CELEX: 31993R0172
Language: en
Date: 1993-01-30 00:00:00
Title: Commission Regulation (EEC) No 172/93 of 29 January 1993 fixing the import levies on live cattle and on beef and veal other than frozen

30. 1 . 93                            Official Journal of the European Communities                               No L 22/29
                                    COMMISSION REGULATION (EEC) No 172/93
                                                     of 29 January 1993
                      fixing the import levies on live cattle and on beef and veal other than frozen
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      or less than the guide price, the levy applicable equals the
                                                                  following percentage of the basic levy :
 Having regard to the Treaty establishing the European
 Economic Community,                                              (a) 100 % where the market price is more than or equal
                                                                      to 98 % of the guide price ;
 Having regard to Council Regulation (EEC) No 805/68 of           (b) 105 % where the market price is less than 98 % and
 27 June 1968 on the common organization of the market                more than or equal to 96 % of the guide price ;
 in beef and veal ('), as last amended by Regulation (EEC)
 No 125/93 (2), and in particular Article 12 (8) thereof,
                                                                 (c) 110 % where the market price is less than 96 % and
                                                                      more than or equal to 90 % of the guide price ;
                                                                 (d) 114 % where the market price is less than 90 % of
Whereas under Article 9 of Regulation (EEC) No 805/68                 the guide price ;
 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 percen­
 tage of the basic levy ;                                         whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                  No 805/68 the basic levy on the meat specified in
                                                                  sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is           basic levy determined for bovine animals, multiplied by a
 determined on the basis of the difference between the           standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer              question ; whereas these coefficients are fixed by
price plus the amount of the customs duty ; whereas the           Commission Regulation (EEC) No 586/77 of 18 March
 Community free-at-frontier offer price is determined in          1977 laying down rules for the application of levies on
the light of the most representative purchasing possibili­       beef and veal and amending Regulation (EEC) No 950/68
 ties, as regards quality and quantity, recorded over a          on the Common Customs Tariff (3), as last amended by
 certain period for bovine animals and for the fresh or          Regulation (EEC) No 3661 /92 (4);
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 00, 0201 10 90,
0201 20 20 to 0201 20 50, account being taken in parti­          Whereas the guide prices for adult bovine animals for the
cular of the position with respect to supply and demand,          1992/93 marketing year were fixed by Council Regulation
of world market prices for frozen meat of a category             (EEC) No 1377/92 0 ;
which is competitive with fresh or chilled meat and of
past experience ;
                                                                 Whereas Regulation (EEC) No 586/77 stipulates that the
Whereas if it is found that the price of adult bovine            basic levy is to be calculated according to the method set
animals on representative Community markets is higher            out in its Article 3 and on the basis of all the representa­
than the guide price, the levy applicable equals the follo­      tive free-at-frontier offer prices of the Community deter­
wing percentage of the basic levy :                              mined for the products of each of the categories and cuts
                                                                 specified in Article 2 and established principally by
(a) 75 % where the market price is less than or equal to         reference to the prices specified in the customs docu­
                                                                 ments accompanying products imported from third coun­
      102 % of the guide price ;
                                                                 tries or from other information concerning export prices
(b) 50 % where the market price is more than 102 % and           obtaining in those third countries ;
     less than or equal to 104 % of the guide price ;
(c) 25 % where the market price is more than 104 % and
     less than or equal to 106 % of the guide price ;            Whereas, however, offer prices that do not correspond to
                                                                 real purchasing possibilities or that relate to unrepresenta­
(d) 0 % where the market price is more than 106 % of             tive quantities should not be taken into account ;
     the guide price ;                                           whereas offer prices should also be excluded when the
                                                                 movement of prices in general or the information avai­
                                                                 lable suggests that they are unrepresentative of the true
Whereas if it is found that the price of adult bovine            trend of prices in the country of origin ;
animals on representative Community markets is equal to
                                                                 (3) OJ No L 75, 23. 3. 1 977, p. 10.
(') OJ No L 148, 28. 6. 1968, p. 24.                             (4) OJ No L 370, 19. 12. 1992, p. 16.
O OJ No L 18, 27. 1 . 1993, p. 1 .                               O OJ No L 147, 29. 5. 1992, p. 6.
 ---pagebreak--- No L 22/30                               Official Journal of the European Communities                                 30 . 1 . 93
Whereas in cases where for one or more categories of               basis of prices recorded over a period to be determined on
bovine animals or cuts of meat a free-at-frontier offer            the representative market or markets of each Member
price cannot be established, the most recent available             State in respect of the various categories of adult bovine
price should be used for the calculation ;                         animals or of meat from such animals, after taking into
                                                                   account the size of each of these categories and the rela­
                                                                    tive size of the bovine herd of each Member State :
Whereas if the free-at-frontier offer price differs by less
than ECU 0,60 per 100 kilograms of live weight from that
previously used for the calculation of the levy, the latter
price should be retained ;                                         Whereas the representative markets, categories and quali­
                                                                   ties of products and weighting coefficients are fixed in
                                                                   Annex II to Commission Regulation (EEC) No 610/77 of
Whereas pursuant to Article 10 (3) of Regulation (EEC)              18 March 1977 on the determination of prices of adult
No 805/68 a special basic levy is determined for certain           bovine animals on representative Community markets
third countries on the basis of the difference between the         and the survey of prices of certain other cattle in the
guide price and the average price recorded over a certain          Community (4), as last amended by Regulation (EEC) No
period plus the amount of the customs duty ;                        1615/92 0 ;
Whereas Commission Regulation (EEC) No 611 /77 ('), as
                                                                   Whereas, for Member States with several representative
last amended by Regulation (EEC) No 1049/92 (2),
provides that the special levy on products originating in          markets, the price of each category and quality is equal to
and coming from Austria, Sweden and Switzerland should             the arithmetic mean of the prices recorded on each of
                                                                   those markets ; whereas, for representative markets held
be determined on the basis of the weighted average of the
prices of adult bovine animals recorded on the representa­         several times in one period of seven days, the price of
tive markets of those third countries ; whereas the                each category and quality is equal to the arithmetic mean
weighting coefficients and representative markets are              of the prices recorded on each market day ; whereas in
specified in the Annexes to Regulation (EEC) No 611 /77 ;          respect of Italy the price of each category and quantity is
                                                                   equal to the average, weighted by the special weighting
                                                                   coefficients fixed in Annex II to Regulation (EEC) No
Whereas Council Decision 92/232/EEC of 1 October                   610/77, of the prices recorded in the surplus and deficit
1991 on the conclusion of an Agreement in the form of              zones ; whereas the price recorded in the surplus zone is
an exchange of letters between the European Economic               equal to the arithmetic mean of the prices recorded on
Community and the Republic of Austria concerning the               each of the markets within that zone ; whereas in respect
adjustment of the Community import arrangements                    of the United Kingdom the weighted average prices of
applicable to certain beef and veal sector products origi­         adult bovine animals recorded on the representative
nating in Austria (3) lays down new provisions on prefe­           markets of Great Britain on the one hand and Northern
rential imports under a separate tariff quota ; whereas this       Ireland on the other are adjusted by the coefficient fixed
must be taken into account when the levies are fixed ;             in the abovementioned Annex II ;
Whereas the average price is not to be used for calcula­           Whereas prices for the different categories and qualities
ting the special levy unless it is at least ECU 1,21 per 100       not obtained from prices which are 'live weight excluding
kilograms of live weight more than the free-at-frontier            tax' are multiplied by the live weight conversion coeffi­
offer price determined in accordance with Article 10 (2) of        cients fixed in Annex II to the said Regulation and, in the
Regulation (EEC) No 805/68 ;                                       case of Italy, are first increased or reduced by the correc­
                                                                   tive amounts fixed in the said Annex ;
Whereas if the average price differs by less than ECU 0,60
per 100 kilograms of live weight from that previously
used to calculate the levy, the latter may be retained ;           Whereas if one or more Member States, for veterinary or
                                                                   health reasons for example, adopt measures affecting the
Whereas in cases where one or more of the abovemen­
                                                                   normal trend of prices recorded on their markets the
                                                                   Commission may disregard the prices recorded on the
tioned third countries adopt, for reasons of health for            market or markets in question, or use the latest prices
example, measures affecting the prices recorded on their           recorded on the market or markets in question before the
markets, the Commission may use the latest prices                  entry into force of such measures ;
recorded before the entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­           Whereas, in the absence of information, prices recorded
tative Community markets is the price established on the           on representative Community markets are determined
                                                                   mainly by reference to the most recently recorded prices ;
(') OJ No L 77, 25. 3. 1977, p. 14.
(2) OJ No L 111 , 29. 4. 1992, p. 7.                               (4) OJ No L 77, 25. 3. 1977, p. 1 .
(3 OJ No L 111 , 29. 4. 1992, p. 16.                               M OJ No L 170, 25. 6. 1992, p. 16.
 ---pagebreak---  30 . 1 . 93                               Official Journal of the European Communities                                No L 22/31
 Whereas for such period as the price of adult bovine                 tion (EEC) No 3589/92 (6) lays down detailed rules for
 animals recorded on representative Community markets                 applying the arrangements provided for in these agree­
 differs by less than ECU 0,24 per 100 kilograms of live              ments in regards beef ;
weight from the price previously used, the latter is
 retained ;                                                           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
                                                                      Economic Community Q, no levies shall apply on
Whereas the levies must be so fixed that obligations                  imports of products originating in the overseas countries
 arising from international agreements concluded by the               and territories ; Whereas the various cuts of beef and veal
 Community continue to be fulfilled ; whereas the levies
 fixed must be consistent with international agreements
entered into by the Community ; whereas account should                are defined in Regulation (EEC) No 586/77 ;
also be taken of Council Regulation (EEC) No 3953/92 of
21 December 1992 concerning the arrangements appli­                  Whereas, pursuant to Article 33 (2) of Regulation (EEC)
cable to the import into the Community of products                    No 805/68, the nomenclature provided for in this Regula­
 originating in the Republics of Bosnia-Herzegovina,                 tion is incorporated in the combined nomenclature ;
 Croatia and Slovenia and the former Yugoslav Republic of
Macedonia, which provides for reductions in the levies on            Whereas the levies and special levies are fixed before the
certain products of the beef and veal sector imported into           27th day of each month and are applicable from the first
the Community ; whereas Commission Regulation (EEC)                  Monday of the following month ; whereas these levies
 No 185/93 establishes detailed rules for the importation            may be altered in the period between two fixings where
of these products ;                                                  the basic levy or special basic levy is altered, or in the case
                                                                     of changes in the prices recorded on Community repre­
                                                                     sentative markets ;
Whereas declarations have been submitted by both the
Czech Republic and the Slovak Republic informing the                 Whereas the representative market rates defined in Article
Communities that both the Czech Republic and the                      1 of Council Regulation (EEC) No 3813/92 (8) are used to
Slovak Republic continue to assume all the obligations               convert amounts expressed in third country currencies
deriving, inter alia, from the Interim Agreement between             and are used as the basis for determining the agricultural
the Communities and the Czech and Slovak Federal                     conversion rates of the Member States' currencies ;
Republic upon the dissolution of the latter on 31                    whereas detailed rules on the application and determina­
December 1992 and in consequence the concession                      tion of these conversions were set by Commission Regu­
provided in the Interim Agreement should be accorded                 lation (EEC) No 3819/92 (9);
without distinction to products originating in the Czech
Republic or in the Slovak Republic ;                                 Whereas, having regard to the provisions of the aforemen­
                                                                     tioned Regulation, and in particular to the information
                                                                     and quotations known to the Commission, the levies on
                                                                     live cattle and beef and veal other than frozen meat
Whereas Council Regulation (EEC) No 715/90 ('), as last              should be as set out in the Annex hereto,
amended by Regulation (EEC) No 297/91 (2) lays down
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural
products originating in the African, Caribbean and Pacific
States ;                                                             HAS ADOPTED THIS REGULATION :
                                                                                                  Article 1
Whereas Council Regulations (EEC) No 51 8/92 (3), (EEC)
No 519/92 (4) and (EEC) No 520/92 0 of 27 February
1992 on certain procedures for applying the Interim                  The import levies on live cattle and beef and veal other
                                                                     than frozen meat shall be as set out in the Annex to the
Agreements on trade and trade-related matters between
the European Economic Community and the European                     present Regulation.
Coal and Steel Community, of the one part, and the
Republic of Poland, the Republic of Hungary and the
Czech and Slovak Federal Republic respectively, of the                                            Article 2
other part, introduce arrangements for reducing import
levies on certain products ; whereas Commission Regula­
                                                                     This Regulation shall enter into force on 1 February 1993.
(') See  page 70 of this Official Journal.
0   OJ   No L 84, 30. 3. 1990, p. 85.                                (6) OJ No   L  56, 29. 2. 1992, p. 9.
0   OJ   No L 36, 8. 2. 1991 , p. 9.                                 O   OJ No   L  364, 12. 12. 1992, p. 28 ,
(4) OJ   No L 56, 29. 2. 1992, p. 3.                                 O   OJ  No  L  263, 19. 9. 1991 , p. 1 .
O   OJ   No L 56, 29. 2. 1992, p. 6.                                 O   OJ  No  L  387, 31 . 12. 1992, p. 1 .
 ---pagebreak---  No L 22/32                                      Official Journal of the European Communities                                                      30 . 1 . 93
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 29 January 1993.
                                                                                               For the Commission
                                                                                                 Rene STEICHEN
                                                                                          Member of the Commission
                                                                           ANNEX
                       to the Commission Regulation of 29 January 1993 fixing the 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 (l)
                                          former Yugoslav
                                      Republic of Macedonia (')
                                                                                        — Live weight —
            0102 90 05                           —                            17,469                       34,829                    134,374 (')
            0102 90 21                           —                            17,469                       34,829                    134,374 (')
            0102 90 29                           —                            17,469                       34,829                    1 34,374 (')
            0102 90 41                           —                            17,469                       34,829                    134,374 (')
            0102 90 49                           —                            17,469                       34,829                    1 34,374 (')
            0102 90 51                         23,574                         17,469                       34,829                    134,374 (')
            0102 90 59                         23,574                         17,469                   •   34,829                    134,374 (')
            0102 90 61                           —                            17,469                       34,829                    134,374 (')
            0102 9069                            —                            17,469                       34,829                    134,374 (')
            0102 90 71                         23,574                         17,469                       34,829                    134,374 (')
            0102 90 79                         23,574                         17,469                       34,829                    134,374 (')
                                                                                        — Net weight —
            0201 10 00                         44,791                        33,190                        66,176                   255,311 (') 0
            0201 20 20                         44,791                        33,190                        66,176                   255,311 00
            0201 20 30                         35,833                        26,552                        52,940                   204,248 0 0
            0201 20 50                         53,750                        39,828                        79,411                   306,373 0 0
            0201 20 90                           —                           49,786                        99,263                   382,966 00
            0201 30 00                           —                           56,948                      113,544                    438,060 0 0
            0206 10 95                           —                            56,948                     113,544                    438,060 0
            0210 20 10                           —                           49,786                        99,263                   382,966
            0210 20 90                           —                            56,948                     113,544                    438,060
            0210 90 41                           —                           56,948                      113,544                    438,060
            0210 90 90                           —                            56,948                     113,544                    438,060
            1602 50 10                           —                           56,948                      113,544                    438,060
            1602 90 61                           —                            56,948                     113,544                    438,060
(') 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 tcf OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.
(!) This levy is applicable only to products complying with the provisions of Commission Regulation (EEC) No 185/93.
(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. 1 992, p. 21 ).
0 Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agreements concluded between those countries
    and the Community, and in respect of which EUR.l certificates issued in accordance with Regulation (EEC) No 898/92 have been presented, are subject to
    the levies set out in the Annex to that Regulation.