31993R0172

30 . 1 . 93 Official Journal of the European Communities No L 22/29

COMMISSION REGULATION (EEC) No 172/93 of 29 January 1993 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 125/93 (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 (4); 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 Whereas the guide prices for adult bovine animals for the cular of the position with respect to supply and demand, 1992/93 marketing year were fixed by Council Regulation of world market prices for frozen meat of a category (EEC) No 1377/92 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 animals on representative Community markets is higher out in its Article 3 and on the basis of all the representa­ 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 quantities 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. 1 977, p. 10. (') OJ No L 148, 28. 6. 1968, p. 24. (4) OJ No L 370, 19. 12. 1992, p. 16. O OJ No L 18, 27. 1 . 1993, p. 1 . O OJ No L 147, 29. 5. 1992, p. 6.

No L 22/30 Official Journal of the European Communities 30 . 1 . 93

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 100 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 ; 1615/92 0 ;

Whereas Commission Regulation (EEC) No 611 /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 on representative Community markets are determined tative Community markets is the price established on the 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. M OJ No L 170, 25. 6. 1992, p. 16.

30 . 1 . 93 Official Journal of the European Communities No L 22/31

Whereas for such period as the price of adult bovine tion (EEC) No 3589/92 (6) lays down detailed rules for animals recorded on representative Community markets applying the arrangements provided for in these agree­ differs by less than ECU 0,24 per 100 kilograms of live ments in regards beef ; weight from the price previously used, the latter is retained ; 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 Economic Community Q, no levies shall apply on Whereas the levies must be so fixed that obligations imports of products originating in the overseas countries arising from international agreements concluded by the and territories ; Whereas the various cuts of beef and veal Community continue to be fulfilled ; whereas the levies fixed must be consistent with international agreements are defined in Regulation (EEC) No 586/77 ; entered into by the Community ; whereas account should also be taken of Council Regulation (EEC) No 3953/92 of 21 December 1992 concerning the arrangements appli­ Whereas, pursuant to Article 33 (2) of Regulation (EEC) cable to the import into the Community of products No 805/68, the nomenclature provided for in this Regula­ originating in the Republics of Bosnia-Herzegovina, tion is incorporated in the combined nomenclature ; Croatia and Slovenia and the former Yugoslav Republic of Macedonia, which provides for reductions in the levies on Whereas the levies and special levies are fixed before the certain products of the beef and veal sector imported into 27th day of each month and are applicable from the first the Community ; whereas Commission Regulation (EEC) Monday of the following month ; whereas these levies No 185/93 establishes detailed rules for the importation may be altered in the period between two fixings where of these products ; 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 declarations have been submitted by both the Whereas the representative market rates defined in Article Czech Republic and the Slovak Republic informing the 1 of Council Regulation (EEC) No 3813/92 (8) are used to Communities that both the Czech Republic and the convert amounts expressed in third country currencies Slovak Republic continue to assume all the obligations and are used as the basis for determining the agricultural deriving, inter alia, from the Interim Agreement between the Communities and the Czech and Slovak Federal conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ Republic upon the dissolution of the latter on 31 tion of these conversions were set by Commission Regu­ December 1992 and in consequence the concession lation (EEC) No 3819/92 (9); provided in the Interim Agreement should be accorded without distinction to products originating in the Czech Republic or in the Slovak Republic ; Whereas, having regard to the provisions of the aforemen­ tioned Regulation, and in particular to the information and quotations known to the Commission, the levies on live cattle and beef and veal other than frozen meat Whereas Council Regulation (EEC) No 715/90 ('), as last should be as set out in the Annex hereto, 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 products originating in the African, Caribbean and Pacific States ; HAS ADOPTED THIS REGULATION :

Article 1 Whereas Council Regulations (EEC) No 51 8/92 (3), (EEC) No 519/92 (4) and (EEC) No 520/92 0 of 27 February The import levies on live cattle and beef and veal other 1992 on certain procedures for applying the Interim than frozen meat shall be as set out in the Annex to the Agreements on trade and trade-related matters between present 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 Article 2 other part, introduce arrangements for reducing import levies on certain products ; whereas Commission Regula­ This Regulation shall enter into force on 1 February 1993.

(') See page 70 of this Official Journal. 0 OJ No L 84, 30. 3. 1990, p. 85. (6) OJ No L 56, 29. 2. 1992, p. 9. 0 OJ No L 36, 8 . 2. 1991 , p. 9. O OJ No L 364, 12. 12. 1992, p. 28 , (4) OJ No L 56, 29. 2. 1992, p. 3. O OJ No L 263, 19. 9. 1991 , p. 1 . O OJ No L 56, 29. 2. 1992, p. 6. O OJ No L 387, 31 . 12. 1992, p. 1 .

No L 22/32 Official Journal of the European Communities 30 . 1 . 93

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

Done at Brussels, 29 January 1993.

For the Commission Rene STEICHEN Member of the Commission

ANNEX

to the Commission Regulation of 29 January 1993 fixing the import levies on live cattle and on beef and veal other than frozen

(ECU/100 kg) Croatia / Slovenia / CN code Bosnia-Herzegovina / Austria (4) Sweden/Switzerland Other third countries (l) former Yugoslav Republic of Macedonia (')

— Live weight —

0102 90 05 — 17,469 34,829 134,374 (') 0102 90 21 — 17,469 34,829 134,374 (') 0102 90 29 — 17,469 34,829 1 34,374 (') 0102 90 41 — 17,469 34,829 134,374 (') 0102 90 49 — 17,469 34,829 1 34,374 (') 0102 90 51 23,574 17,469 34,829 134,374 (') 0102 90 59 23,574 17,469 • 34,829 134,374 (') 0102 90 61 — 17,469 34,829 134,374 (') 0102 9069 — 17,469 34,829 134,374 (') 0102 90 71 23,574 17,469 34,829 134,374 (') 0102 90 79 23,574 17,469 34,829 134,374 (')

— Net weight —

0201 10 00 44,791 33,190 66,176 255,311 (') 0 0201 20 20 44,791 33,190 66,176 255,311 00 0201 20 30 35,833 26,552 52,940 204,248 0 0 0201 20 50 53,750 39,828 79,411 306,373 0 0 0201 20 90 — 49,786 99,263 382,966 00 0201 30 00 — 56,948 113,544 438,060 0 0 0206 10 95 — 56,948 113,544 438,060 0 0210 20 10 — 49,786 99,263 382,966 0210 20 90 — 56,948 113,544 438,060 0210 90 41 — 56,948 113,544 438,060 0210 90 90 — 56,948 113,544 438,060 1602 50 10 — 56,948 113,544 438,060 1602 90 61 — 56,948 113,544 438,060

(') 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 tcf OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. (!) This levy is applicable only to products complying with the provisions of Commission Regulation (EEC) No 185/93. (4) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and Austria (OJ No L 1 1 1 , 29. 4. 1 992, p. 21 ). 0 Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agreements 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.