31992R3854

No L 390/62 Official Journal of the European Communities 31 . 12 . 92

COMMISSION REGULATION (EEC) No 3854/92 of 29 December 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 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 3661 /92 (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 3661 /92 ; chilled meat specified in section (a) of the Annex to the said Regulation under CN codes 0201 10 00, 0201 10 90, 0201 20 20 to 0201 20 50, account being taken in parti­ cular of the position with respect to supply and demand, Whereas the guide prices for adult bovine animals for the of world market prices for frozen meat of a category 1992/93 marketing year were fixed by Council Regulation (EEC) No 1 377/92 (4) ; 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 animals on representative Community markets is higher out in its Article 3 and on the basis of all the representa­ than the guide price, the levy applicable equals the follo­ tive free-at-frontier offer prices of the Community deter­ wing percentage of the basic levy : mined for the products of each of the categories and cuts specified in Article 2 and established principally by (a) 75 % where the market price is less than or equal to reference to the prices specified in the customs docu­ 102 % of the guide price ; ments accompanying products imported from third coun­ 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 1 04 % of the guide price ; (c) 25 % where the market price is more than 104 % and less than or equal to 106 % of the guide price ; Whereas, however, offer prices that do not correspond to (d) 0 % where the market price is more than 106 % of real purchasing possibilities or that relate to unrepresenta­ the guide price ; tive quantitities should not be taken into account : whereas offer prices should also be excluded when the movement of prices in general or the information avai­ Whereas if it is found that the price of adult bovine lable suggests that they are unrepresentative of the true animals on representative Community markets is equal to trend of prices in the country of origin ;

(') OJ No L 148, 28 . 6. 1968 , p . 24. 0 OJ No L 75, 23 . 3 . 1977, p. 10. (2) OJ No L 370, 19 . 12. 1992, p. 16. (4) OJ No L 147, 29 . 5. 1992, p. 6.

31 . 12 . 92 Official Journal of the European Communities No L 390 /63

Whereas in cases where for one or more categories of Whereas pursuant to Article 12 (6) of Regulation (EEC) bovine animals or cuts of meat a free-at-frontier offer No 805/68 the price of adult bovine animals on represen­ price cannot be established, the most recent available tative Community markets is the price established on the price should be used for the calculation ; basis of prices recorded over a period to be determined on 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 Whereas if the free-at-frontier offer price differs by less account the size of each of these categories and the rela­ than ECU 0,60 per 100 kilograms of live weight from that tive size of the bovine herd of each Member State ; previously used for the calculation of the levy, the latter price should be retained ;

Whereas pursuant to Article 10 (3) of Regulation (EEC) Whereas the representative markets, categories and quali­ No 805/68 a special basic levy is determined for certain ties of products and weighting coefficients are fixed in third countries on the basis of the difference between the Annex II to Commission Regulation (EEC) No 610/77 of guide price and the average price recorded over a certain 18 March 1977 on the determination of prices of adult period plus the amount of the customs duty ; bovine animals on representative Community markets and the survey of prices of certain other cattle in the Community (4), as last amended by Regulation (EEC) No Whereas Commission Regulation (EEC) No 611 /77 ('), as 1615/92 0 ; last amended by Regulation (EEC) No 1 049/92 (2), provides that the special levy on products originating in and coming from Austria, Sweden and Switzerland should be determined on the basis of the weighted average of the prices of adult bovine animals recorded on the representa­ Whereas, for Member States with several representative tive markets of those third countries ; whereas the markets, the price of each category and quality is equal to weighting coefficients and representative markets are the arithmetic mean of the prices recorded on each of specified in the Annexes to Regulation (EEC) No 611 /77 ; those markets ; whereas, for representative markets held several times in one period of seven days, the price of each category and quality is equal to the arithmetic mean Whereas Council Decision 92/232/ EEC of 1 October of the prices recorded on each market day ; whereas in 1991 on the conclusion of an Agreement in the form of respect of Italy the price of each category and quantity is an exchange of letters between the European Economic equal to the average, weighted by the special weighting Community and the Republic of Austria concerning the coefficients fixed in Annex II to Regulation (EEC) No adjustment of the Community import arrangements 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price recorded in the surplus zone is applicable to certain beef and veal sector products origi­ equal to the arithmetic mean of the prices recorded on nating in Austria (3) lays down new provisions on prefe­ each of the markets within that zone ; whereas in respect rential imports under a separate tariff quota ; whereas this must be taken into account when the levies are fixed : 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 the other are adjusted by the coefficient fixed Whereas the average price is not to be used for calcula­ in the abovementioned Annex II : ting the special levy unless it is at least ECU 1,21 per 100 kilograms of live weight more than the free-at-frontier offer price determined in accordance with Article 10 (2) of Regulation (EEC) No 805/68 ; Whereas prices for the different categories and qualities not obtained from prices which are 'live weight excluding Whereas if the average price differs by less than ECU 0,60 tax' are multiplied by the live weight conversion coeffi­ per 100 kilograms of live weight from that previously cients fixed in Annex II to the said Regulation and, in the used to calculate the levy, the latter may be retained ; case of Italy, are first increased or reduced by the correc­ tive amounts fixed in the said Annex ;

Whereas in cases where one or more of the abovemen­ tioned third countries adopt, for reasons of health for example, measures affecting the prices recorded on their markets, the Commission may use the latest prices Whereas if one or more Member States, for veterinary or recorded before the entry into force of such measures ; health reasons for example, adopt measures affecting the normal trend of prices recorded on their markets the (') OJ No L 77, 25. 3 . 1977, p . 14. 0 OJ No L 111 , 29. 4. 1992, p. 7. 0 OJ No L 77, 25. 3 . 1977, p. 1 . 0 OJ No L 111 , 29 . 4. 1992, p. 16. 0 OJ No L 170, 25. 6. 1992, p. 16.

No L 390 / 64 Official Journal of the European Communities 31 . 12 . 92

Commission may disregard the prices recorded on the overseas countries and territories with the European market or markets in question, or use the latest prices Economic Community (8), no levies shall apply on recorded on the market or markets in question before the imports of products originating in the overseas countries entry into force of such measures ; and territories ; Whereas the various cuts of beef and veal

are defined in Regulation (EEC) No 586/77 ;

Whereas, in the absence of information, prices recorded on representative Community markets are determined Whereas, pursuant to Article 33 (2) of Regulation (EEC) mainly by reference to the most recently recorded prices ; No 805/68 , the nomenclature provided for in this Regula­ tion is incorporated in the combined nomenclature ;

Whereas for such period as the price of adult bovine Whereas the levies and special levies are fixed before the animals recorded on representative Community markets 27th day of each month and are applicable from the first differs by less than ECU 0,24 per 100 kilograms of live Monday of the following month ; whereas these levies weight from the price previously used, the latter is may be altered in the period between two fixings where retained ; the basic levy or special basic levy is altered, or in the case of changes in the prices recorded on Community repre­ sentative markets ;

Whereas the levies must be so fixed that obligations Whereas the representative market rates defined in Article arising from international agreements concluded by the 1 of Council Regulation (EEC) No 3813/92 f) are used to Community continue to be fulfilled ; whereas the levies convert amounts expressed in third country currencies fixed must be consistent with international agreements and are used as the basis for determining the agricultural entered into by the Community ; conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ tion of these conversions were set by Commission Regu­ Whereas Council Regulation (EEC) No 715/90 ('), as last lation (EEC) No 3819/92 (10) ; amended by Regulation (EEC) No 297/91 (2), lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural Whereas, having regard to the provisions of the aforemen­ products originating in the African, Caribbean and Pacific tioned Regulation, and in particular to the information States : and quotations known to the Commission, the levies on live cattle and beef and veal other than frozen meat should be as set out in the Annex hereto,

Whereas Council Regulations (EEC) No 518 /92 (3), (EEC) No 519/92 (4) and (EEC) No 520/92 (5) of 27 February 1992 on certain procedures for applying the Interim Agreements on trade and trade-related matters between HAS ADOPTED THIS REGULATION : the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, the Republic of Hungary and the Czech and Slovak Federal Republic respectively, of the other part, introduce arrangements for reducing import Article 1 levies on certain products ; whereas Commission Regula­ tion (EEC) No 98 1 /92 (6), as amended by Regulation (EEC) No 982/92 (7), lays down detailed rules for applying The import levies on live cattle and beef and veal other the arrangements provided for in these agreements in than frozen meat shall be as set out in the Annex to the regards beef ; present Regulation .

Whereas, pursuant to Article 101 ( 1 ) of Council Decision 91 /482/EEC of 25 July 1991 on the association of the Article 2

(') OJ No L 84, 30 . 3. 1990, p. 85. (2) OJ No L 36, 8 . 2. 1991 , p. 9 . This Regulation shall enter into force on 4 January 1993. O OJ No L 56, 29. 2. 1992, p. 3 . (4) OJ No L 56, 29. 2. 1992, p. 6. (5) OJ No L 56, 29 . 2. 1992, p. 9 . (8) OJ No L 263, 19 . 9 . 1991 , p. 1 . O OJ No L 104, 22. 4. 1992, p. 34. O OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 104, 22. 4. 1992, p. 38 . H OJ No L 387, 31 . 12. 1992.

31 . 12. 92 No L 390/65 Official Journal of the European Communities

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

Done at Brussels, 29 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 29 December 1992 fixing the import levies on live cattle and on beef and veal other than frozen

(ECU/100 kg) CN code Austria (■') Sweden/Switzerland countries'^

— Live weight —

0102 90 05 17,469 23,054 1 34,374 (') 0102 90 21 17,469 23,054 134,374 (') 0102 90 29 17,469 23,054 1 34,374 (') 0102 90 41 17,469 23,054 134,374 (') 0102 90 49 17,469 23,054 1 34,374 (') 010290 51 17,469 23,054 134,374 ( ! ) 0102 90 59 17,469 23,054 1 34,374 (') 0102 90 61 17,469 23,054 134,374 (') 0102 90 69 17,469 23,054 1 34,374 (') 0102 90 71 17,469 23,054 134,374 (') 0102 90 79 17,469 23,054 1 34,374 (')

— Net weight —

0201 10 00 33,190 43,803 255,31 1 (4) 0201 20 20 33,190 43,803 255,31 1 (4) 0201 20 30 26,552 35,042 204,248 (4) 0201 20 50 39,828 52,563 306,373 (4) 0201 20 90 49,786 65,705 382,966 (4) 0201 30 00 56,948 75,157 438,060 (4) 0206 10 95 56,948 75,157 438,060 0210 20 10 49,786 65,705 382,966 0210 20 90 56,948 75,157 438,060 0210 90 41 56,948 75,157 438,060 0210 90 90 56,948 75,157 438,060 1602 50 10 56,948 75,157 438,060 1602 90 61 56,948 75,157 438,060

(') 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 . C) 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 ). (4) 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 .