CELEX: 31994R1951
Language: en
Date: 1994-07-30 00:00:00
Title: Commission Regulation (EC) No 1951/94 of 29 July 1994 fixing the import levies on live cattle and on beef and veal other than frozen

30 . 7. 94                           Official Journal of the European Communities                              No L 198/69
                                    COMMISSION REGULATION (EC) No 1951/94
                                                       of 29 July 1994
                      fixing the import levies on live cattle and on beef and veal other than frozen
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      (d) 0 % where the market price is more than 106 % of
                                                                      the guide price ;
  Having regard to the Treaty establishing the European
 Community,                                                       Whereas if it is found that the price of adult bovine
                                                                  animals on representative Community markets is equal to
                                                                  or less than the guide price, the levy applicable equals the
                                                                  following percentage of the basic levy :
  Having regard to Council Regulation (EEC) No 805/68 of
  27 June 1968 on the common organization of the market
 in beef and veal ('), as last amended by Regulation (EC)         (a) 100 % where the market price is more than or equal
  No 1884/94 (2), and in particular Article 12 (8) thereof,           to 98 % of the guide price ;
                                                                  (b) 105 % where the market price is less than 98 % and
                                                                      more than or equal to 96 % of the guide price ;
 Whereas, pursuant to Article 9 of Regulation (EEC) No
 805/68 , a levy is applicable to the products specified in       (c) 110 % where the market price is less than 96 % and
 Article 1 (1 ) (a) of that Regulation ; whereas Article 12           more than or equal to 90 % of the guide price ;
 fixes the amount of the levy applicable by reference to a
 percentage of the basic levy ;                                   (d) 114 % where the market price is less than 90 % of
                                                                      the guide price ;
 Whereas in respect of bovine animals the basic levy is
 determined on the basis of the difference between the            Whereas pursuant to Article 10 (4) of Regulation (EEC)
 guide price and the Community free-at-frontier offer             No 805/68 the basic levy on the meat specified in
 price plus the amount of the customs duty ; whereas the          sections (a), (c) and (d) of the Annex hereto is equal to the
 Community free-at-frontier offer price is determined in          basic levy determined for bovine animals, multiplied by a
 the light of the most representative purchasing possibili­       standard coefficient fixed for each of the products in
 ties, as regards quality and quantity, recorded over a           question ; whereas these coefficients are fixed by
 certain period for bovine animals and for the fresh or           Commission Regulation (EEC) No 586/77 of 18 March
 chilled meat specified in section (a) of the Annex to the        1977 laying down rules for the application of levies on
 said Regulation under CN codes 0201 10 00, 0201 10 90,          beef and veal and amending Regulation (EEC) No 9S0/68
 0201 20 20 to 0201 20 50, account being taken in parti­          on the Common Customs Tariff (3), as last amended by
 cular of the position with respect to supply and demand,         Regulation (EEC) No 3661 /92 (4) ;
 of world market prices for frozen meat of a category
 which is competitive with fresh or chilled meat and of
 past experience ;
                                                                 Whereas the prices for adult bovine animals for the
                                                                  1994/95 marketing year have been fixed by Council
                                                                 Regulation (EC) No 1885/94 Q ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is higher
 than the guide price, the levy applicable equals the fol­
lowing percentage of the basic levy :                            Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                 basic levy is to be calculated according to the method set
                                                                 out in its Article 3 and on the basis of all the representa­
(a) 75 % where the market price is less than or equal to         tive free-at-frontier offer prices of the Community deter­
      102 % of the guide price ;                                 mined for the products of each of the categories and cuts
                                                                 specified in Article 2 and established principally by
(b) 50 % where the market price is more than 102 % and           reference to the prices specified in the customs docu­
      less than or equal to 104 % of the guide price ;           ments accompanying products imported from third coun­
                                                                 tries or from other information concerning export prices
(c) 25 % where the market price is more than 104 % and           obtaining in those third countries ;
      less than or equal to 106% of the guide price ;
                                                                 (3) OJ No L 75, 23 . 3 . 1977, p. 10.
(') OJ No L 148, 28. 6. 1968, p. 24.                             (4) OJ No L 370, 19. 12. 1992, p. 16.
0 OJ No L 197, 30. 7. 1994, p. 27.                               0 OJ No L 197, 30. 7. 1994, p. 29.
 ---pagebreak---  No L 198 /70                             Official Journal of the European Communities                                 30 . 7. 94
 Whereas, however, offer prices that do not correspond to           offer price determined in accordance with Article 10 (2) of
 real purchasing possibilities or that relate to unrepresenta­      Regulation (EEC) No 805/68 ;
 tive quantities should not be taken into account ; offer
 prices should also be excluded when the movement of
 prices in general or the information available suggests that       Whereas if the average price differs by less than ECU 0,60
 they are unrepresentative of the true trend of prices in the       per 100 kilograms of live weight from that previously
 country of origin ;                                                used to calculate the levy, the latter may be retained ;
 Whereas in cases where for one or more categories of               Whereas in cases where one or more of the abovemen­
 bovine animals or cuts of meat a free-at-frontier offer            tioned third countries adopt, for reasons of health for
 price cannot be established, the most recent available             example, measures affecting the prices recorded on their
 price should be used for the calculation ;                         markets, the Commission may use the latest prices
                                                                    recorded before the entry into force of such measures ;
 Whereas if the free-at-frontier offer price differs by less
 than ECU 0,60 per 100 kilograms of live weight from that           Whereas pursuant to Article 12 (6) of Regulation (EEC)
 previously used for the calculation of the levy, the latter        No 805/68 the price of adult bovine animals on represen­
 price should be retained ;                                         tative Community markets is the price established on the
                                                                    basis of prices recorded over a period to be determined on
 Whereas pursuant to Article 10 (3) of Regulation (EEC)             the representative market or markets of each Member
 No 805/68 a special basic levy is determined for certain           State in respect of the various categories of adult bovine
 third countries on the basis of the difference between the         animals or of meat from such animals, after taking into
guide price and the average price recorded over a certain           account the size of each of these categories and the rela­
                                                                    tive size of the bovine herd of each Member State ;
 period plus the amount of the customs duty ;
 Whereas Commission Regulation (EEC) No 611 /77 ('), as             Whereas the representative markets, categories and quali­
 last amended by Regulation (EEC) No 1049/92 (2),                   ties of products and weighting coefficients are fixed in
 provides that the special levy on products originating in          Annex II to Commission Regulation (EEC) No 610/77 of
 and coming from Austria, Sweden and Switzerland should              18 March 1977 on the determination of prices of adult
 be determined on the basis of the weighted average of the          bovine animals on representative Community markets
 prices of adult bovine animals recorded on the representa­         and the survey of prices of certain other cattle in the
 tive markets of those third countries ; whereas the                Community (10), as last amended by Regulation (EC) No
weighting coefficients and representative markets are                1155/94 (»);
 specified in the Annexes to Regulation (EEC) No 611 /77 ;
                                                                    Whereas, for Member States with several representative
Whereas Council Decision 92/232/EEC of 1 October                    markets, the price of each category and quality is equal to
 1991 on the conclusion of an Agreement in the form of              the arithmetic mean of the prices recorded on each of
 an exchange of letters between the European Economic               those markets ; whereas, for representative markets held
 Community and the Republic of Austria concerning the               several times in one period of seven days, the price of
 adjustment of the Community import arrangements                    each category and quality is equal to the arithmetic mean
 applicable to certain beef and veal sector products origi­         of the prices recorded on each market day ; whereas in
 nating in Austria (3) lays down new provisions on prefe­           respect of Italy the price of each category and quantity is
 rential imports under a separate tariff quota ; whereas this       equal to the average, weighted by the special weighting
 must be taken into account when the levies are fixed ;             coefficients fixed in Annex II to Regulation (EEC) No
                                                                    610/77, of the prices recorded in the surplus and deficit
                                                                    zones ; whereas the price recorded in the surplus zone is
Whereas the levy is not collected in respect of imports             equal to the arithmetic mean of the prices recorded on
 under the quotas opened by Council Regulations (EC) No             each of the markets within that zone ; whereas in respect
 129/94 (4), (EC) No 774/94 0 and (EC) No 775/94 (6) and            of the United Kingdom the weighted average prices of
 Commission Regulations (EC) No 212/94 Q, (EC) No                   adult bovine animals recorded on the representative
957/94 (8) and (EC) No 1001 /94 (9) ;                               markets of Great Britain on the one hand and Northern
                                                                    Ireland on the other are adjusted by the coefficient fixed
Whereas the average price is not to be used for calcula­            in the abovementioned Annex II ;
 ting the special levy unless it is at least ECU 1,21 per 100
kilograms of live weight more than the free-at-frontier
                                                                    Whereas prices for the different categories and qualities
                                                                    not obtained from prices which are 'live weight excluding
(') OJ  No   L 77, 25. 3. 1977, p. 14.                              tax' are multiplied by the live weight conversion coeffi­
(2) OJ  No   L 111 , 29. 4. 1992, p. 7.
(3) OJ  No   L 111 , 29. 4. 1992, p. 16.                            cients fixed in Annex II to the said Regulation and, in the
0   OJ  No   L 22, 27. 1 . 1994, p. 1 .                             case of Italy, are first increased or reduced by the correc­
0   OJ  No   L 91 , 8. 4. 1994, p. 1 .                              tive amounts fixed in the said Annex ;
(") OJ  No   L 91 , 8. 4. 1994, p. 4.
o   OJ  No   L 27, 1 . 2. 1994, p. 38 .
(8) OJ  No   L 108, 29. 4. 1994, p. 13.                             H OJ No L 77, 25. 3. 1977, p. 1 .
0   OJ  No   L 111 , 30. 4. 1994, p. 70.                            (") OJ No L 129, 21 . 5. 1994, p. 5.
 ---pagebreak--- 30. 7. 94                               Official Journal of the European Communities                              No L 198/71
Whereas if one or more Member States, for veterinary or           products originating in the African, Caribbean and Pacific
health reasons for example, adopt measures affecting the          States ;
normal trend of prices recorded on their markets the
Commission may disregard the prices recorded on the               Whereas Council Regulations (EC) No 3491 /93 (") and
market or markets in question, or use the latest prices           (EC) No 3492/93 (9), on certain procedures for applying
recorded on the market or markets in question before the          the Europe Agreement establishing an association
entry into force of such measures ;                               between the European Communities and their Member
                                                                  States, of the one part, and the Republics of Hungary and
Whereas, in the absence of information, prices recorded           Poland, of the other part, and Council Regulation (EEC)
on representative Community markets are determined                No 520/92 of 27 February 1992 on certain rules for
mainly by reference to the most recently recorded prices ;        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
Whereas for such period as the price of adult bovine              one part, and the Czech and Slovak Federal Republic, of
animals recorded on representative Community markets              the other part (10), as amended by Regulation (EEC) No
differs by less than ECU 0,24 per 100 kilograms of live           2235/93 ("), and in particular Article 1 thereof introduce
weight from the price previously used, the latter is              arrangements for reducing import levies on certain
retained ;                                                        products ; whereas Commission Regulation (EC) No
                                                                   1390/94 (u), lays down detailed rules for applying the
                                                                  import arrangements provided for in these agreements as
Whereas the levies must be so fixed that obligations              regards beef ;
arising from international agreements concluded by the
Community continue to be fulfilled ; whereas the levies           Whereas Council Regulations (EC) No 3641 /93 (13) and
fixed must be consistent with interim agreements entered          (EC) No 3642/93 (14) on certain rules for applying the
into by the Community ; whereas account should also be
                                                                  Interim Agreement on trade and trade-related matters
taken of Council Regulation (EC) No 3698/93 of 22                 between the European Economic Community and the
December 1993 concerning the arrangements applicable              European Coal and Steel Community, of the one part,
to the import into the Community of products origina­             and the Republic of Bulgaria and Romania, of the other
ting in the Republics of Bosnia-Herzegovina, Croatia and          part ; whereas Commission Regulation (EC) No 1389/
Slovenia and the former Yugoslav Republic of Macedo­              94 (1S), as amended by Regulation (EC) No 1850/94 (16),
nia ('), which provides for reductions in the levies on           lays down detailed rules for applying the arrangements
certain products of the beef and veal sector imported into        provided for in these agreements as regards beef ;
the Community ; whereas Commission Regulation (EC)
No 250/94 (2) establishes detailed rules for the importa­
tion of these products ;                                          Whereas, pursuant to Article 101 (1 ) of Council Decision
                                                                  91 /482/EEC of 25 July 1991 on the association of the
                                                                  overseas countries and territories with the European
Whereas, in addition, account must be taken of Decision           Economic Community (17) no levies shall apply on
94/ 1 /ECSC, EC of the Council and Commission (3),                imports of products originating in the overseas countries
concerning the conclusion of the Agreements on the                and territories ;
European Economic Area, between the European
Community, the European Coal and Steel Community                  Whereas the various cuts of beef and veal are defined in
and their Member States, on the one hand, and Austria,            Regulation (EEC) No 586/77 ;
Finland, Iceland, Norway, Sweden and Liechtenstein, on
the other hand, hereafter referred to as the 'EEA Agree­
ment' ; whereas the Bilateral Agreements on agriculture           Whereas, pursuant to Article 33 (2) of Regulation (EEC)
between the Community, on the one hand, and Austria               No 805/68, the nomenclature provided for in this Regula­
and Finland, on the other hand, enter into force at the           tion is incorporated in the combined nomenclature ;
same time as the EEA Agreement ; whereas Commission
Regulation (EC) No 266/94 (4), as amended by Regulation           Whereas the levies and special levies are fixed before the
(EC) No 394/94 (*), lays down for 1994 detailed rules for         27th day of each month and are applicable from the first
the application of the import arrangements for these              Monday of the following month ; whereas these levies
products originating in Sweden ;                                  may be altered in the period between two fixings where
                                                                  the basic levy or special basic levy is altered, or in the case
Whereas Council Regulation (EEC) No 715/90 (®), as last           of changes in the prices recorded on Community repre­
amended by Regulation (EC) No 235/94 Q, lays down the             sentative markets ;
arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural       (8) OJ No L 319, 21 . 12. 1993, p. 1 .
                                                                  O OJ No L 319, 21 . 12. 1993, p. 4.
                                                                  (,0) OJ No L 56, 29. 2. 1992, p. 9.
(') OJ  No L 344, 31 . 12. 1993, p. 1 .                           (ll) OJ No L 200, 10. 8. 1993, p. 5.
O   OJ  No L 31 , 4. 2. 1994, p. 8.                               (12) OJ No L 152, 18. 6. 1994, p. 20.
O   OJ  No L  1 , 3. 1 . 1994, p. 1 .                             (13) OJ No L 333, 31 . 12. 1993, p. 16.
O   OJ  No L 32, 5. 2. 1994, p. 9.                                (u) OJ No L 333, 31 . 12. 1993, p. 17.
O   OJ  No L 53, 24. 2. 1994, p. 13.                              H OJ No L 152, 18. 6. 1994, p. 20.
O   OJ  No L 84, 30. 3. 1990, p. 85.                              H OJ No L 192, 28. 7. 1994, p. 24.
O   OJ  No L 30, 3. 2. 1994, p. 12.                               C7) OJ No L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak---  No L 198 /72                            Official Journal of the European Communities                              30 . 7. 94
 Whereas the representative market rates defined in Article        HAS ADOPTED THIS REGULATION :
 1 of Council Regulation (EEC) No 3813/92 0, as
 amended by Regulation (EC) No 3528/93 (2), are used to
 convert amounts expressed in third country currencies
                                                                                           Article 1
 and are used as the basis for determining the agricultural
 conversion rates of the Member States' currencies ;
 whereas detailed rules on the application and determina­          The import levies on live cattle and beef and veal other
 tion of these conversions were set by Commission Regu­            than frozen meat shall be as set out in the Annex to the
 lation (EEC) No 1068/93 (3), amended by Regulation (EC)           present Regulation.
 No 547/94 (4) ;
 Whereas, having regard to the provisions of the aforemen­
 tioned Regulation, and in particular to the information                                   Article 2
 and quotations known to the Commission, the levies on
 live cattle and beef and veal other than frozen meat
 should be as set out in the Annex hereto,                         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 387, 31 . 12. 1992, p. 1 .
(2) OJ  No  L 320, 22. 12. 1993, p. 32.
(3) OJ  No  L 108, 1 . 5. 1993, p. 106.
(*) OJ  No  L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- 30. 7. 94                                        Official Journal of the European Communities                                              No L 198/73
                                                                          ANNEX
                       to the Commission Regulation of 29 July 1994 fixing die import levies on live cattle and on
                                                           beef and veal other than frozen
                                                                                                                                                (ECU/100 kg)
                                        Croatia / Slovenia /
             CN code                    Bosnia-Herzegovina /                Austria (4)             Sweden/Switzerland        Other third countries (2)
                                          Former Yugoslav
                                      Republic of Macedonia (3)
                                                                                        — Live weight —
            0102 90 05                           —                            17,086                      2,837                      131,433 (*)
            0102 90 21                           —                            17,086                      2,837                      131,433 (')
           •0102 90 29                           —                            17,086                      2,837                      131,433 (l)
            0102 90 41                           —                            17,086                      2,837                      131,433 0 0
            0102 90 49                           —                            17,086                      2,837                      131,433 (')O
            0102 90 51                         23,058                         17,086                      2,837                      131,433 (')
            0102 90 59                         23,058                         17,086                      2,837                      131,433 (')
            0102 90 61                           —                            17,086                      2,837                      131,433 (')
            01029069                             —                            17,086                      2,837                      131,433 c)
            0102 90 71                         23,058                         17,086                      2,837                      131,433 (')
            0102 90 79                         23,058                         17,086                      2,837                      131,433 (')
                                                                                        — Net weight —
            0201 10 00                         43,811                        32,464                       5,391 0                 249,723 (') 0
            0201 20 20                         43,811                        32,464                       5,391 0                 249,723 00
            0201 20 30                         35,049                        25,971                       4,313 0                 1 99,778 (')O
            0201 20 50                         52,573                        38,957                       6,470 0                 299,667 (') 0
            0201 20 90                           —                           48,696                       8,087 0                 374,583 (') 0
            0201 30 00                           —                           55,701                       9,250 0                 428,471 (') 00
            0206 10 95                           —                           55,701                       9,250                   428,471 00
            0210 20 10                           —                           48,696                       8,087                   374,583
            0210 20 90                           —                           55,701                       9,250                   428,471
            0210 90 41                           —                           55,701                       9,250                   428,471
            0210 90 90                           —                            55,701                      9,250                   428,471
            1602 50 10                           —                           55,701                       9,250                   428,471
            1602 90 61                           —                           55,701                       9,250                   428,471
(') 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) This levy is applicable only to products complying with the provisions of Commission Regulation (EC) No 250/94.
(4) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and Austria (OJ No L 1 1 1 , 29. 4. 1992, p. 21 ).
    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, the Slovak Republic, Bulgaria and Romania and the Community, and in respect of which EUR.l 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.
(6) 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.
(^ The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 346, 31 . 12. 1993, p. 36) and Regulation (EC)
    No 266/94.
(s) For imported products falling within these codes, the levy applicable is restricted within the conditions provided for in Council Regulations (EC)
    No 129/94, (EC) No 774/94, (EC) No 775/94 and Commission Regulations (EC) No 212/94, (EC) No 957/94 and (EC) No 1001 /94.