CELEX: 31995R1207
Language: en
Date: 1995-05-29 00:00:00
Title: COMMISSION REGULATION (EC) No 1207/95 of 29 May 1995 fixing the import levies on frozen beef and veal

No L 119/28        fENI               Official Journal of the European Communities                                   30 . 5. 95
                                  COMMISSION REGULATION (EC) No 1207/95
                                                      of 29 May 1995
                                  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 424/95 (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
                                                                or less than the guide price, the levy applicable equals the
Whereas, pursuant to Article 9 of Regulation (EEC) No           following percentage of the basic levy :
805/68, 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       (a) 100 % where the market price is more than or equal
percentage of the basic levy ;                                       to 98 % of the guide price ;
                                                                (b) 105 % where the market price is less than 98 % and
Whereas, in respect of the types of frozen meat listed in            more than or equal to 96 % of the guide price ;
section (b) of the Annex to the said Regulation under CN        (c) 110 % where the market price is less than 96 % and
codes 0202 10 00 and 0202 20 10, the basic levy is deter­
mined on the basis of the difference between :                       more than or equal to 90 % of the guide price ;
                                                                (d) 114 % where the market price is less than 90 % of
— the guide price multiplied by a coefficient represent­             the guide price ;
    ing the ratio existing in the Community between the
    price of fresh meat of a category competitive with the
    frozen meat in question, presented in the same form,        Whereas the guide prices for adult bovine animals for the
    and the average price of adult bovine animals, and           1994/95 marketing year were fixed by Council Regulation
                                                                (EC) No 1885/94 (*), extended by Regulation (EC) No
— the Community free-at-frontier offer price for frozen          683/95 f) ;
    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 f), 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
                                                                 020210 00 and 0202 20 10, multiplied by a standard
(■) OJ No L 148, 28. 6. 1968, p. 24.
O OJ No L 45, 1 . 3. 1 995, p. 1
O OJ No L 75, 23. 3. 1977, p. 10.                               0 OJ No L 197, 30. 7. 1994, p. 29.
(4) OJ No L 370, 19. 12. 1992, p. 16.                           f) OJ No L 71 , 31 . 3. 1995, p. 2.
 ---pagebreak--- 30. 5. 95           rWl               Official Journal of the European Communities                            No L 119 /29
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 ^Vnnex ,
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
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 (% as last
                                                                 amended by Regulation (EC) No 2484/94 (4), lays down
Whereas the representative markets, categories and quali­        the arrangements applicable on agricultural products and
ties of products and weighting coefficients are fixed in         certain goods resulting from the processing of agricultural
Annex II to Commission Regulation (EEC) No 610/77 of             products originating in the African, Caribbean and Pacific
18 March 1977 on the determination of prices of adult            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             Whereas Council Regulations (EC) No 3491 /93 0 and
3270/94 (2);                                                     (EC) No 3492/93 (*), on certain procedures for applying
                                                                 the Europe Agreement establishing an association
                                                                 between the European Communities and their Member
Whereas, for Member States with several representative           States, of the one part, and the Republics of Hungary and
markets, the price of each category and quality is equal to      Poland, of the other part, arid Council Regulation (EEC)
the arithmetic mean of the prices recorded on each of            No 520/92 of 27 February 1992 on certain rules for
those markets ; for representative markets held several          applying the Interim Agreement on trade and trade­
times in one period of seven days, the price of each cat­        related matters between the European Economic Commu­
egory and quality is equal to the arithmetic mean of the         nity and the European Coal and Steel Community, of the
prices recorded on each market day ; whereas in respect of       one part, and the Czech and Slovak Federal Republic, of
 Italy the price of each category and quality is equal to the    the other part Q, as amended by Regulation (EEC) No
average, weighted by the special weighting coefficients          2235/93 (8), and in particular Article 1 thereof introduce
fixed in Annex II to Regulation (EEC) No 610/77, of the          arrangements for reducing import levies on certain
 prices recorded in the surplus and deficit zones ; whereas      products ; whereas Commission Regulation (EC) No
the price recorded in the surplus zone is equal to the            1390/94 0, as amended by Regulation (EC) No 468/
arithmetic mean of the prices recorded on each of the            95 (l0), lays down detailed rules for applying the arrange­
markets within that zone ; whereas in respect of the             ments provided for in these agreements as regards beef ;
United Kingdom the weighted average prices of adult
bovine animals recorded on the representative markets of
Great Britain on the one hand and Northern Ireland on            0 OJ No L 84, 30. 3. 1990, p. 85.
                                                                 (4) OJ No L 265, 15. 10. 1994, p. 3.
the other are adjusted by the coefficient fixed in the           0 OJ No L 319, 21 . 12. 1993, p. 1 .
abovementioned Annex II ;                                        n OJ No L 319, 21 . 12. 1993, p. 4.
                                                                 0 OJ No L 56, 29. 2. 1992, p. 9.
                                                                 (8) OJ No L 200, 10. 8. 1993, p. 5.
 (') OJ No L 77, 25. 3. 1977, p. 1 .                             O OJ No L 152, 18. 6. 1994, p. 20.
ft OJ No L 339, 29. 12. 1994, p. 48.                             (10) OJ No L 48, 3. 3. 1995, p. 4.
 ---pagebreak---  No L 119/30            riNl                Official Journal of the European Communities                                30 . 5. 95
 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 ("), as last
 part ; whereas Commission Regulation (EC) No                          amended by Regulation (EC) No 150/95 (l2), are used to
 1 389/94 f), 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 (l3), as last amended by Regula­
 under the quotas opened by Council Regulations (EC) No                tion (EC) No 1053/95 (,4);
 3071 /94 0 and (EC) No 774/94 (6) and by Commission
 Regulations (EC) No 3241 /94 O and (EC) No 3243/94 0,                Whereas, having regard to the provisions of the aforemen­
 as amended by Regulation (EC) No 498/95 (9) ;                        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 (10), no levies shall apply on
 imports of products originating in the overseas countries
 and territories ;                                                    HAS ADOPTED THIS REGULATION :
Whereas the various cuts of frozen meat are defined in
 Regulation (EEC) No 586/77 ;                                                                   Article 1
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 5 June 1995.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 29 May 1995.
                                                                                For the Commission
                                                                                   Franz FISCHLER
                                                                            Member of the Commission
(')  OJ No   L 333,   31 . 12. 1993, p. 16.
(2)  OJ No   L 333,   31 . 12. 1993, p. 17.
O    OJ No   L 152,    18. 6. 1994, p. 16.
O    OJ No   L 192,   28.  7. 1994, p. 24.
M OJ No L 325, 17. 12. 1994, p. 1 .
(«) OJ  No   L 91 , 8 . 4. 1994, p. 1 .
P)  OJ  No   L 338, 28 .   12. 1994, p. 53.                           (") OJ No L 387, 31 . 12. 1992, p. 1 .
(«) OJ  No   L 338, 28.    12. 1994, p. 62.                           02) OJ No L 22, 31 . 1 . 1995, p. 1 .
0   OJ  No   L 50, 7. 3.   1995, p. 2.                                (,3j OJ No L 108, 1 . 5. 1993, p. 106.
(,0) OJ No L 263, 19. 9. 1991 , p. 1 .                                (,4) OJ No L 107, 12. 5. 1995, p. 4.
 ---pagebreak--- 30. 5. 95       EN                   Official Journal of the European Communities                                             No L 119/31
                                                               ANNEX
          to die Commission Regulation of 29 May 1995 fixing the import levies on frozen beef and
                                                               veal (') (*)
                                                                                                                (ECU/ 100 kg)
                                               CN code                                                       Levy
                                                                                                    — Net weight —
                                              0202 10 00                                                  1 89,053 0
                                              0202 20 10                                                  189,053 0
                                              0202 20 30                                                  151,243 (3)
                                              0202 20 50                                                  236,316 0
                                              0202 20 90                                                  283,580 (3)
                                              0202 30 10                                                  236,316 0
                                              0202 30 50                                                  236,3160
                                              0202 30 90                                                  325,171 00
                                              0206 29 91                                                  325,171 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.
          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, 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 3071 /94
              and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94, (EC) No 957/94 and (EC) No 3243/94,
              amended, is restricted pursuant to the conditions laid down in those Regulations.