CELEX: 31992R1638
Language: en
Date: 1992-06-26 00:00:00
Title: Commission Regulation (EEC) No 1638/92 of 25 June 1992 fixing the import levies on frozen beef and veal

No L 171 /22                             Official Journal of the European Communities                                  26. 6. 92
                                       COMMISSION REGULATION (EEC) No 1638/92
                                                          of 25 June 1992
                                       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
 Economic 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 (EEC)
 No 1628/91 (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 under Article 9 of Regulation (EEC) No 805/68                or less than the guide price, the levy applicable equals the
 a levy is applicable to the products specified in Article 1         following percentage of the basic levy :
 (1 ) (a) of that Regulation ; whereas Article 12 fixes the
 amount of the levy applicable by reference to a percent­            (a) 100 % where the market price is more than or equal
 age 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
 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
                                                                     1992/93 marketing year have been fixed by Council
— the Community free-at-frontier offer price for frozen              Regulation (EEC) No 1377/92 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 (3), as                 taking into account in particular :
last amended by Regulation (EEC) No 3988/87 (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,
      1 02 % 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
(')  OJ  No  L  148, 28. 6. 1968, p. 24.                             0202 1 0 00 and 0202 20 1 0, multiplied by a standard
(2)  OJ  No  L  150, 15. 6. 1991 , p. 16.
(3)  OJ  No  L 75, 23. 3. 1977, p. 10.
(4)  OJ  No  L 376, 31 . 12. 1987, p. 31 .                           0 OJ No L 147, 29. 5. 1992, p. 6.
 ---pagebreak--- 26 . 6. 92                            Official Journal of the European Communities                            No L 171 /23
coefficient fixed for each of the products in question ;        Great Britain on the one hand and Northern Ireland on
whereas these coefficients were fixed in Annex II to            the other are adjusted by the coefficient fixed in the
Regulation (EEC) No 586/77 ;                                    abovementioned Annex II ;
Whereas, for the purpose of fixing the free-at-frontier         Whereas prices for the different categories and qualities
offer prices, offer prices that do not correspond to real       not obtained from prices which are 'live weight excluding
purchasing possibilities or that relate to unrepresentative
                                                                tax', are multiplied by the live weight conversion coeffi­
quantities should not be taken into account ; whereas           cients fixed in Annex II to the said Regulation and, in the
offer prices should also be excluded when the movement          case of Italy, are first increased or reduced by the correc­
                                                                tive amounts fixed in the said Annex ;
of prices in general or the information available gives
reason to believe that they are unrepresentative of the true
trend of prices in the country of origin ;
                                                                Whereas if one or more Member States, for veterinary or
                                                                health reasons for example, adopt measures affecting the
                                                                normal trend of prices recorded on their markets, the
Whereas, where the free-at-frontier offer price for frozen      Commission may disregard the prices recorded on the
meat differs by less than one unit of account per 100 kilo­     market or markets in question, or use the latest prices
grams from that previously used for the calculation of the      recorded on the market or markets in question before the
levy, the latter price should be retained ;                     entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)          Whereas, in the absence of information, prices recorded
No 805/68 the price of adult bovine animals on represen­        on representative Community markets are determined
tative Community markets is the price established on the        mainly by reference to the most recently recorded prices ;
basis of prices recorded over a period to be determined on
the representative market or markets of each Member
State for the various categories of adult bovine animals or     Whereas, for such period as the price of adult bovine
of meat from such animals, taking into account the size of      animals recorded on representative Community markets
each of these categories and the relative size of the bovine    differs by less than ECU 0,24 per 100 kilograms of live
herd of each Member State :                                     weight from the price previously used, the latter is
                                                                retained ;
Whereas the representative markets, categories and quali­       Whereas Council Regulation (EEC) No 715/90 (3), as last
ties of products and weighting coefficients are fixed in        amended by Regulation (EEC) No 444/92 (4), lays down
Annex II to Commission Regulation (EEC) No 610/77 of            the arrangements applicable on agricultural products and
18 March 1977 on the determination of prices of adult           certain goods resulting from the processing of agricultural
bovine animals on representative Community markets              products originating in the African, Caribbean and Pacific
and the survey of prices of certain other cattle in the         States :
Community ('), as last amended by Regulation (EEC) No
1615/92 (2);
                                                                Whereas Council Regulations (EEC) No 518/92 0, (EEC)
                                                                No 519/92 (6) and (EEC) No 520/92 Q of 27 February
Whereas, for Member States with several representative           1992 on certain procedures for applying the Interim
markets, the price of each category and quality is equal to     Agreements on trade and trade-related matters between
the arithmetic mean of the prices recorded on each of           the European Economic Community and the European
those markets ; for representative markets held several         Coal and Steel Community, of the one part, and the
times in one period of seven days, the price of each cat­       Republic of Poland, the Republic of Hungary and the
egory and quality is equal to the arithmetic mean of the        Czech and Slovak Federal Republic respectively, of the
prices recorded on each market day ; whereas in respect of      other part, introduce arrangements for reducing import
Italy the price of each category and quality is equal to the    levies on certain products ; whereas Commission Regula­
average, weighted by the special weighting coefficients         tion (EEC) No 898/92 (8), as amended by Regulation
fixed in Annex II to Regulation (EEC) No 610/77, of the         (EEC) No 1265/92 (9), lays down detailed rules for
prices recorded in the surplus and deficit zones ; whereas      applying the arrangements provided for in these agree­
the price recorded in the surplus zone is equal to the          ments as regards beef and veal ;
arithmetic mean of the prices recorded on each of the
markets within that zone ; whereas in respect of the            (3) OJ   No L 84, 30. 3. 1990, p. 85.
United Kingdom the weighted average prices of adult             (4) OJ   No L 52, 27. 2. 1992, p. 7.
bovine animals recorded on the representative markets of        0   OJ   No L 56, 29. 2. 1992, p. 3.
                                                                (4) OJ   No L 56, 29. 2. 1992, p. 6.
                                                                0   OJ   No L 56, 29. 2. 1992, p. 9.
(') OJ No L 77, 25. 3. 1977, p. 1 .                             (8) OJ   No L 95, 9. 4. 1992, p. 44.
(2) OJ No L 170, 25. 6. 1992, p. 16.                            0   OJ   No L  135, 19. 5. 1992, p. 6.
 ---pagebreak--- No L 171 /24                          Official Journal of the European Communities                                  26. 6. 92
Whereas, pursuant to Article 101 (1 ) of Council Decision        — in the case of currencies which are maintained in rela­
91 /482/EEC of 25 July 1991 on the association of the                tion to each other at any given moment within a band
overseas countries and territories with the European                 of 2,25 %, a rate of exchange based on their central
Economic Community ('), no levies shall apply on                     rate, multiplied by the corrective factor provided for in
imports of products originating in the overseas countries            the last paragraph of Article 3 (1 ) of Council Regula­
and territories ; whereas, however, pursuant to Article 101          tion (EEC) No 1676/85 (2), as last amended by Regula­
(4) of the abovementioned Decision, a special amount                 tion (EEC) No 2205/90 (3),
shall be charged on imports of certain products origina­         — for the other currencies, an exchange rate based on an
ting in the overseas countries and territories in order to           average of the ecu rates published in the Official
prevent products originating from these countries and                Journal of the European Communities, C series, over
territories from receiving more favourable treatment than            a period to be determined, multiplied by the coeffi­
similar products imported from Spain or Portugal into the            cient referred to in the preceding indent ;
Community as constituted on 31 December 1985 ;
                                                                 Whereas, having regard to the provisions of the aforemen­
Whereas the various cuts of frozen meat are defined in           tioned Regulations, and in particular to the information
Regulation (EEC) No 586/77 ;                                     and quotations known to the Commission, the levies on
                                                                 frozen beef and veal should be as set out in the Annex
Whereas, pursuant to Article 33 (2) of Regulation (EEC)          hereto,
No 805/68, the nomenclature provided for in this Regula­
tion is incorporated in the combined nomenclature ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas the levies are fixed before the 27th day of each
month and are applicable from the first Monday of the                                      Article 1
following month ; whereas these levies may be altered in
the period between two fixings where the basic levy is           The import levies on frozen beef and veal shall be as set
altered, or in these case of changes in the prices recorded      out in the Annex.
on Community representative markets ;
                                                                                           Article 2
Whereas, if the levy system is to operate normally, levies
should be calculated on the following basis :                    This Regulation shall enter into force on 6 July 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 25 June 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
                                                                 0 OJ No L 164, 24. 6. 1985, p. 1 .
(') OJ No L 263, 19. 9. 1991 , p. 1 .                            O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 26. 6. 92                             Official Journal of the European Communities                                              No L 171 /25
                                                              ANNEX
          to the Commission Regulation of 25 June 1992 fixing the import levies on frozen beef and
                                                              veal (') (2)
                                                                                                                 (ECU / 100 kg)
                                                CN code                                                       Levy
                                                                                                      — Net weight —
                                              0202 10 00                                                  184,851 (3)
                                              0202 20 10                                                  184,851 (3)
                                              0202 20 30                                                  147,881 (3)
                                              0202 20 50                                                  231,064 (3)
                                              0202 20 90                                                  277,277 (3)
                                              0202 30 10                                                  231,064 (3)
                                              0202 30 50                                                  231,064 (3)
                                              0202 30 90                                                  31 7,944 (3)
                                              0206 29 91                                                  317,944
          (') 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.
          (J) Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­
              ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued
              in accordance with Regulation (EEC) No 898/92 have been presented, are subject to the levies set out in the
              Annex to that Regulation.