31994R0256

4. 2. 94 Official Journal of the European Communities No L 31 / 17

COMMISSION REGULATION (EC) No 256/94 of 3 February 1994 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 (EC) (c) 110 % where the market price is less than 96 % and more than or equal to 90 % of the guide price ; No 3611 /93 (2), and in particular Article 12 (8) thereof, (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 beef and veal and amending Regulation (EEC) No 950/68 Community free-at-frontier offer price is determined in 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, 0201 20 20 to 0201 20 50, account being taken in parti­ 1993/94 marketing year were fixed by Council Regulation (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 past experience ; Whereas Commission Regulation (EEC) No 1753/93 (6) 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 lowing percentage of the basic levy : Whereas Regulation (EEC) No 586/77 stipulates that the 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 (b) 50 % where the market price is more than 102 % and specified in Article 2 and established principally by less than or equal to 104 % of the guide price ; reference to the prices specified in the customs docu­ ments accompanying products imported from third coun­ (c) 25 % where the market price is more than 104 % 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 0 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. O OJ No L 154, 25. 6. 1993, p. 35. (2) OJ No L 328, 29 . 12. 1993 , p. 7. (6) OJ No L 161 , 2. 7. 1993, p. 44.

No L 31 / 18 Official Journal of the European Communities 4 . 2. 94

offer prices should also be excluded when the movement account the size of each of these categories and the rela­ tive size of the bovine herd of each Member State ; of prices in general or the information available suggests that they are unrepresentative of the true trend of prices Whereas the representative markets, categories and quali­ in the country of origin ; ties of products and weighting coefficients are fixed in Whereas in cases where for one or more categories of Annex II to Commission Regulation (EEC) No 610/77 of bovine animals or cuts of meat a free-at-frontier offer 18 March 1977 on the determination of prices of adult price cannot be established, the most recent available bovine animals on representative Community markets price should be used for the calculation ; and the survey of prices of certain other cattle in the Community (4), as last amended by Regulation (EEC) No Whereas if the free-at-frontier offer price differs by less 1460/93 0 ; than ECU 0,60 per 100 kilograms of live weight from that Whereas, for Member States with several representative previously used for the calculation of the levy, the latter markets, the price of each category and quality is equal to price should be retained ; the arithmetic mean of the prices recorded on each of Whereas pursuant to Article 10 (3) of Regulation (EEC) those markets ; whereas, for representative markets held No 805/68 a special basic levy is determined for certain several times in one period of seven days, the price of third countries on the basis of the difference between the each category and quality is equal to the arithmetic mean guide price and the average price recorded over a certain of the prices recorded on each market day ; whereas in period plus the amount of the customs duty ; respect of Italy the price of each category and quantity is equal to the average, weighted by the special weighting Whereas Commission Regulation (EEC) No 611 /77 ('), as coefficients fixed in Annex II to Regulation (EEC) No last amended by Regulation (EEC) No 1049/92 (2), 610/77, of the prices recorded in the surplus and deficit provides that the special levy on products originating in zones ; whereas the price recorded in the surplus zone is and coming from Austria, Sweden and Switzerland should equal to the arithmetic mean of the prices recorded on be determined on the basis of the weighted average of the each of the markets within that zone ; whereas in respect prices of adult bovine animals recorded on the representa­ of the United Kingdom the weighted average prices of tive markets of those third countries ; whereas the adult bovine animals recorded on the representative weighting coefficients and representative markets are markets of Great Britain on the one hand and Northern specified in the Annexes to Regulation (EEC) No 611 /77 ; Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II ; Whereas Council Decision 92/232/EEC of 1 October 1991 on the conclusion of an Agreement in the form of Whereas prices for the different categories and qualities an exchange of letters between the European Economic not obtained from prices which are 'live weight excluding Community and the Republic of Austria concerning the tax' are multiplied by the live weight conversion coeffi­ adjustment of the Community import arrangements cients fixed in Annex II to the said Regulation and, in the applicable to certain beef and veal sector products origi­ case of Italy, are first increased or reduced by the correc­ nating in Austria (3) lays down new provisions on prefe­ tive amounts fixed in the said Annex ; rential imports under a separate tariff quota ; whereas this must be taken into account when the levies are fixed ; Whereas if one or more Member States, for veterinary or health reasons for example, adopt measures affecting the Whereas the average price is not to be used for calcula­ normal trend of prices recorded on their markets the ting the special levy unless it is at least ECU 1,21 per 100 Commission may disregard the prices recorded on the kilograms of live weight more than the free-at-frontier market or markets in question, or use the latest prices offer price determined in accordance with Article 1 0 (2) of recorded on the market or markets in question before the Regulation (EEC) No 805/68 ; entry into force of such measures ;

Whereas if the average price differs by less than ECU 0,60 Whereas, in the absence of information, prices recorded per 100 kilograms of live weight from that previously on representative Community markets are determined used to calculate the levy, the latter may be retained ; mainly by reference to the most recently recorded prices ;

Whereas in cases where one or more of the abovemen­ Whereas for such period as the price of adult bovine tioned third countries adopt, for reasons of health for animals recorded on representative Community markets example, measures affecting the prices recorded on their differs by less than ECU 0,24 per 100 kilograms of live markets, the Commission may use the latest prices weight from the price previously used, the latter is recorded before the entry into force of such measures ; retained ;

Whereas pursuant to Article 12 (6) of Regulation (EEC) Whereas the levies must be so fixed that obligations No 805/68 the price of adult bovine animals on represen­ arising from international agreements concluded by the tative Community markets is the price established on the Community continue to be fulfilled ; whereas the levies basis of prices recorded over a period to be determined on fixed must be consistent with interim agreements entered the representative market or markets of each Member into by the Community ; whereas account should also be State in respect of the various categories of adult bovine taken of Council Regulation (EC) No 3698/93 of 22 animals or of meat from such animals, after taking into December 1993 concerning the arrangements applicable to the import into the Community of products origina­ (') 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 . O OJ No L 111 , 29. 4. 1992, p. 16. 0 OJ No L 143, 15. 6. 1993, p. 5.

4. 2. 94 Official Journal of the European Communities No L 31 / 19

ting in the Republics of Bosnia-Herzegovina, Croatia and amended by Regulation (EC) No 3558/93 (14), lays down Slovenia and the former Yugoslav Republic of Macedo­ detailed rules for applying the arrangements provided for nia ('), which provides for reductions in the levies on in these agreements as regards beef ; certain products of the beef and veal sector imported into the Community ; whereas Commission Regulation (EC) Whereas, pursuant to Article 101 ( 1 ) of Council Decision No 250/94 (2) establishes detailed rules for the importa­ 91 /482/EEC of 25 July 1991 on the association of the tion of these products ; overseas countries and territories with the European Economic Community (15) no levies shall apply on Whereas, in addition, account must be taken of Council imports of products originating in the overseas countries Decision 93/239/EEC of 15 March 1993 concerning the and territories ; conclusion of the Agreements in the form of exchanges of letters between the European Economic Community, Whereas the various cuts of beef and veal are defined in of the one part, and the Republic of Austria, the Republic Regulation (EEC) No 586/77 ; of Finland, the Republic of Iceland, the Kingdom of Norway and the Kingdom of Sweden, of the other part, Whereas, pursuant to Article 33 (2) of Regulation (EEC) on the provisional application of the Agreements on No 805/68, the nomenclature provided for in this Regula­ certain arrangements in the field of agriculture, signed by tion is incorporated in the combined nomenclature ; the said parties in Oporto on 2 May 1992 (3); whereas Regulation (EEC) No 11 80/93 (4) lays down detailed rules for the application in 1993 of the import arrangements Whereas the levies and special levies are fixed before the 27th day of each month and are applicable from the first for these products originating in Sweden ; Monday of the following month ; whereas these levies Whereas declarations have been submitted by both the may be altered in the period between two fixings where Czech Republic and the Slovak Republic informing the the basic levy or special basic levy is altered, or in the case Communities that both the Czech Republic and the of changes in the prices recorded on Community repre­ sentative markets ; Slovak Republic continue to assume all the obligations deriving, inter alia, from the Interim Agreement between the Communities and the Czech and Slovak Federal Whereas the representative market rates defined in Article Republic upon the dissolution of the latter on 31 1 of Council Regulation (EEC) No 3813/92 (16), as December 1992 and in consequence the concession amended by Regulation (EC) No 3528/93 (17), are used to provided in the Interim Agreement should be accorded convert amounts expressed in third country currencies without distinction to products originating in the Czech and are used as the basis for determining the agricultural Republic or in the Slovak Republic ; conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ Whereas Council Regulation (EEC) No 715/90 (^ as last tion of these conversions were set by Commission Regu­ amended by Regulation (EC) No 235/94 (6), lays down the lation (EEC) No 1068/93 (18) ; 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 Whereas Council Regulations (EEC) No 518/92 (7), as should be as set out in the Annex hereto, amended by Regulation (EEC) No 2233/93 (8), (EEC) No 519/92 (9), as amended by Regulation (EEC) No 2234/ 93 (10), and (EEC) No 520/92 ("), as amended by Regula­ tion (EEC) No 2235/93 (12), of 27 February 1992 on HAS ADOPTED THIS REGULATION : certain procedures for applying the Interim Agreements on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, Article 1 the Republic of Hungary, the Czech Republic and the Slovak Republic, of the other part, introduce arrange­ The import levies on live cattle and beef and veal other ments for reducing import levies on certain products ; than frozen meat shall be as set out in the Annex to the whereas Commission Regulation (EEC) No 2697/93 (13), as present Regulation.

') OJ No L 344, 31 . 12. 1993, p. 1 . 2) See page 8 of this Official Journal. 3) OJ No L 109, 1 . 5. 1993, p. 1 . Article 2 4) OJ No L 120, 15. 5. 1993, p. 14. Ó OJ No L 84, 30. 3. 1990, p. 85. 6) OJ No L 30, 3 . 2. 1994, p. 12. This Regulation shall enter into force on 7 February 1994. Í OJ No L 56, 29. 2. 1992, p. 3. 8) OJ No L 200, 10. 8 . 1993, p. 3. 9) OJ No L 56, 29. 2. 1992, p. 6. 04) OJ No L 324, 24. 12. 1993, p. 38. ,#) OJ No L 200, 10. 8 . 1993, p. 4. C 5) OJ No L 263, 19. 9. 1991 , p. 1 . ") OJ No L 56, 29. 2. 1992, p . 9. (") OJ No L 387, 31 . 12. 1992, p. 1 . I2) OJ No L 200, 10. 8 . 1993, p. 5. (17) OJ No L 320, 22. 12. 1993, p. 32. u) OJ No L 245, 1 . 10. 1993, p. 75. H OJ No L 108, 1 . 5. 1993, p. 106.

No L 31 /20 Official Journal of the European Communities 4. 2 . 94

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

Done at Brussels, 3 February 1994.

For the Commission Rene STEICHEN Member of the Commission

4. 2. 94 Official Journal of the European Communities No L 31 /21

ANNEX

to the Commission Regulation of 3 February 1994 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 (2) Former Yugoslav Republic of Macedonia (3)

— Live weight —

0102 90 05 — 17,086 1,278 131,433 0 0102 90 21 — 17,086 1,278 131,433 (') 0102 90 29 — 17,086 1,278 131,433 (') 0102 90 41 — 17,086 1,278 131,43300 0102 90 49 — 17,086 1,278 131,433 (')O 0102 90 51 23,058 17,086 1,278 131,433 (>) 0102 90 59 23,058 17,086 1,278 131,433 0 010290 61 — 17,086 1,278 131,433 (') 0102 90 69 — 17,086 1,278 131,433 (') 0102 90 71 23,058 17,086 1,278 131,433 (>) 0102 90 79 23,058 17,086 1,278 131,433 (')

— Net weight —

0201 10 00 43,811 32,464 2,428 0 249,723 0 0 0201 20 20 43,811 32,464 2,428 0 249,723 0 0 0201 20 30 35,049 25,971 1,943 0 199,778 0 0 0201 20 50 52,573 38,957 2,914 0 299,667 0 0 0201 20 90 — 48,696 3,642 0 374,583 0 0 0201 30 00 — 55,701 4,166 0 428,471 00 0206 10 95 — 55,701 4,166 428,471 0 0210 20 10 — 48,696 3,642 374,583 0210 20 90 — 55,701 4,166 428,471 0210 90 41 — 55,701 4,166 428,471 0210 90 90 — 55,701 4,166 428,471 1602 50 10 — 55,701 4,166 428,471 1602 90 61 — 55,701 4,166 428,471

(') 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. (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 (EC) No 250/94. (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. 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 2697/93 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. 0 The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 109, 1 . 5. 1993, p. 59) and Regulation (EEC) No 1180/93.