31994R1189

27. 5. 94 Official Journal of the European Communities No L 132/7

COMMISSION REGULATION (EC) No 1189/94 of 26 May 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 No 1096/94 (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, pursuant to Article 9 of Regulation (EEC) No the guide price ; 805/68, 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 Whereas pursuant to Article 10 (4) of Regulation (EEC) percentage of the basic levy ; No 805/68 the basic levy on the meat specified in sections (a), (c) and (d) of the Annex hereto is equal to the basic levy determined for bovine animals, multiplied by a Whereas in respect of bovine animals the basic levy is standard coefficient fixed for each of the products in determined on the basis of the difference between the question ; whereas these coefficients are fixed by guide price and the Community free-at-frontier offer Commission Regulation (EEC) No 586/77 of 18 March price plus the amount of the customs duty ; whereas the 1977 laying down rules for the application of levies on Community free-at-frontier offer price is determined in beef and veal and amending Regulation (EEC) No 950/68 the light of the most representative purchasing possibili­ on the Common Customs Tariff (3), as last amended by ties, as regards quality and quantity, recorded over a Regulation (EEC) No 3661 /92 (4); certain period for bovine animals and for the fresh or 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, 1993/94 marketing year were fixed by Council Regulation of world market prices for frozen meat of a category (EEC) No 1563/93 0 ; whereas Council Regulation (EC) which is competitive with fresh or chilled meat and of No 7,19/94 (*) extends the commercialization of 1993/94 past experience ; until 30 June 1994 ;

Whereas if it is found that the price of adult bovine Whereas Commission Regulation (EEC) No 1753/93 Q animals on representative Community markets is higher determines certain prices fixed in ecus in the beef and than the guide price, the levy applicable equals the fol­ veal sector as a result of the monetary realignments in the lowing percentage of the basic levy : 1992/93 marketing year ;

(a) 75 % where the market price is less than or equal to 102 % of the guide price ; Whereas Regulation (EEC) No 586/77 stipulates that the (b) 50 % where the market price is more than 102 % and basic levy is to be calculated according to the method set less than or equal to 104 % of the guide price ; out in its Article 3 and on the basis of all the representa­ tive free-at-frontier offer prices of the Community deter­ (c) 25 % where the market price is more than 104 % and mined for the products of each of the categories and cuts less than or equal to 106 % of the guide price ; specified in Article 2 and established principally by reference to the prices specified in the customs docu­ (d) 0 % where the market price is more than 106 % of the guide price ; ments accompanying products imported from third coun­ tries or from other information concerning export prices obtaining in those third countries ; 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. 0 OJ No L 370, 19. 12. 1992, p. 16. 0 OJ No L 154, 25. 6, 1993, p. 35. C) OJ No L 148, 28 . 6. 1968, p. 24. W OJ No L 87, 31 . 3. 1994, p. 1 . 0 OJ No L 121 , 12. 5. 1994, p. 9. 0 OJ No L 161 , 2. 7. 1993, p. 44.

No L 132/8 Official Journal of the European Communities 27 . 5. 94

Whereas, however, offer prices that do not correspond to offer price determined in accordance with Article 10 (2) of real purchasing possibilities or that relate to unrepresenta­ Regulation (EEC) No 805/68 ; tive quantities should not be taken into account ; offer prices should also be excluded when the movement of prices in general or the information available suggests that Whereas if the average price differs by less than ECU 0,60 they are unrepresentative of the true trend of prices in the per 100 kilograms of live weight from that previously country of origin ; used to calculate the levy, the latter may be retained ;

Whereas in cases where one or more of the abovemen­ Whereas in cases where for one or more categories of bovine animals or cuts of meat a free-at-frontier offer tioned third countries adopt, for reasons of health for price cannot be established, the most recent available example, measures affecting the prices recorded on their price should be used for the calculation ; markets, the Commission may use the latest prices recorded before the entry into force of such measures ;

Whereas if the free-at-frontier offer price differs by less than ECU 0,60 per 100 kilograms of live weight from that Whereas pursuant to Article 12 (6) of Regulation (EEC) previously used for the calculation of the levy, the latter No 805/68 the price of adult bovine animals on represen­ price should be retained ; tative Community markets is the price established on the basis of prices recorded over a period to be determined on the representative market or markets of each Member Whereas pursuant to Article 10 (3) of Regulation (EEC) State in respect of the various categories of adult bovine No 805/68 a special basic levy is determined for certain animals or of meat from such animals, after taking into third countries on the basis of the difference between the account the size of each of these categories and the rela­ guide price and the average price recorded over a certain tive size of the bovine herd of each Member State ; period plus the amount of the customs duty ;

Whereas the representative markets, categories and quali­ Whereas Commission Regulation (EEC) No 611 /77 ('), as ties of products and weighting coefficients are fixed in last amended by Regulation (EEC) No 1049/92 (2), Annex II to Commission Regulation (EEC) No 610/77 of provides that the special levy on products originating in 18 March 1977 on the determination of prices of adult and coming from Austria, Sweden and Switzerland should bovine animals on representative Community markets be determined on the basis of the weighted average of the and the survey of prices of certain other cattle in the prices of adult bovine animals recorded on the representa­ Community (9), as last amended by Regulation (EC) No tive markets of those third countries ; whereas the 1155/94 (10) ; weighting coefficients and representative markets are specified in the Annexes to Regulation (EEC) No 611 /77 ; Whereas, for Member States with several representative markets, the price of each category and quality is equal to Whereas Council Decision 92/232/EEC of 1 October the arithmetic mean of the prices recorded on each of 1991 on the conclusion of an Agreement in the form of those markets ; whereas, for representative markets held an exchange of letters between the European Economic several times in one period of seven days, the price of Community and the Republic of Austria concerning the each category and quality is equal to the arithmetic mean adjustment of the Community import arrangements of the prices recorded on each market day ; whereas in applicable to certain beef and veal sector products origi­ respect of Italy the price of each category and quantity is nating in Austria (3) lays down new provisions on prefe­ equal to the average, weighted by the special weighting rential imports under a separate tariff quota ; whereas this coefficients fixed in Annex II to Regulation (EEC) No must be taken into account when the levies are fixed ; 610/77, of the prices recorded in the surplus and deficit zones ; whereas the price recorded in the surplus zone is Whereas the levy is not collected in respect of imports equal to the arithmetic mean of the prices recorded on under the quotas opened by Commission Regulations each of the markets within that zone ; whereas in respect of the United Kingdom the weighted average prices of (EC) No 212/94 (4) and (EC) No 957/94 0 and by Council adult bovine animals recorded on the representative Regulations (EC) No 1 29/94 (*), (EC) No 774/94 f) and markets of Great Britain on the one hand and Northern (EC) No 775/94 (8); Ireland on the other are adjusted by the coefficient fixed in the abovementioned Annex II ; 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 kilograms of live weight more than the free-at-frontier Whereas prices for the different categories and qualities not obtained from prices which are 'live weight excluding tax' are multiplied by the live weight conversion coeffi­ (') OJ No L 77, 25. 3. 1977, p. 14. (2) OJ No L 111 , 29. 4. 1992, p. 7. cients fixed in Annex II to the said Regulation and, in the 0 OJ No L 111 , 29. 4. 1992, p. 16. case of Italy, are first increased or reduced by the correc­ (4) OJ No L 27, 1 . 2. 1994, p. 38 . tive amounts fixed in the said Annex ; j3) OJ No L 108, 29. 4. 1994, p. 13. (4 OJ No L 22, 27. 1 . 1994, p. 1 . 0 OJ No L 91 , 8 . 4. 1994, p. 1 . (') OJ No L 77, 25. 3. 1977, p. 1 . (8) OJ No L 91 , 8 . 4. 1994, p. 4. (10) OJ No L 129, 21 . 5. 1994, p. 5.

27. 5. 94 Official Journal of the European Communities No L 132/9

Whereas if one or more Member States, for veterinary or products originating in the African, Caribbean and Pacific health reasons for example, adopt measures affecting the States ; normal trend of prices recorded on their markets the Commission may disregard the prices recorded on the Whereas Council Regulations (EC) No 3491 /93 (8) and market or markets in question, or use the latest prices (EC) No 3492/93 (9), on certain procedures for applying recorded on the market or markets in question before the the Europe Agreement establishing an association entry into force of such measures ; between the European Communities and their Member States, of the one part, and the Republics of Hungary and Poland, of the other part, and Council Regulation (EEC) Whereas, in the absence of information, prices recorded No 520/92 of 27 February 1992 on certain rules for on representative Community markets are determined applying the Interim Agreement on trade and trade­ mainly by reference to the most recently recorded prices ; related matters between the European Economic Commu­ nity and the European Coal and Steel Community, of the Whereas for such period as the price of adult bovine one part, and the Czech and Slovak Federal Republic, of animals recorded on representative Community markets the other part (10), as amended by Regulation (EEC) No differs by less than ECU 0,24 per 100 kilograms of live 2235/93 (u), and in particular Article 1 thereof introduce weight from the price previously used, the latter is arrangements for reducing import levies on certain retained ; products ; whereas Commission Regulation (EEC) No 2697/93 (12), as amended by Regulation (EC) No 3358/93 (13), lays down detailed rules for applying the import Whereas the levies must be so fixed that obligations arrangements provided for in these agreements as regards arising from international agreements concluded by the beef ; Community continue to be fulfilled ; whereas the levies fixed must be consistent with interim agreements entered Whereas Council Regulations (EC) No 3641 /93 (14) and into by the Community ; whereas account should also be (EC) No 3642/93 (15) on certain rules for applying the taken of Council Regulation (EC) No 3698/93 of 22 Interim Agreement on trade and trade-related matters December 1993 concerning the arrangements applicable between the European Economic Community and the to the import into the Community of products origina­ European Coal and Steel Community, of the one part, ting in the Republics of Bosnia-Herzegovina, Croatia and and the Republic of Bulgaria and Romania, of the other Slovenia and the former Yugoslav Republic of Macedo­ part ; whereas Commission Regulation (EC) No 346/94 (16) nia ('), which provides for reductions in the levies on lays down detailed rules for applying the arrangements certain products of the beef and veal sector imported into provided for in these agreements as regards beef ; the Community ; whereas Commission Regulation (EC) No 250/94 (2) establishes detailed rules for the importa­ tion of these products ; 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 Whereas, in addition, account must be taken of Decision Economic Community (17) no levies shall apply on 94/ 1 /ECSC, EC of the Council and Commission (3), imports of products originating in the overseas countries concerning the conclusion of the Agreements on the and territories ; European Economic Area, between the European Community, the European Coal and Steel Community Whereas the various cuts of beef and veal are defined in and their Member States, on the one hand, and Austria, Regulation (EEC) No 586/77 ; Finland, Iceland, Norway, Sweden and Liechtenstein, on the other hand, hereafter referred to as the 'EEA Agree­ ment' ; whereas the Bilateral Agreements on agriculture Whereas, pursuant to Article 33 (2) of Regulation (EEC) between the Community, on the one hand, and Austria No 805/68, the nomenclature provided for in this Regula­ and Finland, on the other hand, enter into force at the tion is incorporated in the combined nomenclature ; same time as the EEA Agreement ; whereas Commission Regulation (EC) No 266/94 (4), as amended by Regulation Whereas the levies and special levies are fixed before the (EC) No 394/94 (% lays down for 1994 detailed rules for 27th day of each month and are applicable from the first the application of the import arrangements for these Monday of the following month ; whereas these levies products originating in Sweden ; may be altered in the period between two fixings where the basic levy or special basic levy is altered, or in the case of changes in the prices recorded on Community repre­ Whereas Council Regulation (EEC) No 715/90 (*), as last sentative markets : amended by Regulation (EC) No 235/94 Q, lays down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural s) OJ No L 319, 21 . 12. 1993, p. 1 . 9) OJ No L 319, 21 . 12. 1993, p. 4. 10) OJ No L 56, 29. 2. 1992, p. 9 . (') OJ No L 344, 31 . 12. 1993, p. i ") OJ No L 200, 10. 8 . 1993, p. 5. 0 OJ No L 31 , 4. 2. 1994, p. 8 . IJ) OJ No L 245, 1 . 10 . 1993, p. 75. (3) OJ No L 1 , 3 . 1 . 1994, p. 1 . ,3) OJ No L 324, 24. 12. 1993, p. 38 . (4) OJ No L 32, 5. 2. 1994, p. 9 . ") OJ No L 333, 31 . 12. 1993, p. 16. O OJ No L 53, 24. 2. 1994, p. 13. 1S) OJ No L 333, 31 . 12. 1993, p. 17. f) OJ No L 84, 30. 3. 1990, p. 85. >j OJ No L 44, 17. 2. 1994, p. 15. O OJ No L 30, 3 . 2. 1994, p. 12. 17) OJ No L 263, 19. 9. 1991 , p. 1 .

No L 132/ 10 Official Journal of the European Communities 27. 5. 94

whereas the representative market rates defined in Article HAS ADOPTED THIS REGULATION : 1 of Council Regulation (EEC) No 3813/92 0, as amended by Regulation (EC) No 3528/93 (2), are used to convert amounts expressed in third country currencies Article 1 and are used as the basis for determining the agricultural conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ The import levies on live cattle and beef and veal other tion of these conversions were set by Commission Regu­ than frozen meat shall be as set out in the Annex to the lation (EEC) No 1068/93 (3), amended by Regulation (EC) present Regulation. No 547/94 (4);

Whereas, having regard to the provisions of the aforemen­ tioned Regulation, and in particular to the information Article 2 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, This Regulation shall enter into force on 6 June 1994.

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

Done at Brussels, 26 May 1994.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 320, 22. 12. 1993, p. 32 (3) OJ No L 108, 1 . 5. 1993, p. 106. (4) OJ No L 69, 12. 3. 1994, p. 1 .

27. 5 . 94 Official Journal of the European Communities No L 132/ 11

ANNEX

to the Commission Regulation of 26 May 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 (')

— Live weight —

0102 90 05 — 17,086 0,000 131,433 0 0102 90 2 1 — 17,086 0,000 131,433 0 0102 90 29 — 17,086 0,000 131,433 (') 0102 90 41 — 17,086 0,000 131,433 0 0 0102 90 49 — 17,086 0,000 131,433 0 0 0102 90 51 23,058 17,086 0,000 131,433 0 0102 90 59 23,058 17,086 0,000 131,433 0 0102 90 61 — 17,086 0,000 131,433 0 0102 90 69 — 17,086 0,000 131,433 0 0102 90 71 23,058 17,086 0,000 131,433 0 0102 90 79 23,058 17,086 0,000 131,433 0

— Net weight —

020 1 1 0 00 43,8 1 1 32,464 0,000 0 249,723 00 0201 20 20 43,811 32,464 0,000 0 249,723 0 0 0201 20 30 35,049 25,971 0,000 0 199,778 0 0 0201 20 50 52,573 38,957 0,000 0 299,667 0 0 0201 20 90 — 48,696 0,000 0 374,583 0 0 0201 30 00 — 55,701 0,000 0 428,471 00 0206 10 95 — 55,701 0,000 428,471 0 0210 20 10 — 48,696 0,000 374,583 0210 20 90 — 55,701 0,000 428,471 0210 90 41 — 55,701 0,000 428,471 0210 90 90 — 55,701 0,000 428,471 1602 50 10 — 55,701 0,000 428,471 1602 90 61 — 55,701 0,000 428,471

(') 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. (J) 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 111 , 29 . 4. 1992, p. 21). 0 Products falling within this code, imported from Poland and Hungary under the Agreements concluded between those countries and the Community and the Interim Agreements between the Czech Republic, the Slovak Republic, Bulgaria and Romania and the Community and the Interim Agreements between the Czech Republic, the Slovak Republic, Bulgaria and Romania and the Community, and in respect of which EUR.l certificates issued in accor­ dance with Commission Regulation (EEC) No 2697/93, amended, or Regulation (EC) No 346/94 have been presented, are subject to the levies foreseen in those Regulations. (6) Products falling within this code, imported from Poland or Hungary under the Agreements concluded between those countries and the Community and the Interim Agreements between the Czech Republic, the Slovak Republic and the Community, and in respect of which EUR.l certificates issued in accordance with Commission Regulation (EC) No 358/94 (OJ No L 46, 18. 2. 1994, p. 34) have been presented, are subject to the levies foreseen in that Regulation. Q The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 346, 31 . 12. 1993, p. 36) and Regulation (EC) No 266/94.