CELEX: 31993R3584
Language: en
Date: 1993-12-28 00:00:00
Title: Commission Regulation (EC) No 3584/93 of 27 December 1993 fixing the import levies on frozen beef and veal

28 . 12. 93                                  Official Journal of the European Communities                               No L 326/33
                                         COMMISSION REGULATION (EC) No 3584/93
                                                         of 27 December 1993
                                         fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            (c) 25 % where the market price is more than 104 % and
                                                                            less than or equal to 106% of the guide price ;
 Having regard to the Treaty establishing the European                 (d) 0 % where the market price is more than 106 % of
Community,                                                                  the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organization of the market                  Whereas, if it is found that the price of adult bovine
in beef and veal ('), as last amended by Regulation (EEC)              animals on representative Community markets is equal to
No 747/93 (2), and in particular Article 12 (8) thereof,               or less than the guide price, the levy applicable equals the
                                                                       following percentage of the basic levy :
Whereas, pursuant to Article 9 of Regulation (EEC) No
                                                                       (a) 100 % where the market price is more than or equal
805/68, a levy is applicable to the products specified in                   to 98 % of the guide price ;
Article 1 .( 1 ) (a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to a              (b) 105 % where the market price is less than 98 % and
percentage of the basic levy ;                                              more than or equal to 96 % of the guide price ;
                                                                       (c) 110 % where the market price is less than 96 % and
Whereas, in respect of the types of frozen meat listed in                   more than or equal to 90 % of the guide price ;
section (b) of the Annex to the said Regulation under CN
codes 0202 10 00 and 0202 20 10, the basic levy is deter­              (d) 114 % where the market price is less than 90 % of
mined on the basis of the difference between :                              the guide price ;
— the guide price multiplied by a coefficient represent­
     ing the ratio existing in the Community between the               Whereas the guide prices for adult bovine animals for the
     price of fresh meat of a category competitive with the             1993/94 marketing year have been fixed by Council
     frozen meat in question, presented in the same form,              Regulation (EEC) No 1563/93 0 ;
     and the average price of adult bovine animals, and
— the Community free-at-frontier offer price for frozen                Whereas Commission Regulation (EEC) No 1753/93 (6)
     meat, plus the amount of the customs duty and a stan­             determines certain prices fixed in ecus in the beef and
     dard amount representing the specific costs of the                veal sector as a result of the monetary realignments in the
     import operations ;                                                1992/93 marketing year ;
Whereas, by Commission Regulation (EEC) No 586/77 of                   Whereas the Community free-at-frontier offer price for
 18 March 1977 laying down rules for the application of                frozen meat is determined by reference to the world
the levies on beef and veal and amending Regulation                    market price based on the most representative purchasing
(EEC) No 950/68 on the Common Customs Tariff (3), as                   possibilities, as regards quality and quantity, recorded over
last amended by Regulation (EEC) No 366l /92 (4), the                  a certain period preceding the fixing of the basic levy,
abovementioned coefficient, calculated in accordance with              taking into account in particular :
the rules laid down in Article 1 1 (2) (a) of Regulation
(EEC) No 805/68, has been fixed at 1,69 units of account               — foreseeable developments on the market in frozen
and the standard amount referred to in Article 11 (2) (b)                   meat,
of the said Regulation has been fixed at ECU 6,65 ;
                                                                       — the most representative prices on third country
Whereas, if it is found that the price of adult bovine                      markets for fresh and chilled meat of a category which
animals on representative Community markets is higher                       is competitive with frozen meat,
than the guide price, the levy applicable equals the fol­              — past experience ;
lowing percentage of the basic levy :
(a) 75 % where the market price is less than or equal to               Whereas the basic levy on the types of frozen meat listed
     1 02 % of the guide price ;                                       in section (b) of the Annex to Regulation (EEC) No
                                                                       805/68      under    CN    codes    0202 20 50 ,   0202 20 90,
(b) 50 % where the market price is more than 102 % and
     less than or equal to 104 % 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
                                                                       0202 10 00 and 0202 20 10, multiplied by a standard
(') OJ  No  L   148 , 28 . 6. 1968 , p. 24.
(2) OJ  No  L   77, 31 . 3 . 1993, p. 15.
(J) OJ  No  L   75, 23. 3 . 1977, p. 10.                               O OJ No L 154, 25. 6. 1993, p. 35 .
(4) OJ   No L   370, 19 . 12. 1992, p. 16.                             (6) OJ No L 161 , 2. 7. 1993, p. 44.
 ---pagebreak--- No L 326/34                           Official Journal of the European Communities                                28 . 12. 93
coefficient fixed for each of the products in question ;        Whereas prices for the different categories and qualities
whereas these coefficients were fixed in Annex II to            not obtained from prices which are 'live weight excluding
Regulation (EEC) No 586/77 ;                                    tax', are multiplied by the live weight conversion coeffi­
                                                                cients fixed in Annex II to the said Regulation and, in the
                                                                case of Italy, are first increased or reduced by the correc­
Whereas, for the purpose of fixing the free-at-frontier         tive amounts fixed in the said Annex :
offer prices, offer prices that do not correspond to real
purchasing possibilities or that relate to unrepresentative
quantities should not be taken into account ; whereas           Whereas if one or more Member States, for veterinary or
offer prices should also be excluded when the movement          health reasons for example, adopt measures affecting the
of prices in general or the information available gives         normal trend of prices recorded on their markets, the
reason to believe that they are unrepresentative of the true    Commission may disregard the prices recorded on the
trend of prices in the country of origin ;                      market or markets in question, or use the latest prices
                                                                recorded on the market or markets in question before the
                                                                entry into force of such measures ;
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 100 kilo­
grams from that previously used for the calculation of the      Whereas, in the absence of information, prices recorded
levy, the latter price should be retained ;                     on representative Community markets are determined
                                                                mainly by reference to the most recently recorded prices ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­        Whereas, for such period as the price of adult bovine
tative Community markets is the price established on the        animals recorded on representative Community markets
basis of prices recorded over a period to be determined on      differs by less than ECU 0,24 per 100 kilograms of live
the representative market or markets of each Member             weight from the price previously used, the latter is
State for the various categories of adult bovine animals or     retained ;
of meat from such animals, taking into account the size of
each of these categories and the relative size of the bovine
herd of each Member State ;
                                                                Whereas Council Regulation (EEC) No 715/90 (J), as
                                                                amended by Regulation (EEC) No 444/92 (4), lays down
                                                                the arrangements applicable on agricultural products and
Whereas the representative markets, categories and quali­
                                                                certain goods resulting from the processing of agricultural
ties of products and weighting coefficients are fixed in
Annex II to Commission Regulation (EEC) No 610/77 of            products originating in the African, Caribbean and Pacific
                                                                States ;
 18 March 1 977 on the determination of prices of adult
bovine animals on representative Community markets
and the survey of prices of certain other cattle in the
Community ('), as last amended by Regulation (EEC) No           Whereas Council Regulations (EEC) No 518/92 (5), as
 1460/93 (2);                                                   amended by Regulation (EEC) No 2233/93 (6), (EEC) No
                                                                519/92 Q, as amended by Regulation (EEC) No
                                                                2234/93 (8), and (EEC) No 520/92 (9), as amended by
Whereas, for Member States with several representative          Regulation (EEC) No 2235/93 (10), of 27 February 1992 on
markets, the price of each category and quality is equal to     certain procedures for applying the Interim Agreements
the arithmetic mean of the prices recorded on each of           on trade and trade-related matters between the European
those markets ; for representative markets held several         Economic Community and the European Coal and Steel
times in one period of seven days, the price of each cat­       Community, of the one part, and the Republic of Poland,
egory and quality is equal to the arithmetic mean of the        the Republic of Hungary, the Czech Republic and the
prices recorded on each market day ; whereas in respect of      Slovak Republic respectively, of the other part, introduce
Italy the price of each category and quality is equal to the    arrangements for reducing import levies on certain
average, weighted by the special weighting coefficients         products ; whereas Commission Regulation (EEC) No
fixed in Annex II to Regulation (EEC) No 610/77, of the         2697/93 (»), as amended by Regulation (EC) No 3558/
prices recorded in the surplus and deficit zones ; whereas      93 (12), lays down detailed rules for applying the arrange­
the price recorded in the surplus zone is equal to the          ments provided for in these agreements as regards beef
                                                                and veal ;
arithmetic mean of the prices recorded on each of the
markets within that zone ; whereas in respect of the
United Kingdom the weighted average prices of adult             (3) OJ No L 84, 30. 3. 1990, p. 85.
bovine animals recorded on the representative markets of        (4) OJ No L 52, 27 . 2. 1992, p. 7.
Great Britain on the one hand and Northern Ireland on           0 OJ No L 56, 29 . 2. 1992, p. 3.
                                                                (6) OJ No L 200, 10. 8 . 1993, p. 3.
the other are adjusted by the coefficient fixed in the          O OJ No L 56, 29 . 2. 1992, p. 6.
abovementioned Annex II :                                       (8) OJ No L 200, 10. 8. 1993, p. 4.
                                                                O OJ No L 56, 29 . 2. 1992, p. 9.
                                                                H OJ No L 200, 10. 8 . 1993, p. 5.
(') OJ No L 77, 25. 3. 1977, p. 1 .                             (") OJ No L 245, 1 . 10. 1993, p. 75.
(2) OJ No L 143, 15. 6. 1993 , p. 5.                            H OJ No L 324, 24. 12. 1993, p. 38.
 ---pagebreak--- 28 . 12. 93                             Official Journal of the European Communities                           No L 326/35
Whereas declarations have been submitted by both the              altered, or in these case of changes in the prices recorded
Czech Republic and the Slovak Republic informing the              on Community representative markets ;
Communities that both the Czech Republic and the
Slovak Republic continue to assume all the obligations            Whereas the representative market rates defined in Article
deriving, inter alia, from the Interim Agreement between          1 of Council Regulation (EEC) No 3813/92 (J), as
the Communities and the Czech and Slovak Federal                  amended by Regulation (EC) No 3528/93 (3), are used to
Republic upon the dissolution of the latter on 31                 convert amounts expressed in third country currencies
December 1992 and in consequence the concessions                  and are used as the basis for determining the agricultural
                                                                  conversion rates of the Member States' currencies ;
provided in the Interim Agreement should be accorded
without distinction to products originating in the Czech          whereas detailed rules on the application and determina­
Republic or in the Slovak Republic ;                              tion of these conversions were set by Commission Regu­
                                                                  lation (EEC) No 1068 /93 (4) ;
Whereas, pursuant to Article 101 ( 1 ) of Council Decision
91 /482/EEC of 25 July 1991 on the association of the             Whereas, having regard to the provisions of the aforemen­
overseas countries and territories with the European              tioned Regulations, and in particular to the information
Economic Community ('), no levies shall apply on                  and quotations known to the Commission, the levies on
                                                                  frozen beef and veal should be as set out in the Annex
imports of products originating in the overseas countries         hereto,
and territories ;
Whereas the various cuts of frozen meat 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 frozen beef and veal shall be as set
                                                                  out in the Annex.
Whereas the levies are fixed before the 27th day of each
month and are applicable from the first Monday of the                                        Article 2
following month ; whereas these levies may be altered in
the period between two fixings where the basic levy is            This Regulation shall enter into force on 3 January 1994.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 27 December 1993 .
                                                                            For the Commission
                                                                               Rene STEICHEN
                                                                        Member of the Commission
                                                                  (2) OJ No L 387, 31 . 12. 1992, p. 1 .
                                                                  (') OJ No L 320, 22. 12. 1993, p. 32.
(') OJ No L 263 , 19 . 9 . 1991 , p. 1.                           (4) OJ No L 108 , 1 . 5. 1993, p. 106.
 ---pagebreak--- No L 326/36                            Official Journal of the European Communities                                               28 . 12. 93
                                                                  ANNEX
            to the Commission Regulation of 27 December 1993 fixing the import levies on frozen beef
                                                              and veal (') (2)
                                                                                                                   (ECU / 100 kg)
                                                 CN code                                                        Levy
                                                                                                        — Net weight —
                                               0202 10 00                                                   173,041 (3)
                                               0202 20 10                                                   173,041 (3)
                                               0202 20 30                                                   1 38,432 (3)
                                               0202 20 50                                                   216,301 (3)
                                               0202 20 90                                                   259,561 (3)
                                               0202 30 10                                                   216,301 (3)
                                               0202 30 50                                                   216,301 (3)
                                               0202 30 90                                                   297,630 (3)
                                               0206 29 91                                                   297,630
            (') 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, the territories of the ex Czech and Slovak Federal
                Republic or Hungary under the Interim Agreements concluded between those countries and the Community,
                and in respect of which EUR.l certificates issued in accordance with Commission Regulation (EEC) No 2697/93
                have been presented, are subject to the levies set out in the Annex to that Regulation.