31994R3274

29 . 12. 94 No L 339/65 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 3274/94 of 28 December 1994 fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (b) 50 % where the market price is more than 102 % and less than or equal to 104 % of the guide price ; Having regard to the Treaty establishing the European (c) 25 % where the market price is more than 104 % and Community, less than or equal to 106 % of the guide price ;

(d) 0 % where the market price is more than 106 % of Having regard to Council Regulation (EEC) No 805/68 of the guide price ; 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EC) No 1884/94 (2), and in particular Article 12 (8) thereof, Whereas, if it is found that the price of adult bovine animals on representative Community markets is equal to Whereas, pursuant to Article 9 of Regulation (EEC) No or less than the guide price, the levy applicable equals the 805/68, a levy is applicable to the products specified in following percentage of the basic levy : Article 1 (1 ) (a) of that Regulation ; whereas Article 12 fixes the amount of the levy applicable by reference to a (a) 100 % where the market price is more than or equal percentage of the basic levy ; to 98 % of the guide price ;

(b) 105 % where the market price is less than 98 % and Whereas, in respect of the types of frozen meat listed in more than or equal to 96 % of the guide price ; section (b) of the Annex to the said Regulation under CN codes 0202 1 0 00 and 0202 20 1 0, the basic levy is deter­ (c) 110 % where the market price is less than 96 % and mined on the basis of the difference between : more than or equal to 90 % of the guide price ;

— the guide price multiplied by a coefficient represent­ (d) 114 % where the market price is less than 90 % of ing the ratio existing in the Community between the the guide price ; price of fresh meat of a category competitive with the frozen meat in question, presented in the same form, and the average price of adult bovine animals, and Whereas the guide prices for adult bovine animals for the 1994/95 marketing year were fixed by Council Regulation — the Community free-at-frontier offer price for frozen (EC) No 1885/94 0 ; meat, plus the amount of the customs duty and a stan­ dard amount representing the specific costs of the import operations ; Whereas the Community free-at-frontier offer price for frozen meat is determined by reference to the world Whereas, by Commission Regulation (EEC) No 586/77 of market price based on the most representative purchasing 18 March 1977 laying down rules for the application of possibilities, as regards quality and quantity, recorded over the levies on beef and veal and amending Regulation a certain period preceding the fixing of the basic levy, (EEC) No 950/68 on the Common Customs Tariff (3), as taking into account in particular : last amended by Regulation (EEC) No 3661 /92 (4), the abovementioned coefficient, calculated in accordance with — foreseeable developments on the market in frozen the rules laid down in Article 11 (2) (a) of Regulation meat, (EEC) No 805/68, has been fixed at 1,69 units of account and the standard amount referred to in Article 11 (2) (b) — the most representative prices on third country of the said Regulation has been fixed at ECU 6,65 ; markets for fresh and chilled meat of a category which is competitive with frozen meat, Whereas, if it is found that the price of adult bovine — past experience ; animals on representative Community markets is higher than the guide price, the levy applicable equals the fol­ lowing percentage of the basic levy : Whereas the basic levy on the types of frozen meat listed in section (b) of the Annex to Regulation (EEC) No (a) 75 % where the market price is less than or equal to 805/68 under CN codes 0202 20 50, 0202 20 90, 102 % of the guide price ; 0202 30 10, 0202 30 50 and 0202 30 90 is equal to the basic levy fixed for the products falling within CN codes (') OJ No L 148 , 28 . 6. 1968, p. 24. 0202 10 00 and 0202 20 10, multiplied by a standard (2) OJ No L 197, 30 . 7. 1994, p. 27. (3) OJ No L 75, 23. 3 . 1977, p. 10. (4) OJ No L 370 , 19 . 12. 1992, p. 16. n OJ No L 197, 30 . 7. 1994, p. 29 .

No L 339/66 Official Journal of the European Communities 29 . 12. 94

coefficient fixed for each of the products in question ; Whereas prices for the different categories and qualities whereas these coefficients were fixed in Annex II to not obtained from prices which are 'live weight excluding Regulation (EEC) No 586/77 ; tax', are multiplied by the live weight conversion coeffi­ cients fixed in Annex II to the said Regulation and, in the case of Italy, are first increased or reduced by the correc­ Whereas, for the purpose of fixing the free-at-frontier tive amounts fixed in the said Annex ; offer prices, offer prices that do not correspond to real purchasing possibilities or that relate to unrepresentative quantities should not be taken into account ; whereas Whereas if one or more Member States, for veterinary or offer prices should also be excluded when the movement health reasons for example, adopt measures affecting the of prices in general or the information available gives normal trend of prices recorded on their markets, the reason to believe that they are unrepresentative of the true Commission may disregard the prices recorded on the trend of prices in the country of origin ; market or markets in question, or use the latest prices recorded on the market or markets in question before the entry into force of such measures ; Whereas, where the free-at-frontier offer price for frozen meat differs by less than one unit of account per 100 kilo­ grams from that previously used for the calculation of the Whereas, in the absence of information, prices recorded levy, the latter price should be retained ; on representative Community markets are determined mainly by reference to the most recently recorded prices ; Whereas pursuant to Article 12 (6) of Regulation (EEC) No 805/68 the price of adult bovine animals on represen­ tative Community markets is the price established on the Whereas, for such period as the price of adult bovine basis of prices recorded over a period to be determined on animals recorded on representative Community markets the representative market or markets of each Member differs by less than ECU 0,24 per 100 kilograms of live State for the various categories of adult bovine animals or weight from the price previously used, the latter is of meat from such animals, taking into account the size of retained ; each of these categories and the relative size of the bovine herd of each Member State ; Whereas Council Regulation (EEC) No 715/90 (3), as last amended by Regulation (EC) No 2484/94 (4), lays down Whereas the representative markets, categories and quali­ the arrangements applicable on agricultural products and ties of products and weighting coefficients are fixed in certain goods resulting from the processing of agricultural Annex II to Commission Regulation (EEC) No 610/77 of products originating in the African, Caribbean and Pacific 18 March 1977 on the determination of prices of adult States : bovine animals on representative Community markets and the survey of prices of certain other cattle in the Community ('), as last amended by Regulation (EC) No 3270/94 (2) ; Whereas Council Regulations (EC) No 3491 /93 (*) and (EC) No 3492/93 (*), on certain procedures for applying the Europe Agreement establishing an association Whereas, for Member States with several representative between the European Communities and their Member markets, the price of each category and quality is equal to States, of the one part, and the Republics of Hungary and the arithmetic mean of the prices recorded on each of Poland, of the other part, and Council Regulation (EEC) those markets ; for representative markets held several No 520/92 of 27 February 1992 on certain rules for times in one period of seven days, the price of each cat­ applying the Interim Agreement on trade and trade­ egory and quality is equal to the arithmetic mean of the related matters between the European Economic Commu­ prices recorded on each market day ; whereas in respect of nity and the European Coal and Steel Community, of the Italy the price of each category and quality is equal to the one part, and the Czech and Slovak Federal Republic, of average, weighted by the special weighting coefficients the other partQ, as amended by Regulation (EEC) No fixed in Annex II to Regulation (EEC) No 610/77, of the 2235/93 (8), and in particular Article 1 thereof introduce prices recorded in the surplus and deficit zones ; whereas arrangements for reducing import levies on certain the price recorded in the surplus zone is equal to the products ; whereas Commission Regulation (EC) No arithmetic mean of the prices recorded on each of the 1390/94 f) lays down detailed rules for applying the markets within that zone ; whereas in respect of the arrangements provided for in these agreements as regards United Kingdom the weighted average prices of adult beef ; bovine animals recorded on the representative markets of Great Britain on the one hand and Northern Ireland on (3) OJ No L 84, 30 . 3. 1990, p. 85. the other are adjusted by the coefficient fixed in the 0 OJ No L 265, 15. 10. 1994, p. 3. abovementioned Annex II ; 0 OJ No L 319, 21 . 12. 1993, p. 1 . (6) OJ No L 3 19, 21 . 12. 1993, p. 4. 0 OJ No L 56, 29. 2. 1992, p. 9 . (') OJ No L 77, 25. 3 . 1977, p. 1 . (8) OJ No L 200, 10. 8. 1993, p. 5. (2) See page 48 of this Official Journal. 0 OJ No L 152, 18. 6. 1994, p. 20.

29 . 12. 94 No L 339 /67 Official Journal of the European Communities

Whereas Council Regulations (EC) No 3641 /93 (x) and the period between two fixings where the basic levy is (EC) No 3642/93 (2) on certain rules for applying the altered, or in these case of changes in the prices recorded Interim Agreement on trade and trade-related matters on Community representative markets ; between the European Economic Community and the European Coal and Steel Community, of the one part, Whereas the representative market rates defined in Article and the Republic of Bulgaria and Romania, of the other 1 of Council Regulation (EEC) No 3813/92 (10), as part ; whereas Commission Regulation (EC) No amended by Regulation (EC) No 3528/93 (n), are used to 1389/94 (3), as amended by Regulation (EC) No convert amounts expressed in third country currencies 1850/94 (4), lays down detailed rules for applying the and are used as the basis for determining the agricultural conversion rates of the Member States' currencies ; arrangements provided for in these agreements as regards beef ; whereas detailed rules on the application and determina­ tion of these conversions were set by Commission Regu­ lation (EEC) No 1068/93 (12), as amended by Regulation Whereas the levy is not collected in respect of imports (EC) No 547/94 (13) ; under the quotas opened by Council Regulations (EC) No 3071 /94 0 and (EC) No 774/94 0 and by Commission Whereas, having regard to the provisions of the aforemen­ Regulations (EC) No 3241 /94 Q and (EC) No 3243/94 (8) ; tioned Regulations, and in particular to the information Whereas, pursuant to Article 101 (1 ) of Council Decision and quotations known to the Commission, the levies on frozen beef and veal should be as set out in the Annex 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European hereto, Economic Community (9), no levies shall apply on imports of products originating in the overseas countries and territories ; HAS ADOPTED THIS REGULATION : Whereas the various cuts of frozen meat are defined in Regulation (EEC) No 586/77 ; Article 1 Whereas, pursuant to Article 33 (2) of Regulation (EEC) The import levies on frozen beef and veal shall be as set No 805/68, the nomenclature provided for in this Regula­ out in the Annex. tion is incorporated in the combined nomenclature ; Whereas the levies are fixed before the 27th day of each Article 2 month and are applicable from the first Monday of the following month ; whereas these levies may be altered in This Regulation shall enter into force on 2 January 1995.

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

Done at Brussels, 28 December 1994. For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 333, 31 . 12. 1993, p. 16. (2) OJ No L 333, 31 . 12. 1993, p. 17. (3) OJ No L 152, 18 . 6. 1994, p. 16. (4) OJ No L 192, 28 . 7. 1994, p. 24. 0 OJ No L 325, 17. 12. 1994, p. 1 . M OJ No L 91 , 8. 4. 1994, p. 1 . (10) OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 338, 28 . 12. 1994, p. 53. (n) OJ No L 320, 22. 12. 1993, p. 32. (8) OJ No L 338, 28 . 12. 1994, p. 62. (12) OJ No L 108 , 1 . 5. 1993, p. 106. (9) OJ No L 263, 19 . 9 . 1991 , p. 1 . (13) OJ No L 69, 12. 3 . 1994, p. 1 .

No L 339/68 Official Journal of the European Communities 29 . 12. 94

ANNEX

to the Commission Regulation of 28 December 1994 fixing the import levies on frozen beef and veal (') (2)

(ECU/ 100 kg)

CN code Levy

— Net weight —

020210 00 148,417 (3) 0202 20 10 148,417 (3) 0202 20 30 118,733 (3) 0202 20 50 185,521 (3) 0202 20 90 222,625 (3) 0202 30 10 185,521 (3) 0202 30 50 185,521 (3) 0202 30 90 255,277 (3) (4) 0206 29 91 255,277 (4)

(') 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) 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 Repu­ blic, Bulgaria, Romania and the Community, and in respect of which EUR.l certificates issued in accordance with Commission Regulation (EC) No 1390/94, amended, or Regulation (EC) No 1389/94 have been presented, are subject to the levies foreseen in those Regulations. (4) The levy on the products falling within these codes, imported pursuant to Council Regulations (EC) No 3071 /94 and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94, (EC) No 957/94 and (EC) No 3243/94, is restricted pursuant to the conditions laid down in those Regulations.