31993R3585

28 . 12. 93 Official Journal of the European Communities No L 326/37

COMMISSION REGULATION (EC) No 3585/93 of 27 December 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 (a) 100 % where the market price is more than or equal 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 747/93 (2), and in particular Article 1 2 (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, pursuant to 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 Whereas pursuant to Article 10 (4) of Regulation (EEC) fixes the amount of the levy applicable by reference to a No 805/68 the basic levy on the meat specified in percentage 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 Community free-at-frontier offer price is determined in beef and veal and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by the light of the most representative purchasing possibili­ Regulation (EEC) No 3661 /92 (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 00, 0201 10 90, 1993/94 marketing year were fixed by Council Regulation 0201 20 20 to 0201 20 50, account being taken in parti­ (EEC) No 1563/93 0 ; cular of the position with respect to supply and demand, of world market prices for frozen meat of a category which is competitive with fresh or chilled meat and of Whereas Commission Regulation (EEC) No 1753/93 (6) past experience ; determines certain prices fixed in ecus in the beef and veal sector as a result of the monetary realignments in the 1992/93 marketing year ; Whereas if it is found that the price of adult bovine animals on representative Community markets is higher than the guide price, the levy applicable equals the fol­ Whereas Regulation (EEC) No 586/77 stipulates that the lowing percentage of the basic levy : basic levy is to be calculated according to the method set out in its Article 3 and on the basis of all the representa­ (a) 75 % where the market price is less than or equal to tive free-at-frontier offer prices of the Community deter­ 102 % of the guide price ; mined for the products of each of the categories and cuts 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 1 04 % of the guide price ; ments accompanying products imported from third coun­ (c) 25 % where the market price is more than 1 04 % and tries or from other information concerning export prices less than or equal to 106 % of the guide price ; obtaining in those third countries ;

(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 O OJ No L 75, 23 . 3. 1977, p. 10 . n OJ No L 370, 19. 12. 1992, p. 16 , (') OJ No L 148, 28 . 6. 1968 , p. 24. 0 OJ No L 154, 25. 6. 1993 , p. 35. (2) OJ No L 77, 31 . 3 . 1993, p. 15. (6 OJ No L 161 , 2. 7. 1993 , p. 44.

No L 326/38 Official Journal of the European Communities 28 . 12 . 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 1 00 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 1460/93 (5); 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 1 049/92 (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 61 1 /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 (?) 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, of 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 . 0 OJ No L 111 , 29. 4. 1992, p. 16. (5) OJ No L 143, 15 . 6. 1993, p. 5.

28 . 12 . 93 Official Journal of the European Communities No L 326/39

Whereas, in the absence of information, prices recorded Economic Community and the European Coal and Steel on representative Community markets are determined Community, of the one part, and the Republic of Poland, mainly by reference to the most recently recorded prices ; the Republic of Hungary, the Czech Republic and the Slovak Republic, of the other part, introduce arrange­ Whereas for such period as the price of adult bovine ments for reducing import levies on certain products ; animals recorded on representative Community markets whereas Commission Regulation (EEC) No 2697/93 (u), differs by less than ECU 0,24 per 100 kilograms of live as amended by Regulation (EC) No 3558/93 (12), lays weight from the price previously used, the latter is down detailed rules for applying the arrangements retained ; provided for in these agreements as regards beef ; Whereas the levies must be so fixed that obligations Whereas, pursuant to Article 101 ( 1 ) of Council Decision arising from international agreements concluded by the 91 /482/EEC of 25 July 1991 on the association of the Community continue to be fulfilled ; whereas the levies overseas countries and territories with the European fixed must be consistent with international agreements Economic Community (1J) no levies shall apply on entered into by the Community ; imports of products originating in the overseas countries and territories ; Whereas, in addition, account must be taken of Council Whereas the various cuts of beef and veal are defined in Decision 93/239/EEC of 15 March 1993 concerning the Regulation (EEC) No 586/77 ; conclusion of the Agreements in the form of exchanges of letters between the European Economic Community, Whereas, pursuant to Article 33 (2) of Regulation (EEC) of the one part, and the Republic of Austria, the Republic No 805/68, the nomenclature provided for in this Regula­ of Finland, the Republic of Iceland, the Kingdom of tion is incorporated in the combined nomenclature ; Norway and the Kingdom of Sweden, of the other part, on the provisional application of the Agreements on Whereas the levies and special levies are fixed before the certain arrangements in the field of agriculture, signed by 27th day of each month and are applicable from the first the said parties in Oporto on 2 May 1 992 (') ; whereas Monday of the following month ; whereas these levies Regulation (EEC) No 11 80/93 (2) lays down detailed rules may be altered in the period between two fixings where for the application in 1993 of the import arrangements the basic levy or special basic levy is altered, or in the case for these products originating in Sweden ; 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 (14), as Communities that both the Czech Republic and the amended by Regulation (EC) No 3528/93 (1S), are used to Slovak Republic continue to assume all the obligations convert amounts expressed in third country currencies deriving, inter alia, from the Interim Agreement between the Communities and the Czech and Slovak Federal and are used as the basis for determining the agricultural conversion rates of the Member States' currencies ; Republic upon the dissolution of the latter on 31 whereas detailed rules on the application and determina­ December 1992 and in consequence the concession tion of these conversions were set by Commission Regu­ provided in the Interim Agreement should be accorded lation (EEC) No 1068/93 (16) ; without distinction to products originating in the Czech Republic or in the Slovak Republic ; Whereas, having regard to the provisions of the aforemen­ Whereas Council Regulation (EEC) No 71 5/90 (3), as last tioned Regulation, and in particular to the information amended by Regulation (EEC) No 444/92 (4), lays down and quotations known to the Commission, the levies on live cattle and beef and veal other than frozen meat the arrangements applicable on agricultural products and should be as set out in the Annex hereto, certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States ; HAS ADOPTED THIS REGULATION : Whereas Council Regulations (EEC) No 518/92 (5), as amended by Regulation (EEC) No 2233/93 (6), (EEC) No Article 1 519/92 (7), as amended by Regulation (EEC) No 2234/93 (8), and (EEC) No 520/92 (9), as amended by Regulation The import levies on live cattle and beef and veal other (EEC) No 2235/93 (l0), of 27 February 1992 on certain than frozen meat shall be as set out in the Annex to the procedures for applying the Interim Agreements on trade present Regulation. and trade-related matters between the European Article 2 (') Oj No L 109 , 1 . 5. 1993 , p. 1 . (2) OJ No L 120, 15. 5. 1993 , p. 14. This Regulation shall enter into force on 3 January 1994. (j OJ No L 84, 30. 3. 1990, p. 85. (4) OJ No L 52, 27. 2. 1992, p. 7. (j OJ No L 56, 29. 2. 1992, p. 3. (") OJ No L 245, 1 . 10 . 1993, p. 75. (6) OJ No L 200, 10 . 8 . 1993, p. 3. C 2) OJ No L 324, 24. 12. 1993, p. 38 . O OJ No L 56, 29 . 2. 1992, p. 6. ('•') OJ No L 263, 19. 9 . 1991 , p. 1 . (8) OJ No L 200 , 10 . 8 . 1993, p. 4. ( I4) OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 56, 29 . 2. 1992, p. 9. (> j OJ No L 320, 22. 12. 1993, p. 32. ( 10) OJ No L 200, 10. 8 . 1993, p. 5. (") OJ No L 108 , 1 . 5. 1993, p. 106 .

No L 326/40 Official Journal of the European Communities 28 . 12 . 93

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

Done at Brussels, 27 December 1993.

For the Commission Rene STEICHEN Member of the Commission

28 . 12. 93 No L 326/41 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 27 December 1993 fixing the import levies on live cattle and on beef and veal other than frozen

(ECU/100 ke) Other third CN code Austria (3) Sweden/Switzerland countries (2)

— Live weight -—

0102 90 05 17,086 12,844 131,433 (') 0102 90 21 17,086 12,844 131,433 (') 0102 90 29 17,086 12,844 1 3J ,433 (') 0102 90 41 17,086 12,844 131,433 OH 01029049 17,086 12,844 131,433 0 0 0102 90 51 17,086 12,844 131,433 0 0102 90 59 17,086 12,844 131,433 0 0102 90 61 17,086 12,844 131,433 0 0102 90 69 17,086 12,844 131,433 0 0102 90 71 17,086 12,844 131,433 0 0102 90 79 17,086 12,844 131,433 0

— Net weight —

0201 10 00 32,464 24,404 0 249,723 0 0 0201 20 20 32,464 24,404 0 249,723 0 0 0201 20 30 25,971 19,524 0 199,778 0 0 0201 20 50 38,957 29,285 0 299,667 0 0 0201 20 90 48,696 36,607 0 374,583 0 0 0201 30 00 55,701 41,8720 428,471 00 0206 10 95 55,701 41,872 428,471 0 0210 20 10 48,696 36,607 374,583 0210 20 90 55,701 41,872 428,471 0210 90 41 55,701 41,872 428,471 0210 90 90 55,701 41,872 428,471 1602 50 10 55,701 41,872 428,471 1602 90 61 55,701 41,872 428,471

(') 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. (*) No import levy applies to 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 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, the Czech Republic and the Slovak Republic and Hungary under the Interim Agreements concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Commission Regulation (EEC) No 2697/93, as amended, have been presented, are subject to the levies set out in the Annex to that Regulation . O Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Repu­ blic 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 Commission Regulation (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. (') The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 109, 1 . 5. 199.3, p. 59) and Regulation (EEC) No 1180/93 .