CELEX: 31994R0723
Language: en
Date: 1994-03-31 00:00:00
Title: Commission Regulation (EC) No 723/94 of 30 March 1994 fixing the import levies on live cattle and on beef and veal other than frozen

No L 87/8                             Official Journal of the European Communities                                  31 . 3 . 94
                                    COMMISSION REGULATION (EC) No 723/94
                                                    of 30 March 1994
                     fixing the import levies on live cattle and on beef and veal other than frozen
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      or less than the guide price, the levy applicable equals the
                                                                 following percentage of the basic levy :
Having regard to the Treaty establishing the European
Community,                                                      (a) 100 % where the market price is more than or equal
                                                                      to 98 % of the guide price ;
                                                                 (b) 105 % where the market price is less than 98 % and
Having regard to Council Regulation (EEC) No 805/68 of                more than or equal to 96 % of the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EC)         (c) 110 % where the market price is less than 96 % and
No 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
Whereas, pursuant to Article 9 of Regulation (EEC) No                 the guide price ;
805/68, a levy is applicable to the products specified in
Article 1 ( 1 ) (a) of that Regulation ; whereas Article 12
fixes the amount of the levy applicable by reference to a
percentage of the basic levy ;                                   Whereas pursuant to Article 10 (4) of Regulation (EEC)
                                                                 No 805/68 the basic levy on the meat specified in
                                                                 sections (a), (c) and (d) of the Annex hereto is equal to the
Whereas in respect of bovine animals the basic levy is           basic levy determined for bovine animals, multiplied by a
determined on the basis of the difference between the            standard coefficient fixed for each of the products in
guide price and the Community free-at-frontier offer             question ; whereas these coefficients are fixed by
price plus the amount of the customs duty ; whereas the          Commission Regulation (EEC) No 586/77 of 18 March
Community free-at-frontier offer price is determined in           1977 laying down rules for the application of levies on
the light of the most representative purchasing possibili­       beef and veal and amending Regulation (EEC) No 950/68
ties, as regards quality and quantity, recorded over a           on the Common Customs Tariff (3), as last amended by
certain period for bovine animals and for the fresh or           Regulation (EEC) No 3661 /92 (4) ;
chilled meat specified in section (a) of the Annex to the
said Regulation under CN codes 0201 10 00, 0201 10 90,
0201 20 20 to 0201 20 50, account being taken in parti­          Whereas the guide prices for adult bovine animals for the
cular of the position with respect to supply and demand,          1993/94 marketing year were fixed by Council Regulation
 of world market prices for frozen meat of a category            (EEC) No 1 563/93 0 ; whereas Council Regulation (EC)
which is competitive with fresh or chilled meat and of           No 719/94 (6) extends the commercialization of 1993/94
past experience ;                                                until 30 June 1994 ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is higher            Whereas Commission Regulation (EEC) No 1753/93 0
 than the guide price, the levy applicable equals the fol­        determines certain prices fixed in ecus in the beef and
 lowing percentage of the basic levy :                           veal sector as a result of the monetary realignments in the
                                                                  1992/93 marketing year ;
 (a) 75 % where the market price is less than or equal to
     102 % of the guide price ;
                                                                  Whereas Regulation (EEC) No 586/77 stipulates that the
 (b) 50 % where the market price is more than 102 % and           basic levy is to be calculated according to the method set
     less than or equal to 1 04 % of the guide price ;            out in its Article 3 and on the basis of all the representa­
                                                                  tive free-at-frontier offer prices of the Community deter­
 (c) 25 % where the market price is more than 104 % and           mined for the products of each of the categories and cuts
      less than or equal to 1 06 % of the guide price ;           specified in Article 2 and established principally by
 (d) 0 % where the market price is more than 106 % of             reference to the prices specified in the customs docu­
      the guide price ;                                           ments accompanying products imported from third coun­
                                                                  tries or from other information concerning export prices
                                                                  obtaining in those third countries ;
 Whereas if it is found that the price of adult bovine
  animals on representative Community markets is equal to         0   OJ  No L 75, 23. 3. 1977, p. 10.
                                                                  (4) OJ  No L 370, 19. 12. 1992, p. 16.
                                                                  0   OJ  No L 154, 25. 6. 1993, p. 35.
 (') OJ No L 148, 28. 6. 1968, p. 24.                             (6) See page 1 of this Official Journal.
 (4 OJ No L 328, 29. 12. 1993, p. 7.                              0   OJ  No L 161 , 2. 7. 1993, p. 44.
 ---pagebreak--- 31 . 3 . 94                               Official Journal of the European Communities                                No L 87/9
Whereas, however, offer prices that do not correspond to            example, measures affecting the prices recorded on their
real purchasing possibilities or that relate to unrepresenta­       markets, the Commission may use the latest prices
tive quantities should not be taken into account ; offer            recorded before the entry into force of such measures ;
prices should also be excluded when the movement of
prices in general or the information available suggests that
they are unrepresentative of the true trend of prices in the
country of origin ;                                                 Whereas pursuant to Article 12 (6) of Regulation (EEC)
                                                                     No 805/68 the price of adult bovine animals on represen­
                                                                    tative Community markets is the price established on the
Whereas in cases where for one or more categories of                 basis of prices recorded over a period to be determined on
bovine animals or cuts of meat a free-at-frontier offer              the representative market or markets of each Member
price cannot be established, the most recent available               State in respect of the various categories of adult bovine
price should be used for the calculation ;                           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 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 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            18 March 1977 on the determination of prices of adult
third countries on the basis of the difference between the           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 (4), as last amended by Regulation (EEC) No
                                                                     1460/93 (*) ;
Whereas Commission Regulation (EEC) No 611 /77 ('), as
 last amended by Regulation (EEC) No 1049/92 (2),
 provides that the special levy on products originating in           Whereas, for Member States with several representative
 and coming from Austria, Sweden and Switzerland should              markets, the price of each category and quality is equal to
 be determined on the basis of the weighted average of the           the arithmetic mean of the prices recorded on each of
 prices of adult bovine animals recorded on the representa­          those markets ; whereas, for representative markets held
 tive markets of those third countries ; whereas the                 several times in one period of seven days, the price of
weighting coefficients and representative markets are                each category and quality is equal to the arithmetic mean
 specified in the Annexes to Regulation (EEC) No 61 1 /77 ;          of the prices recorded on each market day ; whereas in
                                                                     respect of Italy the price of each category and quantity is
                                                                     equal to the average, weighted by the special weighting
 Whereas Council Decision 92/232/EEC of 1 October                    coefficients fixed in Annex II to Regulation (EEC) No
  1991 on the conclusion of an Agreement in the form of              610/77, of the prices recorded in the surplus and deficit
 an exchange of letters between the European Economic                zones ; whereas the price recorded in the surplus zone is
 Community and the Republic of Austria concerning the                equal to the arithmetic mean of the prices recorded on
 adjustment of the Community import arrangements                     each of the markets within that zone ; whereas in respect
 applicable to certain beef and veal sector products origi­          of the United Kingdom the weighted average prices of
 nating in Austria (3) lays down new provisions on prefe­            adult bovine animals recorded on the representative
 rential imports under a separate tariff quota ; whereas this         markets of Great Britain on the one hand and Northern
  must be taken into account when the levies are fixed ;              Ireland on the other are adjusted by the coefficient fixed
                                                                      in the abovementioned Annex II ;
 Whereas the average price is not to be used for calcula­
  ting the special levy unless it is at least ECU 1,21 per 100
  kilograms of live weight more than the free-at-frontier            Whereas prices for the different categories and qualities
  offer price determined in accordance with Article 10 (2) of         not obtained from prices which are 'live weight excluding
  Regulation (EEC) No 805/68 ;                                        tax' are multiplied by the live weight conversion coeffi­
                                                                      cients fixed in Annex II to the said Regulation and, in the
  Whereas if the average price differs by less than ECU 0,60          case of Italy, are first increased or reduced by the correc­
                                                                      tive amounts fixed in the said Annex ;
  per 100 kilograms of live weight from that previously
  used to calculate the levy, the latter may be retained ;
  Whereas in cases where one or more of the abovemen­                 Whereas if one or more Member States, for veterinary or
  tioned third countries adopt, for reasons of health for             health reasons for example, adopt measures affecting the
                                                                      normal trend of prices recorded on their markets the
  (') OJ No L 77, 25. 3. 1977, p. 14.
  0 OJ No L 111 , 29. 4. 1992, p. 7.                                  0 OJ No L 77, 25 . 3. 1977, p. 1 .
  (3) OJ No L 111 , 29. 4. 1992, p. 16.                               (j OJ No L 143, 15. 6. 1993, p. 5.
 ---pagebreak--- No L 87/ 10                                Official Journal of the European Communities                                     31 . 3. 94
Commission may disregard the prices recorded on the                  Whereas Council Regulations (EC) No 3491 /93 (8) and
market or markets in question, or use the latest prices              (EC) No 3492/93 (9), on certain procedures for applying
recorded on the market or markets in question before the             the Europe Agreement establishing an association
entry into force of such measures ;                                  between the European Communities and their Member
                                                                     States, of the one part, and the Republics of Hungary and
                                                                     Poland, of the other part, and Council Regulation (EEC)
Whereas, in the absence of information, prices recorded              No 520/92 of 27 February 1992 on certain rules for
on representative Community markets are determined                   applying the Interim Agreement on trade and trade­
mainly by reference to the most recently recorded prices ;           related matters between the European Economic Commu­
                                                                      nity and the European Coal and Steel Community, of the
                                                                      one part, and the Czech and Slovak Federal Republic, of
Whereas for such period as the price of adult bovine                  the other part (10), as amended by Regulation (EEC) No
animals recorded on representative Community markets                  2235/93 (n), and in particular Article 1 thereof introduce
differs by less than ECU 0,24 per 100 kilograms of live               arrangements for reducing import levies on certain
weight from the price previously used, the latter is                  products ; whereas Commission Regulation (EEC) No
retained ;                                                            2697/93 (12), as amended by Regulation (EC) No 3358/93
                                                                     (13), lays down detailed rules for applying the import
                                                                      arrangements provided for in these agreements as regards
Whereas the levies must be so fixed that obligations                  beef ;
arising from international agreements concluded by the
Community continue to be fulfilled ; whereas the levies
fixed must be consistent with interim agreements entered              Whereas Council Regulations (EC) No 3641 /93 (H) and
into by the Community ; whereas account should also be                (EC) No 3642/93 (1J) on certain rules for applying the
taken of Council Regulation (EC) No 3698/93 of 22                     Interim Agreement on trade and trade-related matters
December 1993 concerning the arrangements applicable                  between the European Economic Community and the
to the import into the Community of products origina­                 European Coal and Steel Community, of the one part,
ting in the Republics of Bosnia-Herzegovina, Croatia and              and the Republic of Bulgaria and Romania, of the other
Slovenia and the former Yugoslav Republic of Macedo­                  part ; whereas Commission Regulation (EC) No 346/94 (16)
nia ('), which provides for reductions in the levies on               lays down detailed rules for applying the arrangements
certain products of the beef and veal sector imported into            provided for in these agreements as regards beef ;
the Community ; whereas Commission Regulation (EC)
No 250/94 (2) establishes detailed rules for the importa­
tion of these products ;                                              Whereas, pursuant to Article 101 (1 ) of Council Decision
                                                                      91 /482/EEC of 25 July 1991 on the association of the
                                                                      overseas countries and territories with the European
Whereas, in addition, account must be taken of Decision               Economic Community (17) no levies shall apply on
94/ 1 /ECSC, EC of the Council and Commission (3),                    imports of products originating in the overseas countries
 concerning the conclusion of the Agreements on the                   and territories ;
 European Economic Area, between the European
 Community, the European Coal and Steel Community
and their Member States, on the one hand, and Austria,                Whereas the various cuts of beef and veal are defined in
 Finland, Iceland, Norway, Sweden and Liechtenstein, on                Regulation (EEC) No 586/77 ;
 the other hand, hereafter referred to as the 'EEA Agree­
 ment' ; whereas the Bilateral Agreements on agriculture
 between the Community, on the one hand, and Austria
 and Finland, on the other hand, enter into force at the              Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 same time as the EEA Agreement ; whereas Commission                   No 805/68 , the nomenclature provided for in this Regula­
 Regulation (EC) No 266/94 (4), as amended by Regulation               tion is incorporated in the combined nomenclature ;
 (EC) No 394/94 0, lays down for 1994 detailed rules for
 the application of the import arrangements for these                  Whereas the levies and special levies are fixed before the
 products originating in Sweden ;                                      27th day of each month and are applicable from the first
                                                                       Monday of the following month ; whereas these levies
 Whereas Council Regulation (EEC) No 715/90 (*), as last               may be altered in the period between two fixings where
  amended by Regulation (EC) No 235/94 Q, lays down the                the basic levy or special basic levy is altered, or in the case
  arrangements applicable on agricultural products and                 of changes in the prices recorded on Community repre­
                                                                       sentative markets ;
  certain goods resulting from the processing of agricultural
  products originating in the African, Caribbean and Pacific
  States :                                                             (8) OJ No L 319, 21 . 12. 1993, p. 1 .
                                                                       0 OJ No L 319, 21 . 12. 1993, p. 4.
                                                                       H OJ No L 56, 29. 2. 1992, p. 9.
  (') OJ   No L 344, 31 . 12. 1993, p. 1 .                             (") OJ No L 200, 10. 8. 1993, p. 5.
  0   OJ   No L 31 , 4. 2. 1994, p. 8.                                 (t2) OJ No L 245, 1 . 10. 1993, p. 75.
  (3) OJ   No L 1 , 3. 1 . 1994, p. 1 .                                H OJ No L 324, 24. 12. 1993, p. 38.
  (4) OJ   No L 32, 5. 2. 1994, p. 9.                                  (14) OJ No L 333, 31 . 12. 1993, p. 16.
  0   OJ   No L 53, 24. 2. 1994, p. 13.                                H OJ No L 333, 31 . 12. 1993, p. 17.
  (4 OJ No L 84, 30. 3. 1990, p. 85.                                   (16) OJ No L 44, 17. 2. 1994, p. 15.
  0 OJ No L 30, 3. 2. 1994, p. 12.                                     (17) OJ No L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak--- 31 . 3. 94                               Official Journal of the European Communities                           No L 87/ 11
Whereas the representative market rates defined in Article         HAS ADOPTED THIS REGULATION :
1 of Council Regulation (EEC) No 3813/92 ('), as
amended by Regulation (EC) No 3528/93 (2), are used to
convert amounts expressed in third country currencies
                                                                                           Article 1
and are used as the basis for determining the agricultural
conversion rates of the Member States' currencies ;
whereas detailed rules on the application and determina­           The import levies on live cattle and beef and veal other
tion of these conversions were set by Commission Regu­             than frozen meat shall be as set out in the Annex to the
lation (EEC) No 1068/93 (3), amended by REgulation (EC)            present Regulation.
No 547/94 (4);
Whereas, having regard to the provisions of the aforemen­
tioned Regulation, and in particular to the information                                    Article 2
and quotations known to the Commission, the levies on
live cattle and beef and veal other than frozen meat
should be as set out in the Annex hereto,                          This Regulation shall enter into force on 4 April 1994.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 30 March 1994.
                                                                            For the Commission
                                                                              Rene STEICHEN
                                                                        Member of the Commission
  (<) OJ No L 387, 31 . 12. 1992, p. 1 .
  R OJ No L 320, 22. 12. 1993, p. 32.
  (3) OJ No L 108, 1 . 5. 1993, p. 106.
  M OJ No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- No L 87/ 12                                      Official Journal of the European Communities                                                    31 . 3 . 94
                                                                          ANNEX
                       to the Commission Regulation of 30 March 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 /
                                          Former Yugoslav
                                                                            Austria (4)              Sweden/Switzerland       Other third countries (2)
                                     Republic of Macedonia (3)
                                                                                        — Live weight
           0102 90 05                            —                           17,086                       0,000                     131,433 (')
           0102 90 21                            —                           17,086                       0,000                     131,433 (')
           0102 90 29                            —                           17,086                       0,000                     131,433 (')
           0102 90 41                            —                           17,086                       0,000                     131,433 (') (6)
           0102 90 49                            —                           17,086                       0,000                     131,433 (') (6)
           0102 90 51                          23,058                        17,086                       0,000                     131,433 (')
           0102 90 59                          23,058                        17,086                       0,000                     131,433 (')
           0102 90 61                            —                           17,086                       0,000                     131,433 (')
           0102 90 69                            —                           17,086                       0,000                     131,433 (')
           0102 90 71                          23,058                        17,086                       0,000                     131,433 (')
           0102 90 79                          23,058                        17,086                       0,000                     131,433 (')
                                                                                        — Net weight —
           0201 10 00                          43,811                        32,464                       0,000 0                   249,723 (') 0
           0201 20 20                          43,811                        32,464                       0,000 Q                   249,723 (') 0
           0201 20 30                          35,049                        25,971                        0,000 0                  199,778 00
           0201 20 50                          52,573                        38,957                        0,000 0                  299,667 0 0
           0201 20 90                            —                           48,696                        0,000 0                  374,583 (') 0
            0201 30 00                           —                           55,701                        0,000 0                  428,471 00
            0206 10 95                           —                           55,701                        0,000                    428,471 0
            0210 20 10                           —                           48,696                        0,000                    374,583
            0210 20 90                           —                           55,701                        0,000                    428,471
            0210 90   41                         —                           55,701                        0,000                    428,471
            0210 90   90                         —                           55,701                        0,000                    428,471
            1602 50   10                         —                           55,701                        0,000                    428,471
            1602 90   61                         —                           55,701                        0,000                    428,471
(') In accordance with amended Regulation (EEC) No 715/90, levies are not applied to products imported directly into the French overseas departments,
    originating in the African, Caribbean and Pacific States.
(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 ).
(*) Products falling within this code, imported from Poland and Hungary under the Agreements concluded between those countries and the Community and
    the Interim Agreements between the Czech Republic, the Slovak Republic, Bulgaria and Romania and the Community and the Interim Agreements
    between the Czech Republic, the Slovak Republic, Bulgaria and Romania and the Community, and in respect of which EUR.l certificates issued in accor­
    dance with Commission Regulation (EEC) No 2697/93, amended, or Regulation (EC) No 346/94 have been presented, are subject to the levies foreseen in
    those Regulations.
(6) Products falling within this code, imported from Poland or Hungary under the Agreements concluded between those countries and the Community and
    the Interim Agreements between the Czech Republic, the Slovak Republic and the Community, and in respect of which EUR.l certificates issued in
    accordance with Commission Regulation (EEC) No 358/94 (OJ No L 46, 18. 2. 1994, p. 34) have been presented, are subject to the levies foreseen in that
    Regulation.
(J The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 346, 31 . 12. 1993, p. 36) and Regulation (EC)
    No 266/94.