CELEX: 31995R0695
Language: en
Date: 1995-03-30 00:00:00
Title: COMMISSION REGULATION (EC) No 695/95 of 30 March 1995 fixing the import levies on frozen beef and veal

31 . 3. 95          I EN I               Official Journal of the European Communities                               No L 71 /59
                                       COMMISSION REGULATION (EC) No 695/95
                                                        of 30 March 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
Whereas, pursuant to Article 9 of Regulation (EEC) Np               or less than the guide price, the levy applicable equals the
                                                                    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                more than or equal to 90 % of the guide price ;
mined on the basis of the difference between :
                                                                    (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 (*) ;
     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 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 1 1 (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
                                                                    0202 10 00 and 0202 20 10, multiplied by a standard
(') OJ  No  L  148, 28 . 6. 1968, p. 24.
(2) OJ  No  L 45, 1 . 3. 1995, p. 2.
(3) OJ  No  L 75, 23. 3. 1977, p. 10.                               O OJ No L 197, 30. 7. 1994, p. 29.
(4) OJ  No  L 370, 19. 12. 1992, p. 16.                             (6) See page 2 of this Official Journal.
 ---pagebreak---   No L 71 /60        |~EN               Official Journal of the European Communities                                  31 . 3 . 95
  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 Annex :
  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 (3), 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 Is) and
 3270/94 (2) ;                                                    (EC) No 3492/93 (6), 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, and 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 partQ, 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             1 390/94 (9), as amended by Regulation (EC) No 468/
arithmetic mean of the prices recorded on each of the             95 (10), 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             (3) 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           Is) OJ No L 319, 21 . 12. 1993, p. 1 .
abovementioned Annex II :                                         I6) 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 .                              0 OJ No L 152, 18. 6. 1994, p. 20.
(2) OJ No L 339, 29. 12. 1994, p. 48.                            (,0) OJ No L 48, 3. 3. 1995, p. 4.
 ---pagebreak---  31 . 3. 95          fENl              Official Journal of the European Communities                              No L 71 /61
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 (M), as last
part ; whereas Commission Regulation (EC) No                      amended by Regulation (EC) No 150/95 (12), are used to
 1 389/94 (3), 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 (I3), as last amended by Regula­
under the quotas opened by Council Regulations (EC) No            tion (EC) No 157/95 (H);
3071 /94 Q and (EC) No 774/94 (6) and by Commission
Regulations (EC) No 3241 /94 Q and (EC) No 3243/94 (8),           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 3 April 1995.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 March 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.
(3) OJ No L 152, 18. 6. 1994, p. 16.
O OJ No L 192, 28. 7. 1994, p. 24.
O OJ No L 325, 17. 12. 1994, p. 1 .
(6) OJ No L 91 , 8. 4. 1994, p. 1 .
O 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.                             (12) OJ No  L  22, 31 . 1 . 1995, p. 1 .
O OJ No L 50, 7. 3. 1995, p. 2.                                   (,3) OJ No  L  108, 1 . 5. 1993, p. 106.
H OJ No L 263, 19. 9. 1991 , p. 1 .                               (")  OJ No  L  24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- No L 71 /62     lENl                    Official Journal of the European Communities                                             31 . 3 . 95
                                                                  ANNEX
            to the Commission Regulation of 30 March 1995 fixing the import levies on frozen beef
                                                               and veal (') (2)
                                                                                                                  (ECU / 100 kg)
                                                  CN code                                                      Levy
                                                                                                       — Net weight —
                                                 0202 10 00                                                 1 89,053 (3)
                                                 0202 20 10                                                 1 89,053 (3)
                                                 0202 20 30                                                 1 51,243 (3)
                                                 0202 20 50                                                 236,316 0
                                                 0202 20 90                                                 283,580 Q
                                                 0202 30 10                                                 236,316 (3)
                                                 0202 30 50                                                 236,316 (3)
                                                 0202 30 90                                                 325,171 (3)(4)
                                                 0206 29 91                                                 325,171 (4)
            (') 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.
            (3) 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.