CELEX: 31992R0450
Language: en
Date: 1992-02-27 00:00:00
Title: Commission Regulation (EEC) No 450/92 of 26 February 1992 fixing the import levies on frozen beef and veal

No L 52/22                                Official Journal of the European Communities                                  27. 2. 92
                                      COMMISSION REGULATION (EEC) No 450/92
                                                        of 26 February 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
                                                                      1991 /92 marketing year have been fixed by Council
— the Community free-at-frontier offer price for frozen              Regulation (EEC) No 1629/91 (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 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
(') OJ   No L  148, 28. 6. 1968, p. 24.                              020210 00 and 0202 20 10, multiplied by a standard
(2) OJ   No L  150, 15. 6. 1991 , p. 16.
0   OJ   No L  75, 23. 3. 1977, p. 10.
(<) OJ   No L  376, 31 . 12. 1987, p. 31 .                           (0 OJ No L 150, 15. 6. 1991 , p. 18.
 ---pagebreak---   27. 2. 92                             Official Journal of the European Communities                              No L 52/23
  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 523/91 (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 or in the overseas countries and territories ;
Community ('), as last amended by Regulation (EEC) No
3071 /91 0 ;
                                                                 Whereas, pursuant to Article 101 ( 1 ) of Council Decision
                                                                  91 /482/EEC of 25 July 1991 on the association of the
Whereas, for Member States with several representative            overseas countries and territories with the European
markets, the price of each category and quality is equal to       Economic Community (*), no levies shall apply on
the arithmetic mean of the prices recorded on each of             imports of products originating in the overseas countries
those markets ; for representative markets held several           and territories ; whereas, however, pursuant to Article 101
times in one period of seven days, the price of each cat­        (4) of the abovementioned Decision, a special amount
egory and quality is equal to the arithmetic mean of the          shall be charged on imports of certain products origina­
prices recorded on each market day ; whereas in respect of        ting in the overseas countries and territories in order to
Italy the price of each category and quality is equal to the      prevent products originating from these countries and
average, weighted by the special weighting coefficients           territories from receiving more favourable treatment than
fixed in Annex II to Regulation (EEC) No 610/77, of the          similar products imported from Spain or Portugal into the
prices recorded in the surplus and deficit zones ; whereas        Community as constituted on 31 December 1985 ;
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 of the             Whereas the various cuts of frozen meat are defined in
United Kingdom the weighted average prices of adult              Regulation (EEC) No 586/77 ;
bovine animals recorded on the representative markets of
                                                                 (3) OJ No L 84, 30. 3 . 1990, p. 85.
(') OJ No L 77, 25. 3. 1977, p. 1 .                              (4) OJ No L 58, 5. 3. 1991 , p. 1 .
0 OJ No L 290, 22. 10. 1991 , p. 19.                             O OJ No L 263, 19. 9 . 1991 , p. 1 .
 ---pagebreak--- No L 52/24                             Official Journal of the European Communities                               27. 2. 92
Whereas, pursuant to Article 33 (2) of Regulation (EEC)              a period to be determined, multiplied by the coeffi­
No 805/68, the nomenclature provided for in this Regula­             cient referred to in the preceding indent ;
tion is incorporated in the combined nomenclature ;
                                                                 Whereas, having regard to the provisions of the aforemen­
Whereas the levies are fixed before the 27th day of each         tioned Regulations, and in particular to the information
month and are applicable from the first Monday of the            and quotations known to the Commission, the levies on
following month ; whereas these levies may be altered in         frozen beef and veal should be as set out in the Annex
the period between two fixings where the basic levy is           hereto,
altered, or in these case of changes in the prices recorded
on Community representative markets ;
Whereas, if the levy system is to operate normally, levies
                                                                 HAS ADOPTED THIS REGULATION :
should be calculated on the following basis :
— in the case of currencies which are maintained in rela­
    tion to each other at any given moment within a band                                  Article 1
    of 2,25 %, a rate of exchange based on their central
    rate, multiplied by the corrective factor provided for in    The import levies on frozen beef and veal shall be as set
    the last paragraph of Article 3 (1 ) of Council Regula­      out in the Annex.
    tion (EEC) No 1676/85 ('), as last amended by Regula­
    tion (EEC) No 2205/90 (2),
— for the other currencies, an exchange rate based on an                                  Article 2
    average of the ecu rates published in the Official
    Journal of the European Communities, C series, over          This Regulation shall enter into force on 2 March 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 26 February 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
(4 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 27. 2. 92                             Official Journal of the European Communities                                              No L 52/25
                                                               ANNEX
           to the Commission Regulation of 26 February 1992 fixing the import levies on frozen beef
                                                            and veal (') (2)
                                                                                                                (ECU / 100 kg)
                                              CN code                                                       Levy
                                                                                                    — Net weight —
                                             0202 10 00                                                   172,539
                                             0202 2010                                                    172,539
                                             0202 20 30                                                   138,031
                                             0202 20 50                                                  215,674
                                             0202 20 90                                                  258,809
                                             0202 30 10                                                  215,674
                                             0202 30 50                                                  215,674
                                             0202 30 90                                                  296,767
                                             0206 29 91                                                  296,767
          (') 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 or in the overseas
              countries and territories.
          0 No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.