CELEX: 31992R1104
Language: en
Date: 1992-05-01 00:00:00
Title: Commission Regulation (EEC) No 1104/92 of 30 April 1992 fixing the import levies on live cattle and on beef and veal other than frozen

1 . 5. 92                            Official Journal of the European Communities                              No L 117/51
                                   COMMISSION REGULATION (EEC) No 1104/92
                                                     of 30 April 1992
                     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
Economic Community,
                                                                (a) 100 % where the market price is more than or equal
                                                                     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 (EEC)       (c) 110 % where the market price is less than 96 % and
No 1628/91 (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 under Article 9 of Regulation (EEC) No 805/68                the guide price ;
a levy is applicable to the products specified in Article 1
(1 ) (a) of that Regulation ; whereas Article 12 fixes the      Whereas pursuant to Article 10 (4) of Regulation (EEC)
amount of the levy applicable by reference to a percen­         No 805/68 the basic levy on the meat specified in
tage 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
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 3988/87 (4);
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 10, 0201 10 90,          1991 /92 marketing year were fixed by Council Regulation
0201 20 11 and 0201 20 19, account being taken in parti­        (EEC) No 1629/91 0 ; whereas Council Regulation (EEC)
cular of the position with respect to supply and demand,        No 786/92 (*) has extended the 1991 /92 marketing year
of world market prices for frozen meat of a category            for beef and veal until 31 May 1992 ;
which is competitive with fresh or chilled meat and of
past experience ;
                                                                Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                basic levy is to be calculated according to the method set
Whereas if it is found that the price of adult bovine           out in its Article 3 and on the basis of all the representa­
animals on representative Community markets is higher           tive free-at-frontier offer prices of the Community deter­
than the guide price, the levy applicable equals the follo­     mined for the products of each of the categories and cuts
wing percentage of the basic levy :                             specified in Article 2 and established principally by
                                                                reference to the prices specified in the customs docu­
(a) 75 % where the market price is less than or equal to        ments accompanying products imported from third coun­
     102 % of the guide price ;                                 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          Whereas, however, offer prices that do not correspond to
     less than or equal to 106% of the guide price ;            real purchasing possibilities or that relate to unrepresenta­
                                                                tive quantitities should not be taken into account ;
(d) 0 % where the market price is more than 106 % of            whereas offer prices should also be excluded when the
     the guide price ;                                          movement of prices in general or the information avai­
                                                                lable suggests that they are unrepresentative of the true
                                                                trend of prices in the country of origin ;
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.
                                                                (4) OJ  No  L  376, 31 . 12. 1987, p. 31 .
(') OJ No L 148, 28 . 6. 1968, p. 24.                          -O   OJ  No  L  150, 15. 6. 1991 , p. 18.
O OJ No L 150, 15. 6. 1991 , p. 16.                             O   OJ  No  L  86, 1 . 4. 1992, p. 1 .
 ---pagebreak---  No L 117/52                             Official Journal of the European Communities                                  1 . 5. 92
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
                                                                   Annex II to Commission Regulation (EEC) No 610/77 of
Whereas pursuant to Article 10 (3) of Regulation (EEC)             18 March 1977 on the determination of prices of adult
No 805/68 a special basic levy is determined for certain           bovine animals on representative Community markets
third countries on the basis of the difference between the         and the survey of prices of certain other cattle in the
guide price and the average price recorded over a certain          Community (4), as last amended by Regulation (EEC) No
period plus the amount of the customs duty ;                       3071 /91 0 ;
Whereas Commission Regulation (EEC) No 61 1 /77 (*), as
last amended by Regulation (EEC) No 1049/92 (2),                   Whereas, for Member States with several representative
provides that the special levy on products originating in          markets, the price of each category and quality is equal to
and coming from Austria, Sweden and Switzerland should             the arithmetic mean of the prices recorded on each of
be determined on the basis of the weighted average of the          those markets ; whereas, for representative markets held
prices of adult bovine animals recorded on the representa­         several times in one period of seven days, the price of
tive markets of those third countries ; whereas the                each category and quality is equal to the arithmetic mean
weighting coefficients and representative markets are              of the prices recorded on each market day ; whereas in
specified in the Annexes to Regulation (EEC) No 611 /77 ;          respect of Italy the price of each category and quantity is
                                                                   equal to the average, weighted by the special weighting
                                                                   coefficients fixed in Annex II to Regulation (EEC) No
Whereas Council Decision 92/232/EEC of 1 October                   610/77, of the prices recorded in the surplus and deficit
1991 on the conclusion of an Agreement in the form of              zones ; whereas the price recorded in the surplus zone is
an exchange of letters between the European Economic               equal to the arithmetic mean of the prices recorded on
Community and the Republic of Austria concerning the               each of the markets within that zone ; whereas in respect
adjustment of the Community import arrangements                    of the United Kingdom the weighted average prices of
applicable to certain beef and veal sector products origi­         adult bovine animals recorded on the representative
nating in Austria (3) lays down new provisions on prefe­           markets of Great Britain on the one hand and Northern
rential imports under a separate tariff quota ; whereas this       Ireland on the other are adjusted by the coefficient fixed
must be taken into account when the levies are fixed ;             in the abovementioned Annex II :
Whereas the average price is not to be used for calcula­           Whereas prices for the different categories, and qualities
ting the special levy unless it is at least ECU 1,21 per 100       not obtained from prices which are 'live weight excluding
kilograms of live weight more than the free-at-frontier            tax' are multiplied by the live weight conversion coeffi­
offer price determined in accordance with Article 10 (2) of        cients fixed in Annex II to the said Regulation and, in the
Regulation (EEC) No 805/68 ;                                       case of Italy, are first increased or reduced by the correc­
                                                                   tive amounts fixed in the said Annex :
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 if one or more Member States, for veterinary or
                                                                   health reasons for example, adopt measures affecting the
Whereas in cases where one or more of the abovemen­
                                                                   normal trend of prices recorded on their markets the
                                                                   Commission may disregard the prices recorded on the
tioned third countries adopt, for reasons of health for            market or markets in question, or use the latest prices
example, measures affecting the prices recorded on their           recorded on the market or markets in question before the
markets, the Commission may use the latest prices                  entry into force of such measures ;
recorded before the entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­           Whereas, in the absence of information, prices recorded
tative Community markets is the price established on the           on representative Community markets are determined
                                                                   mainly by reference to the most recently recorded prices ;
(') 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 .
(3) OJ No L 111 , 29. 4. 1992, p. 16.                              0 OJ No L 290, 22. 10. 1991 , p. 19.
 ---pagebreak---  1 . 5. 92                             Official Journal of the European Communities                               No L 117/53
 whereas for such period as the price of adult bovine            shall be charged on imports of certain products origina­
animals recorded on representative Community markets             ting in the overseas countries and territories in order to
differs by less than ECU 0,24 per 100 kilograms of live          prevent products originating from these countries and
weight from the price previously used, the latter is             territories from receiving more favourable treatment than
retained ;                                                       similar products imported from Spain or Portugal into the
                                                                 Community as constituted on 31 December 1985 ;
Whereas the levies must be so fixed that obligations             Whereas the various cuts of beef and veal are defined in
arising from international agreements concluded by the           Regulation (EEC) No 586/77 ;
Community continue to be fulfilled ; whereas the levies
fixed must be consistent with international agreements           Whereas, pursuant to Article 33 (2) of Regulation (EEC)
entered into by the Community ; whereas account should           No 805/68, the nomenclature provided for in this Regula­
also be taken of Council Regulation (EEC) No 545/92 of           tion is incorporated in the combined nomenclature ;
3 February 1992 concerning the arrangements applicable
to the import into the Community of products origina­            Whereas the levies and special levies are fixed before the
ting in the Republics of Croatia and Slovenia and the            27th day of each month and are applicable from the first
Yugoslav Republics of Bosnia-Herzegovina, Macedonia              Monday of the following month ; whereas these levies
and Montenegro ('), which provides for reductions in the         may be altered in the period between two fixings where
levies on certain products of the beef and veal sector           the basic levy or special basic levy is altered, or in the case
imported into the Community ; whereas Commission                 of changes in the prices recorded on Community repre­
Regulation (EEC) No 859/92 (2) establishes detailed rules        sentative markets ;
for the importation of these products ;
                                                                 Whereas, if the levy system is to operate normally, levies
Whereas Council Regulation (EEC) No 715/90 (3), as last          should be calculated on the following basis :
amended by Regulation (EEC) No 444/92 (4), lays down
                                                                 — in the case of currencies which are maintained in rela­
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural          tion to each other at any given moment within a band
products originating in the African, Caribbean and Pacific           of 2,25 % , a rate of exchange based on their central
States :                                                             rate, multiplied by the coefficient provided for in the
                                                                     last paragraph of Article 3 (1 ) of Council Regulation
                                                                     (EEC) No 1676/85 (u), as last amended by Regulation
                                                                     (EEC) No 2205/90 (12),
Whereas Council Regulations (EEC) No 518/92 (% (EEC)
No 519/92 (*) and (EEC) No 520/92 Q of 27 February               — for the other currencies, an exchange rate based on
 1992 on certain procedures for applying the Interim                 the ecu rates published in the Official Journal of the
Agreements on trade and trade-related matters between                 European Communities, C series, over a period to be
the European Economic Community and the European                     determined, multiplied by the coefficient referred to
Coal and Steel Community, of the one part, and the                   in the preceding indent ;
Republic of Poland, the Republic of Hungary and the
Czech and Slovak Federal Republic respectively, of the           Whereas, having regard to the provisions of the aforemen­
other part, introduce arrangements for reducing import           tioned Regulation, and in particular to the information
levies on certain products ; whereas Commission Regula­          and quotations known to the Commission, the levies on
tion (EEC) No 981 /92 (8), as amended by Regulation              live cattle and beef and veal other than frozen meat
(EEC) No 982/92 (9), lays down detailed rules for applying       should be as set out in the Annex hereto,
the arrangements provided for in these agreements in
regards beef ;
                                                                 HAS ADOPTED THIS REGULATION :
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                                       Article 1
Economic Community (10), no levies shall apply on
imports of products originating in the overseas countries
and territories ; whereas, however, pursuant to Article 101      The import levies on live cattle and beef and veal other
(4) of the abovementioned Decision, a special amount             than frozen meat shall be as set out in the Annex to the
                                                                 present Regulation.
(')  OJ  No L 63, 7. 3. 1992, p. 1 .
(2)  OJ  No L 89, 4. 4. 1992, p. 26.
O    OJ  No L 84, 30. 3. 1990, p. 85.                                                      Article 2
(4)  OJ  No L 52, 27. 2. 1992, p. 7.
(Ó OJ No L 56, 29. 2. 1992, p. 3.
(«) OJ No L 56, 29. 2. 1992, p. 6.                               This Regulation shall enter into force on 4 May 1992.
0 OJ No L 56, 29. 2. 1992, p. 9.
(8) OJ No L 104, 22. 4. 1992, p. 34.
0 OJ No L 104, 22. 4. 1992, p. 38.                               (") OJ No L 164, 24. 6. 1985, p. 1 .
(10) OJ No L 263, 19. 9. 1991 , p. 1 .                           H OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 117/54                               Official Journal of the European Communities                                         1 . 5. 92
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 30 April 1992.
                                                                                      For the Commission
                                                                                       Ray MAC SHARRY
                                                                                Member of the Commission
                                                                 ANNEX
              to the Commission Regulation of 30 April 1992 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 («)       Sweden/Switzerland
                                                                                                              Other third
                                     Macedonia,                                                               countries (*)
                                    Montenegro (3)
                                                                      — Live weight —
                0102 90   10                                   17,116                  0,000                 131,663 0)(s)
                0102 90   31            23,099                 17,116                  0,000                 131,663 (')
                0102 90   33                                   17,116                  0,000                 131,663 (')
                0102 90   35            23,099                 17,116                  0,000                 131,663 (')
                0102 90   37            23,099                 17,116                  0,000                 131,663 (')
            \                                                         — Net weight —
                0201   10 10                                   32,521                  0,000                 250,160 (')0
                0201   10 90            43,888                 32,521                  0,000                 250,160 (')(*)
                0201  20  21                                   32,521                  0,000                 250,1 60 ('H5)
                0201  20  29            43,888                 32,521                  0,000                 250,160 (')O
                0201  20  31                                   26,017                  0,000                 200,128 00
                0201  20  39            35,110                 26,017                  0,000                 200,128 00
                0201  20  51            52,665                 39,025                  0,000                 300,192 (l)O
                0201  20  59            52,665                 39,025                  0,000                 300,192(')O
                0201  20  90                                   48,781                  0,000                375,240 0 0
                0201  30  00                                   55,799                  0,000                429,221 00
                0206   10 95                                   55,799                  0,000                429,221 0
                0210  20  10                                   48,781                  0,000                375,240
                0210  20  90                                   55,799                  0,000                429,221
                0210  90  41                                   55,799                  0,000                429,221
                0210  90  90                                   55,799                  0,000                429,221
                1602  50  10                                   55,799                  0,000                429,221
                1602  90  61                                   55,799                  0,000                429,221
             (') 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.
             0 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 the Commission Regulation (EEC)
                 No 859/92.
            (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 ).
            (*) Products falling within this code, imported from Poland, Czechoslovakia 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 Regulation (EEC) No 898/92 have been presented, aTe subject to the levies set out in the
                 Annex to that Regulation.
            (') Products falling within this code, imported from Poland, Czechoslovakia 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 Regulation (EEC) No 891 /92 have been presented, are subject to the levies set out in the
                 Annex to that Regulation.