CELEX: 31992R0449
Language: en
Date: 1992-02-27
Title: Commission Regulation (EEC) No 449/92 of 26 February 1992 fixing the import levies on live cattle and on beef and veal other than frozen

No L 52/ 18                           Official Journal of the European Communities                                  27. 2. 92
                                    COMMISSION REGULATION (EEC) No 449/92
                                                    of 26 February 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 ;
 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 (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
amount of the levy applicable by reference to a percen­
tage 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 3988/87 (4);
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 10, 0201 10 90,
0201 20 11 and 0201 20 19, 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,         1991 /92 marketing year were fixed by Council Regulation
of world market prices for frozen meat of a category             (EEC) No 1629/91 0 ;
which is competitive with fresh or chilled meat and of
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 follo­      tive free-at-frontier offer prices of the Community deter­
wing percentage of the basic levy :                              mined for the products of each of the categories and cuts
                                                                 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
     less than or equal to 106 % 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 quantitities should not be taken into account ;
     the guide price ;                                           whereas offer prices should also be excluded when the
                                                                 movement of prices in general or the information avai­
                                                                 lable suggests that they are unrepresentative of the true
Whereas if it is found that the price of adult bovine            trend of prices in the country of origin ;
animals on representative Community markets is equal to
                                                                 (3) OJ No L 75, 23. 3. 1977, p. 10.
(') OJ No L 148 , 28 . 6. 1968, p. 24.                           0 OJ No L 376, 31 . 12. 1987, p. 31 .
 2) OJ No L 150, 15. 6. 1991 , p. 16.                            0 OJ No L 150, 15. 6. 1991 , p. 18 .
 ---pagebreak---   27. 2. 92                               Official Journal of the European Communities                              No L 52/19
  Whereas in cases where for one or more categories of              Annex II to Commission Regulation (EEC) No 610/77 of
  bovine animals or cuts of meat a free-at-frontier offer            18 March 1977 on the determination of prices of adult
  price cannot be established, the most recent available            bovine animals on representative Community markets
  price should be used for the calculation ;                        and the survey of prices of certain other cattle in the
                                                                    Community (3), as last amended by Regulation (EEC) No
                                                                    3071 /91 (4) ;
 Whereas if the free-at-frontier offer price differs by less
  than ECU 0,60 per 100 kilograms of live weight from that
  previously used for the calculation of the levy, the latter
 price should be retained ;                                         Whereas, for Member States with several representative
                                                                    markets, the price of each category and quality is equal to
                                                                    the arithmetic mean of the prices recorded on each of
 Whereas pursuant to Article 10 (3) of Regulation (EEC)             those markets ; whereas, for representative markets held
 No 805/68 a special basic levy is determined for certain           several times in one period of seven days, the price of
 third countries on the basis of the difference between the         each category and quality is equal to the arithmetic mean
 guide price and the average price recorded over a certain          of the prices recorded on each market day ; whereas in
 period plus the amount of the customs duty ;                       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 Commission Regulation (EEC) No 61 1 /77 ('), as            610/77, of the prices recorded in the surplus and deficit
 amended by Regulation (EEC) No 925/77 (2), provides                zones ; whereas the price recorded in the surplus zone is
 that the special levy on products originating in and               equal to the arithmetic mean of the prices recorded on
 coming from Austria, Sweden and Switzerland should be              each of the markets within that zone ; whereas in respect
 determined on the basis of the weighted average of the             of the United Kingdom the weighted average prices of
 prices of adult bovine animals recorded on the representa­         adult bovine animals recorded on the representative
 tive markets of those third countries ; whereas the                markets of Great Britain on the one hand and Northern
 weighting coefficients and representative markets are              Ireland on the other are adjusted by the coefficient fixed
 specified in the Annexes to Regulation (EEC) No 611 /77 ;          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       Whereas prices for the different categories and qualities
 kilograms of live weight more than the free-at-frontier            not obtained from prices which are 'live weight excluding
 offer price determined in accordance with Article 10 (2) of        tax' are multiplied by the live weight conversion coeffi­
 Regulation (EEC) No 805/68 ;                                       cients fixed in Annex II to the said Regulation and, in the
                                                                    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
 tioned third countries adopt, for reasons of health for            Commission may disregard the prices recorded on the
 example, measures affecting the prices recorded on their           market or markets in question, or use the latest prices
 markets, the Commission may use the latest prices                  recorded on the market or markets in question before the
recorded before the entry into force of such measures ;             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
basis of prices recorded over a period to be determined on          mainly by reference to the most recently recorded prices ;
the representative market or markets of each Member
State in respect of the various categories of adult bovine
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 for such period as the price of adult bovine
                                                                    animals recorded on representative Community markets
                                                                    differs by less than ECU 0,24 per 100 kilograms of live
Whereas the representative markets, categories and quali­          weight from the price previously used, the latter is
ties of products and weighting coefficients are fixed in            retained :
(') OJ No L 77, 25. 3. 1977, p. 14.                                (3) OJ No L 77, 25. 3. 1977, p. 1 .
0 OJ No L 109, 30. 4. 1977, p. 1 .                                 (4) OJ No L 290, 22. 10. 1991 , p. 19.
 ---pagebreak--- No L 52/20                              Official Journal of the European Communities                                 27. 2. 92
Whereas the levies must be so fixed that obligations              Whereas, if the levy system is to operate normally, levies
arising from international agreements concluded by the            should be calculated on the following basis :
Community continue to be fulfilled ;
                                                                  — in the case of currencies which are maintained in rela­
Whereas Council Regulation (EEC) No 715/90 ('), as last                tion to each other at any given moment within a band
amended by Regulation (EEC) No 523/91 (2), lays down                   of 2,25 % , a rate of exchange based on their central
the arrangements applicable on agricultural products and               rate, multiplied by the coefficient provided for in the
certain goods resulting from the processing of agricultural            last paragraph of Article 3 (1 ) of Council Regulation
products originating in the African, Caribbean and Pacific             (EEC) No 1 676/85 (4), as last amended by Regulation
States or in the overseas countries and territories ;                 (EEC) No 2205/90 Q,
Whereas, pursuant to Article 101 (1 ) of Council Decision         — for the other currencies, an exchange rate based on
91 /482/EEC of 25 July 1991 on the association of the                  the ecu rates published in the Official Journal of the
overseas countries and territories with the European                   European Communities, C series, over a period to be
Economic Community (3), no levies shall apply on                       determined, multiplied by the coefficient referred to
imports of products originating in the overseas countries              in the preceding indent ;
and territories ; whereas, however, pursuant to Article 101
(4) of the abovementioned Decision, a special amount              Whereas, having regard to the provisions of the aforemen­
shall be charged on imports of certain products origina­          tioned Regulation, and in particular to the information
ting in the overseas countries and territories in order to        and quotations known to the Commission, the levies on
prevent products originating from these countries and             live cattle and beef and veal other than frozen meat
territories from receiving more favourable treatment than         should be as set out in the Annex hereto,
similar products imported from Spain or Portugal into the
Community as constituted on 31 December 1985 ;
Whereas the various cuts of beef and veal are defined in          HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 586/77 ;
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                     Article 1
No 805/68, the nomenclature provided for in this Regula­
tion is incorporated in the combined nomenclature ;
                                                                  The import levies on live cattle and beef and veal other
Whereas the levies and special levies are fixed before the        than frozen meat shall be as set out in the Annex to the
27th day of each month and are applicable from the first          present Regulation.
Monday of the following month ; whereas these levies
may be altered in the period between two fixings where
the basic levy or special basic levy is altered, or in the case                             Article 2
of changes in the prices recorded on Community repre­
sentative markets ;                                               This Regulation shall enter into force on 2 March 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 26 February 1992.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
(') OJ No L 84, 30. 3. 1990, p. 85.
0 OJ No L 149, 14. 6. 1991 , p. 29.                               (4) OJ No L 164, 24. 6. 1985, p. 1 .
O OJ No L 263, 19. 9. 1991 , p. 1 .                               (Ó OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 27. 2. 92                             Official Journal of the European Communities                                              No L 52/21
                                                               ANNEX
           to the Commission Regulation of 26 February 1992 fixing the import levies on
                                  live cattle and on beef and veal other than frozen (')
                                                                                                                 (ECU/100 kg)
                                                               Austria/Sweden/
                           CN code
                                                                 Switzerland
                                                                                                Other third countries (2)
                                                                                — Live weight —
                          0102 90 10                               17,790                             0) 131,663
                          0102 90 31                               17,790                             0) 131,663
                          0102 90 33                               17,790                             0)131,663
                          0102 90 35                               17,790                             0) 131,663
                          0102 90 37                               17,790                             0) 131,663
                                                                                 — Net weight —
                          0201 10 10                               33,801                             0)250,160
                          0201 10 90                               33,801                             (') 250,160
                         0201 20 21                                33,801                             0)250,160
                         0201 20 29                                33,801                             (') 250,1 60
                          0201 20 31                               27,041                             0)200,128
                          0201 20 39                               27,041                             (') 200,128
                         0201 20 51                                40,560                             0)300,192
                         0201 20 59                                40,560                             0)300,192
                         0201 20 90                                50,700                             (') 375,240
                         0201 30 00                                57,994                             (') 429,221
                         020610 95                                 57,994                             (>) 429,221
                         0210 20 10                                50,700                                 375,240
                         0210 20 90                                57,994                                 429,221
                         0210 90 41                                57,994                                 429,221
                         0210 90 90                                57,994                                 429,221
                          1602 50 10                               57,994                                 429,221
                          1602 90 61                               57,994                                 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 or in the overseas
              countries and territories.
          0) No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.