CELEX: 31995R0209
Language: en
Date: 1995-02-01 00:00:00
Title: COMMISSION REGULATION (EC) No 209/95 of 1 February 1995 fixing the import levies on frozen beef and veal

No L 25/8                               Official Journal of the European Communities                                    2. 2. 95
                                        COMMISSION REGULATION (EC) No 209/95
                                                         of 1 February 1995
                                       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
  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 (EC)
  No 1 884/94 (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
  Whereas, pursuant to Article 9 of Regulation (EEC) No               or less than the guide price, the levy applicable equals the
  805/68, a levy is applicable to the products specified in           following percentage of the basic levy :
  Article 1 (1 ) (a) of that Regulation ; whereas Article 12
  fixes the amount of the levy applicable by reference to a          (a) 100 % where the market price is more than or equal
  percentage of the basic levy ;                                           to 98 % of the guide price ;
                                                                     (b) 105 % where the market price is less than 98 % and
 Whereas, in respect of the types of frozen meat listed in                 more than or equal to 96 % of the guide price ;
  section (b) of the Annex to the said Regulation under CN
  codes 0202 10 00 and 0202 20 10, the basic levy is deter­          (c) 110 % where the market price is less than 96 % and
  mined on the basis of the difference between :                           more than or equal to 90 % of the guide price ;
 — the guide price multiplied by a coefficient represent­            (d) 114 % where the market price is less than 90 % of
      ing the ratio existing in the Community between the                  the guide price ;
      price of fresh meat of a category competitive with the
      frozen meat in question, presented in the same form,
      and the average price of adult bovine animals, and             Whereas the guide prices for adult bovine animals for the
                                                                     1994/95 marketing year were fixed by Council Regulation
 — the Community free-at-frontier offer price for frozen             (EC) No 1885/94 0 ;
      meat, plus the amount of the customs duty and a stan­
      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 3661 /92 (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
(a) 75 % where the market price is less than or equal to            805/68        under   CN    codes   0202 20 50,    0202 20 90,
      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
(»)  OJ  No  L 148, 28. 6. 1968, p. 24.                             0202 10 00 and 0202 20 10, multiplied by a standard
(2)  OJ  No  L 197, 30. 7. 1994, p. 27.
O    OJ  No  L 75, 23. 3. 1977, p. 10.
(4)  OJ  No  L 370, 19. 12. 1992, p. 16.                            H OJ No L 197, 30. 7. 1994, p. 29.
 ---pagebreak---  2. 2. 95                              Official Journal of the European Communities                               No L 25/9
 coefficient fixed for each of the products in question ;        Whereas prices for the different categories and qualities
 whereas these coefficients were fixed in Annex II to             not obtained from prices which are 'live weight excluding
 Regulation (EEC) No 586/77 ;                                     tax', are multiplied by the live weight conversion coeffi­
                                                                  cients fixed in Annex II to the said Regulation and, in the
                                                                  case of Italy, are first increased or reduced by the correc­
Whereas, for the purpose of fixing the free-at-frontier           tive amounts fixed in the said Annex :
 offer prices, offer prices that do not correspond to real
 purchasing possibilities or that relate to unrepresentative
quantities should not be taken into account ; whereas            Whereas if one or more Member States, for veterinary or
offer prices should also be excluded when the movement            health reasons for example, adopt measures affecting the
of prices in general or the information available gives           normal trend of prices recorded on their markets, the
reason to believe that they are unrepresentative of the true      Commission may disregard the prices recorded on the
trend of prices in the country of origin ;                        market or markets in question, or use the latest prices
                                                                  recorded on the market or markets in question before the
                                                                  entry into force of such measures ;
Whereas, where the free-at-frontier offer price for frozen
meat differs by less than one unit of account per 100 kilo­
grams from that previously used for the calculation of the
levy, the latter price should be retained ;                      Whereas, in the absence of information, prices recorded
                                                                  on representative Community markets are determined
                                                                  mainly by reference to the most recently recorded prices ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
 No 805/68 the price of aclult bovine animals on represen­
tative Community markels is the price established on the         Whereas, for such period as the price of adult bovine
basis of prices recorded over a period to be determined on        animals recorded on representative Community markets
the representative market or markets of each Member               differs by less than ECU 0,24 per 100 kilograms of live
State for the various categ ories of adult bovine animals or     weight from the price previously used, the latter is
of meat from such animals, taking into account the size of        retained ;
each of these categories and the relative size of the bovine
herd of each Member Slate ;
                                                                 Whereas Council Regulation (EEC) No 715/90 (3), as last
Whereas the representative markets, categories and quali­         amended by Regulation (EC) No 2484/94 (4), lays down
ties of products and weighting coefficients are fixed in          the arrangements applicable on agricultural products and
Annex II to Commission Regulation (EEC) No 610/77 of              certain goods resulting from the processing of agricultural
 18 March 1977 on the d etermination of prices of adult           products originating in the African, Caribbean and Pacific
                                                                 States ;
bovine animals on representative Community markets
and the survey of prices of certain other cattle in the
Community ('), as last amended by Regulation (EC) No
3270/94 (2) ;                                                    Whereas Council Regulations (EC) No 3491 /93 (^ and
                                                                 (EC) No 3492/93 (% on certain procedures for applying
                                                                 the Europe Agreement establishing an association
Whereas, for Member States with several representative           between the European Communities and their Member
markets, the price of each category and quality is equal to      States, of the one part, and the Republics of Hungary and
the arithmetic mean of :he prices recorded on each of            Poland, of the other part, and Council Regulation (EEC)
those markets ; for representative markets held several          No 520/92 of 27 February 1992 on certain rules for
times in one period of seven days, the price of each cat­        applying the Interim Agreement on trade and trade­
egory and quality is equal to the arithmetic mean of the         related matters between the European Economic Commu­
prices recorded on each market day ; whereas in respect of       nity and the European Coal and Steel Community, of the
Italy the price of each category and quality is equal to the     one part, and the Czech and Slovak Federal Republic, of
average, weighted by the: special weighting coefficients         the other part f7), as amended by Regulation (EEC) No
fixed in Annex II to Regulation (EEC) No 610/77, of the          2235/93 (8), and in particular Article 1 thereof introduce
prices recorded in the surplus and deficit zones ; whereas       arrangements for reducing import levies on certain
the price recorded in the surplus zone is equal to the           products ; whereas Commission Regulation (EC) No
arithmetic mean of the ] trices recorded on each of the           1390/94 0 lays down detailed rules for applying the
markets within that zor e ; whereas in respect of the            arrangements provided for in these agreements as regards
United Kingdom the weighted average prices of adult              beef ;
bovine animals recorded on the representative markets of
Great Britain on the one hand and Northern Ireland on
                                                                 (3) OJ No L 84, 30. 3. 1990, p. 85.
the other are adjusted ty the coefficient fixed in the           (4) OJ No L 265, 15. 10. 1994, p. 3.
abovementioned Annex ] I ;                                       í5) OJ No L 319, 21 . 12. 1993, p. 1 .
                                                                 (É) OJ  No  L  319, 21 . 12. 1993, p. 4.
                                                                 o   OJ  No  L  56, 29. 2. 1992, p. 9.
0) OJ No L 77, 25. 3. 1977, p. 1 .                               (8) OJ  No  L  200, 10. 8. 1993, p. 5.
0 OJ No L 339, 29. 12. 1994, p. 48 .                             0   OJ  No  L  152, 18. 6. 1994, p. 20.
 ---pagebreak---   No L 25/ 10                            Official Journal of the European Communities                                   2. 2. 95
  Whereas Council Regulations (EC) No 3641 /93 0) and               the period between two fixings where the basic levy is
  (EC) No 3642/93 (2) on certain rules for applying the             altered, or in these case of changes in the prices recorded
  Interim Agreement on trade and trade-related matters              on Community representative markets ;
  between the European Economic Community and the
  European Coal and Steel Community, of the one part,               Whereas the representative market rates defined in Article
  and the Republic of Bulgaria and Romania, of the other             1 of Council Regulation (EEC) No 3813/92 (10), as last
  part ; whereas Commission Regulation (EC) No                      amended by Regulation (EC) No 150/95 (n), are used to
  1389/94 (3), as amended by Regulation (EC) No                     convert amounts expressed in third country currencies
  1850/94 (4), lays down detailed rules for applying the            and are used as the basis for determining the agricultural
  arrangements provided for in these agreements as regards          conversion rates of the Member States' currencies ;
  beef ;                                                           whereas detailed rules on the application and determina­
                                                                    tion of these conversions were set by Commission Regu­
 Whereas the levy is not collected in respect of imports            lation (EEC) No 1068/93 (12), as last amended by Regula­
  under the quotas opened by Council Regulations (EC) No            tion (EC) No 157/95 (13);
  3071 /94 Q and (EC) No 774/94 0 and by Commission                Whereas, having regard to the provisions of the aforemen­
  Regulations (EC) No 3241 /94 O and (EC) No 3243/94 (8) ;         tioned Regulations, and in particular to the information
 Whereas, pursuant to Article 101 (1 ) of Council Decision         and quotations known to the Commission, the levies on
 91 /482/EEC of 25 July 1991 on the association of the             frozen beef and veal should be as set out in the Annex
 overseas countries and territories with the European              hereto,
  Economic Community (9), no levies shall apply on
 imports of products originating in the overseas countries
 and territories ;                                                 HAS ADOPTED THIS REGULATION :
 Whereas the various cuts of frozen meat are defined in
 Regulation (EEC) No 586/77 ;                                                                   Article 1
 Whereas, pursuant to Article 33 (2) of Regulation (EEC)           The import levies on frozen beef and veal shall be as set
 No 805/68, the nomenclature provided for in this Regula­          out in the Annex.
 tion is incorporated in the combined nomenclature ;
 Whereas the levies are fixed before the 27th day of each                                       Article 2
 month and are applicable from the first Monday of the
 following month ; whereas these levies may be altered in          This Regulation shall enter into force on 6 February 1995.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 1 February 1995.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(■) OJ No L 333, 31 . 12. 1993, p. 16.
(2) OJ No L 333, 31 . 12. 1993, p. 17.
(3) OJ No L 152, 18. 6. 1994, p. 16.
(4) OJ No L 192, 28. 7. 1994, p. 24.
(Ó OJ No L 325, 17. 12. 1994, p. 1 .
(<) OJ   No L  91 , 8. 4. 1994, p. 1 .                            (10) OJ  No  L  387, 31 . 12. 1992, p. 1 .
0   OJ   No L  338, 28. 12. 1994, p. 53.                          (")  OJ  No  L  22, 31 . 1 . 1995, p. 1 .
(«) OJ   No L  338, 28. 12. 1994, p. 62.                          (,2) OJ  No  L  108, 1 . 5. 1993, p. 106.
f)  OJ   No L  263, 19. 9. 1991 , p. 1 .                          (,3) OJ  No  L  24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- 2. 2. 95                              Official Journal of the European Communities                                            No L 25/ 11
                                                              ANNEX
         to the Commission Regulation of 1 February 1995 fixing the import levies on frozen beef
                                                            and veal (!) (2)
                                                                                                                (ECU/ 100 kg)
                                               CN code                                                      Levy
                                                                                                     — Net weight —
                                             0202 10 00                                                   189,053 (3)
                                             0202 20 10                                                   189,053 (3)
                                             0202 20 30                                                   151,243 (3)
                                             0202 20 50                                                   236,316 (3)
                                             0202 20 90                                                   283,580 (3)
                                             0202 30 10                                                   236,316 (3)
                                             0202 30 50                                                   236,316 (3)
                                             0202 30 90                                                   325,171 (3)(<)
                                             0206 29 91                                                   325,171 (4)
         (') In accordance with amended Regulation (EEC) No 715/90, levies are not applied to products imported directly
             into th : French overseas departments, originating in the African, Caribbean and Pacific States.
         (2) No imjiort levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.
         (3) Producis 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 Repu­
             blic, Bulgaria, Romania and the Community, and in respect of which EUR.1 certificates issued in accordance
             with Commission Regulation (EC) No 1390/94, amended, or Regulation (EC) No 1389/94 have been presented,
             are subject to the levies foreseen in those Regulations.
         (4) The levy on the products falling within these codes, imported pursuant to Council Regulations (EC) No 3071 /94
             and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94, (EC) No 957/94 and (EC) No 3243/94, is
             restrict* d pursuant to the conditions laid down in those Regulations.