31993R0705

27. 3 . 93 Official Journal of the European Communities No L 74/ 17

COMMISSION REGULATION (EEC) No 705/93 of 26 March 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) No 1 25/93 (2), and in particular Article 12 (8) thereof, (c) 110 % where the market price is less than 96 % and more than or equal to 90 % of the guide price ;

Whereas, pursuant to Article 9 of Regulation (EEC) No (d) 114 % where the market price is less than 90 % of 805/68, a levy is applicable to the products specified in the guide price ; Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a percentage 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 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 which is competitive with fresh or chilled meat and of (EEC) No 1377192 (s) ; whereas Council Regulation (EEC) past experience ; No 660/93 (6) has extended the 1992/93 marketing year for beef and veal until 30 June 1993 ;

Whereas if it is found that the price of adult bovine animals on representative Community markets is higher Whereas Regulation (EEC) No 586/77 stipulates that the than the guide price, the levy applicable equals the fol­ basic levy is to be calculated according to the method set lowing percentage of the basic levy : out in its Article 3 and on the basis of all the representa­ tive free-at-frontier offer prices of the Community deter­ (a) 75 % where the market price is less than or equal to mined for the products of each of the categories and cuts 102 % of the guide price ; specified in Article 2 and established principally by (b) 50 % where the market price is more than 102 % and reference to the prices specified in the customs docu­ less than or equal to 104 % of the guide price ; ments accompanying products imported from third coun­ tries or from other information concerning export prices (c) 25 % where the market price is more than 104 % and obtaining in those third countries ; less than or equal to 106 % of the guide price ; (d) 0 % where the market price is more than 106 % of the guide price ; Whereas, however, offer prices that do not correspond to real purchasing possibilities or that relate to unrepresenta­ tive quantities should not be taken into account ; whereas Whereas if it is found that the price of adult bovine animals on representative Community markets is equal to P) OJ No L 75, 23. 3. 1977, p. 10. (4) OJ No L 370, 19 . 12. 1992, p. 16 . (') OJ No L 148, 28 . 6. 1968, p. 24. (Ó OJ No L 147, 29. 5. 1992, p. 6. 0 OJ No L 18, 27. 1 . 1993, p. 1 . (6) OJ No L 71 , 24. 3. 1993, p. 1 .

No L 74/ 18 Official Journal of the European Communities 27 . 3 . 93

offer prices should also be excluded when the movement whereas pursuant to Article 12 (6) of Regulation (EEC) of prices in general or the information available suggests No 805/68 the price of adult bovine animals on represen­ that they are unrepresentative of the true trend of prices tative Community markets is the price established on the in the country of origin ; 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 Whereas in cases where for one or more categories of animals or of meat from such animals, after taking into bovine animals or cuts of meat a free-at-frontier offer account the size of each of these categories and the rela­ price cannot be established, the most recent available tive size of the bovine herd of each Member State ; price should be used for the calculation ;

Whereas if the free-at-frontier offer price differs by less than ECU 0,60 per 100 kilograms of live weight from that Whereas the representative markets, categories and quali­ previously used for the calculation of the levy, the latter ties of products and weighting coefficients are fixed in price should be retained ; Annex II to Commission Regulation (EEC) No 610/77 of 18 March 1977 on the determination of prices of adult bovine animals on representative Community markets Whereas pursuant to Article 10 (3) of Regulation (EEC) and the survey of prices of certain other cattle in the No 805/68 a special basic levy is determined for certain Community (4), as last amended by Regulation (EEC) No third countries on the basis of the difference between the 1615/92(0 ; guide price and the average price recorded over a certain period plus the amount of the customs duty ;

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 fr6m 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 610/77, of the prices recorded in the surplus and deficit Whereas Council Decision 92/232/EEC of 1 October zones ; whereas the price recorded in the surplus zone is 1991 on the conclusion of an Agreement in the form of equal to the arithmetic mean of the prices recorded on an exchange of letters between the European Economic each of the markets within that zone ; whereas in respect Community and the Republic of Austria concerning the of the United Kingdom the weighted average prices of adjustment of the Community import arrangements adult bovine animals recorded on the representative applicable to certain beef and veal sector products origi­ markets of Great Britain on the one hand and Northern nating in Austria (3) lays down new provisions on prefe­ Ireland on the other are adjusted by the coefficient fixed rential imports under a separate tariff quota ; whereas this in the abovementioned Annex II ; must be taken into account when the levies are fixed ;

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 Whereas in cases where one or more of the abovemen­ health reasons for example, adopt measures affecting the tioned third countries adopt, for reasons of health for normal trend of prices recorded on their markets the example, measures affecting the prices recorded on their Commission may disregard the prices recorded on the markets, the Commission may use the latest prices market or markets in question, or use the latest prices recorded before the entry into force of such measures ; recorded on the market or markets in question before the entry into force of such measures ;

(') OJ No L 77, 25. 3. 1977, p. 14. 0 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. O OJ No L 170, 25. 6. 1992, p. 16.

27 . 3 . 93 No L 74/ 19 Official Journal of the European Communities

Whereas, in the absence of information, prices recorded other part, introduce arrangements for reducing import on representative Community markets are determined levies on certain products ; whereas Commission Regula­ mainly by reference to the most recently recorded prices ; tion (EEC) No 3589/92 (8) lays down detailed rules for applying the arrangements provided for in these agree­ ments as regards beef ; Whereas for such period as the price of adult bovine animals recorded on representative Community markets Whereas, pursuant to Article 101 (1 ) of Council Decision differs by less than ECU 0,24 per 100 kilograms of live 91 /482/EEC of 25 July 1991 on the association of the weight from the price previously used, the latter is overseas countries and territories with the European retained ; Economic Community f), no levies shall apply on imports of products originating in the overseas countries and territories ; Whereas the levies must be so fixed that obligations arising from international agreements concluded by the Whereas the various cuts of beef and veal are defined in Community continue to be fulfilled ; whereas the levies Regulation (EEC) No 586/77 ; fixed must be consistent with international agreements entered into by the Community ; whereas account should Whereas, pursuant to Article 33 (2) of Regulation (EEC) also be taken of Council Regulation (EEC) No 3953/92 of No 805/68, the nomenclature provided for in this Regula­ 21 December 1992 concerning the arrangements appli­ tion is incorporated in the combined nomenclature ; cable to the import into the Community of products originating in the Republics of Bosnia-Herzegovina, Whereas the levies and special levies are fixed before the Croatia and Slovenia and the territory of the former 27th day of each month and are applicable from the first Yugoslav Republic of Macedonia ('), which provides for Monday of the following month ; whereas these levies reductions in the levies on certain products of the beef may be altered in the period between two fixings where and veal sector imported into the Community ; whereas the basic levy or special basic levy is altered, or in the case Commission Regulation (EEC) No 18 5/93 (2) establishes of changes in the prices recorded on Community repre­ detailed rules for the importation of these products ; 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 (10) 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 conversion rates of the Member States' currencies ; deriving, inter alia, from the Interim Agreement between the Communities and the Czech and Slovak Federal 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 (»);• provided in the Interim Agreement should be accorded without distinction to products originating in the Czech Whereas, having regard to the provisions of the aforemen­ Republic or in the Slovak Republic ; 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 71 5/90 (3), as last should be as set out in the Annex hereto, amended by Regulation (EEC) No 297/91 (4), 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 HAS ADOPTED THIS REGULATION : States ;

Article 1 Whereas Council Regulations (EEC) No 518/92 {% (EEC) No 519/92 (6) and (EEC) No 520/92 0 of 27 February 1992 on certain procedures for applying the Interim The import levies on live cattle and beef and veal other than frozen meat shall be as set out in the Annex to the Agreements on trade and trade-related matters between the European Economic Community and the European present Regulation. 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

(') OJ No L 406, 31 . 12. 1992, p. 1 This Regulation shall enter into force on 5 April 1993. (2) OJ No L 22, 30. 1 . 1993, p. 70. (3) OJ No L 84, 30. 3 . 1990, p. 85. (4) OJ No L 36, 8 . 2. 1991 , p. 9. O OJ No L 364, 12. 12. 1992, p. 28 . 0 OJ No L 56, 29. 2. 1992, p. 3. O OJ No L 263, 19. 9 . 1991 , p. 1 . ìf) OJ No L 56, 29. 2. 1992, p. 6. O OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 56, 29. 2. 1992, p. 9 . (") OJ No L 387, 31 . 12. 1992.

No L 74/20 Official Journal of the European Communities 27. 3 . 93

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

Done at Brussels, 26 March 1993 .

For the Commission Rene STEICHEN Member of the Commission

ANNEX

to the Commission Regulation of 26 March 1993 fixing the import levies on live cattle and on beef and veal other than frozen (ECU/100 kg) Croatia / Slovenia / Bosnia-Herzegovina / CN code Austria (4) Sweden/Switzerland Other third countries (2) the territory of the former Yugoslav Republic of Macedonia (3)

— Live weight —

0102 90 05 — 17,469 30,063 134,374 (') 0102 90 21 — 17,469 30,063 134,374 (») 0102 90 29 — 17,469 30,063 1 34,374 (') 0102 90 41 — 17,469 30,063 1 34,374 (') (6) 0102 90 49 — 17,469 30,063 1 34,374 (') (6) 01029051 23,574 17,469 30,063 1 34,374 (') 0102 90 59 23,574 17,469 30,063 1 34,374 (') 01029061 — 17,469 30,063 1 34,374 (') 0102 90 69 — 17,469 30,063 1 34,374 (') 0i02 90 71 23,574 17,469 30,063 134,374 (') 0102 90 79 23,574 17,469 30,063 1 34,374 (')

— Net weight —

0201 10 00 44,791 33,190 57,120 255,31100 0201 20 20 44,791 33,190 57,120 255,311 00 0201 20 30 35,833 26,552 45,696 204,248 00 0201 20 50 53,750 39,828 68,544 306,373 0 0 0201 20 90 — 49,786 85,679 382,966 00 0201 30 00 — 56,948 98,005 438,060 00 0206 10 95 — 56,948 98,005 438,060 0 0210 20 10 — 49,786 85,679 382,966 0210 20 90 — 56,948 98,005 438,060 02109041 — 56,948 98,005 438,060 0210 90 90 — 56,948 98,005 438,060 1602 50 10 — 56,948 98,005 438,060 1602 90 61 — 56,948 98,005 438,060

(') 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. (3) 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 11 1 , 29. 4. 1992, p. 21 ). 0 Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic 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 Commission Regula­ tion (EEC) No 3589/92 (OJ No L 364, 12. 12. 1 992, p. 28) have been presented, are subject to the levies set out in the Annex to that Regulation. (6) Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic 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 Commission Regula­ tion (EEC) No 247/93 (OJ No L 28, 5. 2. 1993, p. 39) have been presented, are subject to the levies set out in the Annex to that Regulation.