CELEX: 31995R0694
Language: en
Date: 1995-03-30 00:00:00
Title: COMMISSION REGULATION (EC) No 694/95 of 30 March 1995 fixing the import levies on live cattle and on beef and veal other than frozen

No L 71 /54          EN              Official Journal of the European Communities                                   31 . 3 . 95
                                      COMMISSION REGULATION (EC) No 694/95
                                                     of 30 March 1995
                      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 424/95 (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       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
 Whereas in respect of bovine animals the basic levy is           standard coefficient fixed for each of the products in
 determined on the basis of the difference between the            question ; whereas these coefficients are fixed by
 guide price and the Community free-at-frontier offer             Commission Regulation (EEC) No 586/77 of 18 March
 price plus the amount of the customs duty ; whereas the          1977 laying down rules for the application of levies on
 Community free-at-frontier offer price is determined in          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           Regulation (EEC) No 3661 /92 (4) ;
 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 prices for adult bovine animals for the
 0201 20 20 to 0201 20 50, account being taken in parti­          1994/95 marketing year have been fixed by Council
 cular of the position with respect to supply and demand,         Regulation (EC) No 1885/94 (*), extended by Regulation
 of world market prices for frozen meat of a category            (EC) No 683 /95® ;
 which is competitive with fresh or chilled meat and of
 past experience ;
                                                                 Whereas Regulation (EEC) No 586/77 stipulates that the
                                                                 basic levy is to be calculated according to the method set
Whereas if it is found that the price of adult bovine            out in its Article 3 and on the basis of all the representa­
 animals on representative Community markets is higher           tive free-at-frontier offer prices of the Community deter­
 than the guide price, the levy applicable equals the fol­       mined for the products of each of the categories and cuts
 lowing percentage of the basic levy :                           specified in Article 2 and established principally by
                                                                 reference to the prices specified in the customs docu­
(a) 75 % where the market price is less than or equal to         ments accompanying products imported from third coun­
      102% of the guide price ;                                  tries or from other information concerning export prices
                                                                 obtaining in those third countries ;
(b) 50 % where the market price is more than 102 % and
     less than or equal to 104 % of the guide price ;
(c) 25 % where the market price is more than 104 % and           Whereas, however, offer prices that do not correspond to
     less than or equal to 106 % of the guide price ;            real purchasing possibilities or that relate to unrepresenta­
                                                                 tive quantities should not be taken into account ; offer
(d) 0 % where the market price is more than 106 % of             prices should also be excluded when the movement of
     the guide price ;                                           prices in general or the information available suggests that
                                                                 they are unrepresentative of the true trend of prices in the
                                                                 country of origin ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is equal to
                                                                 (3) 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 197, 30. 7. 1994, p. 29.
(2) OJ No L 45, 1 . 3. 1 995, p. 2.                              (6) See page 2 of this Official Journal.
 ---pagebreak---    31 . 3 . 95          PEN                 Official Journal of the European Communities                             No L 71 / 55
% Whereas in cases where for one or more categories of                tative Community markets is the price established on the
   bovine animals or cuts of meat a free-at-frontier offer            basis of prices recorded over a period to be determined on
   price cannot be established, the most recent available             the representative market or markets of each Member
   price should be used for the calculation ;                         State in respect of the various categories of adult bovine
                                                                      animals or of meat from such animals, after taking into
                                                                      account the size of each of these categories and the rela­
  Whereas if the free-at-frontier offer price differs by less         tive size of the bovine herd of each Member State ;
  than ECU 0,60 per 100 kilograms of live weight from that
  previously used for the calculation of the levy, the latter
  price should be retained ;
                                                                      Whereas the representative markets, categories and quali­
                                                                      ties of products and weighting coefficients are fixed in
  Whereas pursuant to Article 10 (3) of Regulation (EEC)              Annex II to Commission Regulation (EEC) No 610/77 of
  No 805/68 a special basic levy is determined for certain
  third countries on the basis of the difference between the           18 March 1977 on the determination of prices of adult
                                                                      bovine animals on representative Community markets
  guide price and the average price recorded over a certain
                                                                      and the survey of prices of certain other cattle in the
  period plus the amount of the customs duty ;
                                                                      Community (8), as last amended by Regulation (EC) No
                                                                      3270/94 (9) ;
  Whereas Commission Regulation (EEC) No 61 1 /77 (!), as
  last amended by Regulation (EC) No 3246/94 (2), provides
  that the special levy on products originating in Switzer­
  land should be determined on the basis of the weighted              Whereas, for Member States with several representative
  average of the prices of adult bovine animals recorded on           markets, the price of each category and quality is equal to
  the representative markets of this third country ; whereas          the arithmetic mean of the prices recorded on each of
  the weighting coefficients and representative markets are           those markets ; whereas, for representative markets held
  specified in the Annexes to Regulation (EEC) No 611 /77 ;           several times in one period of seven days, the price of
                                                                      each category and quality is equal to the arithmetic mean
                                                                      of the prices recorded on each market day ; whereas in
  Whereas the levy is not collected in respect of imports             respect of Italy the price of each category and quantity is
  under the quotas opened by Council Regulations (EC) No              equal to the average, weighted by the special weighting
  3071 /94 (3) and (EC) No 774/94 (4) and Commission                  coefficients fixed in Annex II to Regulation (EEC) No
  Regulations (EC) No 3241 /94 0 and (EC) No 3243/94 (6),              610/77, of the prices recorded in the surplus and deficit
  as amended by Regulation (EC) No 498/95 Q ;                         zones ; whereas 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
  Whereas the average price is not to be used for calcula­            of the United Kingdom the weighted average prices of
  ting the special levy unless it is at least ECU 1,21 per 100        adult bovine animals recorded on the representative
  kilograms of live weight more than the free-at-frontier             markets of Great Britain on the one hand and Northern
  offer price determined in accordance with Article 10 (2) of          Ireland on the other are adjusted by the coefficient fixed
  Regulation (EEC) No 805/68 ;                                        in the abovementioned Annex II ;
  Whereas if the average price differs by less than ECU 0,60
  per 100 kilograms of live weight from that previously
  used to calculate the levy, the latter may be retained ;            Whereas 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
  Whereas in cases where one or more of the abovemen­                 cients fixed in Annex II to the said Regulation and, in the
                                                                      case of Italy, are first increased or reduced by the correc­
  tioned third countries adopt, for reasons of health for             tive amounts fixed in the said Annex :
  example, measures affecting the prices recorded on their
  markets, the Commission may use the latest prices
  recorded before the entry into force of such measures ;
                                                                      Whereas if one or more Member States, for veterinary or
  Whereas pursuant to Article 12 (6) of Regulation (EEC)              health reasons for example, adopt measures affecting the
  No 805/68 the price of adult bovine animals on represen­            normal trend of prices recorded on their markets the
                                                                       Commission may disregard the prices recorded on the
  (') OJ   No  L 77, 25. 3. 1977, p. 14.                              market or markets in question, or use the latest prices
  (2) OJ   No  L 338, 28 . 12. 1994, p. 70.                           recorded on the market or markets in question before the
  (3) OJ   No  L 325, 17. 12. 1994, p. 1 .                            entry into force of such measures ;
  (4) OJ   No  L 91 , 8. 4. 1994, p. 1 .
  O   OJ   No  L 338, 28. 12. 1994, p. 53.
  (6) OJ   No  L 338, 28 . 12. 1994, p. 62.                           (8) OJ No L 77, 25. 3. 1977, p. 1 .
  O   OJ    No L 50, 7. 3. 1995, p. 2.                                0 OJ No L 339, 29. 12. 1994, p. 48 .
 ---pagebreak---   No L 71 /56            EN              Official Journal of the European Communities                                    31 . 3. 95
 Whereas, in the absence of information, prices recorded            products ; whereas Commission Regulation (EC) No
  on representative Community markets are determined                1390/94 (10), amended by Regulation (EC) No 468/95 (»),
 mainly by reference to the most recently recorded prices ;         lays down detailed rules for applying the import arrange­
                                                                    ments provided for in these agreements as regards beef ;
 Whereas for such period as the price of adult bovine
 animals recorded on representative Community markets              Whereas Council Regulations (EC) No 3641 /93 (12), and
 differs by less than ECU 0,24 per 100 kilograms of live           (EC) No 3642/93 (B), on certain rules for applying the
 weight from the price previously used, the latter is               Interim Agreement on trade and trade-related matters
 retained ;                                                         between the European Economic Community and the
                                                                    European Coal and Steel Community, of the one part,
 Whereas the levies must be so fixed that obligations              and the Republic of Bulgaria and Romania, of the other
 arising from international agreements concluded by the             part ; whereas Commission Regulation (EC) No 1389/94
 Community continue to be fulfilled ; whereas account              (H), as amended by Regulation (EC) No 1850/94 (15), lays
 should also be taken of Council Regulation (EC) No                 down detailed rules for applying the arrangements
 3355/94 of 22 December 1994 concerning the arrange­                provided for in these agreements as regards beef ;
 ments applicable to the import into the Community of
 products originating in the Republics of Bosnia­                  Whereas, pursuant to Article 101 (1 ) of Council Decision
 Herzegovina, Croatia and Slovenia and the former
                                                                    91 /482/EEC of 25 July 1991 on the association of the
                                                                    overseas countries and territories with the European
 Yugoslav Republic of Macedonia ('), which provides for
 reductions in the levies on certain products of the beef           Economic Community (16) no levies shall apply on
 and veal sector imported into the Community ; whereas              imports of products originating in the overseas countries
                                                                    and territories ;
 Commission Regulation (EC) No 207/95 (2) establishes
 detailed rules for the importation of these products ;            Whereas the various cuts of beef and veal are defined in
                                                                    Regulation (EEC) No 586/77 ;
 Whereas, in addition, account must be taken of Decision
 94/ 1 /ECSC, EC of the Council and Commission (3),
 concerning the conclusion of the Agreements on the                Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 European Economic Area, between the European                       No 805/68, the nomenclature provided for in this Regula­
 Community, the European Coal and Steel Community                  tion is incorporated in the combined nomenclature ;
 and their Member States, on the one hand, and Austria,
                                                                   Whereas the levies and special levies are fixed before the
 Finland, Iceland, Norway, Sweden and Liechtenstein, on
 the other hand, hereafter referred to as the 'EEA Agree­          27th day of each month and are applicable from the first
 ment' ;                                                           Monday of the following month ; whereas these levies
                                                                   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 (4), as last            of changes in the prices recorded on Community repre­
amended by Regulation (EC) No 2484/94 Q, lays down                 sentative markets ;
 the arrangements applicable on agricultural products and
 certain goods resulting from the processing of agricultural       Whereas the representative market rates defined in Article
 products originating in the African, Caribbean and Pacific         1 of Council Regulation (EEC) No 3813/92 (17), as last
States ;                                                           amended by Regulation (EC) No 150/95 (18), are used to
                                                                   convert amounts expressed in third country currencies
Whereas Council Regulations (EC) No 3491 /93 (6), and              and are used as the basis for determining the agricultural
(EC) No 3492/93 0, on certain procedures for applying              conversion rates of the Member States' currencies ;
the Europe Agreement establishing an association                   whereas detailed rules on the application and determina­
between the European Communities and their Member                  tion of these conversions were set by Commission Regu­
States, of the one part, and the Republics of Hungary and          lation (EEC) No 1068/93 (19), as last amended by Regula­
Poland, of the other part, and Council Regulation (EEC)            tion (EC) No 1 57/95 (20),
No 520/92 of 27 February 1992 on certain rules for
applying the Interim Agreement on trade and trade­                 Whereas, having regard to the provisions of the aforemen­
related matters between the European Economic Commu­               tioned Regulation, and in particular to the information
nity and the European Coal and Steel Community, of the             and quotations known to the Commission, the levies on
one part, and the Czech and Slovak Federal Republic, of            live cattle and beef and veal other than frozen meat
the other part (8), as amended by Regulation (EEC) No              should be as set out in the Annex hereto,
2235/93 (9), and in particular Article 1 thereof introduce
arrangements for reducing import levies on certain
                                                                   (10) OJ  No L  152, 18. 6. 1994, p. 20.
                                                                   (")  OJ  No L  48, 3. 3. 1995, p. 4.
(') OJ   No L 353, 31 . 12. 1994, p. 1 .                             u) OJ  No L  333, 31 . 12. 1993, p. 16.
(2) OJ   No L 25, 2. 2. 1995, p. 2.                                (13) OJ  No L  333, 31 . 12. 1993, p. 17.
(3) OJ   No L 1 , 3. 1 . 1994, p. 1 .                              C4)  OJ  No L   152, 18. 6. 1994, p. 16.
(4) OJ   No L 84, 30. 3. 1990, p. 85.                              H    OJ  No L   192, 28. 7. 1994, p. 24.
O   OJ   No L 265, 15. 10. 1994, p. 3.                             (16) OJ  No L  263, 19. 9. 1991 , p. 1 .
(6) OJ   No L 319, 21 . 12. 1993, p. 1 .                           H    OJ  No L  387, 31 . 12. 1992, p. 1 .
O   OJ   No L 319, 21 . 12. 1993, p. 4.                            (")  OJ  No L  22, 31 . 1 . 1995, p. 1 .
(») OJ   No L 56, 29. 2. 1992, p. 9.                               H    OJ  No L  108, 1 . 5. 1993, p. 106.
O   OJ   No L 200, 10. 8. 1993, p. 5.                              (20) OJ  No L  24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- 31 . 3 . 95      fENl               Official Journal of the European Communities                           No L 71 /57
HAS ADOPTED THIS REGULATION :                                                         Article 2
                        Article 1
The import levies on live cattle and beef and veal other
than frozen meat shall be as set out in the Annex to the
present Regulation .                                          This Regulation shall enter into force on 3 April 1995.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 March 1995.
                                                                      For the Commission
                                                                        Franz FISCHLER
                                                                   Member of the Commission
 ---pagebreak---  No L 71 /58             FEN                     Official Journal of the European Communities                                                31 . 3 . 95
                                                                        ANNEX
                      to the Commission Regulation of 30 March 1995 fixing the import levies on live cattle and
                                                        on beef and veal other than frozen
                                                                                                                                           (ECU/100 kg)
                                             Croatia / Slovenia /        I
              CN code                        Bosnia-Herzegovina /                       Switzerland                     Other third countries (2)
                                               Former Yugoslav
                                          Republic of Macedonia (3)
                                                                                    — Live weight —
            0102 90 05                                                                       0                               1 58,71 0 (')
            0102 90 21                                —
                                                                                             0                               1 58,710 (')
            0102 90 29                                —
                                                                                             0                               158,710 0
            0102 90 41                                —
                                                                                             0                               158,710 C) (0
            0102 90 49                                —
                                                                                             0                               158,710 00
            0102 90 51                              27,844                                   0                               158,710 0
            0102 90 59                              27,844                                   0                               158,710 0
            0102 90 61                                —
                                                                                             0                               158,710 0
            0102 90 69                                —   .                                  0                               158,710 0
            0102 90 71                              27,844                                   0                               158,710 0
            0102 90 79                              27,844                                   0                               158,710 0
                                                                                    — Net weight —
             0201 10 00                             52,903                                   0                              301,548 0 0
            0201 20 20                              52,903                                   0                              301,548(')O
            0201 20 30                             42,323                                    0                              241,239 O 0
            0201 20 50                              63,484                                   0                              361,858 00
            0201 20 90                                —
                                                                                             0                              452,322 O 0
            0201 30 00                                —
                                                                                            0                               517,394 0 O 0
            0206 10 95                                —                                     0                               517,394 0 0
            0210 20 10                                —
                                                                                            0                               452,322
            0210 20 90                                —
                                                                                            0                               517,394
            0210 90 41                                —
                                                                                            0                               517,394
            0210 90 90                                —
                                                                                            0                               517,394
            1602 50 10                                —
                                                                                            0                               517,394
            1602 90 61                                —
                                                                                            0                               517,394
(') 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.
(') This levy is applicable only to products complying with the provisions of Commission Regulation (EC) No 207/95.
(4) 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.1 certificates issued in
    accordance with Commission Regulation (EC) No 1390/94 or Regulation (EC) No 1389/94 have been presented, are subject to the levies foreseen in those
    Regulations.
O 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.
(') For imported products falling within these codes, the levy applicable is restricted within the conditions provided for in Council Regulations (EC)
    No 3071 /94 and (EC) No 774/94 and Commission Regulations (EC) No 3241 /94 and (EC) No 3243/94.