31991R1411

30 . 5 . 91 Official Journal of the European Communities No L 135/9

COMMISSION REGULATION (EEC) No 1411 /91 of 29 May 1991 fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (c) 25 % where the market price is more than 104 % and less than or equal to 106% of the guide price ; Having regard to the Treaty establishing the European (d) 0 % where the market price is more than 106 % of Economic Community, the guide price ;

Having regard to Council Regulation (EEC) No 805/68 of Whereas, if it is found that the price of adult bovine 27 June 1968 on the common organization of the market animals on representative Community markets is equal to in beef and veal ('), as last amended by Regulation (EEC) or less than the guide price, the levy applicable equals the No 3577/90 (2), and in particular Article 1.2 (8) thereof, following percentage of the basic levy : Having regard to the opinion of the Monetary Committee, (a) 100 % where the market price is more than or equal to 98 % of the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 (b) 105 % where the market price is less than 98 % and a levy is applicable to the products specified in Article 1 more than or equal to 96 % of the guide price ; ( 1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percent­ (c) 110 % where the market price is less than 96 % and age of the basic levy ; more than or equal to 90 % of the guide price ; (d) 114 % where the market price is less than 90 % of Whereas, in respect of the types of frozen meat listed in the guide price ; section (b) of the Annex to the said Regulation under CN codes 0202 10 00 and 0202 20 10, the basic levy is deter­ Whereas the guide prices for adult bovine animals to be mined on the basis of the difference between : applied from 14 May 1990 have been fixed by Council Regulation (EEC) No 1188/90 (5) ; whereas Council Regu­ — the guide price multiplied by a coefficient represent­ lation (EEC) No 1353/91 (6) has extended the 1990/91 ing the ratio existing in the Community between the marketing year for beef and veal until 16 June 1991 ; price of fresh meat of a category competitive with the frozen meat in question, presented in the same form, Whereas the prices fixed by the Council are to be reduced and the average price of adult bovine animals, and in accordance with Commission Regulation (EEC) No — the Community free-at-frontier offer price for frozen 1252/90 of 11 May 1990 establishing the prices and meat, plus the amount of the customs duty and a stan­ amounts fixed in ecus by the Council in the beef and veal dard amount representing the specific costs of the sector and reduced as a result of the monetary realign­ import operations ; ment of 5 January 1990 Q ;

Whereas, by Commission Regulation (EEC) No 586/77 of Whereas the Community free-at-frontier offer price for 18 March 1977 laying down rules for the application of frozen meat is determined by reference to the world the levies on beef and veal and amending Regulation. market price based on the most representative purchasing (EEC) No 950/68 on the Common Customs Tariff (3), as possibilities, as regards quality and quantity, recorded over last amended by Regulation (EEC) No 3988/87 (4), the a certain period preceding the fixing of the basic levy, abovementioned coefficient, calculated in accordance with taking into account in particular : the rules laid down in Article 11 (2) (a) of Regulation (EEC) No 805/68 , has been fixed at 1,69 units of account — foreseeable developments on the market in frozen and the standard amount referred to in Article 1 1 (2) (b) meat, of the said Regulation has been fixed at ECU 6,65 ; — the most representative prices on third country markets for fresh and chilled meat of a category which Whereas, if it is found that the price of adult bovine is competitive with frozen meat, animals on representative Community markets is higher than the guide price, the levy applicable equals the fol­ — past experience ; lowing percentage of the basic levy : Whereas the basic levy on the types of frozen meat listed (a) 75 % where the market price is less than or equal to in section (b) of the Annex to Regulation (EEC) No 102% of the guide price ; 805/68 under CN codes 0202 20 50, 0202 20 90, (b) 50 % where the market price is more than 1 02 % and 0202 30 10, 0202 30 50 and 0202 30 90 is equal to the less than or equal to 104% of the guide price ; basic levy fixed for the products falling within CN codes 0202 10 00 and 0202 20 10, multiplied by a standard

(') OJ No L 148, 28 . 6. 1968, p. 24. (2) OJ No L 353, 17. 12. 1990, p. 23 . O OJ No L 119, 11 . 5. 1990, p. 36. (3) OJ No L 75, 23. 3 . 1977, p. 10 . (6) OJ No L 130, 25. 5 . 1991 , p. 37. (4) OJ No L 376, 31 . 12. 1987, p. 31 . 0 OJ No L 121 , 12. 5. 1990, p. 30 .

No L 135/ 10 Official Journal of the European Communities 30 . 5 . 91

coefficient fixed, for each of the products in question ; prices recorded in the surplus and deficit zones ; whereas whereas these coefficients were fixed in Annex II to the price recorded in the surplus zone is equal to the Regulation (EEC) No 586/77 ; 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 adult bovine animals recorded on the representative markets of Great Britain on the one hand and Northern Ireland on Whereas, for the purpose of fixing the free-at-frontier the other are adjusted by the coefficient fixed in the offer prices, offer prices that do not correspond to real abovementioned Annex II ; purchasing possibilities or that relate to unrepresentative quantities should not be taken into account ; whereas offer prices should also be excluded when the movement of prices in general or the information available gives Whereas prices for the different categories and qualities reason to believe that they are unrepresentative of the true not obtained from prices which are 'live weight excluding trend of prices in the country of origin ; 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, where the free-at-frontier offer price for frozen meat differs by less than one unit of account per 1 00 kilo­ grams from that previously used for the calculation of the Whereas if one or more Member States, for veterinary or levy, the latter price should be retained ; health reasons for example, adopt measures affecting the normal trend of prices recorded on their markets, the Commission may disregard the prices recorded on the market or markets in question, or use the latest prices recorded on the market or markets in question before the Whereas pursuant to Article 12 (6) of Regulation (EEC) entry into force of such measures ; No 805/68 the price of adult bovine animals on represen­ tative Community markets is the price established on the basis of prices recorded over a period to be determined on the representative market or mafkets of each Member Whereas, in the absence of information, prices recorded State for the various categories of adult bovine animals or on representative Community markets are determined of meat from such animals, taking into account the size of mainly by reference to the most recently recorded prices ; each of these categories and the relative size of the bovine herd of each Member State ;

Whereas, for such period as the price of adult bovine animals recorded on representative Community markets differs by less than ECU 0,24 per 100 kilograms of live Whereas the representative markets, categories and quali­ weight from the price previously used, the latter is ties of products and weighting coefficients are fixed in retained ; 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 and the survey of prices of certain other cattle in the Whereas the levies must be so fixed that obligations Community ('), as last amended by Regulation (EEC) No arising from international agreements concluded by the 3784/90 (2) ; Community continue to be fulfilled ;

Whereas Council Regulation (EEC) No 715/90 (•*), as last Whereas, for Member States with several representative amended by Regulation (EEC) No 523/91 (4), lays down markets, the price of each category and quality is equal to the arrangements applicable on agricultural products and the arithmetic mean of the prices recorded on each of certain goods resulting from the processing of agricultural those markets ; for representative markets held several products originating in the African, Caribbean and Pacific times in one period of seven days, the price of each cat­ States or in the overseas countries and territories ; egory 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 quality is equal to the average, weighted by the special weighting coefficients Whereas the various cuts of frozen meat are defined in fixed in Annex II to Regulation (EEC) No 610/77, of the Regulation (EEC) No 586/77 ;

(') OJ No L 77, 25. 3 . 1977, p. 1 . (3) OJ No L 84, 30 . 3 . 1990, p. 85. (2) OJ No L 364, 28 . 12. 1990, p. 21 . (4) OJ No L 58 , 5 . 3 . 1991 , p. 1 .

30 . 5 . 91 Official Journal of the European Communities No L 135/ 11

Whereas, pursuant to Article 33 (2) of Regulation (EEC) a period to be determined, multiplied by the coeffi­ No 805/68, the nomenclature provided for in this Regula­ cient referred to in the preceding indent ; 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 2205/90 (2), — for the other currencies, an exchange rate based on an Article 2 average of the ecu rates published in the Official Journal of the European Communities, C series, over This Regulation shall enter into force on 3 June 1991 .

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

Done at Brussels, 29 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 135/ 12 Official Journal of the European Communities 30 . 5 . 91

ANNEX

to the Commission Regulation of 29 May 1991 fixing the import levies on frozen beef and veal (')

(ECU / 100 kg)

CN code LeVy

— Net weight —

0202 10 00 (■) 198,531 0202 20 10 (') 198,531 0202 20 30 (') 158,825 0202 20 50 (') 248,164 0202 20 90 (,) 297,797 0202 30 10 (') 248,164 0202 30 50 0 248,164 0202 30 90 0 341,473 0206 29 91 0 341,473

(') 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 .