31994R1976

No L 198/ 124 Official Journal of the European Communities 30 . 7. 94

COMMISSION REGULATION (EC) No 1976/94 of 29 July 1994 fixing the sluice-gate prices and levies on pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES, the Commission had to fix the levy applicable from 1 July 1994, in Regulation (EC) No 1 602/94 (6), based on the amounts of the monthly increases which it proposed Having regard to the Treaty establishing the European to the Council for the 1994/95 marketing year ; whereas Community, at the end of July 1994 the Council adopted monthly increases different from those proposed by the Commis­ sion ; whereas, as a result, it is necessary to fix once again the levy applicable from 1 August 1994 ; Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat ('), as last amended by Regulation (EEC) No 1249/89 (2), and in particular Articles 8 and 12 (1 ) thereof, Whereas the value within the Community of that quan­ tity of feed grain must be determined in accordance with Whereas a levy fixed quarterly in advance must be Article 2 of Regulation (EEC) No 2764/75 ; whereas the charged on imports into the Community for the products value for the same quantity on the world market must be specified in Article 1 ( 1 ) of Regulation (EEC) No determined in accordance with Article 3 thereof ; 2759/75 ;

Whereas Article 3 of that Regulation provides that the Whereas, as the levies and sluice-gate prices were last price of each cereal on the world market is to be equal to fixed by Commission Regulation (EC) No 687/94 of 28 the average of the cif prices of that cereal ; whereas the cif March 1994 (3), for the period from 1 April to 30 June prices are recorded for the five-month period ending one 1993, new levies and sluice-gate prices must be fixed for month before the quarter in respect of which the said the period 1 July to 30 September 1994 ; component is calculated ; whereas that period is 1 January to 31 May 1994 ;

Whereas the levy on pig carcases is made up of two components ; Whereas the second component must be equal to 7 % of the average of the sluice-gate prices applicable for the four quarters to 1 April in each year ; Whereas the first component must be equal to the diffe­ rence between prices within the Community and on the world market for the quantity of feed grain determined in Whereas the levies on the products specified in Article 1 accordance with Article 1 of Council Regulation (EEC) (1 ) (a) and (b) of Regulation (EEC) No 2759/75 other than No 2764/75 of 29 October 1975 laying down the rules for pig carcases must be derived from the levy on pig carcases calculating a component of the levy on pig carcases (4), as on the basis of the coefficients fixed for such products last amended by Regulation (EEC) No 4160/87 (*), the pursuant to Article 10 (4) of Regulation (EEC) No composition whereof is indicated therein ; 2759/75 in Annex I to Commission Regulation (EEC) No 3944/87 of 21 December 1987 fixing coefficients for calculating levies on pigmeat products (7), as last amended Whereas, pursuant to Article 9 (1 ) (a) of Regulation (EEC) by Regulation (EEC) No 2242/91 (8) ; No 2759/75, for calculating the import levies in the pigmeat sector, the prices for feed grain within the Community are determined once a year for a period of 12 Whereas the levies on the products specified in Article 1 months beginning on 1 July, on the basis of the (1 ) (c) of Regulation (EEC) No 2759/75 are made up of threshold prices and the monthly increases therein ; two components ; whereas, in spite of all the Commission's efforts, the Council has not fixed the monthly increases for feed grain before 1 July 1 994 ; whereas, in order to ensure the Whereas the first component must be derived from the continued operation of the levy mechanism in question, levy on pig carcases on the basis of the coefficients fixed in Annex II to Regulation (EEC) No 3944/87 ; (') OJ No L 282, 1 . 11 . 1975, p. 1 . (2) OJ No L 129, 11 . 5. 1989, p. 12. O OJ No L 84, 29. 3 . 1994, p. 5. (6) OJ No L 1 67, 1 . 7. 1994, p. 70. (4) OJ No L 282, 1 . 11 . 1975, p. 21 . 0 OJ No L 373, 31 . 12. 1987, p. 25. (4 OJ No L 392, 31 . 12. 1987, p. 46. (•) OJ No L 204, 27. 7. 1991 , p. 21 .

30 . 7 . 94 Official Journal of the European Communities No L 198/ 125

Whereas the second component must be equal to 7 % , Whereas the third amount, which represents overhead and for products falling within CN codes ex 1602 and ex costs of production and marketing, shall, in accordance 1902 to 10 % of the average offer prices for imports with Article 3 (2) of Regulation (EEC) No 2766/75, be during the 12 months to 1 April ; whereas those averages ECU 38,69 per 100 kilograms of pig carcases ; should be determined bearing in mind all the informa­ tion available on imports into the Community from third countries, taking into account the representative character of prices ; Whereas the sluice-gate prices of products referred to in Article 1 of Regulation (EEC) No 2766/75, other than pig Whereas, in the case of products falling within CN codes carcases, must be derived from the sluice-gate price for 0206 30 21 , 0206 30 31 , 0206 41 91 , 0206 49 91 , pig carcases on the basis of the coefficients laid down by 1501 00 11 , 1601 00 10, 1602 10 00, 1602 20 90 and Regulation (EEC) No 3944/87 ; 1602 90 10 in respect of which the rate of duty has been bound under the General Agreement on Tariffs and Trade Whereas, by Council Regulation (EEC) No 3834/90 of 20 (GATT), the levies must not exceed the amount resulting December 1990 reducing for 1991 the levies on certain from that binding ; agricultural products originating in developing countries (3), as last amended by Regulation (EC) No 3668/93 (4), Whereas for pig carcases and other products referred to in and Council Regulation (EEC) No 715/90 (*) on the arran­ Article 1 of Council Regulation (EEC) No 2766/75 of 29 gements applicable to agricultural products and certain October 1975 establishing the list of products for which goods resulting from the processing of agricultural sluice-gate prices are to be fixed and laying down the products originating in the African, Caribbean and Pacific rules for fixing the sluice-gate price for pig carcases ('), as States (ACP States), as last amended by Regulation (EC) last amended by Regulation (EEC) No 3909/87 (2), the No 235/94 (% special import arrangements were intro­ sluice-gate prices must be fixed in advance for each duced involving a reduction to 50 % in levies within the quarter ; framework of fixed amounts or annual quotas, in parti­ cular for certain pigmeat products ;

Whereas the sluice-gate price for pig carcases is made up Whereas, pursuant to Article 101 (1 ) of Council Decision of three components ; 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community f), no levies shall apply on imports of products originating in the overseas countries Whereas the first component must be equal to the value and territories ; on the world market of the quantity of feed grain equiva­ lent to the quantity of feedingstuffs required for the production in third countries of one kilogram of pigmeat, Whereas Council Regulations (EC) No 3491 /93 (8) and such quantity being composed as provided in Article 2 (1 ) (EC) No 3492/93 (9), on certain procedures for applying of Regulation (EEC) No 2766/75 ; the Europe Agreement establishing an association 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 the value of that quantity of grain must be deter­ No 520/92 of 27 February 1992 on certain rules for mined in accordance with Article 2 (2) and (3) of Regula­ tion (EEC) No 2766/75 ; applying the Interim Agreement on trade and trade­ related matters between the European Economic Commu­ nity and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of Whereas the said Article 2 provides that the price for the other part (10), as amended by Regulation (EEC) No each cereal on the world market shall be equal to the 2235/93 (u), and in particular Article 1 thereof introduce average of the cif prices of such cereal ; whereas the cif arrangements for reducing import levies on certain prices shall be determined for the period of five months products ; whereas Commission Regulation (EEC) No ending one month before the quarter in respect of which 2698/93 (l2), as amended by Regulation (EC) No 3560/ the said amount is calculated ; whereas that period is 93 (13), lays down detailed rules for applying the arrange­ 1 January to 31 May 1994 ; ments provided for in these agreements as regards pigmeat ;

Whereas the second component, which represents the (3) OJ No L 370, 31 . 12. 1990, p. 121 . extra cost, in relation to feed grain of feedingstuffs other (j OJ No L 338, 31 . 12. 1993, p. 22. 0 OJ No L 84, 30. 3. 1990, p. 85. than grain required for the production of one kilogram of (j OJ No L 30, 3. 2. 1994, p. 12. pigmeat, shall, in accordance with Article 3 (1 ) of Regula­ f) OJ No L 263, 19 . 9 . 1991 , p. 1 . tion (EEC) No 2766/75, be 15 % of the value of the o OJ No L 319, 21 . 12. 1993, p. 1 . quantity of feed grain ; 0 OJ No L 319, 21 . 12. 1993, p. 4. (,0) OJ No L 56, 29 . 2. 1992, p. 9 . (") OJ No L 200, 10. 8. 1993, p. 5. (') OJ No L 282, 1 . 11 . 1975, p. 25. (,2) OJ No L 245, 1 . 10. 1993, p. 80. 0 OJ No L 370, 30. 12. 1987, p. 11 . (,3) OJ No L 324, 24. 12. 1993, p. 42.

No L 198/ 126 Official Journal of the European Communities 30. 7. 94

Whereas, in addition, account must be taken of Decision Whereas the measures provided for in this Regulation are 94/ 1 /ECSC, EC of the Council and Commission ('), in accordance with the opinion of the Management concerning the conclusion of the Agreements on the Committee for Pigmeat, European Economic Area, between the European Community, the European Coal and Steel Community and their Member States, on the one hand, and Austria, HAS ADOPTED THIS REGULATION : Finland, Iceland, Norway, Sweden and Liechtenstein, on the other hand, hereafter referred to as the 'EEA Agree­ Article 1 ment' ; whereas the Bilateral Agreements on agriculture between the Community, on the one hand, and Austria 1 . During the period 1 August to 30 September 1994, and Finland, on the other hand, enter into force at the 1994, the sluice-gate prices and levies provided for in same time as the EEA Agreement ; whereas Commission Articles 12 and 8 respectively of Regulation (EEC) No Regulation (EC) No 3580/93 (2) lays down detailed rules 2759/75 for the products referred to in Article 1 (1 ) for the application of the import arrangements for these thereof shall be as set out in the Annex hereto. products originating in Austria and Finland ; Whereas Council Regulations (EC) No 3641 /93 (3) and 2. Nevertheless, in the case of products falling within (EC) No 3642/93 (4) on certain rules for applying the CN codes 0206 30 21 , 0206 30 31 , 0206 41 91 , Interim Agreement on trade and trade-related matters 0206 49 91 , 1501 00 11 , 1601 00 10, 160210 00, between the European Economic Community and the 1602 20 90 or 1602 90 10, in respect of which the rate of European Coal and Steel Community, of the one part, duty has been bound conforming to the general Agree­ and the Republic of Bulgaria and Romania, of the other ment on Tariffs and Trade (GATT), the levy shall not part ; whereas Commission Regulation (EC) No exceed the amount resulting from that binding. 1590/94 (*) lays down detailed rules for applying the arrangements provided for in these agreements as regards Article 2 pigmeat ; Whereas Council Regulation (EC) No 774/94 of 29 March Regulation (EC) No 1602/94 is repealed. 1994(6) }jas opened Community tariff quotas for certain agricultural products and fixed the levies to be applied on imports of those products ; whereas Regulation (EC) No Article 3 1432/94 0 has established the detailed rules of the import regime for pigmeat laid down in Regulation (EC) No 774/94 : This Regulation shall enter into force on 1 August 1994.

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

Done at Brussels, 29 July 1994.

For the Commission Rene STEICHEN Member of the Commission

>) OJ No L 1 , 3. 1 . 1994, p. 1 . (2) OJ No L 326, 28. 12. 1993, p. 16. (3) OJ No L 333, 31 . 12. 1993, p. 16. (4) OJ No L 333, 31 . 12. 1993, p. 17. O OJ No L 167, 1 . 7 . 1994, p. 16. {*) OJ No L 91 , 8. 4. 1994, p. 1 . O OJ No L 156, 23. 6. 1994, p. 14.

30. 7. 94 Official Journal of the European Communities No L 198/ 127

ANNEX

to the Commission Regulation of 29 July 1994 fixing the sluice-gate prices and levies on pigmeat

Conventional Sluice-gate price Amount of levies rate of duty CN code (ECU/ 100 kg) (ECU/100 kg) (3) bound within GATT (%)

0103 91 10 71,09 36,35 — 0103 92 11 60,46 30,91 — 0103 92 19 71,09 36,35 (4) — 0203 11 10 92,44 47,26 (4) 0 (6) — 0203 12 11 134,04 68,53 (4) (*) (*) — 0203 12 19 1 03,53 52,94 (4) (*) (6) — 0203 19 11 1 03,53 52,94 (4) (*) (s) — 0203 19 13 149,75 76,57 (4) (*) («) f) — 0203 19 15 80,42 41,12 (4) (*) («) — 0203 19 55 149,75 76,57 (4)(*)(6) — 0203 19 59 149,75 76,57 (4) 0 (6) — 0203 21 10 92,44 47,26 (4) (*) (6) — 0203 22 11 134,04 68,53 (4) Q («) — 0203 22 19 103,53 52,94 (4) (*) (6) — 0203 29 11 103,53 52,94 (4) 0 («) — 0203 29 13 149,75 76,57 (') (4) 0 0 — 0203 29 15 80,42 41,12 (4)(*) (6)Q — 0203 29 55 149,75 76,57 (') (4) 0 0 — 0203 29 59 149,75 76,57 (4) (*) («) — 0206 30 21 111,85 57,19 7 0206 30 31 81,35 41,59 4 0206 41 91 111,85 57,19 7 0206 49 91 81,35 41,59 4 0209 00 11 36,98 18,91 — 0209 00 19 40,67 20,80 — 0209 00 30 22,19 11,34 — 021 0 1 1 1 1 1 34,04 68,53 (') (4) — 0210 11 19 103,53 52,94 (4) — 0210 11 31 260,68 133,29 00 — 0210 11 39 205,22 104,93 (4) — 0210 1211 80,42 41,12 (') (4) — 0210 12 19 134,04 68,53 (4)Q — 0210 19 10 118,32 60,50 (4) — 0210 19 20 129,42 66,17 (4) — 0210 19 30 103,53 52,94 (4) — 0210 19 40 149,75 76,57 (')(4) — 0210 19 51 149,75 76,57 (4) — 0210 1 9 59 149,75 76,57 (4) — 0210 19 60 205,22 104,93 (4) — 0210 19 70 257,91 131,87 (4) — 0210 19 81 260,68 133,29 (4)0 — 0210 19 89 260,68 133,29 (4) — 0210 90 31 111,85 57,19 — 0210 90 39 81,34 41,59 — 1501 00 11 29,58 15,12 3 1501 00 19 29,58 15,12 — 1601 00 10 129,42 104,01 (2) 24

No L 198 / 128 Official Journal of the European Communities 30 . 7. 94

Conventional Sluice-gate price Amount of levies rate of duty CN code (ECU/ 100 kg) (ECU/ 100 kg) (3) bound within GATT (%)

1601 00 91 217,23 1 53,38 (') (2) (4) (6) — 1601 00 99 147,90 99,21 (') (2) (4) 0 (6) — 1602 10 00 103,53 57,07 26 1602 20 90 120,17 91,30 25 1602 41 10 226,48 1 59,96 (4)(6) — 1602 42 10 189,50 1 24,75 (4)(6) — 1 602 49 1 1 226,48 1 63,89 (4) (6) — 1 602 49 1 3 1 89,50 1 21 ,49 (4) (6) — 1 602 49 1 5 1 89,50 1 1 7,47 (') (4) (6) — 1 602 49 1 9 1 24,79 83,05 (') (4) (6) — 1602 49 30 103,53 70,43 (4)(6) — 1602 49 50 61,93 59,55 (4)(6) — 1602 90 10 120,17 82,71 26 1602 90 51 124,79 80,09 — 1902 20 30 61,93 51,07 —

(') The levy on products originating in the developing countries and listed in the Annex to Regulation (EEC) No 3834/90 is reduced by 50 % within the limits of the fixed amounts referred to in that Annex. (2) The levy on products originating in the ACP/OCT and listed in Article 8 of amended Regulation (EEC) No 715/90 reduced by 50 % within the limits of the quotas referred to in that Regulation. (3) No levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC. (4) For products imported from Poland, Hungary and the Czech and Slovak Republics, the levy applicable is restricted within the conditions provided for in Regulation (EEC) No 2698/93. 0 For products imported from Austria or Finland, the levy applicable is restricted within the conditions provided for in Regulation (EC) No 3580/93. (6) For products imported from Bulgaria and Romania, the levy applicable is restricted within the conditions provided for in Regulation (EC) No 1590/94. Q For these imported products, the levy applicable is restricted within the conditions provided for in Council Regulation (EC) No 774/94.

NB : The CN codes and the footnotes are defined in amended Commission Regulation (EEC) No 2658 /87 .