31992R1638

No L 171 /22 Official Journal of the European Communities 26 . 6. 92

COMMISSION REGULATION (EEC) No 1638/92 of 25 June 1992 fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (b) 50 % where the market price is more than 102 % and less than or equal to 104 % of the guide price ; Having regard to the Treaty establishing the European (c) 25 % where the market price is more than 104 % and Economic Community, less than or equal to 106 % of the guide price ;

(d) 0 % where the market price is more than 106 % of Having regard to Council Regulation (EEC) No 805/68 of the guide price ; 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EEC) No 1628/91 (2), and in particular Article 12 (8) thereof, Whereas, if it is found that the price of adult bovine animals on representative Community markets is equal to Whereas under Article 9 of Regulation (EEC) No 805/68 or less than the guide price, the levy applicable equals the a levy is applicable to the products specified in Article 1 following percentage of the basic levy : (1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percent­ (a) 100 % where the market price is more than or equal age of the basic levy ; to 98 % of the guide price ;

(b) 105 % where the market price is less than 98 % and Whereas, in respect of the types of frozen meat listed in more than or equal to 96 % of 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 (c) 110 % where the market price is less than 96 % and mined on the basis of the difference between : more than or equal to 90 % of the guide price ;

— the guide price multiplied by a coefficient represent­ (d) 114 % where the market price is less than 90 % of ing the ratio existing in the Community between the the guide price ; price of fresh meat of a category competitive with the frozen meat in question, presented in the same form, and the average price of adult bovine animals, and Whereas the guide prices for adult bovine animals for the 1992/93 marketing year have been fixed by Council — the Community free-at-frontier offer price for frozen Regulation (EEC) No 1377/92 0 ; meat, plus the amount of the customs duty and a stan­ dard amount representing the specific costs of the import operations ; Whereas the Community free-at-frontier offer price for frozen meat is determined by reference to the world Whereas, by Commission Regulation (EEC) No 586/77 of market price based on the most representative purchasing 18 March 1977 laying down rules for the application of possibilities, as regards quality and quantity, recorded over the levies on beef and veal and amending Regulation a certain period preceding the fixing of the basic levy, (EEC) No 950/68 on the Common Customs Tariff (3), as taking into account in particular : last amended by Regulation (EEC) No 3988/87 (4), the abovementioned coefficient, calculated in accordance with — foreseeable developments on the market in frozen the rules laid down in Article 11 (2) (a) of Regulation meat, (EEC) No 805/68, has been fixed at 1,69 units of account and the standard amount referred to in Article 11 (2) (b) — the most representative prices on third country of the said Regulation has been fixed at ECU 6,65 ; markets for fresh and chilled meat of a category which is competitive with frozen meat, Whereas, if it is found that the price of adult bovine — past experience ; animals on representative Community markets is higher than the guide price, the levy applicable equals the fol­ lowing percentage of the basic levy : Whereas the basic levy on the types of frozen meat listed in section (b) of the Annex to Regulation (EEC) No (a) 75 % where the market price is less than or equal to 805/68 under CN codes 0202 20 50, 0202 20 90, 1 02 % of the guide price ; 0202 30 10, 0202 30 50 and 0202 30 90 is equal to the basic levy fixed for the products falling within CN codes (') OJ No L 148, 28. 6. 1968, p. 24. 0202 1 0 00 and 0202 20 1 0, multiplied by a standard (2) OJ No L 150, 15. 6. 1991 , p. 16. (3) OJ No L 75, 23. 3. 1977, p. 10. (4) OJ No L 376, 31 . 12. 1987, p. 31 . 0 OJ No L 147, 29. 5. 1992, p. 6.

26 . 6 . 92 Official Journal of the European Communities No L 171 /23

coefficient fixed for each of the products in question ; Great Britain on the one hand and Northern Ireland on whereas these coefficients were fixed in Annex II to the other are adjusted by the coefficient fixed in the Regulation (EEC) No 586/77 ; abovementioned Annex II ;

Whereas prices for the different categories and qualities Whereas, for the purpose of fixing the free-at-frontier not obtained from prices which are 'live weight excluding offer prices, offer prices that do not correspond to real tax', are multiplied by the live weight conversion coeffi­ purchasing possibilities or that relate to unrepresentative cients fixed in Annex II to the said Regulation and, in the quantities should not be taken into account ; whereas case of Italy, are first increased or reduced by the correc­ offer prices should also be excluded when the movement tive amounts fixed in the said Annex ; of prices in general or the information available gives reason to believe that they are unrepresentative of the true trend of prices in the country of origin ; 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, where the free-at-frontier offer price for frozen Commission may disregard the prices recorded on the meat differs by less than one unit of account per 100 kilo­ market or markets in question, or use the latest prices grams from that previously used for the calculation of the recorded on the market or markets in question before the levy, the latter price should be retained ; entry into force of such measures ;

Whereas, in the absence of information, prices recorded Whereas pursuant to Article 12 (6) of Regulation (EEC) on representative Community markets are determined No 805/68 the price of adult bovine animals on represen­ mainly by reference to the most recently recorded prices ; tative Community markets is the price established on the basis of prices recorded over a period to be determined on the representative market or markets of each Member State for the various categories of adult bovine animals or Whereas, for such period as the price of adult bovine of meat from such animals, taking into account the size of animals recorded on representative Community markets each of these categories and the relative size of the bovine differs by less than ECU 0,24 per 100 kilograms of live herd of each Member State : weight from the price previously used, the latter is retained ;

Whereas the representative markets, categories and quali­ Whereas Council Regulation (EEC) No 715/90 (3), as last ties of products and weighting coefficients are fixed in amended by Regulation (EEC) No 444/92 (4), lays down Annex II to Commission Regulation (EEC) No 610/77 of the arrangements applicable on agricultural products and 18 March 1977 on the determination of prices of adult certain goods resulting from the processing of agricultural bovine animals on representative Community markets products originating in the African, Caribbean and Pacific and the survey of prices of certain other cattle in the States : Community ('), as last amended by Regulation (EEC) No 1615/92 (2);

Whereas Council Regulations (EEC) No 518/92 0, (EEC) No 519/92 (6) and (EEC) No 520/92 Q of 27 February Whereas, for Member States with several representative 1992 on certain procedures for applying the Interim markets, the price of each category and quality is equal to Agreements on trade and trade-related matters between the arithmetic mean of the prices recorded on each of the European Economic Community and the European those markets ; for representative markets held several Coal and Steel Community, of the one part, and the times in one period of seven days, the price of each cat­ Republic of Poland, the Republic of Hungary and the egory and quality is equal to the arithmetic mean of the Czech and Slovak Federal Republic respectively, of the prices recorded on each market day ; whereas in respect of other part, introduce arrangements for reducing import Italy the price of each category and quality is equal to the levies on certain products ; whereas Commission Regula­ average, weighted by the special weighting coefficients tion (EEC) No 898/92 (8), as amended by Regulation fixed in Annex II to Regulation (EEC) No 610/77, of the (EEC) No 1265/92 (9), lays down detailed rules for prices recorded in the surplus and deficit zones ; whereas applying the arrangements provided for in these agree­ the price recorded in the surplus zone is equal to the ments as regards beef and veal ; arithmetic mean of the prices recorded on each of the markets within that zone ; whereas in respect of the (3) OJ No L 84, 30 . 3 . 1990, p. 85. United Kingdom the weighted average prices of adult (4) OJ No L 52, 27. 2. 1992, p. 7. bovine animals recorded on the representative markets of 0 OJ No L 56, 29 . 2. 1992, p. 3 . (4) OJ No L 56, 29 . 2. 1992, p. 6. 0 OJ No L 56, 29. 2. 1992, p. 9. (') OJ No L 77, 25. 3. 1977, p. 1 . (8) OJ No L 95, 9. 4. 1992, p. 44. (2) OJ No L 170, 25. 6. 1992, p. 16. 0 OJ No L 135, 19 . 5. 1992, p. 6 .

No L 171 /24 Official Journal of the European Communities 26. 6. 92

Whereas, pursuant to Article 101 (1 ) of Council Decision — in the case of currencies which are maintained in rela­ 91 /482/EEC of 25 July 1991 on the association of the tion to each other at any given moment within a band overseas countries and territories with the European of 2,25 % , a rate of exchange based on their central Economic Community ('), no levies shall apply on rate, multiplied by the corrective factor provided for in imports of products originating in the overseas countries the last paragraph of Article 3 (1 ) of Council Regula­ and territories ; whereas, however, pursuant to Article 101 tion (EEC) No 1676/85 (2), as last amended by Regula­ (4) of the abovementioned Decision, a special amount tion (EEC) No 2205/90 (3), shall be charged on imports of certain products origina­ — for the other currencies, an exchange rate based on an ting in the overseas countries and territories in order to average of the ecu rates published in the Official prevent products originating from these countries and Journal of the European Communities, C series, over territories from receiving more favourable treatment than a period to be determined, multiplied by the coeffi­ similar products imported from Spain or Portugal into the cient referred to in the preceding indent ; Community as constituted on 31 December 1985 ; Whereas, having regard to the provisions of the aforemen­ Whereas the various cuts of frozen meat are defined in tioned Regulations, and in particular to the information Regulation (EEC) No 586/77 ; and quotations known to the Commission, the levies on frozen beef and veal should be as set out in the Annex Whereas, pursuant to Article 33 (2) of Regulation (EEC) hereto, No 805/68, the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ; HAS ADOPTED THIS REGULATION : Whereas the levies are fixed before the 27th day of each month and are applicable from the first Monday of the Article 1 following month ; whereas these levies may be altered in the period between two fixings where the basic levy is The import levies on frozen beef and veal shall be as set altered, or in these case of changes in the prices recorded out in the Annex . on Community representative markets ; Article 2 Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : This Regulation shall enter into force on 6 July 1992.

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

Done at Brussels, 25 June 1992.

For the Commission Ray MAC SHARRY Member of the Commission

0 OJ No L 164, 24. 6. 1985, p. 1 . (') OJ No L 263, 19. 9. 1991 , p. 1 . O OJ No L 201 , 31 . 7. 1990, p. 9.

26. 6 . 92 Official Journal of the European Communities No L 171 /25

ANNEX

to the Commission Regulation of 25 June 1992 fixing the import levies on frozen beef and veal (') (2)

(ECU / 100 kg)

CN code Levy

— Net weight —

0202 10 00 184,851 (3) 0202 20 10 184,851 (3) 0202 20 30 147,881 (3) 0202 20 50 231,064 (3) 0202 20 90 277,277 (3) 0202 30 10 231,064 (3) 0202 30 50 231,064 (3) 0202 30 90 31 7,944 (3) 0206 29 91 317,944

(') 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. (2) No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. (J) 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, are subject to the levies set out in the Annex to that Regulation.