31992R1104

1 . 5. 92 Official Journal of the European Communities No L 117/51

COMMISSION REGULATION (EEC) No 1104/92

of 30 April 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 (a) 100 % where the market price is more than or equal Economic Community, to 98 % of the guide price ;

(b) 105 % where the market price is less than 98 % and Having regard to Council Regulation (EEC) No 805/68 of 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 the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 a levy is applicable to the products specified in Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the Whereas pursuant to Article 10 (4) of Regulation (EEC) amount of the levy applicable by reference to a percen­ No 805/68 the basic levy on the meat specified in tage of the basic levy ; sections (a), (c) and (d) of the Annex hereto is equal to the basic levy determined for bovine animals, multiplied by a standard coefficient fixed for each of the products in Whereas in respect of bovine animals the basic levy is determined on the basis of the difference between the question ; whereas these coefficients are fixed by Commission Regulation (EEC) No 586/77 of 18 March guide price and the Community free-at-frontier offer 1977 laying down rules for the application of levies on price plus the amount of the customs duty ; whereas the beef and veal and amending Regulation (EEC) No 950/68 Community free-at-frontier offer price is determined in on the Common Customs Tariff (3), as last amended by the light of the most representative purchasing possibili­ Regulation (EEC) No 3988/87 (4); ties, as regards quality and quantity, recorded over a certain period for bovine animals and for the fresh or chilled meat specified in section (a) of the Annex to the Whereas the guide prices for adult bovine animals for the said Regulation under CN codes 0201 10 10, 0201 10 90, 1991 /92 marketing year were fixed by Council Regulation 0201 20 11 and 0201 20 19, account being taken in parti­ (EEC) No 1629/91 0 ; whereas Council Regulation (EEC) cular of the position with respect to supply and demand, No 786/92 (*) has extended the 1991 /92 marketing year of world market prices for frozen meat of a category for beef and veal until 31 May 1992 ; which is competitive with fresh or chilled meat and of past experience ; Whereas Regulation (EEC) No 586/77 stipulates that the basic levy is to be calculated according to the method set Whereas if it is found that the price of adult bovine 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 obtaining in those third countries ; (b) 50 % where the market price is more than 102 % and 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 tive quantitities should not be taken into account ; (d) 0 % where the market price is more than 106 % of whereas offer prices should also be excluded when the the guide price ; 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 if it is found that the price of adult bovine animals on representative Community markets is equal to O 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. -O OJ No L 150, 15. 6. 1991 , p. 18 . O OJ No L 150, 15. 6. 1991 , p. 16. O OJ No L 86, 1 . 4. 1992, p. 1 .

No L 117/52 1 . 5. 92 Official Journal of the European Communities

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 Whereas the representative markets, categories and quali­ price should be retained ; ties of products and weighting coefficients are fixed in Annex II to Commission Regulation (EEC) No 610/77 of Whereas pursuant to Article 10 (3) of Regulation (EEC) 18 March 1977 on the determination of prices of adult No 805/68 a special basic levy is determined for certain bovine animals on representative Community markets third countries on the basis of the difference between the and the survey of prices of certain other cattle in the guide price and the average price recorded over a certain Community (4), as last amended by Regulation (EEC) No period plus the amount of the customs duty ; 3071 /91 0 ;

Whereas Commission Regulation (EEC) No 61 1 /77 (*), as Whereas, for Member States with several representative last amended by Regulation (EEC) No 1049/92 (2), markets, the price of each category and quality is equal to provides that the special levy on products originating in the arithmetic mean of the prices recorded on each of and coming from Austria, Sweden and Switzerland should those markets ; whereas, for representative markets held be determined on the basis of the weighted average of the several times in one period of seven days, the price of prices of adult bovine animals recorded on the representa­ each category and quality is equal to the arithmetic mean tive markets of those third countries ; whereas the of the prices recorded on each market day ; whereas in weighting coefficients and representative markets are respect of Italy the price of each category and quantity is specified in the Annexes to Regulation (EEC) No 611 /77 ; equal to the average, weighted by the special weighting coefficients fixed in Annex II to Regulation (EEC) No Whereas Council Decision 92/232/EEC of 1 October 610/77, of the prices recorded in the surplus and deficit 1991 on the conclusion of an Agreement in the form of zones ; whereas the price recorded in the surplus zone is an exchange of letters between the European Economic equal to the arithmetic mean of the prices recorded on Community and the Republic of Austria concerning the each of the markets within that zone ; whereas in respect adjustment of the Community import arrangements of the United Kingdom the weighted average prices of applicable to certain beef and veal sector products origi­ adult bovine animals recorded on the representative markets of Great Britain on the one hand and Northern nating in Austria (3) lays down new provisions on prefe­ rential imports under a separate tariff quota ; whereas this Ireland on the other are adjusted by the coefficient fixed must be taken into account when the levies are fixed ; in the abovementioned Annex II :

Whereas the average price is not to be used for calcula­ Whereas prices for the different categories , and qualities ting the special levy unless it is at least ECU 1,21 per 100 not obtained from prices which are 'live weight excluding kilograms of live weight more than the free-at-frontier tax' are multiplied by the live weight conversion coeffi­ offer price determined in accordance with Article 10 (2) of cients fixed in Annex II to the said Regulation and, in the Regulation (EEC) No 805/68 ; 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 normal trend of prices recorded on their markets the Whereas in cases where one or more of the abovemen­ 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 mainly by reference to the most recently recorded prices ;

(') OJ No L 77, 25. 3. 1977, p. 14. (2) OJ No L 111 , 29. 4. 1992, p. 7. (4) OJ No L 77, 25. 3. 1977, p. 1 . (3) OJ No L 111 , 29 . 4. 1992, p. 16. 0 OJ No L 290, 22. 10. 1991 , p. 19.

1 . 5. 92 Official Journal of the European Communities No L 117/53

whereas for such period as the price of adult bovine shall be charged on imports of certain products origina­ animals recorded on representative Community markets ting in the overseas countries and territories in order to differs by less than ECU 0,24 per 100 kilograms of live prevent products originating from these countries and weight from the price previously used, the latter is territories from receiving more favourable treatment than retained ; similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ;

Whereas the levies must be so fixed that obligations Whereas the various cuts of beef and veal are defined in arising from international agreements concluded by the Regulation (EEC) No 586/77 ; Community continue to be fulfilled ; whereas the levies fixed must be consistent with international agreements Whereas, pursuant to Article 33 (2) of Regulation (EEC) entered into by the Community ; whereas account should No 805/68, the nomenclature provided for in this Regula­ also be taken of Council Regulation (EEC) No 545/92 of tion is incorporated in the combined nomenclature ; 3 February 1992 concerning the arrangements applicable to the import into the Community of products origina­ Whereas the levies and special levies are fixed before the ting in the Republics of Croatia and Slovenia and the 27th day of each month and are applicable from the first Yugoslav Republics of Bosnia-Herzegovina, Macedonia Monday of the following month ; whereas these levies and Montenegro ('), which provides for reductions in the may be altered in the period between two fixings where levies on certain products of the beef and veal sector the basic levy or special basic levy is altered, or in the case imported into the Community ; whereas Commission of changes in the prices recorded on Community repre­ Regulation (EEC) No 859/92 (2) establishes detailed rules sentative markets ; for the importation of these products ;

Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : Whereas Council Regulation (EEC) No 715/90 (3), as last amended by Regulation (EEC) No 444/92 (4), lays down — in the case of currencies which are maintained in rela­ the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural tion to each other at any given moment within a band products originating in the African, Caribbean and Pacific of 2,25 % , a rate of exchange based on their central States : rate, multiplied by the coefficient provided for in the last paragraph of Article 3 (1 ) of Council Regulation (EEC) No 1676/85 (u), as last amended by Regulation (EEC) No 2205/90 (12), Whereas Council Regulations (EEC) No 518/92 (% (EEC) No 519/92 (*) and (EEC) No 520/92 Q of 27 February — for the other currencies, an exchange rate based on 1992 on certain procedures for applying the Interim the ecu rates published in the Official Journal of the Agreements on trade and trade-related matters between European Communities, C series, over a period to be the European Economic Community and the European determined, multiplied by the coefficient referred to Coal and Steel Community, of the one part, and the in the preceding indent ; Republic of Poland, the Republic of Hungary and the Czech and Slovak Federal Republic respectively, of the Whereas, having regard to the provisions of the aforemen­ other part, introduce arrangements for reducing import tioned Regulation, and in particular to the information levies on certain products ; whereas Commission Regula­ and quotations known to the Commission, the levies on tion (EEC) No 981 /92 (8), as amended by Regulation live cattle and beef and veal other than frozen meat (EEC) No 982/92 (9), lays down detailed rules for applying should be as set out in the Annex hereto, the arrangements provided for in these agreements in regards beef ;

HAS ADOPTED THIS REGULATION : Whereas, pursuant to Article 101 (1 ) of Council Decision 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Article 1 Economic Community (10), no levies shall apply on imports of products originating in the overseas countries and territories ; whereas, however, pursuant to Article 101 The import levies on live cattle and beef and veal other than frozen meat shall be as set out in the Annex to the (4) of the abovementioned Decision, a special amount present Regulation.

(') OJ No L 63, 7. 3. 1992, p. 1 . (2) OJ No L 89, 4. 4. 1992, p. 26. O OJ No L 84, 30. 3. 1990, p. 85. Article 2 (4) OJ No L 52, 27. 2. 1992, p. 7. (Ó OJ No L 56, 29. 2. 1992, p. 3. («) OJ No L 56, 29. 2. 1992, p. 6. This Regulation shall enter into force on 4 May 1992. 0 OJ No L 56, 29. 2. 1992, p. 9. (8) OJ No L 104, 22. 4. 1992, p. 34. 0 OJ No L 104, 22. 4. 1992, p. 38 . (") OJ No L 164, 24. 6. 1985, p. 1 . (10) OJ No L 263, 19 . 9. 1991 , p. 1 . H OJ No L 201 , 31 . 7. 1990, p. 9.

No L 117/54 1 . 5. 92 Official Journal of the European Communities

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

Done at Brussels, 30 April 1992.

For the Commission

Ray MAC SHARRY

Member of the Commission

ANNEX

to the Commission Regulation of 30 April 1992 fixing the import levies on live cattle and on beef and veal other than frozen

(ECU/100 kg)

Croatia, Slovenia, Bosnia-Herzegovina, Other third CN code Austria («) Sweden/Switzerland Macedonia, countries (*) Montenegro (3)

— Live weight —

0102 90 10 17,116 0,000 131,663 0)(s) 0102 90 31 23,099 17,116 0,000 131,663 (') 0102 90 33 17,116 0,000 131,663 (') 0102 90 35 23,099 17,116 0,000 131,663 (') 0102 90 37 23,099 17,116 0,000 131,663 (')

— Net weight — \

0201 10 10 32,521 0,000 250,160 (')0 0201 10 90 43,888 32,521 0,000 250,160 (')(*) 0201 20 21 32,521 0,000 250,1 60 ('H5) 0201 20 29 43,888 32,521 0,000 250,160 (')O 0201 20 31 26,017 0,000 200,128 00 0201 20 39 35,110 26,017 0,000 200,128 00 0201 20 51 52,665 39,025 0,000 300,192 (l)O 0201 20 59 52,665 39,025 0,000 300,192(')O 0201 20 90 48,781 0,000 375,240 0 0 0201 30 00 55,799 0,000 429,221 00 0206 10 95 55,799 0,000 429,221 0 0210 20 10 48,781 0,000 375,240 0210 20 90 55,799 0,000 429,221 0210 90 41 55,799 0,000 429,221 0210 90 90 55,799 0,000 429,221 1602 50 10 55,799 0,000 429,221 1602 90 61 55,799 0,000 429,221

(') 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. 0 No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC. (3) This levy is applicable only to products complying with the provisions of the Commission Regulation (EEC) No 859/92. (4) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and Austria (OJ No L 111 , 29. 4. 1992, p. 21 ). (*) Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­ ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Regulation (EEC) No 898/92 have been presented, aTe subject to the levies set out in the Annex to that Regulation. (') Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­ ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Regulation (EEC) No 891 /92 have been presented, are subject to the levies set out in the Annex to that Regulation.