31992R0449

No L 52/ 18 Official Journal of the European Communities 27. 2. 92

COMMISSION REGULATION (EEC) No 449/92 of 26 February 1992 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 more than or equal to 96 % of the guide price ; 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EEC) (c) 110 % where the market price is less than 96 % and No 1628/91 (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 Whereas under Article 9 of Regulation (EEC) No 805/68 the guide price ; a levy is applicable to the products specified in Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percen­ tage of the basic levy ; Whereas pursuant to Article 10 (4) of Regulation (EEC) No 805/68 the basic levy on the meat specified in sections (a), (c) and (d) of the Annex hereto is equal to the Whereas in respect of bovine animals the basic levy is basic levy determined for bovine animals, multiplied by a determined on the basis of the difference between the standard coefficient fixed for each of the products in guide price and the Community free-at-frontier offer question ; whereas these coefficients are fixed by price plus the amount of the customs duty ; whereas the Commission Regulation (EEC) No 586/77 of 18 March Community free-at-frontier offer price is determined in 1977 laying down rules for the application of levies on the light of the most representative purchasing possibili­ beef and veal and amending Regulation (EEC) No 950/68 ties, as regards quality and quantity, recorded over a on the Common Customs Tariff (3), as last amended by certain period for bovine animals and for the fresh or Regulation (EEC) No 3988/87 (4); 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 guide prices for adult bovine animals for the cular of the position with respect to supply and demand, 1991 /92 marketing year were fixed by Council Regulation of world market prices for frozen meat of a category (EEC) No 1629/91 0 ; which is competitive with fresh or chilled meat and of past experience ; Whereas Regulation (EEC) No 586/77 stipulates that the Whereas if it is found that the price of adult bovine basic levy is to be calculated according to the method set out in its Article 3 and on the basis of all the representa­ animals on representative Community markets is higher tive free-at-frontier offer prices of the Community deter­ than the guide price, the levy applicable equals the follo­ mined for the products of each of the categories and cuts wing percentage of the basic levy : specified in Article 2 and established principally by reference to the prices specified in the customs docu­ (a) 75 % where the market price is less than or equal to ments accompanying products imported from third coun­ 102 % of the guide price ; tries or from other information concerning export prices (b) 50 % where the market price is more than 102 % and obtaining in those third countries ; less than or equal to 104 % of the guide price ; (c) 25 % where the market price is more than 104 % and Whereas, however, offer prices that do not correspond to less than or equal to 106 % of the guide price ; real purchasing possibilities or that relate to unrepresenta­ (d) 0 % where the market price is more than 106 % of tive quantitities should not be taken into account ; the guide price ; 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 Whereas if it is found that the price of adult bovine trend of prices in the country of origin ; animals on representative Community markets is equal to

(3) OJ No L 75, 23. 3. 1977, p. 10. (') OJ No L 148 , 28 . 6. 1968, p. 24. 0 OJ No L 376, 31 . 12. 1987, p. 31 . 2) OJ No L 150, 15. 6. 1991 , p. 16. 0 OJ No L 150, 15. 6. 1991 , p. 18 .

27. 2. 92 No L 52/19 Official Journal of the European Communities

Whereas in cases where for one or more categories of Annex II to Commission Regulation (EEC) No 610/77 of bovine animals or cuts of meat a free-at-frontier offer 18 March 1977 on the determination of prices of adult price cannot be established, the most recent available bovine animals on representative Community markets price should be used for the calculation ; and the survey of prices of certain other cattle in the Community (3), as last amended by Regulation (EEC) No 3071 /91 (4) ; Whereas if the free-at-frontier offer price differs by less than ECU 0,60 per 100 kilograms of live weight from that previously used for the calculation of the levy, the latter price should be retained ; Whereas, for Member States with several representative markets, the price of each category and quality is equal to the arithmetic mean of the prices recorded on each of Whereas pursuant to Article 10 (3) of Regulation (EEC) those markets ; whereas, for representative markets held No 805/68 a special basic levy is determined for certain several times in one period of seven days, the price of third countries on the basis of the difference between the each category and quality is equal to the arithmetic mean guide price and the average price recorded over a certain of the prices recorded on each market day ; whereas in period plus the amount of the customs duty ; respect of Italy the price of each category and quantity is equal to the average, weighted by the special weighting coefficients fixed in Annex II to Regulation (EEC) No Whereas Commission Regulation (EEC) No 61 1 /77 ('), as 610/77, of the prices recorded in the surplus and deficit amended by Regulation (EEC) No 925/77 (2), provides zones ; whereas the price recorded in the surplus zone is that the special levy on products originating in and equal to the arithmetic mean of the prices recorded on coming from Austria, Sweden and Switzerland should be each of the markets within that zone ; whereas in respect determined on the basis of the weighted average of the of the United Kingdom the weighted average prices of prices of adult bovine animals recorded on the representa­ adult bovine animals recorded on the representative tive markets of those third countries ; whereas the markets of Great Britain on the one hand and Northern weighting coefficients and representative markets are Ireland on the other are adjusted by the coefficient fixed specified in the Annexes to Regulation (EEC) No 611 /77 ; in the abovementioned Annex II ;

Whereas the average price is not to be used for calcula­ ting the special levy unless it is at least ECU 1,21 per 100 Whereas prices for the different categories and qualities kilograms of live weight more than the free-at-frontier not obtained from prices which are 'live weight excluding offer price determined in accordance with Article 10 (2) of tax' are multiplied by the live weight conversion coeffi­ Regulation (EEC) No 805/68 ; 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 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 if one or more Member States, for veterinary or health reasons for example, adopt measures affecting the Whereas in cases where one or more of the abovemen­ normal trend of prices recorded on their markets the Commission may disregard the prices recorded on the tioned third countries adopt, for reasons of health for market or markets in question, or use the latest prices example, measures affecting the prices recorded on their recorded on the market or markets in question before the markets, the Commission may use the latest prices entry into force of such measures ; recorded before the entry into force of such measures ;

Whereas pursuant to Article 12 (6) of Regulation (EEC) No 805/68 the price of adult bovine animals on represen­ Whereas, in the absence of information, prices recorded tative Community markets is the price established on the on representative Community markets are determined basis of prices recorded over a period to be determined on mainly by reference to the most recently recorded prices ; the representative market or markets of each Member State in respect of the various categories of adult bovine 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 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 :

(') OJ No L 77, 25. 3. 1977, p. 14. (3) OJ No L 77, 25. 3. 1977, p. 1 . 0 OJ No L 109, 30. 4. 1977, p. 1 . (4) OJ No L 290, 22. 10. 1991 , p. 19.

No L 52/20 Official Journal of the European Communities 27. 2. 92

Whereas the levies must be so fixed that obligations Whereas, if the levy system is to operate normally, levies arising from international agreements concluded by the should be calculated on the following basis : Community continue to be fulfilled ; — in the case of currencies which are maintained in rela­ Whereas Council Regulation (EEC) No 715/90 ('), as last tion to each other at any given moment within a band amended by Regulation (EEC) No 523/91 (2), lays down of 2,25 % , a rate of exchange based on their central the arrangements applicable on agricultural products and rate, multiplied by the coefficient provided for in the certain goods resulting from the processing of agricultural last paragraph of Article 3 (1 ) of Council Regulation products originating in the African, Caribbean and Pacific (EEC) No 1 676/85 (4), as last amended by Regulation States or in the overseas countries and territories ; (EEC) No 2205/90 Q, Whereas, pursuant to Article 101 (1 ) of Council Decision — for the other currencies, an exchange rate based on 91 /482/EEC of 25 July 1991 on the association of the the ecu rates published in the Official Journal of the overseas countries and territories with the European European Communities, C series, over a period to be Economic Community (3), no levies shall apply on determined, multiplied by the coefficient referred to imports of products originating in the overseas countries in the preceding indent ; and territories ; whereas, however, pursuant to Article 101 (4) of the abovementioned Decision, a special amount Whereas, having regard to the provisions of the aforemen­ shall be charged on imports of certain products origina­ tioned Regulation, and in particular to the information ting in the overseas countries and territories in order to and quotations known to the Commission, the levies on prevent products originating from these countries and live cattle and beef and veal other than frozen meat territories from receiving more favourable treatment than should be as set out in the Annex hereto, similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ;

Whereas the various cuts of beef and veal are defined in HAS ADOPTED THIS REGULATION : Regulation (EEC) No 586/77 ;

Whereas, pursuant to Article 33 (2) of Regulation (EEC) Article 1 No 805/68, the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ; 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 levies and special levies are fixed before the 27th day of each month and are applicable from the first present Regulation. Monday of the following month ; whereas these levies may be altered in the period between two fixings where Article 2 the basic levy or special basic levy is altered, or in the case of changes in the prices recorded on Community repre­ sentative markets ; This Regulation shall enter into force on 2 March 1992.

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

Done at Brussels, 26 February 1992.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 84, 30. 3. 1990, p. 85. 0 OJ No L 149, 14. 6. 1991 , p. 29. (4) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 263, 19. 9. 1991 , p. 1 . (Ó OJ No L 201 , 31 . 7. 1990, p. 9.

27. 2. 92 No L 52/21 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 26 February 1992 fixing the import levies on live cattle and on beef and veal other than frozen (')

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

— Live weight —

0102 90 10 17,790 0) 131,663 0102 90 31 17,790 0) 131,663 0102 90 33 17,790 0)131,663 0102 90 35 17,790 0) 131,663 0102 90 37 17,790 0) 131,663

— Net weight —

0201 10 10 33,801 0)250,160 0201 10 90 33,801 (') 250,160 0201 20 21 33,801 0)250,160 0201 20 29 33,801 (') 250,1 60 0201 20 31 27,041 0)200,128 0201 20 39 27,041 (') 200,128 0201 20 51 40,560 0)300,192 0201 20 59 40,560 0)300,192 0201 20 90 50,700 (') 375,240 0201 30 00 57,994 (') 429,221 020610 95 57,994 (>) 429,221 0210 20 10 50,700 375,240 0210 20 90 57,994 429,221 0210 90 41 57,994 429,221 0210 90 90 57,994 429,221 1602 50 10 57,994 429,221 1602 90 61 57,994 429,221

(') 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. 0) No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.