices should also be excluded when the 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 the prices of adult bovine animals recorded on Whereas in cases where for one or more categories of the representative market or markets of each Member bovine animals or cuts of meat a free-at-frontier offer 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 marketing stage ; whereas, the price of adult bovine Whereas if the free-at-frontier offer price differs by less animals recorded on the representative market or markets than ECU 0,60 per 100 kilograms of live weight from that of the United Kingdom shall be corrected by the amount previously used for the calculation of the levy, the latter of the premium granted to producers under Regulation price should be retained ; (EEC) No 1347/86 (3), as last amended by Regulation (EEC) No 4132/88 (4) ; whereas the representative markets, categories and qualities of products and weighting coeffi­ Whereas pursuant to Article 10 (3) of Regulation (EEC) cients are fixed in Annex II to Commission Regulation No 805/68 a special basic levy is determined for certain (EEC) No 610/77 of 18 March 1977 on the determination third countries on the basis of the difference between the of prices of adult bovine animals on representative guide price and the average price recorded over a certain Community markets and the survey of prices of certain period plus the amount of the customs duty ; other cattle in the Community (*), as last amended by Regulation (EEC) No 1646/89 (*); Whereas Commission Regulation (EEC) No 611 /77 ('), as amended by Regulation (EEC) No 925/77 (2), provides that the special levy on products originating in and coming from Austria, Sweden and Switzerland should be Whereas, for Member States with several representative determined on the basis of the weighted average of the markets, the price of each category and quality is equal to prices of adult bovine animals recorded on the representa­ tive markets of those third countries ; whereas the the arithmetic mean of the prices tecorded on each of those markets ; whereas, for representative markets held weighting coefficients and representative markets are several times in one period of seven days, the price of specified in the Annexes to Regulation (EEC) No 611 /77 ; each category and quality is equal to the arithmetic mean of the prices recorded on each market day ; whereas in Whereas the average price is not to be used for calcula­ respect of Italy the price of each category and quantity is ting the special levy unless it is at least ECU 1,21 per 100 equal to the average, weighted by the special weighting coefficients fixed in Annex II to Regulation (EEC) No kilograms of live weight more than the free-at-frontier offer price determined in accordance with Article 10 (2) of 610/77, of the prices recorded in the surplus and deficit Regulation (EEC) No 805/68 ; zones ; whereas the price recorded in the surplus zone is equal to the arithmetic mean of the prices recorded on each of the markets within that zone ; whereas in respect Whereas if the average price differs by less than ECU 0,60 of the United Kingdom the weighted average prices of per 100 kilograms of live weight from that previously adult bovine animals recorded on the representative used to calculate the levy, the latter may be retained ; markets of Great Britain on the one hand and Northern 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 recorded before the entry into force of such measures ; Whereas prices for the different categories and qualities not obtained from prices which are 'live weight excluding tax' are multiplied by the live weight conversion coeffi­ Whereas pursuant to Article 12 (6) of Regulation (EEC) cients fixed in Annex II to the said Regulation and, in the No 805/68 the price of adult bovine animals on represen­ case of Italy, are first increased or reduced by the correc­ tative Community markets is the price established on the tive amounts fixed in the said Annex ; basis of prices recorded over a period to be determined on the representative market or markets of each Member (3) OJ No L 119, 8. 5. 1986, p. 40. (4) OJ No L 362, 30. 12. 1988 , p. 4. 0 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 . (j OJ No L 162, 13. 6. 1989, p. 22.

No L 120/22 Official Journal of the European Communities 11 . 5. 90

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 entry into force of such measures ; sentative markets ;

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 1 676/85 (4), as last amended by Regulation differs by less then 0,24 ECU per 100 kilograms of live (EEC) No 1636/870, 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 on the conclusion of the Cooperation Agreement between Whereas, having regard to the provisions of the aforemen­ the European Economic Community and the Socialist tioned Regulation, and in particular to the information Federal Republic of Yugoslavia ^), and of Council Deci­ and quotations known to the Commission, the levies on sion 87/605/EEC of 21 December 1987 on the conclu­ live cattle and beef and veal other than frozen meat sion of the additional Protocol to the Cooperation Agree­ should be as set out in the Annex hereto, ment between the European Economic Community and the Socialist Federal Republic of Yugoslavia ^), 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 715/90 (3) lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Carib­ Article 1 bean 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 present Regulation. Whereas the various cuts of beef and veal are denned in Regulation (EEC) No 586/77 ;

Article 2 Whereas, pursuant to Article 33 (2) of Regulation (EEC) No 805/68, the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ; This Regulation shall enter into force on 14 May 1990.

(>) OJ No L 41 , 14. 2. 1983, p. 1 . (2) OJ No L 389, 31 . 12. 1987, p. 72. (4) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 84, 30. 3. 1990, p. 85 . (4 OJ No L 153, 13. 6. 1987, p. 1 .

11 . 5. 90 Official Journal of the European Communities No L 120/23

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

/ Done at Brussels, 10 May 1990. For the Commission Ray MAC SHARRY Member of the Commission

No L 120/ 24 Official Journal of the European Communities 11 . 5 . 90

ANNEX

to the Commission Regulation of 10 May 1990 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 16,963 (') 124,192 0102 90 31 21,788 (') 16,963 (') 124,192 0102 90 33 16,963 (') 124,192 0102 90 35 21,788 16,963 (') 124,192 0102 90 37 21,788 16,963 0124,192

— Net weight —

0201 10 10 32,230 0235,964 0201 10 90 41,397 32,230 0 235,964 0201 20 21 — 32,230 0 235,964 0201 20 29 41,397 32,230 0 235,964 0201 20 31 — 25,785 0 188,771 0201 20 39 33,118 25,785 0 188,771 0201 20 51 49,677 38,676 0283,157 0201 20 59 49,677 38,676 0 283,157 0201 20 90 — 48,345 0 353,946 0201 30 00 — 55,300 0 404,864 0206 10 95 — 55,300 0404,864 0210 20 10 ' — 48,345 353,946 0210 20 90 — 55,300 404,864 0210 90 41 — 55,300 404,864 0210 90 90 — 55,300 404,864 1602 50 10 — 55,300 404,864 1602 90 61 — 404,864 55,300

(') In accordance with Regulation (EEC) No 715/90, levies are not applied to products imported directly into the French overseas departments, 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).