CELEX: 31994R1952
Language: en
Date: 1994-07-30 00:00:00
Title: Commission Regulation (EC) No 1952/94 of 29 July 1994 fixing the import levies on frozen beef and veal

No L 198/74                           Official Journal of the European Communities                                   30. 7. 94
                                  COMMISSION REGULATION (EC) No 1952/94
                                                      of 29 July 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 1 884/94 (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 ;
Whereas, in respect of the types of frozen meat listed in
                                                                (b) 105 % where the market price is less than 98 % and
section (b) of the Annex to the said Regulation under CN
                                                                     more than or equal to 96 % of the guide price ;
codes 0202 10 00 and 0202 20 10, 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 (% 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
0) OJ No L 148 , 28. 6. 1968, p. 24.                             0202 10 00 and 0202 20 10, multiplied by a standard
I1) OJ No L 197, 30. 7. 1994, p. 27.
0 OJ No L 75, 23. 3. 1977, p. 10.
O OJ No L 370, 19. 12. 1992, p. 16.                              0 OJ No L 197, 30. 7. 1994, p. 29.
 ---pagebreak---  30 . 7. 94                            Official Journal of the European Communities                            No L 198/75
 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
 levy, the latter price should be retained ;                     Whereas, in the absence of information, prices recorded
                                                                 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
Whereas the representative markets, categories and quali­        amended by Regulation (EC) No 235/94 (4), lays down the
ties of products and weighting coefficients are fixed in         arrangements applicable on agricultural products and
Annex II to Commission Regulation (EEC) No 610/77 of             certain goods resulting from the processing of agricultural
 18 March 1977 on the determination of prices of adult           products originating in the African, Caribbean and Pacific
                                                                 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
 1155/94 0 ;                                                     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 part Q, 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             1 390/94 (9) 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           (4) OJ   No  L 30, 3. 2. 1994, p. 12.
abovementioned Annex II ;                                        0   OJ   No  L 319, 21 . 12. 1993, p. 1 .
                                                                  6  OJ   No  L 319, 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.
O OJ No L 129, 21 . 5. 1994, p. 5.                               (») OJ   No  L 152, 18 . 6. 1994, p. 20.
 ---pagebreak--- No L 198/76                               Official Journal of the European Communities                                30. 7. 94
Whereas Council Regulations (EC) No 3641 /93 (') 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 (12), as
part ; whereas Commission Regulation (EC) No                        amended by Regulation (EC) No 3528/93 (n), are used to
 1 389/94 (3), as amended by Regulation (EC) No                     convert amounts expressed in third country currencies
 1 850/94 (4), lays down detailed rules for applying the            and are used as the basis for determining the agricultural
arrangements provided for in these agreements as regards            conversion rates of the Member States' currencies ;
beef ;                                                              whereas detailed rules on the application and determina­
                                                                    tion of these conversions were set by Commission Regu­
Whereas the levy is not collected in respect of imports             lation (EEC) No 1068/93 (14), as amended by Regulation
under the quotas opened by Council Regulations (EC) No              (EC) No 547/94 (1J) ;
 129/94 0, (EC) No 774/94 (*) and (EC) No 775/94 f) and
by Commission Regulations (EC) No 212/94 (8), (EC) No               Whereas, having regard to the provisions of the aforemen­
957/94 (9) and (EC) No 1001 /94 (,0);                               tioned Regulations, and in particular to the information
                                                                    and quotations known to the Commission, the levies on
Whereas, pursuant to Article 101 (1 ) of Council Decision           frozen beef and veal should be as set out in the Annex
91 /482/EEC of 25 July 1991 on the association of the               hereto,
overseas countries and territories with the European
Economic Community (u), no levies shall apply on
imports of products originating in the overseas countries           HAS ADOPTED THIS REGULATION :
and territories ;
Whereas the various cuts of frozen meat are defined in
                                                                                                Article 1
Regulation (EEC) No 586/77 ;
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 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 333, 31 . 12. 1993, p. 16.
O   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.
O   OJ  No   L 22, 27. 1 . 1994, p. 1 .
(*) OJ  No   L 91 , 8. 4. 1994, p. 1 .
o   OJ  No   L 91 , 8. 4. 1994, p. 4.
(») OJ  No   L 27, 1 . 2. 1994, p. 38 .                             H    OJ No  L  387, 31 . 12. 1992, p. 1 .
O OJ No L 108, 29. 4. 1994, p. 13.                                  (,3) OJ No  L  320, 22. 12. 1993, p. 32.
(10) OJ No L 111 , 30. 4. 1994, p. 70.                              O4)  OJ No  L  108, 1 . 5. 1993, p. 106.
(") OJ No L 263, 19. 9. 1991 , p. 1 .                               (,s) OJ No  L  69, 12. 3. 1994, p. 1 .
 ---pagebreak--- 30 . 7. 94                            Official Journal of the European Communities                                             No L 198/77
                                                               ANNEX
           to the Commission Regulation of 29 July 1994 fixing the import levies on frozen beef and
                                                               veal CM2)
                                                                                                                 (ECU/ 100 kg)
                                                 CN code                                                     Levy
                                                                                                      — Net weight —
                                               020210 00                                                   153,889 0
                                               0202 20 10                                                  153,889 (3)
                                               0202 20 30                                                  123,1110
                                               0202 20 50                                                  192^61 0
                                               0202 20 90                                                  230,833 0
                                               0202 30 10                                                  1923610
                                               0202 30 50                                                  192,361 0
                                               0202 30 90                                                  264,689 0 0
                                               0206 29 91                                                  264,689 0
           (') 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.1 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 1 29/94,
               (EC) No 774/94 and (EC) No 775/94 and Commission Regulations (EC) No 212/94, (EC) No 957/94 and (EC)
               No 1001 /94, is restricted pursuant to the conditions laid down in those Regulations.