CELEX: 31994R1523
Language: en
Date: 1994-06-30 00:00:00
Title: Commission Regulation (EC) No 1523/94 of 29 June 1994 fixing the import levies on live cattle and on beef and veal other than frozen

No L 162/50                           Official Journal of the European Communities                                  30 . 6. 94
                                      COMMISSION REGULATION (EC) No 1523/94
                                                       of 29 June 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
  27 June 1968 on the common organization of the market           (b) 105 % where the market price is less than 98 % and
  in beef and veal ('), as last amended by Regulation (EC)             more than or equal to 96 % of the guide price ;
  No 1 096/94 (2), and in particular Article 12 (8) thereof,
                                                                  (c) 110 % where the market price is less than 96 % and
                                                                       more than or equal to 90 % of the guide price ;
  Whereas, pursuant to Article 9 of Regulation (EEC) No
  805/68, a levy is applicable to the products specified in       (d) 114 % where the market price is less than 90 % of
 Article 1 ( 1 ) (a) of that Regulation ; whereas Article 12           the guide price ;
  fixes the amount of the levy applicable by reference to a
  percentage of the basic levy ;
 Whereas in respect of bovine animals the basic levy is           Whereas pursuant to Article 10 (4) of Regulation (EEC)
 determined on the basis of the difference between the            No 805/68 the basic levy on the meat specified in
 guide price and the Community free-at-frontier offer             sections (a), (c) and (d) of the Annex hereto is equal to the
 price plus the amount of the customs duty ; whereas the
                                                                  basic levy determined for bovine animals, multiplied by a
                                                                  standard coefficient fixed for each of the products in
 Community free-at-frontier offer price is determined in
                                                                  question ; whereas these coefficients are fixed by
 the light of the most representative purchasing possibili­       Commission Regulation (EEC) No 586/77 of 18 March
 ties, as regards quality and quantity, recorded over a
 certain period for bovine animals and for the fresh or
                                                                   1977 laying down rules for the application of levies on
 chilled meat specified in section (a) of the Annex to the        beef and veal and amending Regulation (EEC) No 950/68
 said Regulation under CN codes 0201 10 00, 0201 10 90,           on the Common Customs Tariff (3), as last amended by
                                                                  Regulation (EEC) No 3661 /92 (4) ;
 0201 20 20 to 0201 20 50, account being taken in parti­
 cular of the position with respect to supply and demand,
 of world market prices for frozen meat of a category
 which is competitive with fresh or chilled meat and of
 past experience ;                                                Whereas the Council has not to date adopted the guide
                                                                  prices for adult bovine animals for the 1994/95 marketing
                                                                 year, which commences on 1 July 1994 ; whereas the
 Whereas if it is found that the price of adult bovine            price factors determined by Commission Regulation (EC)
 animals on representative Community markets is higher            No 1 519/94 (^ should accordingly be taken into account
 than the guide price, the levy applicable equals the fol­        for the calculation of the levies in order to ensure that the
 lowing percentage of the basic levy :                            import arrangements continue to operate in the sector
                                                                  concerned ;
(a) 75 % where the market price is less than or equal to
       102% of the guide price ;
(b) 50 % where the market price is more than 1 02 % and
      less than or equal to 1 04 % of the guide price ;          Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                 basic levy is to be calculated according to the method set
(c) 25 % where the market price is more than 104 % and           out in its Article 3 and on the basis of all the representa­
      less than or equal to 106 % of the guide price ;           tive free-at-frontier offer prices of the Community deter­
                                                                 mined for the products of each of the categories and cuts
(d) 0 % where the market price is more than 106 % of             specified in Article 2 and established principally by
      the guide price ;                                          reference to the prices specified in the customs docu­
                                                                 ments accompanying products imported from third coun­
                                                                 tries or from other information concerning export prices
Whereas if it is found that the price of adult bovine            obtaining in those third countries ;
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.
O OJ No L 121 , 12. 5. 1994, p. 9.                               0 See page 45 of this Official Journal.
 ---pagebreak---  30 . 6 . 94                              Official Journal of the European Communities                             No L 162/51
 Whereas, however, offer prices that do not correspond to            offer price determined in accordance with Article 1 0 (2) of
  real purchasing possibilities or that relate to unrepresenta­      Regulation (EEC) No 805/68 ;
 tive quantities should not be taken into account ; offer
 prices should also be excluded when the movement of
 prices in general or the information available suggests that        Whereas if the average price differs by less than ECU 0,60
 they are unrepresentative of the true trend of prices in the        per 100 kilograms of live weight from that previously
 country of origin ;                                                 used to calculate the levy, the latter may be retained ;
 Whereas in cases where for one or more categories of               Whereas in cases where one or more of the abovemen­
 bovine animals or cuts of meat a free-at-frontier offer             tioned third countries adopt, for reasons of health for
 price cannot be established, the most recent available              example, measures affecting the prices recorded on their
 price should be used for the calculation ;                          markets, the Commission may use the latest prices
                                                                     recorded before the entry into force of such measures ;
 Whereas if the free-at-frontier offer price differs by less
 than ECU 0,60 per 100 kilograms of live weight from that            Whereas pursuant to Article 12 (6) of Regulation (EEC)
 previously used for the calculation of the levy, the latter         No 805/68 the price of adult bovine animals on represen­
 price should be retained ;                                          tative Community markets is the price established on the
                                                                     basis of prices recorded over a period to be determined on
                                                                     the representative market or markets of each Member
 Whereas pursuant to Article 10 (3) of Regulation (EEC)              State in respect of the various categories of adult bovine
 No 805/68 a special basic levy is determined for certain            animals or of meat from such animals, after taking into
 third countries on the basis of the difference between the          account the size of each of these categories and the rela­
 guide price and the average price recorded over a certain           tive size of the bovine herd of each Member State ;
 period plus the amount of the customs duty ;
                                                                    Whereas the representative markets, categories and quali­
 Whereas Commission Regulation (EEC) No 611 /77 (1), as              ties of products and weighting coefficients are fixed in
 last amended by Regulation (EEC) No 1049/92 (2),                   Annex II to Commission Regulation (EEC) No 610/77 of
 provides that the special levy on products originating in           18 March 1977 on the determination of prices of adult
 and coming from Austria, Sweden and Switzerland should              bovine animals on representative Community markets
 be determined on the basis of the weighted average of the           and the survey of prices of certain other cattle in the
 prices of adult bovine animals recorded on the representa­          Community (9), as last amended by Regulation (EC) No
 tive markets of those third countries ; whereas the                 1155/94 (10) ;
 weighting coefficients and representative markets are
 specified in the Annexes to Regulation (EEC) No 611 /77 ;
                                                                    Whereas, for Member States with several representative
 Whereas Council Decision 92/232/EEC of 1 October
                                                                    markets, the price of each category and quality is equal to
                                                                    the arithmetic mean of the prices recorded on each of
 1991 on the conclusion of an Agreement in the form of              those markets ; whereas, for representative markets held
 an exchange of letters between the European Economic               several times in one period of seven days, the price of
 Community and the Republic of Austria concerning the               each category and quality is equal to the arithmetic mean
 adjustment of the Community import arrangements                    of the prices recorded on each market day ; whereas in
 applicable to certain beef and veal sector products origi­         respect of Italy the price of each category and quantity is
 nating in Austria (3) lays down new provisions on prefe­           equal to the average, weighted by the special weighting
 rential imports under a separate tariff quota ; whereas this       coefficients fixed in Annex II to Regulation (EEC) No
 must be taken into account when the levies are fixed ;
                                                                    610/77, of the prices recorded in the surplus and deficit
                                                                    zones ; whereas the price recorded in the surplus zone is
Whereas the levy is not collected in respect of imports             equal to the arithmetic mean of the prices recorded on
under the quotas opened by Commission Regulations                   each of the markets within that zone ; whereas in respect
(EC) No 212/94 (4) and (EC) No 957/94 (*) and by Council            of the United Kingdom the weighted average prices of
Regulations (EC) No 129/94 (6), (EC) No 774/94 0 and                adult bovine animals recorded on the representative
                                                                    markets of Great Britain on the one hand and Northern
(EC) No 775/94 (8);
                                                                    Ireland on the other are adjusted by the coefficient fixed
                                                                    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
kilograms of live weight more than the free-at-frontier             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
(') OJ   No  L 77, 25. 3. 1977, p. 14.
0   OJ   No  L 111 , 29 . 4. 1992, p. 7.                            cients fixed in Annex II to the said Regulation and, in the
0   OJ   No  L 111 , 29. 4. 1992, p. 16.                            case of Italy, are first increased or reduced by the correc­
(4) OJ   No  L 27, 1 . 2. 1994, p. 38.                              tive amounts fixed in the said Annex :
0   OJ   No  L 108, 29 . 4. 1994, p. 13 .
(6) OJ   No  L 22, 27. 1 . 1994, p. 1 .
0   OJ   No  L 91 , 8 . 4. 1994, p. 1 .                             0 OJ No L 77, 25. 3. 1977, p. 1 .
0   OJ   No  L 91 , 8. 4. 1994, p. 4.                               H OJ No L 129, 21 . 5. 1994, p. 5.
 ---pagebreak---    No L 162/52                            Official Journal of the European Communities                                   30 . 6. 94
  Whereas if one or more Member States, for veterinary or            products originating in the African, Caribbean and Pacific
   health reasons for example, adopt measures affecting the          States ;
   normal trend of prices recorded on their markets the
  Commission may disregard the prices recorded on the
  market or markets in question, or use the latest prices           Whereas Council Regulations (EC) No 3491 /93 (8) and
  recorded on the market or markets in question before the          (EC) No 3492/93 (9), on certain procedures for applying
  entry into force of such measures ;                                the Europe Agreement establishing an association
                                                                    between the European Communities and their Member
                                                                     States, of the one part, and the Republics of Hungary and
  Whereas, in the absence of information, prices recorded           Poland, of the other part, and Council Regulation (EEC)
  on representative Community markets are determined                 No 520/92 of 27 February 1992 on certain rules for
  mainly by reference to the most recently recorded prices ;        applying the Interim Agreement on trade and trade­
                                                                    related matters between the European Economic Commu­
                                                                    nity and the European Coal and Steel Community, of the
  Whereas for such period as the price of adult bovine              one part, and the Czech and Slovak Federal Republic, of
  animals recorded on representative Community markets              the other part (10), as amended by Regulation (EEC) No
  differs by less than ECU 0,24 per 100 kilograms of live           2235/93 (1 !), and in particular Article 1 thereof introduce
  weight from the price previously used, the latter is              arrangements for reducing import levies on certain
  retained ;                                                        products ; whereas Commission Regulation (EC) No
                                                                     1390/94 (12), lays down detailed rules for applying the
                                                                    import arrangements provided for in these agreements as
  Whereas the levies must be so fixed that obligations              regards beef ;
  arising from international agreements concluded by the
  Community continue to be fulfilled ; whereas the levies
  fixed must be consistent with interim agreements entered          Whereas Council Regulations (EC) No 3641 /93 (13) and
  into by the Community ; whereas account should also be            (EC) No 3642/93 (H) on certain rules for applying the
  taken of Council Regulation (EC) No 3698/93 of 22                 Interim Agreement on trade and trade-related matters
  December 1993 concerning the arrangements applicable              between the European Economic Community and the
  to the import into the Community of products origina­             European Coal and Steel Community, of the one part,
 ting in the Republics of Bosnia-Herzegovina, Croatia and           and the Republic of Bulgaria and Romania, of the other
 Slovenia and the former Yugoslav Republic of Macedo­               part ; whereas Commission Regulation (EC) No 1 389/94
 nia ('), which provides for reductions in the levies on            (15) lays down detailed rules for applying the arrangements
 certain products of the beef and veal sector imported into         provided for in these agreements as regards beef ;
 the Community ; whereas Commission Regulation (EC)
  No 250/94 (2) establishes detailed rules for the importa­
 tion of these products ;                                          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
 Whereas, in addition, account must be taken of Decision            Economic Community (16) no levies shall apply on
 94/ 1 /ECSC, EC of the Council and Commission (3),                 imports of products originating in the overseas countries
 concerning the conclusion of the Agreements on the                 and territories ;
 European Economic Area, between the European
 Community, the European Coal and Steel Community                  Whereas the various cuts of beef and veal are defined in
 and their Member States, on the one hand, and Austria,
                                                                   Regulation (EEC) No 586/77 ;
 Finland, Iceland, Norway, Sweden and Liechtenstein, on
 the other hand, hereafter referred to as the 'EEA Agree­
 ment' ; whereas the Bilateral Agreements on agriculture
 between the Community, on the one hand, and Austria               Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 and Finland, on the other hand, enter into force at the            No 805/68, the nomenclature provided for in this Regula­
 same time as the EEA Agreement ; whereas Commission               tion is incorporated in the combined nomenclature ;
 Regulation (EC) No 266/94 (4), as amended by Regulation
(EC) No 394/94 0, lays down for 1994 detailed rules for            Whereas the levies and special levies are fixed before the
 the application of the import arrangements for these              27th day of each month and are applicable from the first
 products originating in Sweden ;                                  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
Whereas Council Regulation (EEC) No 715/90 (6), as last            of changes in the prices recorded on Community repre­
amended by Regulation (EC) No 235/94 Q, lays down the              sentative markets ;
arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural
                                                                   (8) OJ   No  L 319, 21 . 12. 1993, p. 1 .
                                                                   O OJ     No  L 319, 21 . 12. 1993, p. 4.
(')  OJ  No  L 344, 31 . 12. 1993, p. 1 .                          0°) OJ    No  L 56, 29. 2. 1992, p. 9.
(2)  OJ  No  L 31 , 4. 2. 1994, p. 8 .                             (") OJ    No  L 200, 10. 8 . 1993, p. 5.
(3)  OJ  No  L 1 , 3. 1 . 1994, p. 1 .                             (12) OJ   No  L 152, 18. 6. 1994, p. 20.
(4)  OJ  No  L 32, 5. 2. 1994, p. 9.                               (13) OJ   No  L 333, 31 . 12. 1993, p. 16.
O   OJ   No  L 53, 24. 2. 1994, p. 13.                             O OJ      No  L 333, 31 . 12. 1993, p. 17.
(6) OJ   No  L 84, 30. 3 . 1990, p. 85.                            H OJ      No  L 152, 18 . 6. 1994, p. 20.
0   OJ   No  L 30, 3. 2. 1994, p. 12.                              (16) OJ   No  L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak---   30 . 6. 94                              Official Journal of the European Communities                          No L 162/53
  Whereas the representative market rates defined in Article        HAS ADOPTED THIS REGULATION :
   1 of Council Regulation (EEC) No 3813/92 ('X as
  amended by Regulation (EC) No 3528/93 (2), are used to
  convert amounts expressed in third country currencies
                                                                                            Article 1
  and are used as the basis for determining the agricultural
  conversion rates of the Member States' currencies ;
  whereas detailed rules on the application and determina­          The import levies on live cattle and beef and veal other
  tion of these conversions were set by Commission Regu­            than frozen meat shall be as set out in the Annex to the
  lation (EEC) No 1 068/93 (3), amended by Regulation (EC)          present Regulation.
  No 547/94 (4);
  Whereas, having regard to the provisions of the aforemen­
  tioned Regulation, and in particular to the information                                   Article 2
  and quotations known to the Commission, the levies on
  live cattle and beef and veal other than frozen meat
  should be as set out in the Annex hereto,                         This Regulation shall enter into force on 1 July 1994.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 29 June 1994.
                                                                             For the Commission
                                                                               Rene STEICHEN
                                                                         Member of the Commission
(') OJ  No   L 387, 31 . 12. 1992, p. 1 .
(2) OJ  No   L 320, 22. 12. 1993, p. 32.
(3) OJ  No   L 108, 1 . 5. 1993, p. 106.
(4) OJ  No   L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- No L 162/54                                     Official Journal of the European Communities                                                   30 . 6. 94
                                                                        ANNEX
                      to the Commission Regulation of 29 June 1994 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 (4)             Sweden/Switzerland        Other third countries 0
                                          Former Yugoslav
                                     Republic of Macedonia (3)
                                                                                      — Live weight —
           0102 90 05                            —                         17,086                       0,000                      131,433 (')
           0102 90 21                            —                         17,086                       0,000                      131,433 (')
           0102 90 29                            —                         17,086                       0,000                      131,433 (')
           0102 90 41                            —                          17,086                      0,000                      131,433 (') («)
           0102 90 49                            —                          17,086                      0,000                      131,433 (') («)
           0102 90 51                          23,058                      17,086                       0,000                      131,433 (')
           0102 90 59                          23,058                       17,086                      0,000                      131,433 (')
           0102 90 61                            —                          17,086                      0,000                      131,433 (')
           0102 90 69                            —                          17,086                      0,000                      131,433 0)
            0102 90 71                         23,058                       17,086                      0,000                      131,433 (')
           0102 90 79                          23,058                       17,086                      0,000                      131,433 (')
                                                                                      — Net weight —
           0201 10 00                          43,811                      32,464                       0,000 f)                  249,723 (') 0
            0201 20 20                         43,811                      32,464                       0,000 Q                   249,723 (') 0
            0201 20 30                         35,049                      25,971                       0,000 0                    199,778 (l)0
           0201 20 50                          52,573                      38,957                       0,000 f)                  299,667 (')O
            0201 20 90                           —                         48,696                       0,000 0                   374,583 (') 0
           0201 30 00                            —                         55,701                       0,000 f)                  428,471 (') 0
           0206 10 95                            —                         55,701                       0,000                     428,471 (')
            0210 20 10                           —                         48,696                       0,000                      374,583
            0210 20 90                           —                         55,701                       0,000                     428,471
            0210 90 41                           —                         55,701                       0,000                     428,471
            0210 90 90                           —                         55,701                       0,000                     428,471
            1602 50 10                           —                         55,701                       0,000                     428,471
            1602 90 61                           —                         55,701                       0,000                     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.
H No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.
O This levy is applicable only to products complying with the provisions of Commission Regulation (EC) No 250/94.
O This levy is applicable only to products complying with the provisions of the Agreement between the EEC and Austria (OJ No L 1 1 1 , 29. 4. 1992, p. 21 ).
(*) 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.l certificates issued in accor­
    dance with Commission Regulation (EEC) No 2697/93, amended, or Regulation (EC) No 346/94 have been presented, are subject to the levies foreseen in
    those Regulations.
O 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.
0 The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 346, 31 . 12. 1993, p. 36) and Regulation (EC)
    No 266/94.