CELEX: 31992R0854
Language: en
Date: 1992-04-04 00:00:00
Title: Commission Regulation (EEC) No 854/92 of 3 April 1992 fixing the import levies on frozen beef and veal

4. 4. 92                               Official Journal of the European Communities                                No L 89/ 15
                                   COMMISSION REGULATION (EEC) No 854/92
                                                       of 3 April 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
                                                                  or less than the guide price, the levy applicable equals the
Whereas under Article 9 of Regulation (EEC) No 805/68             following percentage of the basic levy :
a levy is applicable to the products specified in Article 1
(1 ) (a) of that Regulation ; whereas Article 12 fixes the       (a) 100 % where the market price is more than or equal
amount of the levy applicable by reference to a percent­              to 98 % of the guide price ;
age of the basic levy ;
                                                                  (b) 105 % where the market price is less than 98 % and
                                                                      more than or equal to 96 % of the guide price ;
Whereas, in respect of the types of frozen meat listed in
section (b) of the Annex to the said Regulation under CN          (c) 110 % where the market price is less than 96 % and
codes 0202 10 00 and 0202 20 10, the basic levy is deter­             more than or equal to 90 % of the guide price ;
mined on the basis of the difference between :
                                                                  (d) 114 % where the market price is less than 90 % of
— the guide price multiplied by a coefficient represent­              the guide price ;
     ing the ratio existing in the Community between the
     price of fresh meat of a category competitive with the       Whereas the guide prices for adult bovine animals for the
     frozen meat in question, presented in the same form,          1991 /92 marketing year have been fixed by Council
     and the average price of adult bovine animals, and           Regulation (EEC) No 1629/91 (*); whereas Council Regu­
— the Community free-at-frontier offer price for frozen           lation (EEC) No 786/92 (*) has extended the 1991 /92
     meat, plus the amount of the customs duty and a stan­        marketing year for beef and veal until 31 May 1992 ;
     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
                                                                  805/68     under     CN    codes    0202 20 50,   0202 20 90,
(a) 75 % where the market price is less than or equal to
      102 % of the guide price ;                                  0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
                                                                  basic levy fixed for the products falling within CN codes
                                                                  0202 10 00 and 0202 20 10, multiplied by a standard
0 OJ No L 148, 28. 6. 1968, p. 24.
0 OJ No L 150, 15. 6. 1991 , p. 16.
0 OJ No L 75, 23. 3. 1977, p. 10.                                 (0 OJ No L 150, 15. 6. 1991 , p. 18.
b) OJ No L 376, 31 . 12. 1987, p. 31 .                            0 OJ No L 86, 1 . 4. 1992, p. 1 .
 ---pagebreak--- No L 89/ 16                           Official Journal of the European Communities                                  4. 4. 92
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
                                                                not obtained from prices which are 'live weight excluding
offer prices, offer prices that do not correspond to real       tax', are multiplied by the live weight conversion coeffi­
purchasing possibilities or that relate to unrepresentative     cients fixed in Annex II to the said Regulation and, in the
quantities should not be taken into account ; whereas           case of Italy, are first increased or reduced by the correc­
offer prices should also be excluded when the movement          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 444/92 (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 ;
Community ('), as last amended by Regulation (EEC) No
3071 /91 (2) ;
                                                                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
                                                                 O OJ No L 84, 30. 3. 1990, p. 85.
(') OJ No L 77, 25. 3. 1977, p. 1 .                              (4) OJ No L 52, 27. 2. 1992, p. 7.
0 OJ No L 290, 22. 10. 1991 , p. 19.                             0 OJ No L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak--- 4. 4. 92                               Official Journal of the European Communities                           No L 89/ 17
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 6 April 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 3 April 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 89/ 18                           Official Journal of the European Communities                                              4. 4. 92
                                                               ANNEX
            to die Commission Regulation of 3 April 1992 fixing die import levies on frozen beef and
                                                               veal (') 0
                                                                                                                  (ECU/ 100 kg)
                                               CN code                                                        Levy
                                                                                                      — Net weight —
                                              020210 00                                                     172,539
                                              0202 20 10                                                    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.
            (2) No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.