CELEX: 31994R1976
Language: en
Date: 1994-07-30 00:00:00
Title: Commission Regulation (EC) No 1976/94 of 29 July 1994 fixing the sluice-gate prices and levies on pigmeat

No L 198/ 124                              Official Journal of the European Communities                                   30 . 7. 94
                                          COMMISSION REGULATION (EC) No 1976/94
                                                            of 29 July 1994
                                      fixing the sluice-gate prices and levies on pigmeat
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          the Commission had to fix the levy applicable from 1
                                                                      July 1994, in Regulation (EC) No 1 602/94 (6), based on
                                                                      the amounts of the monthly increases which it proposed
 Having regard to the Treaty establishing the European                to the Council for the 1994/95 marketing year ; whereas
 Community,                                                           at the end of July 1994 the Council adopted monthly
                                                                      increases different from those proposed by the Commis­
                                                                      sion ; whereas, as a result, it is necessary to fix once again
 Having regard to Council Regulation (EEC) No 2759/75                 the levy applicable from 1 August 1994 ;
 of 29 October 1975 on the common organization of the
 market in pigmeat ('), as last amended by Regulation
 (EEC) No 1249/89 (2), and in particular Articles 8 and 12
 (1 ) thereof,
                                                                      Whereas the value within the Community of that quan­
                                                                      tity of feed grain must be determined in accordance with
 Whereas a levy fixed quarterly in advance must be                    Article 2 of Regulation (EEC) No 2764/75 ; whereas the
 charged on imports into the Community for the products               value for the same quantity on the world market must be
 specified in Article 1 ( 1 ) of Regulation (EEC) No                  determined in accordance with Article 3 thereof ;
 2759/75 ;
                                                                      Whereas Article 3 of that Regulation provides that the
 Whereas, as the levies and sluice-gate prices were last              price of each cereal on the world market is to be equal to
 fixed by Commission Regulation (EC) No 687/94 of 28                  the average of the cif prices of that cereal ; whereas the cif
 March 1994 (3), for the period from 1 April to 30 June               prices are recorded for the five-month period ending one
 1993, new levies and sluice-gate prices must be fixed for            month before the quarter in respect of which the said
 the period 1 July to 30 September 1994 ;                             component is calculated ; whereas that period is 1 January
                                                                      to 31 May 1994 ;
Whereas the levy on pig carcases is made up of two
components ;                                                          Whereas the second component must be equal to 7 % of
                                                                      the average of the sluice-gate prices applicable for the
                                                                      four quarters to 1 April in each year ;
Whereas the first component must be equal to the diffe­
rence between prices within the Community and on the
world market for the quantity of feed grain determined in             Whereas the levies on the products specified in Article 1
accordance with Article 1 of Council Regulation (EEC)                 (1 ) (a) and (b) of Regulation (EEC) No 2759/75 other than
 No 2764/75 of 29 October 1975 laying down the rules for              pig carcases must be derived from the levy on pig carcases
 calculating a component of the levy on pig carcases (4), as          on the basis of the coefficients fixed for such products
last amended by Regulation (EEC) No 4160/87 (*), the                  pursuant to Article 10 (4) of Regulation (EEC) No
composition whereof is indicated therein ;                            2759/75 in Annex I to Commission Regulation (EEC) No
                                                                      3944/87 of 21 December 1987 fixing coefficients for
                                                                      calculating levies on pigmeat products (7), as last amended
Whereas, pursuant to Article 9 (1 ) (a) of Regulation (EEC)           by Regulation (EEC) No 2242/91 (8) ;
 No 2759/75, for calculating the import levies in the
pigmeat sector, the prices for feed grain within the
 Community are determined once a year for a period of 12              Whereas the levies on the products specified in Article 1
months beginning on 1 July, on the basis of the                       (1 ) (c) of Regulation (EEC) No 2759/75 are made up of
threshold prices and the monthly increases therein ;                  two components ;
whereas, in spite of all the Commission's efforts, the
Council has not fixed the monthly increases for feed
grain before 1 July 1 994 ; whereas, in order to ensure the
continued operation of the levy mechanism in question,                Whereas the first component must be derived from the
                                                                      levy on pig carcases on the basis of the coefficients fixed
                                                                      in Annex II to Regulation (EEC) No 3944/87 ;
(')  OJ  No L  282, 1 . 11 . 1975, p. 1 .
(2)  OJ  No L  129, 11 . 5. 1989, p. 12.
O    OJ  No L  84, 29. 3. 1994, p. 5.                                 (6) OJ No L 1 67, 1 . 7. 1994, p. 70.
(4)  OJ  No L  282, 1 . 11 . 1975, p. 21 .                            0 OJ No L 373, 31 . 12. 1987, p. 25.
(4 OJ No L 392, 31 . 12. 1987, p. 46.                                 (•) OJ No L 204, 27. 7. 1991 , p. 21 .
 ---pagebreak--- 30. 7. 94                              Official Journal of the European Communities                          No L 198/ 125
Whereas the second component must be equal to 7 % ,              Whereas the third amount, which represents overhead
and for products falling within CN codes ex 1602 and ex          costs of production and marketing, shall, in accordance
1902 to 10 % of the average offer prices for imports             with Article 3 (2) of Regulation (EEC) No 2766/75, be
during the 12 months to 1 April ; whereas those averages         ECU 38,69 per 100 kilograms of pig carcases ;
should be determined bearing in mind all the informa­
tion available on imports into the Community from third
countries, taking into account the representative character
of prices ;                                                      Whereas the sluice-gate prices of products referred to in
                                                                 Article 1 of Regulation (EEC) No 2766/75, other than pig
Whereas, in the case of products falling within CN codes         carcases, must be derived from the sluice-gate price for
0206 30 21 ,     0206 30 31 ,     0206 41 91 ,   0206 49 91 ,    pig carcases on the basis of the coefficients laid down by
 1501 00 11 ,  1601 00 10, 1602 10 00, 1602 20 90 and            Regulation (EEC) No 3944/87 ;
 1602 90 10 in respect of which the rate of duty has been
bound under the General Agreement on Tariffs and Trade           Whereas, by Council Regulation (EEC) No 3834/90 of 20
(GATT), the levies must not exceed the amount resulting          December 1990 reducing for 1991 the levies on certain
from that binding ;                                              agricultural products originating in developing countries
                                                                 (3), as last amended by Regulation (EC) No 3668/93 (4),
Whereas for pig carcases and other products referred to in       and Council Regulation (EEC) No 715/90 (*) on the arran­
Article 1 of Council Regulation (EEC) No 2766/75 of 29           gements applicable to agricultural products and certain
October 1975 establishing the list of products for which         goods resulting from the processing of agricultural
sluice-gate prices are to be fixed and laying down the           products originating in the African, Caribbean and Pacific
rules for fixing the sluice-gate price for pig carcases ('), as  States (ACP States), as last amended by Regulation (EC)
last amended by Regulation (EEC) No 3909/87 (2), the             No 235/94 (% special import arrangements were intro­
sluice-gate prices must be fixed in advance for each             duced involving a reduction to 50 % in levies within the
quarter ;                                                        framework of fixed amounts or annual quotas, in parti­
                                                                 cular for certain pigmeat products ;
Whereas the sluice-gate price for pig carcases is made up        Whereas, pursuant to Article 101 (1 ) of Council Decision
of three components ;                                            91 /482/EEC of 25 July 1991 on the association of the
                                                                 overseas countries and territories with the European
                                                                 Economic Community f), no levies shall apply on
Whereas the first component must be equal to the value           imports of products originating in the overseas countries
                                                                 and territories ;
on the world market of the quantity of feed grain equiva­
lent to the quantity of feedingstuffs required for the
production in third countries of one kilogram of pigmeat,        Whereas Council Regulations (EC) No 3491 /93 (8) and
such quantity being composed as provided in Article 2 (1 )       (EC) No 3492/93 (9), on certain procedures for applying
of Regulation (EEC) No 2766/75 ;                                 the Europe Agreement establishing an association
                                                                 between the European Communities and their Member
                                                                 States, of the one part, and the Republics of Hungary and
Whereas the value of that quantity of grain must be deter­       Poland, of the other part, and Council Regulation (EEC)
mined in accordance with Article 2 (2) and (3) of Regula­        No 520/92 of 27 February 1992 on certain rules for
tion (EEC) No 2766/75 ;                                          applying the Interim Agreement on trade and trade­
                                                                 related matters between the European Economic Commu­
                                                                 nity and the European Coal and Steel Community, of the
                                                                 one part, and the Czech and Slovak Federal Republic, of
Whereas the said Article 2 provides that the price for           the other part (10), as amended by Regulation (EEC) No
each cereal on the world market shall be equal to the            2235/93 (u), and in particular Article 1 thereof introduce
average of the cif prices of such cereal ; whereas the cif       arrangements for reducing import levies on certain
prices shall be determined for the period of five months         products ; whereas Commission Regulation (EEC) No
ending one month before the quarter in respect of which          2698/93 (l2), as amended by Regulation (EC) No 3560/
the said amount is calculated ; whereas that period is           93 (13), lays down detailed rules for applying the arrange­
 1 January to 31 May 1994 ;                                      ments provided for in these agreements as regards
                                                                 pigmeat ;
Whereas the second component, which represents the               (3) OJ No L 370, 31 . 12. 1990, p. 121 .
extra cost, in relation to feed grain of feedingstuffs other     (j OJ No L 338, 31 . 12. 1993, p. 22.
than grain required for the production of one kilogram of        0 OJ No L 84, 30. 3. 1990, p. 85.
pigmeat, shall, in accordance with Article 3 (1 ) of Regula­     (j OJ No L 30, 3. 2. 1994, p. 12.
                                                                 f) OJ No L 263, 19. 9. 1991 , p. 1 .
tion (EEC) No 2766/75, be 15 % of the value of the               o OJ No L 319, 21 . 12. 1993, p. 1 .
quantity of feed grain ;                                         0 OJ No L 319, 21 . 12. 1993, p. 4.
                                                                 (,0) OJ No L 56, 29. 2. 1992, p. 9.
                                                                 (") OJ No L 200, 10. 8. 1993, p. 5.
(') OJ No L 282, 1 . 11 . 1975, p. 25.                           (,2) OJ No L 245, 1 . 10. 1993, p. 80.
0 OJ No L 370, 30. 12. 1987, p. 11 .                             (,3) OJ No L 324, 24. 12. 1993, p. 42.
 ---pagebreak---  No L 198/ 126                              Official Journal of the European Communities                               30. 7. 94
 Whereas, in addition, account must be taken of Decision              Whereas the measures provided for in this Regulation are
 94/ 1 /ECSC, EC of the Council and Commission ('),                   in accordance with the opinion of the Management
 concerning the conclusion of the Agreements on the                   Committee for Pigmeat,
 European Economic Area, between the European
 Community, the European Coal and Steel Community
 and their Member States, on the one hand, and Austria,               HAS ADOPTED THIS REGULATION :
 Finland, Iceland, Norway, Sweden and Liechtenstein, on
 the other hand, hereafter referred to as the 'EEA Agree­
                                                                                               Article 1
 ment' ; whereas the Bilateral Agreements on agriculture
 between the Community, on the one hand, and Austria                  1 . During the period 1 August to 30 September 1994,
 and Finland, on the other hand, enter into force at the
                                                                      1994, the sluice-gate prices and levies provided for in
 same time as the EEA Agreement ; whereas Commission                  Articles 12 and 8 respectively of Regulation (EEC) No
 Regulation (EC) No 3580/93 (2) lays down detailed rules              2759/75 for the products referred to in Article 1 (1 )
 for the application of the import arrangements for these             thereof shall be as set out in the Annex hereto.
 products originating in Austria and Finland ;
 Whereas Council Regulations (EC) No 3641 /93 (3) and                 2.    Nevertheless, in the case of products falling within
 (EC) No 3642/93 (4) on certain rules for applying the                CN      codes    0206 30 21 ,   0206 30 31 ,   0206 41 91 ,
 Interim Agreement on trade and trade-related matters                 0206 49 91 ,    1501 00 11 ,    1601 00 10,    160210 00,
 between the European Economic Community and the                      1602 20 90 or 1602 90 10, in respect of which the rate of
 European Coal and Steel Community, of the one part,                  duty has been bound conforming to the general Agree­
 and the Republic of Bulgaria and Romania, of the other               ment on Tariffs and Trade (GATT), the levy shall not
 part ; whereas Commission Regulation (EC) No                         exceed the amount resulting from that binding.
 1590/94 (*) lays down detailed rules for applying the
 arrangements provided for in these agreements as regards
 pigmeat ;                                                                                     Article 2
 Whereas Council Regulation (EC) No 774/94 of 29 March                Regulation (EC) No 1602/94 is repealed.
 1994(6) }jas opened Community tariff quotas for certain
 agricultural products and fixed the levies to be applied on
 imports of those products ; whereas Regulation (EC) No                                        Article 3
 1432/94 0 has established the detailed rules of the import
 regime for pigmeat laid down in Regulation (EC) No
 774/94 :                                                             This Regulation shall enter into force on 1 August 1994.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 29 July 1994.
                                                                               For the Commission
                                                                                  Rene STEICHEN
                                                                           Member of the Commission
  >) OJ  No L  1 , 3.  1 . 1994, p. 1 .
(2)  OJ  No L 326,    28. 12. 1993, p. 16.
(3)  OJ  No L 333,    31 . 12. 1993, p. 16.
(4)  OJ  No L 333,    31 . 12. 1993, p. 17.
O    OJ  No L  167,   1 . 7 . 1994, p. 16.
{*) OJ No L 91 , 8. 4. 1994, p. 1 .
O OJ No L 156, 23. 6. 1994, p. 14.
 ---pagebreak--- 30. 7. 94                    Official Journal of the European Communities                          No L 198/ 127
                                                  ANNEX
          to the Commission Regulation of 29 July 1994 fixing the sluice-gate prices and levies on
                                                  pigmeat
                                                                                    Conventional
                                Sluice-gate price         Amount of levies          rate of duty
                 CN code
                                 (ECU/ 100 kg)            (ECU/100 kg) (3)         bound within
                                                                                     GATT (%)
                0103 91 10             71,09                   36,35                     —
                0103 92 11             60,46                   30,91                     —
                0103 92 19             71,09                   36,35 (4)                 —
                0203 11 10             92,44                  47,26 (4) 0 (6)            —
                0203 12 11           134,04                   68,53 (4) (*) (*)          —
               0203 12 19            1 03,53                  52,94 (4) (*) (6)          —
               0203 19 11            1 03,53                  52,94 (4) (*) (s)          —
               0203 19 13            149,75                   76,57 (4) (*) («) f)       —
               0203 19 15              80,42                  41,12 (4) (*) («)          —
               0203 19 55            149,75                   76,57 (4)(*)(6)            —
               0203 19 59            149,75                   76,57 (4) 0 (6)            —
               0203 21 10              92,44                  47,26 (4) (*) (6)          —
               0203 22 11            134,04                   68,53 (4) Q («)            —
               0203 22 19            103,53                   52,94 (4) (*) (6)          —
               0203 29 11            103,53                   52,94 (4) 0 («)            —
               0203 29 13            149,75                   76,57 (') (4) 0 0          —
               0203 29 15              80,42                  41,12 (4)(*) (6)Q          —
               0203 29 55            149,75                   76,57 (') (4) 0 0          —
               0203 29 59            149,75                   76,57 (4) (*) («)          —
               0206 30 21            111,85                   57,19                       7
               0206 30 31              81,35                  41,59                       4
               0206 41 91            111,85                   57,19                       7
               0206 49 91              81,35                  41,59                       4
               0209 00 11              36,98                  18,91                      —
               0209 00 19              40,67                  20,80                      —
               0209 00 30              22,19                  11,34                      —
               021 0 1 1 1 1         1 34,04                  68,53 (') (4)              —
               0210 11 19            103,53                   52,94 (4)                  —
               0210 11 31           260,68                   133,29 00                   —
               0210 11 39           205,22                   104,93 (4)                 —
               0210 1211               80,42                  41,12 (') (4)              —
               0210 12 19            134,04                   68,53 (4)Q                —
               0210 19 10           118,32                    60,50 (4)                 —
               0210 19 20           129,42                    66,17 (4)                 —
               0210 19 30           103,53                    52,94 (4)                 —
               0210 19 40           149,75                    76,57 (')(4)              —
               0210 19 51           149,75                    76,57 (4)                 —
               0210 1 9 59          149,75                    76,57 (4)                 —
               0210 19 60           205,22                   104,93 (4)                 —
               0210 19 70           257,91                   131,87 (4)                 —
               0210 19 81           260,68                   133,29 (4)0                —
               0210 19 89           260,68                   133,29 (4)                 —
               0210  90  31         111,85                    57,19                     —
               0210 90   39           81,34                   41,59                     —
               1501 00   11           29,58                   15,12                       3
               1501 00   19           29,58                   15,12                     —
               1601 00 10           129,42                   104,01 (2)                 24
 ---pagebreak--- No L 198 / 128                             Official Journal of the European Communities                                          30 . 7. 94
                                                                                                              Conventional
                         CN code               Sluice-gate price             Amount of levies                  rate of duty
                                                (ECU/ 100 kg)                 (ECU/ 100 kg) (3)               bound within
                                                                                                                GATT (%)
                       1601 00 91                   217,23                        1 53,38 (') (2) (4) (6)           —
                       1601 00 99                   147,90                          99,21 (') (2) (4) 0 (6)         —
                       1602 10 00                   103,53                          57,07                           26
                       1602 20 90                   120,17                          91,30                           25
                       1602 41 10                   226,48                        1 59,96 (4)(6)                    —
                       1602 42 10                   189,50                        1 24,75 (4)(6)                    —
                       1 602 49 1 1                 226,48                        1 63,89 (4) (6)                   —
                       1 602 49 1 3                 1 89,50                       1 21 ,49 (4) (6)                  —
                       1 602 49 1 5                 1 89,50                       1 1 7,47 (') (4) (6)              —
                       1 602 49 1 9                 1 24,79                         83,05 (') (4) (6)               —
                       1602 49 30                   103,53                          70,43 (4)(6)                    —
                       1602 49 50                     61,93                         59,55 (4)(6)                    —
                       1602 90 10                   120,17                          82,71                           26
                       1602 90 51                   124,79                          80,09                           —
                       1902 20 30                     61,93                         51,07                           —
               (') The levy on products originating in the developing countries and listed in the Annex to Regulation (EEC)
                   No 3834/90 is reduced by 50 % within the limits of the fixed amounts referred to in that Annex.
               (2) The levy on products originating in the ACP/OCT and listed in Article 8 of amended Regulation (EEC) No
                   715/90 reduced by 50 % within the limits of the quotas referred to in that Regulation.
               (3) No levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.
               (4) For products imported from Poland, Hungary and the Czech and Slovak Republics, the levy applicable is
                   restricted within the conditions provided for in Regulation (EEC) No 2698/93.
               0 For products imported from Austria or Finland, the levy applicable is restricted within the conditions provided
                   for in Regulation (EC) No 3580/93.
               (6) For products imported from Bulgaria and Romania, the levy applicable is restricted within the conditions
                   provided for in Regulation (EC) No 1590/94.
               Q For these imported products, the levy applicable is restricted within the conditions provided for in Council
                   Regulation (EC) No 774/94.
               NB : The CN codes and the footnotes are defined in amended Commission Regulation (EEC)
                       No 2658/87.