CELEX: 31995R0208
Language: en
Date: 1995-02-01 00:00:00
Title: COMMISSION REGULATION (EC) No 208/95 of 1 February 1995 fixing the import levies on live cattle and on beef and veal other than frozen

2. 2. 95                              Official Journal of the European Communities                                 No L 25/3
                                       COMMISSION REGULATION (EC) No 208/95
                                                      of 1 February 1995
                     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 Counc l 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 (EC)
 No 1884/94 (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 ;
                                                                   (d) 1 14 % where the market price is less than 90 % of
 Whereas, pursuant to Article 9 of Regulation (EEC) No                 the guide price ;
 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
 percentage 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 c f the customs duty ; whereas the          Commission Regulation (EEC) No 586/77 of 18 March
 Community free-at-fron tier 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 3661 /92 (4) ;
 chilled meat specified in section (a) of the Annex to the
 said Regulation under CN codes 0201 10 00, 0201 10 90,
 0201 20 20 to 0201 20 50, account being taken in parti­           Whereas the prices for adult bovine animals for the
cular of the position with respect to supply and demand,           1994/95 marketing year have been fixed by Council
of world market prices for frozen meat of a category               Regulation (EC) No 1885/94 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 fol­         tive free-at-frontier offer prices of the Community deter­
lowing 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 106% 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 quantities should not be taken into account ; offer
     the guide price ;                                            prices should also be excluded when the movement of
                                                                  prices in general or the information available suggests that
                                                                  they are unrepresentative of the true trend of prices in the
Whereas if it is found that the price of adult bovine             country of origin ;
animals on representative Community markets is equal to
                                                                  (J) UJ No L 75, 23. 3. 1977, p. 10 .
(') OJ No L 148, 28 . 6. 1 ?68, p. 24.                            o UJ No L 370, 19. 12. 1992, p. 16.
(2) OJ No L 197, 30. 7. 1 ?94, p. 27.                             (j OJ No L 197, 30. 7. 1994, p. 29.
 ---pagebreak---   No L 25/4                               Official Journal of the European Communities                                   2. 2. 95
  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
 Whereas pursuant to Article 10 (3) of Regulation (EEC)              Annex II to Commission Regulation (EEC) No 610/77 of
  No 805/68 a special basic levy is determined for certain           18 March 1977 on the determination of prices of adult
 third countries on the basis of the difference between the          bovine animals on representative Community markets
                                                                     and the survey of prices of certain other cattle in the
 guide price and the average price recorded over a certain
  period plus the amount of the customs duty ;                       Community f), as last amended by Regulation (EC) No
                                                                     3270/94 (8) ;
 Whereas Commission Regulation (EEC) No 61 1 /77 ('), as
 last amended by Regulation (EC) No 3246/94 (2), provides
 that the special levy on products originating in Switzer­          Whereas, for Member States with several representative
 land should be determined on the basis of the weighted             markets, the price of each category and quality is equal to
 average of the prices of adult bovine animals recorded on          the arithmetic mean of the prices recorded on each of
 the representative markets of this third country ; whereas         those markets ; whereas, for representative markets held
 the weighting coefficients and representative markets are          several times in one period of seven days, the price of
 specified in the Annexes to Regulation (EEC) No 611 /77 ;          each category and quality is equal to the arithmetic mean
                                                                    of the prices recorded on each market day ; whereas in
                                                                    respect of Italy the price of each category and quantity is
 Whereas the levy is not collected in respect of imports            equal to the average, weighted by the special weighting
 under the quotas opened by Council Regulations (EC) No             coefficients fixed in Annex II to Regulation (EEC) No
 3071 /94 (3) and (EC) No 774/94 (4) and Commission                 610/77, of the prices recorded in the surplus and deficit
 Regulations (EC) No 3241 /94 (*) and (EC) No 3243/94 f5) ;         zones ; whereas the price recorded in the surplus zone is
                                                                    equal to the arithmetic mean of the prices recorded on
                                                                    each of the markets within that zone ; whereas in respect
 Whereas the average price is not to be used for calcula­           of the United Kingdom the weighted average prices of
 ting the special levy unless it is at least ECU 1,21 per 100       adult bovine animals recorded on the representative
 kilograms of live weight more than the free-at-frontier            markets of Great Britain on the one hand and Northern
 offer price determined in accordance with Article 10 (2) of        Ireland on the other are adjusted by the coefficient fixed
 Regulation (EEC) No 805/68 ;                                       in the abovementioned Annex II ;
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 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
Whereas in cases where one or more of the abovemen­                 cients fixed in Annex II to the said Regulation and, in the
                                                                    case of Italy, are first increased or reduced by the correc­
tioned third countries adopt, for reasons of health for             tive amounts fixed in the said Annex ;
example, measures affecting the prices recorded on their
markets, the Commission may use the latest prices
recorded before the entry into force of such measures ;
                                                                   Whereas if one or more Member States, for veterinary or
Whereas pursuant to Article 12 (6) of Regulation (EEC)             health reasons for example, adopt measures affecting the
No 805/68 the price of adult bovine animals on represen­           normal trend of prices recorded on their markets the
tative Community markets is the price established on the           Commission may disregard the prices recorded on the
                                                                   market or markets in question, or use the latest prices
(•) OJ No L 77, 25. 3. 1977, p. 14.                                recorded on the market or markets in question before the
(2) OJ No L 338, 28. 12. 1994, p. 70.                              entry into force of such measures ;
(3) OJ No L 325, 17. 12. 1994, p. 1 .
I4) OJ No L 91 , 8. 4. 1994, p. 1 .
(Ó OJ No L 338, 28. 12. 1994, p. 53.                               0 OJ No L 77, 25. 3. 1977, p. 1 .
ti OJ No L 338, 28. 12. 1994, p. 62.                               0 OJ No L 339, 29. 12. 1994, p. 48 .
 ---pagebreak---   2. 2. 95                               Official Journal of the European Communities                                 No L 25/5
 Whereas, in the absence: of information, prices recorded           products ; whereas Commission Regulation (EC) No
 on representative Community markets are determined                 1390/94 (10), lays down detailed rules for applying the
 mainly by reference to the most recently recorded prices ;        import arrangements provided for in these agreements as
                                                                   regards beef ;
 Whereas for such pericd as the price of adult bovine
 animals recorded on representative Community markets              Whereas Council Regulations (EC) No 3641 /93 ("), and
 differs by less than ECU 0,24 per 100 kilograms of live           (EC) No 3642/93 (12), on certain rules for applying the
 weight from the price previously used, the latter is               Interim Agreement on trade and trade-related matters
 retained ;                                                        between the European Economic Community and the
                                                                    European Coal and Steel Community, of the one part,
 Whereas the levies must be so fixed that obligations              and the Republic of Bulgaria and Romania, of the other
 arising from international agreements concluded by the            part ; whereas Commission Regulation (EC) No 1389/94
 Community continue to be fulfilled ; whereas account              (13), as amended by Regulation (EC) No 1 850/94 (H), lays
 should also be taken of Council Regulation (EC) No                down detailed rules for applying the arrangements
 3355/94 of 22 December 1994 concerning the arrange­               provided for in these agreements as regards beef ;
 ments applicable to the import into the Community of
 products originating in the Republics of Bosnia­                  Whereas, pursuant to Article 101 (1 ) of Council Decision
 Herzegovina, Croatia snd Slovenia and the former                  91 /482/EEC of 25 July 1991 on the association of the
 Yugoslav Republic of Macedonia ('), which provides for            overseas countries and territories with the European
 reductions in the levies on certain products of the beef          Economic Community (15) no levies shall apply on
 and veal sector imported into the Community ; whereas             imports of products originating in the overseas countries
 Commission Regulation (EC) No 207/95 (2) establishes              and territories ;
 detailed rules for the importation of these products ;
                                                                   Whereas the various cuts of beef and veal are defined in
 Whereas, in addition, account must be taken of Decision           Regulation (EEC) No 586/77 ;
 94/ 1 /ECSC, EC of the Council and Commission (3),
 concerning the conclusion of the Agreements on the                Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 European Economic j\rea, between the European                     No 805/68, the nomenclature provided for in this Regula­
 Community, the European Coal and Steel Community                  tion is incorporated in the combined nomenclature ;
 and their Member States , on the one hand, and Austria,
 Finland, Iceland, Norway, Sweden and Liechtenstein, on            Whereas the levies and special levies are fixed before the
 the other hand, hereafter referred to as the 'EEA Agree­          27th day of each month and are applicable from the first
 ment' ;                                                           Monday of the following month ; whereas these levies
                                                                   may be altered in the period between two fixings where
Whereas Council Regulation (EEC) No 715/90 (4), as last            the basic levy or special basic levy is altered, or in the case
 amended by Regulation (EC) No 2484/94 (5), lays down              of changes in the prices recorded on Community repre­
 the arrangements applicable on agricultural products and          sentative markets ;
certain goods resulting from the processing of agricultural
 products originating in the African, Caribbean and Pacific        Whereas the representative market rates defined in Article
 States ;                                                           1 of Council Regulation (EEC) No 3813/92 (1S), as last
                                                                   amended by Regulation (EC) No 150/95 (17), are used to
Whereas Council Regulations (EC) No 3491 /93 (% and                convert amounts expressed in third country currencies
(EC) No 3492/93 (7), on certain procedures for applying            and are used as the basis for determining the agricultural
the Europe Agreement establishing an association                   conversion rates of the Member States' currencies ;
between the European Communities and their Member                  whereas detailed rules on the application and determina­
States, of the one part, and the Republics of Hungary and          tion of these conversions were set by Commission Regu­
Poland, of the other pari , and Council Regulation (EEC)           lation (EEC) No 1068/93 (18), as last amended by Regula­
 No 520/92 of 27 February 1992 on certain rules for                tion (EC) No 157/95 (19),
applying the Interim Agreement on trade and trade­
related matters between the European Economic Commu­               Whereas, having regard to the provisions of the aforemen­
nity and the European Coal and Steel Community, of the             tioned Regulation, and in particular to the information
one part, and the Czech and Slovak Federal Republic, of            and quotations known to the Commission, the levies on
the other part (8), as amended by Regulation (EEC) No              live cattle and beef and veal other than frozen meat
2235/93 (9), and in particular Article 1 thereof introduce         should be as set out in the Annex hereto,
arrangements for reducing import levies on certain
                                                                    ,0) OJ No L 152, 18. 6. 1994, p. 20.
0 OJ No L 353, 31 . 12. 1994, p. 1 .                                ")  OJ  No L  333, 31 . 12. 1993, p. 16.
P) See page 2 of this Official Journal,                             >2) OJ  No L  333, 31 . 12. 1993, p. 17.
(3) OJ No L 1 , 3. 1 . 1994, p. 1 .                                 13) OJ  No L  152, 18.  6. 1994, p. 16.
(4) OJ No L 84, 30. 3. 19S0, p. 85.                                 <4) OJ  No L  192, 28.  7. 1994, p. 24.
Is) OJ No L 265, 15. 10. 1994, p. 3.                                15) OJ  No L  263, 19.  9. 1991 , p. 1 .
(«) OJ   No L 319, 21 . 12. 1993, p. 1 .                            u)  OJ  No L  387, 31 . 12. 1992, p. 1 .
0   OJ   No L 319, 21 . 12. 1993, p. 4.                             17) OJ No L 22, 31 . 1 . 1995, p. 1 .
(*) OJ   No L 56, 29. 2. 19S2, p. 9.                                18) OJ No L 108, 1 . 5. 1993, p. 106.
P)  OJ   No L 200, 10. 8. IS 93, p. 5.                              ») OJ No L 24, 1 . 2. 1995, p. 1 .
 ---pagebreak---  No L 25/6                          Official Journal of the European Communities                                2. 2. 95
HAS ADOPTED THIS REGULATION :                                                         Arttcle 2
                        Article 1
The import levies on live cattle and beef and veal other
than frozen meat shall be as set out in the Annex to the
present Regulation.                                           This Regulation shall enter into force on 6 February 1995.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 1 February 1995.
                                                                      For the Commission
                                                                        Franz FISCHLER
                                                                  Member of the Commission
 ---pagebreak---  2. 2. 95                                        Official Journal of the European Communities                                               No L 25/7
                                                                        ANNEX
                      to the Commission Regulation of 1 February 1995 fixing the import levies on live cattle
                                                      and on beef and veal other than frozen
                                                                                                                                            (ECU/100 kg)
                                             Croatia / Slovenia /        I                                     I
              CN code                        Bosnia-Herzegovina /                      Switzerland                     Other third countries (2)
                                               Former Yugoslav           l
                                          Republic of Macedonia (3)
                                                                         I                                     \
                                                                                   — Live weight —
            0102 90 05                                —
                                                                                            0                                158,710 O
            0102 90 21                                —                                    0                                 1 58,71 0 (·)
            0102 90 29                                —
                                                                                           0                                 158,710 0
            0102 90 41                                —
                                                                                           0                                 1 58,71 0 (') 0
            0102 90 49                                —
                                                                                           0                                 1 58,71 0 (') 0
            0102 90 51                              27,844                                 0                                 1 58,71 0 (■)
            0102 90 59                              27,844                                 0                                 158,710 (')
            0102 90 61                                —                                    0                                 158,710 0)
            0102 90 69                                —i                                   0                                 158,710 (')
            0102 90 71                              27,844                                 0                                 1 58,71 0 (')
            0102 90 79                              27,844                                 0                                 158,710 (')
                                                                                   — Net weight —
            0201 10 00                              52,903                                 0                               301,548 0 (4)
            0201 20 20                              52,903                                 0                               301,548 0 (4)
            0201 20 30                             42,323                                  0                               241 ,239 00
            0201 20 50                              63,484                                 0                               361,858 0 0
            0201 20 90                                —                                    0                               452,322 00
            0201 30 00                                —                                    0                               517,394 000
            0206 10 95                                —                                    0                               517,394 00
            0210 20 10                                —                                    0                               452,322
            0210 20 90                                —                                    0                               517,394
            0210 90 41                                —                                    0                               517,394
            0210 90 90                                —                                    0                               517,394
            1602 50 10                                —                                    0                               517,394
            1602 90 61                                —                                    0                               517,394
(') In accordance with amended Regulation (EEC) No 715/90, levies are not applied to products imported direcuy into the French overseas departments,
    originating in the African, Caribbean and Pacific States.
(2) No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.
(3) This levy is applicable only lo products complying with the provisions of Commission Regulation (EC) No 207/95.
(4) 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, tie Slovak Republic, Bulgaria and Romania and the Community, and in respect of which EUR.1 certificates issued in accor­
    dance with Commission Regulation (EC) No 1390/94 or Regulation (EC) No 1389/94 have been presented, are subject to the levies foreseen in those
    Regulations.
(*) 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.
f) For imported products falling within these codes, the levy applicable is restricted within the conditions provided for in Council Regulations (EC)
    No 3071 /94 and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94 and (EC) No 3243/94.