31991R0763

No L 81 /28 28 . 3 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 763/91 of 27 March 1991 fixing the import levies on live cattle and on beef and veal other than frozen

THE COMMISSION OF THE EUROPEAN COMMUNITIES, or less than the guide price, the levy applicable equals the following percentage of the basic levy : Having regard to the Treaty establishing the European Economic Community, (a) 100 % where the market price is more than or equal to 98 % of the guide price ; Having regard to Council Regulation (EEC) No 805/68 of (b) 105 % where the market price is less than 98 % and 27 June 1968 on the common organization of the market more than or equal to 96 % of the guide price ; in beef and veal ('), as last amended by Regulation (EEC) (c) 110 % where the market price is less than 96 % and No 3577/90 (2), and in particular Article 12 (8) thereof, more than or equal to 90 % of the guide price ;

(d) 114 % where the market price is less than 90 % of Having regard to the opinion of the Monetary Committee, the guide price ;

Whereas under Article 9 of Regulation (EEC) No 805/68 a levy is applicable to the products specified in Article 1 Whereas pursuant to Article 10 (4) of Regulation (EEC) ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the No 805/68 the basic levy on the meat specified in amount of the levy applicable by reference to a percen­ sections (a), (c) and (d) of the Annex hereto is equal to the tage of the basic levy ; basic levy determined for bovine animals, multiplied by a standard coefficient fixed for each of the products in question ; whereas these coefficients are fixed by Whereas in respect of bovine animals the basic levy is determined on the basis of the difference between the Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the application of levies on guide price and the Community free-at-frontier offer beef and veal and amending Regulation (EEC) No 950/68 price plus the amount of the customs duty ; whereas the on the Common Customs Tariff (3), as last amended by Community free-at-frontier offer price is determined in Regulation (EEC) No 3988/87 (4); the light of the most representative purchasing possibili­ ties, as regards quality and quantity, recorded over a certain period for bovine animals and for the fresh or Whereas the guide prices for adult bovine animals to be chilled meat specified in section (a) of the Annex to the applied from 14 May 1990 were fixed by Council Regula­ said Regulation under CN codes 0201 10 10, 0201 10 90, tion (EEC) No 1188/90 0 ; whereas Council Regulation 0201 20 11 and 0201 20 19, account being taken in parti­ (EEC) No 750/91 (6) has extended the 1990/91 marketing cular of the position with respect to supply and demand, year for beef and veal until 28 April 1991 ; of world market prices for frozen meat of a category which is competitive with fresh or chilled meat and of past experience ; Whereas the prices fixed by the Council are to be reduced in accordance with Commission Regulation (EEC) No Whereas if it is found that the price of adult bovine 1252/90 of 11 May 1990 establishing the prices and amounts fixed in ecus by the Council in the beef and veal animals on representative Community markets is higher sector and reduced as a result of the monetary realign­ than the guide price, the levy applicable equals the follo­ ment of 5 January 1990 0 ; wing percentage of the basic levy :

(a) 75 % where the market price is less than or equal to Whereas Regulation (EEC) No 586/77 stipulates that the 102 % of the guide price ; basic levy is to be calculated according to the method set (b) 50 % where the market price is more than 102 % and out in its Article 3 and on the basis of all the representa­ less than or equal to 1 04 % 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 (c) 25 % where the market price is more than 104 % and specified in Article 2 and established principally by less than or equal to 106% of the guide price ; reference to the prices specified in the customs docu­ (d) 0 % where the market price is more than 106 % of ments accompanying products imported from third coun­ the guide price ; tries or from other information concerning export prices obtaining in those third countries ; Whereas if it is found that the price of adult bovine animals on representative Community markets is equal to 0 OJ No L 75, 23 . 3. 1977, p. 10 . («) OJ No L 376, 31 . 12. 1987, p. 31 . O OJ No L 119, 11 . 5. 1990, p. 36. (') OJ No L 148, 28 . 6 . 1968 , p. 24. (6) See page 1 of this Official Journal. (2) OJ No L 353, 17. 12. 1990 , p. 23 . 0 OJ No L 121 , 12. 5. 1990, p. 30.

28 . 3 . 91 Official Journal of the European Communities No L 81 /29

Whereas, however, offer prices that do not correspond to example, measures affecting the prices recorded on their real purchasing possibilities or that relate to unrepresenta­ markets, the Commission may use the latest prices tive quantitities should not be taken into account ; recorded before the entry into force of such measures ; whereas offer prices should also be excluded when the 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 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 in cases where for one or more categories of basis of prices recorded over a period to be determined on bovine animals or cuts of meat a free-at-frontier offer the representative market or markets of each Member price cannot be established, the most recent available State in respect of the various categories of adult bovine price should be used for the calculation ; animals or of meat from such animals, after taking into account the size of each of these categories and the rela­ tive size of the bovine herd of each Member State ;

Whereas if the free-at-frontier offer price differs by less than ECU 0,60 per 1 00 kilograms of live weight from that previously used for the calculation of the levy, the latter price should be retained ; Whereas the representative markets, categories and quali­ ties of products and weighting coefficients are fixed in Annex II to Commission Regulation (EEC) No 610/77 of 18 March 1977 on the determination of prices of adult bovine animals on representative Community markets Whereas pursuant to Article 10 (3) of Regulation (EEC) and the survey of prices of certain other cattle in the No 805/68 a special basic levy is determined for certain third countries on the basis of the difference between the Community (3), as last amended by Regulation (EEC) No 3784/90 (4) ; guide price and the average price recorded over a certain period plus the amount of the customs duty ;

Whereas, for Member States with several representative Whereas Commission Regulation (EEC) No 61 1 /77 ('), as markets, the price of each category and quality is equal to amended by Regulation (EEC) No 925/77 (2), provides the arithmetic mean of the prices recorded on each of that the special levy on products originating in and those markets ; whereas, for representative markets held coming from Austria, Sweden and Switzerland should be several times in one period of seven days, the price of determined on the basis of the weighted average of the each category and quality is equal to the arithmetic mean prices of adult bovine animals recorded on the representa­ of the prices recorded on each market day ; whereas in tive markets of those third countries ; whereas the respect of Italy the price of each category and quantity is weighting coefficients and representative markets are equal to the average, weighted by the special weighting specified in the Annexes to Regulation (EEC) No 611 /77 ; coefficients fixed in Annex II to Regulation (EEC) No 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price recorded in the surplus zone is equal to the arithmetic mean of the prices recorded on Whereas the average price is not to be used for calcula­ each of the markets within that zone ; whereas in respect ting the special levy unless it is at least ECU 1,21 per 100 of the United Kingdom the weighted average prices of kilograms of live weight more than the free-at-frontier adult bovine animals recorded on the representative offer price determined in accordance with Article 10 (2) of markets of Great Britain on the one hand and Northern Regulation (EEC) No 805/68 ; Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II ;

Whereas if the average price differs by less than ECU 0,60 per 100 kilograms of live weight from that previously used to calculate the levy, the latter may be retained ; 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 cients fixed in Annex II to the said Regulation and, in the Whereas in cases where one or more of the abovemen­ case of Italy, are first increased or reduced by the correc­ tioned third countries adopt, for reasons of health for tive amounts fixed in the said Annex :

O OJ No L 77, 25 . 3 . 1977, p. 14. O OJ No L 77, 25. 3. 1977, p. 1 . 4 OJ No L 109, 30. 4. 1977, p. 1 . b) OJ No L 364, 28. 12. 1990, p. 21 .

No L 81 /30 28 . 3 . 91 Official Journal of the European Communities

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 Whereas for such period as the price of adult bovine rate, multiplied by the coefficient provided for in the animals recorded on representative Community markets last paragraph of Article 3 (1 ) of Council Regulation differs by less then 0,24 ECU per 100 kilograms of live (EEC) No 1676/85 Q, as last amended by Regulation weight from the price previously used, the latter is (EEC) No 2205/90 (6), retained ; — for the other currencies, an exchange rate based on the ecu rates published in the Official Journal of the European Communities, C series, over a period to be Whereas levies must be fixed having regard to the obliga­ determined, multiplied by the coefficient referred to tions arising from international agreements concluded by in the preceding indent ; 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 (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 715/90 (3), as last amended by Regulation (EEC) No 523/91 (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 April 1991 . (') OJ No L 41 , 14. 2. 1983, p. 1 . O OJ No L 389, 31 . 12 . 1987, p. 72. 0 OJ No L 84, 30. 3 . 1990, p. 85. (0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 58 , 5. 3. 1991 , p. 1 . (4 OJ No L 201 , 31 . 7. 1990, p. 9.

28 . 3 . 91 Official Journal of the European Communities No L 81 /31

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

Done at Brussels, 27 March 1991 . For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 27 March 1991 fixing the import levies on live cattle and on beef and veal other than frozen

(ECU/100 kg) CN code Austria/Sweden/ Other third countries Yugoslavia (2) Switzerland

— Live weight —

0102 90 10 24,432 0 124,192 0102 90 31 21,788 24,432 (1 ) 124,192 0102 90 33 24,432 0 124,192 0102 90 35 21,788 24,432 (1) 124,192 0102 90 37 21,788 24,432 (1) 124,192

— Net weight —

0201 10 10 46,422 0 235,964 0201 10 90 41,397 46,422 0 235,964 0201 20 21 46,422 0 235,964 0201 20 29 41,397 46,422 O 235,964 0201 20 31 37,138 O 188,771 0201 20 39 33,118 37,138 O 188,771 0201 20 51 49,677 55,706 O 283,157 0201 20 59 49,677 55,706 O 283,157 0201 20 90 69,632 0 353,946 0201 30 00 79,650 O 404,864 0206 10 95 79,650 0 404,864 0210 20 10 69,632 353,946 0210 20 90 79,650 404,864 0210 90 41 79,650 404,864 0210 90 90 79,650 404,864 1602 50 10 79,650 404,864 1602 90 61 79,650 404,864

(') In accordance with amended 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 the Commission Regulation (EEC) No 1368/88 (OJ No L 126, 20 . 5. 1988, p. 26).