CELEX: 31992R0853
Language: en
Date: 1992-04-04 00:00:00
Title: Commission Regulation (EEC) No 853/92 of 3 April 1992 fixing the import levies on live cattle and on beef and veal other than frozen

4. 4. 92                             Official Journal of the European Communities                               No L 89/ 11
                                  COMMISSION REGULATION (EEC) No 853/92
                                                     of 3 April 1992
                    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
Economic 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 (EEC)      (c) 110 % where the market price is less than 96 % and
No 1628/91 (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 under Article 9 of Regulation (EEC) No 805/68               the guide price ;
a levy is applicable to the products specified in Article 1
(1) (a) of that Regulation ; whereas Article 12 fixes the      Whereas pursuant to Article 10 (4) of Regulation (EEC)
amount of the levy applicable by reference to a percen­         No 805/68 the basic levy on the meat specified in
tage of the basic levy ;                                        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 3988/87 (<);
certain period for bovine animals and for the fresh or
chilled meat specified in section (a) of the Annex to the       Whereas the guide prices for adult bovine animals for the
said Regulation under CN codes 0201 10 10, 0201 10 90,          1991 /92 marketing year were fixed by Council Regulation
0201 20 11 and 0201 20 19, account being taken in parti­        (EEC) No 1629/91 (*); whereas Council Regulation (EEC)
cular of the position with respect to supply and demand,        No 786/92 (6) has extended the 1991 /92 marketing year
of world market prices for frozen meat of a category            for beef and veal until 31 May 1992 ;
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 follo­     mined for the products of each of the categories and cuts
wing 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
(b) 50 % where the market price is more than 102 % and          obtaining in those third countries ;
     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 ;
(d) 0 % where the market price is more than 106 % of            whereas offer prices should also be excluded when the
     the guide price ;                                          movement of prices in general or the information avai­
                                                                lable 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
                                                                0   OJ No   L  75, 23. 3. 1977, p. 10.
                                                                (4) OJ No   L  376, 31 . 12. 1987, p. 31 .
(') OJ No L 148, 28. 6. 1968, p. 24.                            0   OJ No   L  150, 15. 6. 1991 , p. 18 .
0 OJ No L 150, 15. 6. 1991 , p. 16.                             O   OJ No   L  86, 1 . 4. 1992, p. 1 .
 ---pagebreak--- No L 89/ 12                             Official Journal of the European Communities                                  4. 4. 92
Whereas in cases where for one or more categories of              Annex 11 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 (3), as last amended by Regulation (EEC) No
                                                                  3071 /91 (4) ;
Whereas if the free-at-frontier offer price differs by less
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, for Member States with several representative
                                                                  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
                                                                  coefficients fixed in Annex II to Regulation (EEC) No
Whereas Commission Regulation (EEC) No 61 1 /77 (*), as           610/77, of the prices recorded in the surplus and deficit
amended by Regulation (EEC) No 925/77 (2), provides               zones ; whereas the price recorded in the surplus zone is
that the special levy on products originating in and              equal to the arithmetic mean of the prices recorded on
coming from Austria, Sweden and Switzerland should be             each of the markets within that zone ; whereas in respect
determined on the basis of the weighted average of the            of the United Kingdom the weighted average prices of
prices of adult bovine animals recorded on the representa­        adult bovine animals recorded on the representative
tive markets of those third countries ; whereas the               markets of Great Britain on the one hand and Northern
weighting coefficients and representative markets are             Ireland on the other are adjusted by the coefficient fixed
specified in the Annexes to Regulation (EEC) No 61 1 /77 ;        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      Whereas prices for the different categories and qualities
kilograms of live weight more than the free-at-frontier           not obtained from prices which are 'live weight excluding
offer price determined in accordance with Article 10 (2) of       tax' are multiplied by the live weight conversion coeffi­
Regulation (EEC) No 805/68 ;                                      cients fixed in Annex II to the said Regulation and, in the
                                                                  case of Italy, are first increased or reduced by the correc­
                                                                  tive amounts fixed in the said Annex :
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 if one or more Member States, for veterinary or
                                                                  health reasons for example, adopt measures affecting the
Whereas in cases where one or more of the abovemen­               normal trend of prices recorded on their markets the
tioned third countries adopt, for reasons of health for           Commission may disregard the prices recorded on the
example, measures affecting the prices recorded on their          market or markets in question, or use the latest prices
markets, the Commission may use the latest prices                 recorded on the market or markets in question before the
recorded before the entry into force of such measures ;           entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)
No 805/68 the price of adult bovine animals on represen­          Whereas, in the absence of information, prices recorded
tative Community markets is the price established on the          on representative Community markets are determined
basis of prices recorded over a period to be determined on        mainly by reference to the most recently recorded prices ;
the representative market or markets of each Member
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
tive size of the bovine herd of each Member State ;               Whereas for such period as the price of adult bovine
                                                                  animals recorded on representative Community markets
                                                                  differs by less than ECU 0,24 per 100 kilograms of live
Whereas the representative markets, categories and quali­         weight from the price previously used, the latter is
ties of products and weighting coefficients are fixed in          retained :
(») OJ No L 77, 25. 3. 1977, p. 14.                               (3) OJ No L 77, 25. 3. 1977, p. 1 .
f) OJ No L 109, 30. 4. 1977, p. 1 .                               (4) OJ No L 290, 22. 10. 1991 , p. 19.
 ---pagebreak--- 4. 4. 92                                 Official Journal of the European Communities                                No L 89/ 13
Whereas the levies must be so fixed that obligations               Whereas the levies and special levies are fixed before the
arising from international agreements concluded by the             27th day of each month and are applicable from the first
Community continue to be fulfilled ; whereas the levies            Monday of the following month ; whereas these levies
fixed must be consistent with international agreements             may be altered in the period between two fixings where
entered into by the Community ; whereas account should             the basic levy or special basic levy is altered, or in the case
also be taken of Council Regulation (EEC) No 545/92 of             of changes in the prices recorded on Community repre­
3 February 1992 concerning the arrangements applicable             sentative markets ;
to the import into the Community of products origina­
ting in the Republics of Croatia and Slovenia and the              Whereas, if the levy system is to operate normally, levies
Yugoslav Republics of Bosnia-Herzegovina, Macedonia                should be calculated on the following basis :
and Montenegro ('), which provides for reductions in the
                                                                   — in the case of currencies which are maintained in rela­
levies on certain products of the beef and veal sector
imported into the Community ; whereas Commission                        tion to each other at any given moment within a band
Regulation (EEC) No 859/92 (2) establishes detailed rules               of 2,25 %, a rate of exchange based on their central
for the importation of these products ;                                 rate, multiplied by the coefficient provided for in the
                                                                        last paragraph of Article 3 (1 ) of Council Regulation
Whereas Council Regulation (EEC) No 715/90 (3), as last                 (EEC) No 1676/85 (*), as last amended by Regulation
amended by Regulation (EEC) No 444/92 (4), lays down                    (EEC) No 2205/90 0,
the arrangements applicable on agricultural products and           — for the other currencies, an exchange rate based on
certain goods resulting from the processing of agricultural             the ecu rates published in the Official Journal of the
products originating in the African, Caribbean and Pacific               European Communities, C series, over a period to be
States ;                                                                determined, multiplied by the coefficient referred to
                                                                        in the preceding indent ;
Whereas, pursuant to Article 101 (1) of Council Decision
91 /482/EEC of 25 July 1991 on the association of the              Whereas, having regard to the provisions of the aforemen­
overseas countries and territories with the European               tioned Regulation, and in particular to the information
Economic Community (% no levies shall apply on                     and quotations known to the Commission, the levies on
                                                                   live cattle and beef and veal other than frozen meat
imports of products originating in the overseas countries
and territories ; whereas, however, pursuant to Article 101        should be as set out in the Annex hereto,
(4) of the abovementioned Decision, a special amount
shall be charged on imports of certain products origina­
ting in the overseas countries and territories in order to          HAS ADOPTED THIS REGULATION :
prevent products originating from these countries and
territories from receiving more favourable treatment than
similar products imported from Spain or Portugal into the                                     Article 1
Community as constituted on 31 December 1985 ;
                                                                   The import levies on live cattle and beef and veal other
Whereas the various cuts of beef and veal are defined in            than frozen meat shall be as set out in the Annex to the
Regulation (EEC) No 586/77 ;                                        present Regulation.
Whereas, pursuant to Article 33 (2) of Regulation (EEC)                                       Article 2
No 805/68, the nomenclature provided for in this Regula­
tion is incorporated in the combined nomenclature ;                This Regulation shall enter into force on 6 April 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 3 April 1992.
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
(') OJ   No L 63, 7. 3. 1992, p. 1 .
(2) See  page 26 of this Official Journal.
(3) OJ   No L 84, 30. 3. 1990, p. 85.
(4) OJ   No L 52, 27. 2. 1992, p. 7.                                (*) OJ No L 164, 24. 6. 1985, p. 1 .
(*) OJ   No L 263, 19. 9. 1991 , p. 1 .                             o OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 89/ 14                              Official Journal of the European Communities                                              4. 4. 92
                                                                  ANNEX
            to the Commission Regulation of 3 April 1992 fixing the import levies on
                                      live cattle and on beef and veal other than frozen
                                                                                                                      (ECU/100 kg)
                                                          Croatia, Slovenia,
                                     ,                  Bosnia-Herzegovina,       Austria/Sweden/               Other third
                                  c e                        Macedonia,              Switzerland                countries (2)
                                                           Montenegro (3)
                                                                                 — Live weight —
                            0102 90 10                            —                    17,790                   (') 131,663
                            0102 90 31                          23,099                 17,790                   (') 131,663
                            0102 90 33                            —                    17,790                    (') 131,663
                            0102 90 35                          23,099                 17,790                    (') 131,663
                            0102 90 37                          23,099                  17,790                   (') 131,663
                                                                                 — Net weight —
                            0201 10 10                            —                    33,801                    0)250,160
                            0201 10 90                          43,888                 33,801                    (') 250,160
                            0201 20 21                            —                    33,801                    (') 250,160
                            0201 20 29                          43,888                 33,801                    (') 250,160
                            0201 20 31                            —                    27,041                    (') 200,128
                            0201 20 39                          35,110                 27,041                    (') 200,128
                            0201 20 51                          52,665                 40,560                    (') 300,192
                            0201 20 59                          52,665                 40,560                    (') 300,192
                            0201 20 90                            —                     50,700                   (') 375,240
                            0201 30 00                            —                    57,994                    (') 429,221
                            020610 95                             —                    57,994                    (*) 429,221
                            0210 20    10                         —                     50,700                       375,240
                            0210 20    90                         —                    57,994                        429,221
                            0210 90    41                         —                     57,994                       429,221
                            0210 90    90                         —                     57,994                       429,221
                             1602 50   10                         —                     57,994                       429,221
                             1602 90   61                         —                     57,994                       429,221
            (') 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 the Commission Regulation (EEC)
                 No 859/92.