CELEX: 31992R1420
Language: en
Date: 1992-05-29 00:00:00
Title: Commission Regulation (EEC) No 1420/92 of 27 May 1992 fixing the import levies on live cattle and on beef and veal other than frozen

No L 148/ 12                         Official Journal of the European Communities                                  29 . 5. 92
                                  COMMISSION REGULATION (EEC) No 1420/92
                                                     of 27 May 1992
                    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
Economic 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         (b) 105 % where the market price is less than 98 % and
27 June 1968 on the common organization of the market               more than or equal to 96 % of the guide price ;
in beef and veal ('), as last amended by Regulation (EEC)      (c) 110 % where the market price is less than 96 % and
No 1628/91 (2), and in particular Article 12 (8) thereof,           more than or equal to 90 % of the guide price ;
                                                               (d) 114 % where the market price is less than 90 % of
Whereas under Article 9 of Regulation (EEC) No 805/68               the guide price ;
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 percen­
tage of the basic levy ;                                       Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                               No 805/68 the basic levy on the meat specified in
                                                               sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is         basic levy determined for bovine animals, multiplied by a
determined on the basis of the difference between the          standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer           question ; whereas these coefficients are fixed by
price plus the amount of the customs duty ; whereas the        Commission Regulation (EEC) No 586/77 of 18 March
Community free-at-frontier offer price is determined in        1977 laying down rules for the application of levies on
the light of the most representative purchasing possibili­     beef and veal and amending Regulation (EEC) No 950/68
ties, as regards quality and quantity, recorded over a         on the Common Customs Tariff (3), as last amended by
certain period for bovine animals and for the fresh or         Regulation (EEC) No 3988/87 (4) ;
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 10, 0201 10 90,
0201 20 11 and 0201 20 19, account being taken in parti­       Whereas the guide prices for adult bovine animals for the
cular of the position with respect to supply and demand,       1992/93 marketing year were fixed by Council Regulation
of world market prices for frozen meat of a category           (EEC) No 1377/92 0 ;
which is competitive with fresh or chilled meat and of
past experience ;
                                                               Whereas Regulation (EEC) No 586/77 stipulates that the
Whereas if it is found that the price of adult bovine          basic levy is to be calculated according to the method set
animals on representative Community markets is higher          out in its Article 3 and on the basis of all the representa­
than the guide price, the levy applicable equals the follo­    tive free-at-frontier offer prices of the Community deter­
wing percentage of the basic levy :                            mined for the products of each of the categories and cuts
                                                               specified in Article 2 and established principally by
                                                               reference to the prices specified in the customs docu­
(a) 75 % where the market price is less than or equal to       ments accompanying products imported from third coun­
     102 % of the guide price ;
                                                               tries or from other information concerning export prices
(b) 50 % where the market price is more than 102 % and         obtaining in those third countries ;
     less than or equal to 104% of the guide price ;
(c) 25 % where the market price is more than 104 % and
     less than or equal to 1 06 % of the guide price ;         Whereas, however, offer prices that do not correspond to
                                                               real purchasing possibilities or that relate to unrepresenta­
(d) 0 % where the market price is more than 106 % of           tive quantitities should not be taken into account ;
     the guide price ;                                         whereas offer prices should also be excluded when the
                                                               movement of prices in general or the information avai­
                                                               lable suggests that they are unrepresentative of the true
Whereas if it is found that the price of adult bovine          trend of prices in the country of origin ;
animals on representative Community markets is equal to
                                                               0 OJ No L 75, 23. 3. 1977, p. 10.
(') OJ No L 148, 28. 6. 1968, p. 24.                           0 OJ No L 376, 31 . 12. 1987, p. 31 .
0 OJ No L 150, 15. 6. 1991 , p. 16.                            O OJ No L 147, 29 . 5. 1992, p. 6.
 ---pagebreak--- 29. 5. 92                               Official Journal of the European Communities                            No L 148/ 13
Whereas in cases where for one or more categories of              basis of prices recorded over a period to be determined on
bovine animals or cuts of meat a free-at-frontier offer           the representative market or markets of each Member
price cannot be established, the most recent available            State in respect of the various categories of adult bovine
price should be used for the calculation ;                        animals or of meat from such animals, after taking into
                                                                  account the size of each of these categories and the rela­
                                                                  tive size of the bovine herd of each Member State ;
Whereas if the free-at-frontier offer price differs by less
than ECU 0,60 per 100 kilograms of live weight from that
previously used for the calculation of the levy, the latter
price should be retained ;                                        Whereas the representative markets, categories and quali­
                                                                  ties of products and weighting coefficients are fixed in
                                                                  Annex II to Commission Regulation (EEC) No 610/77 of
Whereas pursuant to Article 10 (3) of Regulation (EEC)            18 March 1977 on the determination of prices of adult
No 805/68 a special basic levy is determined for certain          bovine animals on representative Community markets
third countries on the basis of the difference between the        and the survey of prices of certain other cattle in the
guide price and the average price recorded over a certain         Community (4), as last amended by Regulation (EEC) No
period plus the amount of the customs duty ;                      3071 /91 0 ;
Whereas Commission Regulation (EEC) No 611 /77 ('), as
                                                                  Whereas, for Member States with several representative
last amended by Regulation (EEC) No 1049/92 (2),
provides that the special levy on products originating in
                                                                  markets, the price of each category and quality is equal to
and coming from Austria, Sweden and Switzerland should            the arithmetic mean of the prices recorded on each of
                                                                  those markets ; whereas, for representative markets held
be determined on the basis of the weighted average of the
                                                                  several times in one period of seven days, the price of
prices of adult bovine animals recorded on the representa­
tive markets of those third countries ; whereas the               each category and quality is equal to the arithmetic mean
                                                                  of the prices recorded on each market day ; whereas in
weighting coefficients and representative markets are
specified in the Annexes to Regulation (EEC) No 611 /77 ;         respect of Italy the price of each category and quantity is
                                                                  equal to the average, weighted by the special weighting
                                                                  coefficients fixed in Annex II to Regulation (EEC) No
Whereas Council Decision 92/232/EEC of 1 October                  610/77, of the prices recorded in the surplus and deficit
1991 on the conclusion of an Agreement in the form of             zones ; whereas the price recorded in the surplus zone is
an exchange of letters between the European Economic              equal to the arithmetic mean of the prices recorded on
Community and the Republic of Austria concerning the              each of the markets within that zone ; whereas in respect
adjustment of the Community import arrangements                   of the United Kingdom the weighted average prices of
applicable to certain beef and veal sector products origi­        adult bovine animals recorded on the representative
nating in Austria (3) lays down new provisions on prefe­          markets of Great Britain on the one hand and Northern
rential imports under a separate tariff quota ; whereas this      Ireland on the other are adjusted by the coefficient fixed
must be taken into account when the levies are fixed ;            in the abovementioned Annex II ;
Whereas the average price is not to be used for calcula­          Whereas prices for the different categories and qualities
ting the special levy unless it is at least ECU 1,21 per 100      not obtained from prices which are 'live weight excluding
kilograms of live weight more than the free-at-frontier           tax' are multiplied by the live weight conversion coeffi­
offer price determined in accordance with Article 10 (2) of       cients fixed in Annex II to the said Regulation and, in the
Regulation (EEC) No 805/68 ;                                      case of Italy, are first increased or reduced by the correc­
                                                                  tive amounts fixed in the said Annex :
Whereas if the average price differs by less than ECU 0,60
per 100 kilograms of live weight from that previously
used to calculate the levy, the latter may be retained ;          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 in cases where one or more of the abovemen­
                                                                  Commission may disregard the prices recorded on the
tioned third countries adopt, for reasons of health for           market or markets in question, or use the latest prices
example, measures affecting the prices recorded on their          recorded on the market or markets in question before the
markets, the Commission may use the latest prices                 entry into force of such measures ;
recorded before the entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­          Whereas, in the absence of information, prices recorded
tative Community markets is the price established on the          on representative Community markets are determined
                                                                  mainly by reference to the most recently recorded prices ;
(') OJ No L 77, 25. 3. 1977, p. 14.
0 OJ No L 111 , 29. 4. 1992, p. 7.                                (4) OJ No L 77, 25. 3. 1977, p. 1 .
0 OJ No L 111 , 29. 4. 1992, p. 16.                               0 OJ No L 290, 22. 10. 1991 , p. 19.
 ---pagebreak---  No L 148/ 14                           Official Journal of the European Communities                                   29. 5. 92
Whereas for such period as the price of adult bovine               shall be charged on imports of certain products origina­
animals recorded on representative Community markets               ting in the overseas countries and territories in order to
differs by less than ECU 0,24 per 100 kilograms of live            prevent products originating from these countries and
weight from the price previously used, the latter is              territories from receiving more favourable treatment than
retained ;                                                        similar products imported from Spain or Portugal into the
                                                                   Community as constituted on 31 December 1985 ;
Whereas the levies must be so fixed that obligations              Whereas the various cuts of beef and veal are defined in
arising from international agreements concluded by the            Regulation (EEC) No 586/77 ;
 Community continue to be fulfilled ; whereas the levies
fixed must be consistent with international agreements            Whereas, pursuant to Article 33 (2) of Regulation (EEC)
entered into by the Community ; whereas account should             No 805/68, the nomenclature provided for in this Regula­
also be taken of Council Regulation (EEC) No 545/92 of            tion is incorporated in the combined nomenclature ;
3 February 1992 concerning the arrangements applicable
to the import into the Community of products origina­             Whereas the levies and special levies are fixed before the
ting in the Republics of Croatia and Slovenia and the             27th day of each month and are applicable from the first
Yugoslav Republics of Bosnia-Herzegovina, Macedonia               Monday of the following month ; whereas these levies
and Montenegro ('), which provides for reductions in the          may be altered in the period between two fixings where
levies on certain products of the beef and veal sector            the basic levy or special basic levy is altered, or in the case
imported into the Community ; whereas Commission                  of changes in the prices recorded on Community repre­
Regulation (EEC) No 859/92 (2) establishes detailed rules         sentative markets ;
for the importation of these products ;
                                                                  Whereas, if the levy system is to operate normally, levies
Whereas Council Regulation (EEC) No 715/90 (3), as last           should be calculated on the following basis :
amended by Regulation (EEC) No 444/92 (4), lays down
                                                                  — in the case of currencies which are maintained in rela­
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural             tion to each other at any given moment within a band
products originating in the African, Caribbean and Pacific              of 2,25 % , a rate of exchange based on their central
States ;                                                                rate, multiplied by the coefficient provided for in the
                                                                        last paragraph of Article 3 (1 ) of Council Regulation
                                                                        (EEC) No 1676/85 ("), as last amended by Regulation
                                                                        (EEC) No 2205/90 (l2),
Whereas Council Regulations (EEC) No 518/92 (*), (EEC)
No 519/92 (*) and (EEC) No 520/92 f) of 27 February               — for the other currencies, an exchange rate based on
 1992 on certain procedures for applying the Interim                    the ecu rates published in the Official Journal of the
Agreements on trade and trade-related matters between                   European Communities, C series, over a period to be
the European Economic Community and the European                        determined, multiplied by the coefficient referred to
Coal and Steel Community, of the one part, and the                      in the preceding indent ;
Republic of Poland, the Republic of Hungary and the
Czech and Slovak Federal Republic respectively, of the            Whereas, having regard to the provisions of the aforemen­
other part, introduce arrangements for reducing import            tioned Regulation, and in particular to the information
levies on certain products ; whereas Commission Regula­           and quotations known to the Commission, the levies on
tion (EEC) No 981 /92 (8), as amended by Regulation               live cattle and beef and veal other than frozen meat
(EEC) No 982/92 (9), lays down detailed rules for applying        should be as set out in the Annex hereto,
the arrangements provided for in these agreements in
regards beef ;
                                                                  HAS ADOPTED THIS REGULATION :
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                                          Article 1
Economic Community (10), no levies shall apply on
imports of products originating in the overseas countries
and territories ; whereas, however, pursuant to Article 101       The import levies on live cattle and beef and veal other
(4) of the abovementioned Decision, a special amount              than frozen meat shall be as set out in the Annex to the
                                                                  present Regulation .
(') OJ No L 63, 7. 3. 1992, p. 1 .
(2) OJ No L 89, 4. 4. 1992, p. 26.
0 OJ No L 84, 30. 3. 1990, p. 85.                                                             Article 2
(*) OJ No L 52, 27. 2. 1992, p. 7.
O OJ No L 56, 29. 2. 1992, p. 3.
(6) OJ No L 56, 29. 2. 1992, p. 6.                                This Regulation shall enter into force on 1 June 1992.
O OJ No L 56, 29. 2. 1992, p. 9.
(8) OJ No L 104, 22. 4. 1992, p. 34.
0 OJ No L 104, 22. 4. 1992, p. 38.                                (") OJ No L 164, 24. 6. 1985, p. 1 .
(,0) OJ No L 263, 19. 9 . 1991 , p. 1 .                           ( I2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 29. 5. 92                             Official Journal of the European Communities                                             No L 148/ 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
           Done at Brussels, 27 May 1992.
                                                                                   For the Commission
                                                                                     Ray MAC SHARRY
                                                                              Member of the Commission
                                                               ANNEX
           to the Commission Regulation of 27                          May 1992 fixing the import levies on
                                    live cattle and on beef and veal other than frozen
                                                                                                                  (ECU/100 kg)
                                Croatia, Slovenia,
                CN code
                              Bosnia-Herzegovina,                                                             Other third
                                   Macedonia,               Austria (4)       Sweden/Switzerland
                                                                                                              countries (2)
                                  Montenegro (J)
                                                                    — Live weight —
             0102   90  10                                   17,116                   0,000                131,663 (') (2) (6)
             0102   90  31           23,099                  17,116                   0,000                131,663 C)(2)(6)
             0102   90  33                                   17,116                  0,000                 131,663 (')(2)0
             0102   90  35           23,099                  17,116                  0,000                 131,663 (')(2)0
             0102   90  37           23,099                  17,116                  0,000                 131,663 0)(2) C)
                                                                    — Net weight —
             0201    10 10                                   32,521                  0,000                 250,160 0)(2)(5)
             0201    10 90           43,888                  32,521                  0,000                 250,160 OOO
             0201   20  21                                   32,521                  0,000                 250,160 (>) (2)0
             0201   20  29           43,888                  32,521                  0,000                 250,160 0 (2)(s)
             0201   20  31                                   26,017                  0,000                 200,128 OiOO
             0201   20  39           35,110                  26,017                  0,000                 200,128 (')(2)0
             0201   20  51           52,665                  39,025                  0,000                 300,1 92 (') OO
             0201   20  59           52,665                  39,025                  0,000                 300,192 (')(2)0
             0201   20  90                                   48,781                  0,000                 375,240 (')(2)0
             0201   30  00                                   55,799                  0,000                 429,221 O (2) (5)
             0206    10 95                                   55,799                  0,000                 429,221 (') (2)
             0210   20  10                                   48,781                  0,000                 375,240
             0210   20  90                                   55,799                  0,000                 429,221
             0210   90  41                                   55,799                  0,000                 429,221
             0210   90  90                                   55,799                  0,000                 429,221
              1602  50  10                                   55,799                  0,000                 429,221
              1602  90  61                                   55,799                  0,000                 429,221
          (') 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.
          (') This levy is applicable only to products complying with the provisions of the Commission Regulation (EEC)
               No 859/92.
          (4) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and
              Austria (OJ No L 111 , 29. 4. 1992, p. 21 ).
          (') 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.
          (') 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 891 /92 have been presented, are subject to the levies set out in the
              Annex to that Regulation.
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