CELEX: 31994R3273
Language: en
Date: 1994-12-29 00:00:00
Title: Commission Regulation (EC) No 3273/94 of 28 December 1994 fixing the import levies on live cattle and on beef and veal other than frozen

No L 339/60                          Official Journal of the European Communities                                 29 . 12. 94
                                   COMMISSION REGULATION (EC) No 3273/94
                                                  of 28 December 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
 Community,                                                     (a) 100 % where the market price is more than or equal
                                                                     to 98 % of the guide price ;
 Having regard to Council Regulation (EEC) No 805/68 of         (b) 105 % where the market price is less than 98 % and
 27 June 1968 on the common organization of the market               more than or equal to 96 % of the guide price ;
 in beef and veal ('), as last amended by Regulation (EC)       (c) 110 % where the market price is less than 96 % and
 No 1884/94 (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
percentage of the basic levy ;                                  Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                No 805/68 the basic levy on the meat specified in
                                                                sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is          basic levy determined for bovine animals, multiplied by a
determined on the basis of the difference between the           standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer            question ; whereas these coefficients are fixed by
price plus the amount of the customs duty ; whereas the         Commission Regulation (EEC) No 586/77 of 18 March
 Community free-at-frontier offer price is determined in        1977 laying down rules for the application of levies on
the light of the most representative purchasing possibili­      beef and veal and amending Regulation (EEC) No 950/68
ties, as regards quality and quantity, recorded over a          on the Common Customs Tariff (3), as last amended by
certain period for bovine animals and for the fresh or          Regulation (EEC) No 3661 /92 (4);
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 prices for adult bovine animals for the
cular of the position with respect to supply and demand,
of world market prices for frozen meat of a category            1994/95 marketing year have been fixed by Council
which is competitive with fresh or chilled meat and of          Regulation (EC) No 1885/94(0 ;
past experience ;
                                                                Whereas Regulation (EEC) No 586/77 stipulates that the
Whereas if it is found that the price of adult bovine           basic levy is to be calculated according to the method set
animals on representative Community markets is higher           out in its Article 3 and on the basis of all the representa­
than the guide price, the levy applicable equals the fol­       tive free-at-frontier offer prices of the Community deter­
lowing percentage of the basic levy :                           mined for the products of each of the categories and cuts
                                                                specified in Article 2 and established principally by
(a) 75 % where the market price is less than or equal to        reference to the prices specified in the customs docu­
     102 % of the guide price ;                                 ments accompanying products imported from third coun­
                                                                tries or from other information concerning export prices
(b) 50 % where the market price is more than 102 % and          obtaining in those third countries ;
     less than or equal to 104% of the guide price ;
(c) 25 % where the market price is more than 104 % and
     less than or equal to 1 06 % of the guide price ;          Whereas, however, offer prices that do not correspond to
                                                                real purchasing possibilities or that relate to unrepresenta­
(d) 0 % where the market price is more than 106 % of            tive quantities should not be taken into account ; offer
     the guide price ;                                          prices should also be excluded when the movement of
                                                                prices in general or the information available suggests that
                                                                they are unrepresentative of the true trend of prices in the
Whereas if it is found that the price of adult bovine           country of origin ;
animals on representative Community markets is equal to
                                                                o OJ No L 75, 23. 3. 1977, p. 10.
(') OJ No L 148, 28. 6. 1968, p. 24.                            (4) OJ No L 370, 19. 12. 1992, p. 16.
0 OJ No L 197, 30. 7. 1994, p. 27.                              (4 OJ No L 197, 30. 7. 1994, p. 29.
 ---pagebreak---  29. 12. 94                              Official Journal of the European Communities                            No L 339/61
Whereas in cases where for one or more categories of               basis of prices recorded over a period to be determined on
bovine animals or cuts of meat a free-at-frontier offer            the representative market or markets of each Member
 price cannot be established, the most recent available            State in respect of the various categories of adult bovine
 price should be used for the calculation ;                        animals or of meat from such animals, after taking into
                                                                   account the size of each of these categories and the rela­
                                                                   tive size of the bovine herd of each Member State :
Whereas if the free-at-frontier offer price differs by less
than ECU 0,60 per 1 00 kilograms of live weight from that
 previously used for the calculation of the levy, the latter
 price should be retained ;
                                                                   Whereas the representative markets, categories and quali­
                                                                   ties of products and weighting coefficients are fixed in
Whereas pursuant to Article 10 (3) of Regulation (EEC)             Annex II to Commission Regulation (EEC) No 610/77 of
 No 805/68 a special basic levy is determined for certain          18 March 1977 on the determination of prices of adult
third countries on the basis of the difference between the         bovine animals on representative Community markets
guide price and the average price recorded over a certain          and the survey of prices of certain other cattle in the
period plus the amount of the customs duty ;                       Community Q, as last amended by Regulation (EC) No
                                                                   3270/94 (8) ;
Whereas Commission Regulation (EEC) No 611 /77 ('), as
last amended by Regulation (EC) No 3246/94 (2), provides
that the special levy on products originating in Switzer­          Whereas, for Member States with several representative
land should be determined on the basis of the weighted             markets, the price of each category and quality is equal to
average of the prices of adult bovine animals recorded on          the arithmetic mean of the prices recorded on each of
the representative markets of this third country ; whereas         those markets ; whereas, for representative markets held
the weighting coefficients and representative markets are          several times in one period of seven days, the price of
specified in the Annexes to Regulation (EEC) No 611 /77 ;          each category and quality is equal to the arithmetic mean
                                                                   of the prices recorded on each market day ; whereas in
                                                                   respect of Italy the price of each category and quantity is
Whereas the levy is not collected in respect of imports            equal to the average, weighted by the special weighting
under the quotas opened by Council Regulations (EC) No             coefficients fixed in Annex II to Regulation (EEC) No
3071 /94 (3) and (EC) No 774/94 (4) and Commission                 610/77, of the prices recorded in the surplus and deficit
Regulations (EC) No 3241 /94 (^ and (EC) No 3243/94 (6) ;          zones ; whereas the price recorded in the surplus zone is
                                                                   equal to the arithmetic mean of the prices recorded on
                                                                   each of the markets within that zone ; whereas in respect
Whereas the average price is not to be used for calcula­           of the United Kingdom the weighted average prices of
ting the special levy unless it is at least ECU 1,21 per 100       adult bovine animals recorded on the representative
kilograms of live weight more than the free-at-frontier            markets of Great Britain on the one hand and Northern
offer price determined in accordance with Article 1 0 (2) of       Ireland on the other are adjusted by the coefficient fixed
Regulation (EEC) No 805/68 ;                                       in the abovementioned Annex II :
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 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
                                                                   cients fixed in Annex II to the said Regulation and, in the
Whereas in cases where one or more of the abovemen­
                                                                   case of Italy, are first increased or reduced by the correc­
tioned third countries adopt, for reasons of health for            tive amounts fixed in the said Annex :
example, measures affecting the prices recorded on their
markets, the Commission may use the latest prices
recorded before the entry into force of such measures ;
                                                                   Whereas if one or more Member States, for veterinary or
Whereas pursuant to Article 12 (6) of Regulation (EEC)             health reasons for example, adopt measures affecting the
No 805/68 the price of adult bovine animals on represen­           normal trend of prices recorded on their markets the
tative Community markets is the price established on the           Commission may disregard the prices recorded on the
                                                                   market or markets in question, or use the latest prices
(') OJ No   L 77, 25. 3. 1977, p. 14.                              recorded on the market or markets in question before the
 2) OJ No   L 338, 28. 12. 1994, p. 70.                            entry into force of such measures ;
(3) OJ No   L 325, 17. 12. 1994, p. 1 .
(4) OJ No   L 91 , 8. 4. 1994, p. 1 .
0   OJ No   L 338, 28 . 12. 1994, p. 53.                           0 OJ No L 77, 25. 3. 1977, p. 1 .
i6) OJ No   L 338, 28 . 12. 1994, p. 62.                           (8) See page 48 of this Official Journal.
 ---pagebreak---  No L 339/62                             Official Journal of the European Communities                                  29 . 12. 94
 Whereas, in the absence of information, prices recorded           (n), as amended by Regulation (EC) No 1850/94 (12), lays
 on representative Community markets are determined                down detailed rules for applying the arrangements
 mainly by reference to the most recently recorded prices ;        provided for in these agreements as regards beef ;
 Whereas for such period as the price of adult bovine              Whereas, pursuant to Article 101 (1 ) of Council Decision
 animals recorded on representative Community markets              91 /482/EEC of 25 July 1991 on the association of the
 differs by less than ECU 0,24 per 100 kilograms of live           overseas countries and territories with the European
 weight from the price previously used, the latter is              Economic Community (13) no levies shall apply on
 retained ;                                                        imports of products originating in the overseas countries
                                                                   and territories ;
 Whereas the levies must be so fixed that obligations
 arising from international agreements concluded by the            Whereas the various cuts of beef and veal are defined in
 Community continue to be fulfilled ;                              Regulation (EEC) No 586/77 ;
Whereas, in addition, account must be taken of Decision
94/ 1 /ECSC, EC of the Council and Commission (!),
                                                                   Whereas, pursuant to Article 33 (2) of Regulation (EEC)
                                                                   No 805/68, the nomenclature provided for in this Regula­
 concerning the conclusion of the Agreements on the                tion is incorporated in the combined nomenclature ;
 European Economic Area, between the European
 Community, the European Coal and Steel Community                  Whereas the levies and special levies are fixed before the
 and their Member States, on the one hand, and Austria,
                                                                   27th day of each month and are . applicable from the first
 Finland, Iceland, Norway, Sweden and Liechtenstein, on            Monday of the following month ; whereas these levies
 the other hand, hereafter referred to as the 'EEA Agree­          may be altered in the period between two fixings where
 ment' ;
                                                                   the basic levy or special basic levy is altered, or in the case
Whereas Council Regulation (EEC) No 715/90 (2), as last            of changes in the prices recorded on Community repre­
                                                                   sentative markets ;
 amended by Regulation (EC) No 2484/94 (3), lays down
the arrangements applicable on agricultural products and           Whereas the representative market rates defined in Article
certain goods resulting from the processing of agricultural        1 of Council Regulation (EEC) No 3813/92 (14), as
products originating in the African, Caribbean and Pacific         amended by Regulation (EC) No 3528/93 (15), are used to
States ;
                                                                   convert amounts expressed in third country currencies
Whereas Council Regulations (EC) No 3491 /93 (4), and              and are used as the basis for determining the agricultural
                                                                   conversion rates of the Member States' currencies ;
(EC) No 3492/93 (*), on certain procedures for applying
the Europe Agreement establishing an association                   whereas detailed rules on the application and determina­
between the European Communities and their Member                  tion of these conversions were set by Commission Regu­
States, of the one part, and the Republics of Hungary and          lation (EEC) No 1068/93 (16), amended by Regulation (EC)
Poland, of the other part, and Council Regulation (EEC)            No 547/94 (17),
No 520/92 of 27 February 1992 on certain rules for
applying the Interim Agreement on trade and trade­                 Whereas, having regard to the provisions of the aforemen­
related matters between the European Economic Commu­               tioned Regulation, and in particular to the information
nity and the European Coal and Steel Community, of the             and quotations known to the Commission, the levies on
one part, and the Czech and Slovak Federal Republic, of            live cattle and beef and veal other than frozen meat
the other part (% as amended by Regulation (EEC) No                should be as set out in the Annex hereto,
2235/93 Q, and in particular Article 1 thereof introduce
arrangements for reducing import levies on certain
products ; whereas Commission Regulation (EC) No                   HAS ADOPTED THIS REGULATION :
1390/94 (8), lays down detailed rules for applying the
import arrangements provided for in these agreements as
regards beef ;
                                                                                              Article 1
Whereas Council Regulations (EC) No 3641 /93 (9), and
(EC) No 3642/93 (10), on certain rules for applying the            The import levies on live cattle and beef and veal other
Interim Agreement on trade and trade-related matters               than frozen meat shall be as set out in the Annex to the
between the European Economic Community and the                    present Regulation.
European Coal and Steel Community, of the one part,
and the Republic of Bulgaria and Romania, of the other
part ; whereas Commission Regulation (EC) No 1389/94                                          Article 2
0   OJ  No  L 1 , 3. 1 . 1994, p. 1 .                              This Regulation shall enter into force on 2 January 1995.
(2) OJ  No  L 84, 30. 3. 1990, p. 85.
(3) OJ  No  L 265, 15. 10. 1994, p. 3.
(4) OJ  No  L 319, 21 . 12. 1993, p. 1 .                           (")  OJ No  L 152, 18.  6. 1994, p. 16.
O   OJ  No  L 319, 21 . 12. 1993, p. 4.                            (,2) OJ No  L 192, 28.  7. 1994, p. 24.
(Ó OJ No L 56, 29. 2. 1992, p. 9.                                  O    OJ No  L 263, 19.  9. 1991 , p. 1 .
O OJ No L 200, 10. 8. 1993, p. 5.                                  (14) OJ No  L 387, 31 . 12. 1992, p. 1 .
(8) OJ No L 152, 18. 6. 1994, p. 20.                               H OJ No L 320, 22. 12. 1993, p. 32.
O OJ No L 333, 31 . 12. 1993, p. 16.                               H OJ No L 108, 1 . 5. 1993, p. 106.
H OJ No L 333, 31 . 12. 1993, p. 17.                               ('i OJ No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- 29 . 12. 94                    Official Journal of the European Communities                        No L 339/63
            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
 ---pagebreak---  No L 339/64                                     Official Journal of the European Communities                                              29. 12. 94
                                                                        ANNEX
                      to the Commission Regulation of 28 December 1994 fixing the import levies on live cattle
                                                     and on beef and veal other than frozen
                                                                                                                                           (ECU/100 kg)
                        CN code                                         Switzerland                              Other third countries (*)
                                                                                            — Live weight —
                      0102 90 05                                             0                                         131,433 (')
                      0102 90 21                                             0                                         131,433 0
                      0102 90 29                                             0                                         131,433 (')
                      0102 90 41                                             0                                         131,433 00
                      0102 90 49                                             0                                         131,43300
                      0102 90 51                                             0                                         131,433 0
                      0102 90 59                                             0                                         131,433 0
                      0102 90 61                                             0                                         131,433 0
                      0102 90 69                                             0                                         131,433 0
                      0102 90 71                                             0                                         131,433 0
                      0102 90 79                                             0                                         131,433 0
                                                                                            — Net weight —
                      0201 10 00                                             0                                       249,723 0 0
                      0201 20 20                                             0                                       249,723 0 0
                      0201 20 30                                             0                                       199,778 0 0
                      0201 20 50                                             0                                       299,667 0 0
                      0201 20 90                                             0                                       374,583 0 0
                      0201 30 00                                             0                                       428,471 0 0 0
                      0206 10 95                                             0                                       428,471 00
                      0210 20 10                                             0                                       374,583
                      0210 20 90                                             0                                       428,471
                      0210 90 41                                             0                   '                   428,471
                      0210 90 90                                             0                                       428,471
                      1602 50 10                                             0                                       428,471
                      1602 90 61                                             0                                       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) 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.1 certificates issued in accor­
    dance with Commission Regulation (EC) No 1390/94 or Regulation (EC) No 1389/94 have been presented, are subject to the levies foreseen in those
    Regulations.
(4) 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.
O For imported products falling within these codes, the levy applicable is restricted within the conditions provided for in Council Regulations (EC)
    No 3071 /94 and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94 and (EC) No 3243/94.