CELEX: 31994R0256
Language: en
Date: 1994-02-04 00:00:00
Title: Commission Regulation (EC) No 256/94 of 3 February 1994 fixing the import levies on live cattle and on beef and veal other than frozen

4. 2. 94                              Official Journal of the European Communities                                No L 31 / 17
                                    COMMISSION REGULATION (EC) No 256/94
                                                    of 3 February 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           (a) 100 % where the market price is more than or equal
Community,                                                           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 3611 /93 (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
                                                                      the guide price ;
Whereas, pursuant to Article 9 of Regulation (EEC) No
 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      Whereas pursuant to Article 10 (4) of Regulation (EEC)
 percentage of the basic levy ;                                  No 805/68 the basic levy on the meat specified in
                                                                sections (a), (c) and (d) of the Annex hereto is equal to the
                                                                basic levy determined for bovine animals, multiplied by a
                                                                 standard coefficient fixed for each of the products in
Whereas in respect of bovine animals the basic levy is
 determined on the basis of the difference between the           question ; whereas these coefficients are fixed by
                                                                 Commission Regulation (EEC) No 586/77 of 18 March
guide price and the Community free-at-frontier offer             1977 laying down rules for the application of levies on
 price plus the amount of the customs duty ; whereas the         beef and veal and amending Regulation (EEC) No 950/68
 Community free-at-frontier offer price is determined in
 the light of the most representative purchasing possibili­      on the Common Customs Tariff (3), as last amended by
                                                                 Regulation (EEC) No 3661 /92 (4) ;
 ties, as regards quality and quantity, recorded over a
 certain period for bovine animals and for the fresh or
 chilled meat specified in section (a) of the Annex to the
 said Regulation under CN codes 0201 10 00, 0201 10 90,          Whereas the guide prices for adult bovine animals for the
 0201 20 20 to 0201 20 50, account being taken in parti­         1993/94 marketing year were fixed by Council Regulation
 cular of the position with respect to supply and demand,        (EEC) No 1563/93 0';
 of world market prices for frozen meat of a category
 which is competitive with fresh or chilled meat and of
 past experience ;                                               Whereas Commission Regulation (EEC) No 1753/93 (6)
                                                                 determines certain prices fixed in ecus in the beef and
                                                                 veal sector as a result of the monetary realignments in the
Whereas if it is found that the price of adult bovine            1992/93 marketing year ;
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
(a) 75 % where the market price is less than or equal to         out in its Article 3 and on the basis of all the representa­
      102 % of the guide price ;                                 tive free-at-frontier offer prices of the Community deter­
                                                                 mined for the products of each of the categories and cuts
(b) 50 % where the market price is more than 102 % and           specified in Article 2 and established principally by
     less than or equal to 104 % of the guide price ;            reference to the prices specified in the customs docu­
                                                                 ments accompanying products imported from third coun­
(c) 25 % where the market price is more than 104 % and           tries or from other information concerning export prices
     less than or equal to 106 % of the guide price ;            obtaining in those third countries ;
(d) 0 % where the market price is more than 106 % of
     the guide price ;
                                                                Whereas, however, offer prices that do not correspond to
                                                                 real purchasing possibilities or that relate to unrepresenta­
                                                                tive quantities should not be taken into account ; whereas
Whereas if it is found that the price of adult bovine
animals on representative Community markets is equal to
                                                                0 OJ No L 75, 23. 3. 1977, p. 10.
                                                                (4) OJ No L 370, 19. 12. 1992, p. 16
(') OJ No L 148, 28 . 6. 1968, p. 24.                           O OJ No L 154, 25. 6. 1993, p. 35.
(2) OJ No L 328, 29. 12. 1993, p. 7.                            (6) OJ No L 161 , 2. 7. 1993, p. 44.
 ---pagebreak--- No L 31 / 18                            Official Journal of the European Communities                                  4. 2. 94
offer prices should also be excluded when the movement            account the size of each of these categories and the rela­
of prices in general or the information available suggests        tive size of the bovine herd of each Member State ;
that they are unrepresentative of the true trend of prices
in the country of origin ;                                        Whereas the representative markets, categories and quali­
                                                                  ties of products and weighting coefficients are fixed in
Whereas in cases where for one or more categories of              Annex II to Commission Regulation (EEC) No 610/77 of
bovine animals or cuts of meat a free-at-frontier offer           18 March 1977 on the determination of prices of adult
price cannot be established, the most recent available            bovine animals on representative Community markets
price should be used for the calculation ;                        and the survey of prices of certain other cattle in the
                                                                  Community (4), as last amended by Regulation (EEC) No
Whereas if the free-at-frontier offer price differs by less        1460/93 0 ;
than ECU 0,60 per 100 kilograms of live weight from that
previously used for the calculation of the levy, the latter       Whereas, for Member States with several representative
price should be retained ;                                        markets, the price of each category and quality is equal to
                                                                  the arithmetic mean of the prices recorded on each of
Whereas pursuant to Article 10 (3) of Regulation (EEC)            those markets ; whereas, for representative markets held
No 805/68 a special basic levy is determined for certain          several times in one period of seven days, the price of
third countries on the basis of the difference between the        each category and quality is equal to the arithmetic mean
guide price and the average price recorded over a certain         of the prices recorded on each market day ; whereas in
period plus the amount of the customs duty ;                      respect of Italy the price of each category and quantity is
                                                                   equal to the average, weighted by the special weighting
Whereas Commission Regulation (EEC) No 611 /77 ('), as             coefficients fixed in Annex II to Regulation (EEC) No
last amended by Regulation (EEC) No 1049/92 (2),                   610/77, of the prices recorded in the surplus and deficit
provides that the special levy on products originating in          zones ; whereas the price recorded in the surplus zone is
and coming from Austria, Sweden and Switzerland should             equal to the arithmetic mean of the prices recorded on
be determined on the basis of the weighted average of the          each of the markets within that zone ; whereas in respect
prices of adult bovine animals recorded on the representa­         of the United Kingdom the weighted average prices of
 tive markets of those third countries ; whereas the               adult bovine animals recorded on the representative
weighting coefficients and representative markets are              markets of Great Britain on the one hand and Northern
 specified in the Annexes to Regulation (EEC) No 611 /77 ;         Ireland on the other are adjusted by the coefficient fixed
Whereas Council Decision 92/232/EEC of 1 October
                                                                   in the abovementioned Annex II ;
 1991 on the conclusion of an Agreement in the form of             Whereas prices for the different categories and qualities
an exchange of letters between the European Economic               not obtained from prices which are 'live weight excluding
 Community and the Republic of Austria concerning the              tax' are multiplied by the live weight conversion coeffi­
adjustment of the Community import arrangements                    cients fixed in Annex II to the said Regulation and, in the
 applicable to certain beef and veal sector products origi­        case of Italy, are first increased or reduced by the correc­
 nating in Austria (3) lays down new provisions on prefe­          tive amounts fixed in the said Annex ;
 rential imports under a separate tariff quota ; whereas this
must be taken into account when the levies are fixed ;             Whereas if one or more Member States, for veterinary or
                                                                   health reasons for example, adopt measures affecting the
Whereas the average price is not to be used for calcula­           normal trend of prices recorded on their markets the
ting the special levy unless it is at least ECU 1,21 per 100       Commission may disregard the prices recorded on the
 kilograms of live weight more than the free-at-frontier           market or markets in question, or use the latest prices
offer price determined in accordance with Article 1 0 (2) of       recorded on the market or markets in question before the
Regulation (EEC) No 805/68 ;                                       entry into force of such measures ;
Whereas if the average price differs by less than ECU 0,60        Whereas, in the absence of information, prices recorded
per 100 kilograms of live weight from that previously              on representative Community markets are determined
used to calculate the levy, the latter may be retained ;           mainly by reference to the most recently recorded prices ;
Whereas in cases where one or more of the abovemen­               Whereas for such period as the price of adult bovine
tioned third countries adopt, for reasons of health for            animals recorded on representative Community markets
example, measures affecting the prices recorded on their           differs by less than ECU 0,24 per 100 kilograms of live
markets, the Commission may use the latest prices                 weight from the price previously used, the latter is
recorded before the entry into force of such measures ;            retained ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)            Whereas the levies must be so fixed that obligations
No 805/68 the price of adult bovine animals on represen­           arising from international agreements concluded by the
tative Community markets is the price established on the           Community continue to be fulfilled ; whereas the levies
basis of prices recorded over a period to be determined on         fixed must be consistent with interim agreements entered
the representative market or markets of each Member               into by the Community ; whereas account should also be
State in respect of the various categories of adult bovine        taken of Council Regulation (EC) No 3698/93 of 22
animals or of meat from such animals, after taking into            December 1993 concerning the arrangements applicable
                                                                  to the import into the Community of products origina­
(') 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 .
O OJ No L 111 , 29. 4. 1992, p. 16.                               0 OJ No L 143, 15. 6. 1993, p. 5.
 ---pagebreak--- 4. 2. 94                                  Official Journal of the European Communities                                No L 31 / 19
ting in the Republics of Bosnia-Herzegovina, Croatia and            amended by Regulation (EC) No 3558/93 (14), lays down
Slovenia and the former Yugoslav Republic of Macedo­                detailed rules for applying the arrangements provided for
nia ('), which provides for reductions in the levies on             in these agreements as regards beef ;
certain products of the beef and veal sector imported into
the Community ; whereas Commission Regulation (EC)                  Whereas, pursuant to Article 101 (1 ) of Council Decision
No 250/94 (2) establishes detailed rules for the importa­           91 /482/EEC of 25 July 1991 on the association of the
tion of these products ;                                            overseas countries and territories with the European
                                                                    Economic Community (15) no levies shall apply on
Whereas, in addition, account must be taken of Council              imports of products originating in the overseas countries
Decision 93/239/EEC of 15 March 1993 concerning the                 and territories ;
conclusion of the Agreements in the form of exchanges
of letters between the European Economic Community,                 Whereas the various cuts of beef and veal are defined in
of the one part, and the Republic of Austria, the Republic          Regulation (EEC) No 586/77 ;
of Finland, the Republic of Iceland, the Kingdom of
Norway and the Kingdom of Sweden, of the other part,
on the provisional application of the Agreements on                 Whereas, pursuant to Article 33 (2) of Regulation (EEC)
certain arrangements in the field of agriculture, signed by         No 805/68, the nomenclature provided for in this Regula­
the said parties in Oporto on 2 May 1992 (3); whereas               tion is incorporated in the combined nomenclature ;
Regulation (EEC) No 11 80/93 (4) lays down detailed rules
for the application in 1993 of the import arrangements              Whereas the levies and special levies are fixed before the
for these products originating in Sweden ;                           27th day of each month and are applicable from the first
                                                                    Monday of the following month ; whereas these levies
Whereas declarations have been submitted by both the                 may be altered in the period between two fixings where
Czech Republic and the Slovak Republic informing the                 the basic levy or special basic levy is altered, or in the case
Communities that both the Czech Republic and the                    of changes in the prices recorded on Community repre­
Slovak Republic continue to assume all the obligations               sentative markets ;
deriving, inter alia, from the Interim Agreement between
the Communities and the Czech and Slovak Federal                    Whereas the representative market rates defined in Article
 Republic upon the dissolution of the latter on 31                   1 of Council Regulation (EEC) No 3813/92 (16), as
 December 1992 and in consequence the concession                     amended by Regulation (EC) No 3528/93 (17), are used to
 provided in the Interim Agreement should be accorded                convert amounts expressed in third country currencies
without distinction to products originating in the Czech             and are used as the basis for determining the agricultural
Republic or in the Slovak Republic ;                                 conversion rates of the Member States' currencies ;
                                                                    whereas detailed rules on the application and determina­
Whereas Council Regulation (EEC) No 715/90 (^ as last                tion of these conversions were set by Commission Regu­
amended by Regulation (EC) No 235/94 (6), lays down the              lation (EEC) No 1068/93 (18) ;
arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural         Whereas, having regard to the provisions of the aforemen­
 products originating in the African, Caribbean and Pacific
States ;
                                                                     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 Regulations (EEC) No 518/92 (7), as                  should be as set out in the Annex hereto,
amended by Regulation (EEC) No 2233/93 (8), (EEC) No
519/92 (9), as amended by Regulation (EEC) No 2234/
93 (10), and (EEC) No 520/92 ("), as amended by Regula­
tion (EEC) No 2235/93 (12), of 27 February 1992 on
                                                                     HAS ADOPTED THIS REGULATION :
certain procedures for applying the Interim Agreements
on trade and trade-related matters between the European
Economic Community and the European Coal and Steel
Community, of the one part, and the Republic of Poland,                                         Article 1
the Republic of Hungary, the Czech Republic and the
Slovak Republic, of the other part, introduce arrange­              The import levies on live cattle and beef and veal other
ments for reducing import levies on certain products ;              than frozen meat shall be as set out in the Annex to the
whereas Commission Regulation (EEC) No 2697/93 (13), as
                                                                    present Regulation.
 ')  OJ  No L 344, 31 . 12. 1993, p. 1 .
 2)  See page 8 of this Official Journal.
 3)  OJ  No L 109, 1 . 5. 1993, p. 1 .                                                          Article 2
 4)  OJ  No L 120, 15. 5. 1993, p. 14.
 Ó OJ No L 84, 30. 3. 1990, p. 85.
 6) OJ No L 30, 3. 2. 1994, p. 12.                                  This Regulation shall enter into force on 7 February 1994.
 Í OJ No L 56, 29. 2. 1992, p. 3.
 8) OJ No L 200, 10. 8. 1993, p. 3.
9) OJ No L 56, 29. 2. 1992, p. 6.                                   04)  OJ  No  L 324, 24.  12. 1993, p. 38.
 ,#) OJ No L 200, 10. 8. 1993, p. 4.                                C 5) OJ  No  L 263, 19.  9. 1991 , p. 1 .
 ") OJ No L 56, 29. 2. 1992, p. 9.                                  (")  OJ  No  L 387, 31 . 12. 1992, p. 1 .
 I2) OJ No L 200, 10. 8. 1993, p. 5.                                (17) OJ  No  L 320, 22.  12. 1993, p. 32.
 u) OJ No L 245, 1 . 10. 1993, p. 75.                               H OJ No L 108, 1 . 5. 1993, p. 106.
 ---pagebreak--- No L 31 /20                    Official Journal of the European Communities                        4. 2. 94
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 3 February 1994.
                                                                   For the Commission
                                                                     Rene STEICHEN
                                                               Member of the Commission
 ---pagebreak--- 4. 2. 94                                        Official Journal of the European Communities                                                 No L 31 /21
                                                                            ANNEX
                      to the Commission Regulation of 3 February 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 (3)
                                                                                         — Live weight —
           0102 90 05                            —                             17,086                        1,278                    131,433 0
           0102 90 21                            —                             17,086                        1,278                    131,433 (')
           0102 90 29                            —                             17,086                        1,278                    131,433 (')
           0102 90 41                            —                             17,086                        1,278                    131,43300
           0102 90 49                            —                             17,086                        1,278                    131,433 (')O
           0102 90 51                          23,058                          17,086                        1,278                    131,433 (>)
           0102 90 59                          23,058                          17,086                        1,278                    131,433 0
            010290 61                            —                             17,086                        1,278                    131,433 (')
            0102 90 69                           —                             17,086                        1,278                    131,433 (')
            0102 90 71                         23,058                          17,086                        1,278                    131,433 (>)
            0102 90 79                         23,058                          17,086                        1,278                    131,433 (')
                                                                                         — Net weight —
            0201 10 00                         43,811                          32,464                        2,428 0                  249,723 0 0
            0201 20 20                         43,811                          32,464                        2,428 0                  249,723 0 0
            0201 20 30                         35,049                          25,971                        1,943 0                  199,778 0 0
            0201 20 50                         52,573                          38,957                        2,914 0                  299,667 0 0
            0201 20 90                           —                             48,696                        3,642 0                  374,583 0 0
            0201 30 00                           —                             55,701                        4,166 0                  428,471 00
            0206 10 95                           —                             55,701                        4,166                    428,471 0
            0210 20 10                           —                             48,696                        3,642                    374,583
            0210 20 90                           —                             55,701                        4,166                    428,471
            0210 90 41                           —                             55,701                        4,166                    428,471
            0210 90 90                           —                             55,701                        4,166                    428,471
            1602 50 10                           —                             55,701                        4,166                    428,471
            1602 90 61                           —                             55,701                        4,166                    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 ).
0 Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic or Hungary under the Interim Agree­
    ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Commission Regula­
    tion (EEC) No 2697/93 have been presented, are subject to the levies set out in the Annex to that Regulation.
(6) Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic or Hungary under the Interim Agree­
    ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Commission Regula­
    tion (EEC) No 247/93 (OJ No L 28, 5. 2. 1993, p. 39) have been presented, are subject to the levies set out in the Annex to that Regulation.
0 The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 109, 1 . 5. 1993, p. 59) and Regulation (EEC)
    No 1180/93.