CELEX: 31994R1189
Language: en
Date: 1994-05-27 00:00:00
Title: Commission Regulation (EC) No 1189/94 of 26 May 1994 fixing the import levies on live cattle and on beef and veal other than frozen

27. 5. 94                            Official Journal of the European Communities                               No L 132/7
                                  COMMISSION REGULATION (EC) No 1189/94
                                                     of 26 May 1994
                    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
Community,                                                     (a) 100 % where the market price is more than or equal
                                                                     to 98 % of the guide price ;
                                                               (b) 105 % where the market price is less than 98 % and
Having regard to Council Regulation (EEC) No 805/68 of               more than or equal to 96 % of the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EC)       (c) 110 % where the market price is less than 96 % and
No 1096/94 (2), and in particular Article 12 (8) thereof,            more than or equal to 90 % of the guide price ;
                                                               (d) 114 % where the market price is less than 90 % of
Whereas, pursuant to Article 9 of Regulation (EEC) No                the guide price ;
805/68, 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
percentage 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
                                                                beef and veal and amending Regulation (EEC) No 950/68
 the light of the most representative purchasing possibili­     on the Common Customs Tariff (3), as last amended by
 ties, as regards quality and quantity, recorded over a
 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,       1993/94 marketing year were fixed by Council Regulation
 of world market prices for frozen meat of a category           (EEC) No 1563/93 0 ; whereas Council Regulation (EC)
 which is competitive with fresh or chilled meat and of         No 7,19/94 (*) extends the commercialization of 1993/94
 past experience ;                                              until 30 June 1994 ;
 Whereas if it is found that the price of adult bovine
 animals on representative Community markets is higher          Whereas Commission Regulation (EEC) No 1753/93 Q
 than the guide price, the levy applicable equals the fol­      determines certain prices fixed in ecus in the beef and
 lowing percentage of the basic levy :                          veal sector as a result of the monetary realignments in the
                                                                 1992/93 marketing year ;
 (a) 75 % where the market price is less than or equal to
      102 % of the guide price ;
                                                                Whereas Regulation (EEC) No 586/77 stipulates that the
 (b) 50 % where the market price is more than 102 % and         basic levy is to be calculated according to the method set
      less than or equal to 104 % of the guide price ;           out in its Article 3 and on the basis of all the representa­
                                                                 tive free-at-frontier offer prices of the Community deter­
 (c) 25 % where the market price is more than 104 % and          mined for the products of each of the categories and cuts
      less than or equal to 106 % of the guide price ;           specified in Article 2 and established principally by
 (d) 0 % where the market price is more than 106 % of            reference to the prices specified in the customs docu­
      the guide price ;                                          ments accompanying products imported from third coun­
                                                                 tries or from other information concerning export prices
                                                                 obtaining in those third countries ;
 Whereas if it is found that the price of adult bovine
  animals on representative Community markets is equal to        o OJ No L 75, 23. 3. 1977, p. 10.
                                                                 0 OJ No L 370, 19. 12. 1992, p. 16.
                                                                 0 OJ No L 154, 25. 6, 1993, p. 35.
 C) OJ No L 148, 28. 6. 1968, p. 24.                             W OJ No L 87, 31 . 3. 1994, p. 1 .
 0 OJ No L 121 , 12. 5. 1994, p. 9.                              0 OJ No L 161 , 2. 7. 1993, p. 44.
 ---pagebreak---  No L 132/8                              Official Journal of the European Communities                                 27. 5. 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
                                                                   the representative market or markets of each Member
Whereas pursuant to Article 10 (3) of Regulation (EEC)             State in respect of the various categories of adult bovine
 No 805/68 a special basic levy is determined for certain          animals or of meat from such animals, after taking into
 third countries on the basis of the difference between the
                                                                   account the size of each of these categories and the rela­
guide price and the average price recorded over a certain          tive size of the bovine herd of each Member State ;
 period plus the amount of the customs duty ;
                                                                   Whereas the representative markets, categories and quali­
Whereas Commission Regulation (EEC) No 611 /77 ('), as             ties of products and weighting coefficients are fixed in
 last amended by Regulation (EEC) No 1049/92 (2),                  Annex II to Commission Regulation (EEC) No 610/77 of
 provides that the special levy on products originating in         18 March 1977 on the determination of prices of adult
 and coming from Austria, Sweden and Switzerland should            bovine animals on representative Community markets
be determined on the basis of the weighted average of the          and the survey of prices of certain other cattle in the
prices of adult bovine animals recorded on the representa­         Community (9), as last amended by Regulation (EC) No
tive markets of those third countries ; whereas the                1155/94 (10) ;
weighting coefficients and representative markets are
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
                                                                   the arithmetic mean of the prices recorded on each of
 1991 on the conclusion of an Agreement in the form of             those markets ; whereas, for representative markets held
an exchange of letters between the European Economic               several times in one period of seven days, the price of
 Community and the Republic of Austria concerning the              each category and quality is equal to the arithmetic mean
adjustment of the Community import arrangements                    of the prices recorded on each market day ; whereas in
applicable to certain beef and veal sector products origi­         respect of Italy the price of each category and quantity is
nating in Austria (3) lays down new provisions on prefe­           equal to the average, weighted by the special weighting
rential imports under a separate tariff quota ; whereas this       coefficients fixed in Annex II to Regulation (EEC) No
must be taken into account when the levies are fixed ;
                                                                   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 Commission Regulations                  each of the markets within that zone ; whereas in respect
(EC) No 212/94 (4) and (EC) No 957/94 0 and by Council             of the United Kingdom the weighted average prices of
Regulations (EC) No 1 29/94 (*), (EC) No 774/94 f) and             adult bovine animals recorded on the representative
                                                                   markets of Great Britain on the one hand and Northern
(EC) No 775/94 (8);
                                                                   Ireland on the other are adjusted by the coefficient fixed
                                                                   in the abovementioned Annex II ;
Whereas the average price is not to be used for calcula­
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
                                                                   tax' are multiplied by the live weight conversion coeffi­
(') OJ  No  L 77, 25. 3. 1977, p. 14.
(2) OJ  No  L 111 , 29. 4. 1992, p. 7.                             cients fixed in Annex II to the said Regulation and, in the
0   OJ  No  L 111 , 29. 4. 1992, p. 16.                            case of Italy, are first increased or reduced by the correc­
(4) OJ  No  L 27, 1 . 2. 1994, p. 38.                              tive amounts fixed in the said Annex ;
j3) OJ No L 108, 29. 4. 1994, p. 13.
(4 OJ No L 22, 27. 1 . 1994, p. 1 .
0 OJ No L 91 , 8. 4. 1994, p. 1 .                                  (') OJ No L 77, 25. 3. 1977, p. 1 .
(8) OJ No L 91 , 8 . 4. 1994, p. 4.                                (10) OJ No L 129, 21 . 5. 1994, p. 5.
 ---pagebreak--- 27. 5. 94                              Official Journal of the European Communities                                No L 132/9
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 (8) 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 (u), 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 (EEC) No
                                                                 2697/93 (12), as amended by Regulation (EC) No 3358/93
                                                                 (13), lays down detailed rules for applying the import
Whereas the levies must be so fixed that obligations             arrangements provided for in these agreements as regards
arising from international agreements concluded by the           beef ;
Community continue to be fulfilled ; whereas the levies
fixed must be consistent with interim agreements entered         Whereas Council Regulations (EC) No 3641 /93 (14) and
into by the Community ; whereas account should also be           (EC) No 3642/93 (15) on certain rules for applying the
taken of Council Regulation (EC) No 3698/93 of 22                Interim Agreement on trade and trade-related matters
December 1993 concerning the arrangements applicable             between the European Economic Community and the
to the import into the Community of products origina­            European Coal and Steel Community, of the one part,
ting in the Republics of Bosnia-Herzegovina, Croatia and         and the Republic of Bulgaria and Romania, of the other
Slovenia and the former Yugoslav Republic of Macedo­             part ; whereas Commission Regulation (EC) No 346/94 (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
                                                                 sentative markets :
amended by Regulation (EC) No 235/94 Q, lays down the
arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural       s) OJ No L 319, 21 . 12. 1993, p. 1 .
                                                                  9) OJ No L 319, 21 . 12. 1993, p. 4.
                                                                  10) OJ No L 56, 29. 2. 1992, p. 9 .
(') OJ  No L 344, 31 . 12. 1993, p. i                             ") OJ No L 200, 10. 8. 1993, p. 5.
0   OJ  No L 31 , 4. 2. 1994, p. 8 .                              IJ) OJ No L 245, 1 . 10 . 1993, p. 75.
(3) OJ  No L  1 , 3 . 1 . 1994, p. 1 .                            ,3) OJ No L 324, 24. 12. 1993, p. 38 .
(4) OJ  No L 32, 5. 2. 1994, p. 9 .                               ") OJ No L 333, 31 . 12. 1993, p. 16.
O   OJ  No L 53, 24. 2. 1994, p. 13.                              1S) OJ No L 333, 31 . 12. 1993, p. 17.
f)  OJ  No L 84, 30. 3. 1990, p. 85.                              >j OJ No L 44, 17. 2. 1994, p. 15.
O   OJ  No L 30, 3 . 2. 1994, p. 12.                              17) OJ No L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak---  No L 132/ 10                           Official Journal of the European Communities                               27. 5. 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 6 June 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 26 May 1994.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
(') OJ No  L 387, 31 . 12. 1992, p. 1 .
0   OJ No  L 320, 22. 12. 1993, p. 32
(3) OJ No  L 108, 1 . 5. 1993, p. 106.
(4) OJ No  L 69, 12. 3. 1994, p. 1 .
 ---pagebreak---  27. 5. 94                                        Official Journal of the European Communities                                             No L 132/ 11
                                                                           ANNEX
                       to the Commission Regulation of 26 May 1994 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 (2)
                                           Former Yugoslav
                                      Republic of Macedonia (')
                                                                                         — Live weight —
            0102 90 05                            —                            17,086                      0,000                    131,433 0
            0102 90 2 1                           —                           17,086                       0,000                    131,433 0
            0102 90 29                            —                           17,086                       0,000                    131,433 (')
            0102 90 41                            —                           17,086                       0,000                    131,433 0 0
            0102 90 49                            —                           17,086                       0,000                    131,433 0 0
            0102 90 51                         23,058                         17,086                       0,000                    131,433 0
            0102 90 59                         23,058                         17,086                       0,000                   131,433 0
            0102 90 61                           —                            17,086                       0,000                   131,433 0
            0102 90 69                           —                            17,086                       0,000                   131,433 0
            0102 90 71                         23,058                         17,086                       0,000                   131,433 0
            0102 90 79                         23,058                         17,086                       0,000                   131,433 0
                                                                                         — Net weight —
            020 1 1 0 00                       43,8 1 1                       32,464                       0,000 0                 249,723 00
            0201 20 20                         43,811                         32,464                       0,000 0                 249,723 0 0
            0201 20 30                         35,049                         25,971                       0,000 0                 199,778 0 0
            0201 20 50                         52,573                         38,957                       0,000 0                 299,667 0 0
            0201 20 90                           —                            48,696                       0,000 0                 374,583 0 0
            0201 30 00                           —                            55,701                       0,000 0                 428,471 00
            0206 10 95                           —                            55,701                       0,000                   428,471 0
            0210 20 10                           —                           48,696                        0,000                   374,583
            0210 20 90                           —                            55,701                       0,000                   428,471
            0210 90 41                           —                            55,701                       0,000                   428,471
            0210 90 90                           —                            55,701                       0,000                   428,471
            1602 50 10                           —                            55,701                       0,000                   428,471
            1602 90 61                           —                            55,701                       0,000                   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.
(J) 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 111 , 29 . 4. 1992, p. 21).
0 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 (EEC) No 2697/93, amended, or Regulation (EC) No 346/94 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.
Q 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.