CELEX: 31992R3854
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3854/92 of 29 December 1992 fixing the import levies on live cattle and on beef and veal other than frozen

No L 390/62                            Official Journal of the European Communities                                 31 . 12. 92
                                  COMMISSION REGULATION (EEC) No 3854/92
                                                   of 29 December 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
Economic Community,                                              (a) 100 % where the market price is more than or equal
                                                                      to 98 % of the guide price ;
Having regard to Council Regulation (EEC) No 805/68 of           (b) 105 % where the market price is less than 98 % and
27 June 1968 on the common organization of the market                 more than or equal to 96 % of the guide price ;
in beef and veal ('), as last amended by Regulation (EEC)
No 3661 /92 (2), and in particular Article 12 (8) thereof,       (c) 110 % where the market price is less than 96 % and
                                                                      more than or equal to 90 % of the guide price ;
Whereas under Article 9 of Regulation (EEC) No 805/68            (d) 114 % where the market price is less than 90 % of
a levy is applicable to the products specified in Article 1           the guide price ;
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percen­
tage 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 ;
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
cular of the position with respect to supply and demand,         Whereas the guide prices for adult bovine animals for the
of world market prices for frozen meat of a category              1992/93 marketing year were fixed by Council Regulation
which is competitive with fresh or chilled meat and of           (EEC) No 1 377/92 (4) ;
past experience ;
                                                                 Whereas Regulation (EEC) No 586/77 stipulates that the
Whereas if it is found that the price of adult bovine             basic levy is to be calculated according to the method set
animals on representative Community markets is higher             out in its Article 3 and on the basis of all the representa­
than the guide price, the levy applicable equals the follo­       tive free-at-frontier offer prices of the Community deter­
wing percentage of the basic levy :                               mined for the products of each of the categories and cuts
                                                                  specified in Article 2 and established principally by
(a) 75 % where the market price is less than or equal to          reference to the prices specified in the customs docu­
      102 % of the guide price ;                                  ments accompanying products imported from third coun­
(b) 50 % where the market price is more than 102 % and            tries or from other information concerning export prices
      less than or equal to 1 04 % of the guide price ;           obtaining in those third countries ;
(c) 25 % where the market price is more than 104 % and
      less than or equal to 106 % of the guide price ;           Whereas, however, offer prices that do not correspond to
(d) 0 % where the market price is more than 106 % of              real purchasing possibilities or that relate to unrepresenta­
      the guide price ;                                           tive quantitities should not be taken into account :
                                                                 whereas offer prices should also be excluded when the
                                                                  movement of prices in general or the information avai­
Whereas if it is found that the price of adult bovine             lable suggests that they are unrepresentative of the true
animals on representative Community markets is equal to           trend of prices in the country of origin ;
(') OJ No L 148, 28 . 6. 1968, p. 24.                            0 OJ No L 75, 23. 3. 1977, p. 10.
(2) OJ No L 370, 19 . 12. 1992, p. 16.                           (4) OJ No L 147, 29. 5. 1992, p. 6.
 ---pagebreak--- 31 . 12 . 92                            Official Journal of the European Communities                            No L 390 /63
Whereas in cases where for one or more categories of              Whereas pursuant to Article 12 (6) of Regulation (EEC)
bovine animals or cuts of meat a free-at-frontier offer           No 805/68 the price of adult bovine animals on represen­
price cannot be established, the most recent available            tative Community markets is the price established on the
price should be used for the calculation ;                        basis of prices recorded over a period to be determined on
                                                                  the representative market or markets of each Member
                                                                  State in respect of the various categories of adult bovine
Whereas if the free-at-frontier offer price differs by less       animals or of meat from such animals, after taking into
than ECU 0,60 per 100 kilograms of live weight from that          account the size of each of these categories and the rela­
                                                                  tive size of the bovine herd of each Member State ;
previously used for the calculation of the levy, the latter
price should be retained ;
Whereas pursuant to Article 10 (3) of Regulation (EEC)            Whereas the representative markets, categories and quali­
No 805/68 a special basic levy is determined for certain          ties of products and weighting coefficients are fixed in
third countries on the basis of the difference between the
                                                                  Annex II to Commission Regulation (EEC) No 610/77 of
guide price and the average price recorded over a certain         18 March 1977 on the determination of prices of adult
period plus the amount of the customs duty ;                      bovine animals on representative Community markets
                                                                  and the survey of prices of certain other cattle in the
                                                                  Community (4), as last amended by Regulation (EEC) No
Whereas Commission Regulation (EEC) No 611 /77 ('), as            1615/92 0 ;
last amended by Regulation (EEC) No 1 049/92 (2),
provides that the special levy on products originating in
and coming from Austria, Sweden and Switzerland should
be determined on the basis of the weighted average of the
prices of adult bovine animals recorded on the representa­        Whereas, for Member States with several representative
tive markets of those third countries ; whereas the               markets, the price of each category and quality is equal to
weighting coefficients and representative markets are             the arithmetic mean of the prices recorded on each of
specified in the Annexes to Regulation (EEC) No 611 /77 ;         those markets ; whereas, for representative markets held
                                                                  several times in one period of seven days, the price of
                                                                  each category and quality is equal to the arithmetic mean
Whereas Council Decision 92/232/ EEC of 1 October                 of the prices recorded on each market day ; whereas in
1991 on the conclusion of an Agreement in the form of             respect of Italy the price of each category and quantity is
an exchange of letters between the European Economic              equal to the average, weighted by the special weighting
Community and the Republic of Austria concerning the              coefficients fixed in Annex II to Regulation (EEC) No
adjustment of the Community import arrangements                   610/77, of the prices recorded in the surplus and deficit
applicable to certain beef and veal sector products origi­        zones ; whereas the price recorded in the surplus zone is
nating in Austria (3) lays down new provisions on prefe­          equal to the arithmetic mean of the prices recorded on
rential imports under a separate tariff quota ; whereas this      each of the markets within that zone ; whereas in respect
must be taken into account when the levies are fixed :            of the United Kingdom the weighted average prices of
                                                                  adult bovine animals recorded on the representative
                                                                  markets of Great Britain on the one hand and Northern
                                                                  Ireland on the other are adjusted by the coefficient fixed
Whereas the average price is not to be used for calcula­          in the abovementioned Annex II :
ting the special levy unless it is at least ECU 1,21 per 100
kilograms of live weight more than the free-at-frontier
offer price determined in accordance with Article 10 (2) of
Regulation (EEC) No 805/68 ;
                                                                  Whereas prices for the different categories and qualities
                                                                  not obtained from prices which are 'live weight excluding
Whereas if the average price differs by less than ECU 0,60        tax' are multiplied by the live weight conversion coeffi­
per 100 kilograms of live weight from that previously             cients fixed in Annex II to the said Regulation and, in the
used to calculate the levy, the latter may be retained ;          case of Italy, are first increased or reduced by the correc­
                                                                  tive amounts fixed in the said Annex ;
Whereas in cases where one or more of the abovemen­
tioned third countries adopt, for reasons of health for
example, measures affecting the prices recorded on their
markets, the Commission may use the latest prices                 Whereas if one or more Member States, for veterinary or
recorded before the entry into force of such measures ;           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 .
0 OJ No L 111 , 29. 4. 1992, p. 16.                               0 OJ No L 170, 25. 6. 1992, p. 16.
 ---pagebreak--- No L 390/ 64                            Official Journal of the European Communities                                  31 . 12 . 92
Commission may disregard the prices recorded on the               overseas countries and territories with the European
market or markets in question, or use the latest prices           Economic Community (8), no levies shall apply on
recorded on the market or markets in question before the          imports of products originating in the overseas countries
entry into force of such measures ;                               and territories ; Whereas the various cuts of beef and veal
                                                                  are defined in Regulation (EEC) No 586/77 ;
Whereas, in the absence of information, prices recorded
on representative Community markets are determined                Whereas, pursuant to Article 33 (2) of Regulation (EEC)
mainly by reference to the most recently recorded prices ;         No 805/68 , the nomenclature provided for in this Regula­
                                                                  tion is incorporated in the combined nomenclature ;
Whereas for such period as the price of adult bovine              Whereas the levies and special levies are fixed before the
animals recorded on representative Community markets               27th day of each month and are applicable from the first
differs by less than ECU 0,24 per 100 kilograms of live           Monday of the following month ; whereas these levies
weight from the price previously used, the latter is              may be altered in the period between two fixings where
retained ;                                                        the basic levy or special basic levy is altered, or in the case
                                                                  of changes in the prices recorded on Community repre­
                                                                  sentative markets ;
Whereas the levies must be so fixed that obligations
arising from international agreements concluded by the            Whereas the representative market rates defined in Article
Community continue to be fulfilled ; whereas the levies            1 of Council Regulation (EEC) No 3813/92 f) are used to
fixed must be consistent with international agreements            convert amounts expressed in third country currencies
entered into by the Community ;                                   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
                                                                  tion of these conversions were set by Commission Regu­
Whereas Council Regulation (EEC) No 715/90 ('), as last           lation (EEC) No 3819/92 (10) ;
amended by Regulation (EEC) No 297/91 (2), lays down
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural       Whereas, having regard to the provisions of the aforemen­
products originating in the African, Caribbean and Pacific         tioned Regulation, and in particular to the information
States :                                                          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,
Whereas Council Regulations (EEC) No 518 /92 (3), (EEC)
No 519/92 (4) and (EEC) No 520/92 (5) of 27 February
1992 on certain procedures for applying the Interim
Agreements on trade and trade-related matters between              HAS ADOPTED THIS REGULATION :
the European Economic Community and the European
Coal and Steel Community, of the one part, and the
Republic of Poland, the Republic of Hungary and the
Czech and Slovak Federal Republic respectively, of the
other part, introduce arrangements for reducing import                                      Article 1
levies on certain products ; whereas Commission Regula­
tion (EEC) No 98 1 /92 (6), as amended by Regulation
(EEC) No 982/92 (7), lays down detailed rules for applying        The import levies on live cattle and beef and veal other
the arrangements provided for in these agreements in              than frozen meat shall be as set out in the Annex to the
regards beef ;                                                    present Regulation .
Whereas, pursuant to Article 101 ( 1 ) of Council Decision
91 /482/EEC of 25 July 1991 on the association of the                                       Article 2
(') OJ   No L 84, 30. 3. 1990, p. 85.
(2) OJ   No L 36, 8 . 2. 1991 , p. 9 .                            This Regulation shall enter into force on 4 January 1993.
O   OJ   No L 56, 29. 2. 1992, p. 3.
(4) OJ  No  L 56, 29. 2. 1992, p. 6.
(5) OJ  No  L 56, 29. 2. 1992, p. 9.                              (8) OJ No L 263, 19. 9. 1991 , p. 1 .
O   OJ  No  L 104, 22. 4. 1992, p. 34.                            O OJ No L 387, 31 . 12. 1992, p. 1 .
0   OJ  No  L 104, 22. 4. 1992, p. 38 .                           H OJ No L 387, 31 . 12. 1992.
 ---pagebreak--- 31 . 12. 92                            Official Journal of the European Communities                                              No L 390/65
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 29 December 1992.
                                                                                    For the Commission
                                                                                      Ray MAC SHARRY
                                                                               Member of the Commission
                                                                 ANNEX
            to the Commission Regulation of 29 December 1992 fixing the import levies on
                                     live cattle and on beef and veal other than frozen
                                                                                                                    (ECU/100 kg)
                       CN code                      Austria (■')         Sweden/Switzerland                  countries'^
                                                                          — Live weight —
                     0102 90 05                      17,469                     23,054                        1 34,374 (')
                     0102 90 21                      17,469                     23,054                        134,374 (')
                     0102 90 29                      17,469                     23,054                        1 34,374 (')
                     0102 90 41                      17,469                     23,054                        134,374 (')
                     0102 90 49                      17,469                     23,054                        1 34,374 (')
                     010290 51                       17,469                     23,054                        134,374 ( ! )
                     0102 90 59                      17,469                     23,054                        1 34,374 (')
                     0102 90 61                      17,469                     23,054                        134,374 (')
                     0102 90 69                      17,469                     23,054                        1 34,374 (')
                     0102 90 71                      17,469                     23,054                        134,374 (')
                     0102 90 79                      17,469                     23,054                        1 34,374 (')
                                                                          — Net weight —
                     0201  10 00                     33,190                     43,803                        255,31 1 (4)
                     0201  20 20                     33,190                     43,803                        255,31 1 (4)
                     0201  20 30                     26,552                     35,042                        204,248 (4)
                     0201  20 50                     39,828                     52,563                        306,373 (4)
                     0201  20 90                     49,786                     65,705                        382,966 (4)
                     0201  30 00                     56,948                     75,157                        438,060 (4)
                     0206 10 95                      56,948                     75,157                        438,060
                     0210  20   10                   49,786                     65,705                        382,966
                     0210  20  90                    56,948                     75,157                        438,060
                     0210  90  41                    56,948                     75,157                        438,060
                     0210  90  90                    56,948                     75,157                        438,060
                      1602 50   10                   56,948                     75,157                        438,060
                      1602 90 61                     56,948                     75,157                        438,060
            (') 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.
            C) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and
                Austria (OJ No L 111 , 29 . 4. 1992, p. 21 ).
            (4) Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­
                ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued
                in accordance with Regulation (EEC) No 898 /92 have been presented , are subject to the levies set out in the
                Annex to that Regulation .