CELEX: 31993R0705
Language: en
Date: 1993-03-27 00:00:00
Title: Commission Regulation (EEC) No 705/93 of 26 March 1993 fixing the import levies on live cattle and on beef and veal other than frozen

27. 3 . 93                           Official Journal of the European Communities                               No L 74/ 17
                                   COMMISSION REGULATION (EEC) No 705/93
                                                    of 26 March 1993
                     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 1 25/93 (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, pursuant to Article 9 of Regulation (EEC) No           (d) 114 % where the market price is less than 90 % of
 805/68, a levy is applicable to the products specified in           the guide price ;
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
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 1377192 (s) ; whereas Council Regulation (EEC)
past experience ;                                               No 660/93 (6) has extended the 1992/93 marketing year
                                                                for beef and veal until 30 June 1993 ;
Whereas if it is found that the price of adult bovine
animals on representative Community markets is higher
than the guide price, the levy applicable equals the fol­       Whereas Regulation (EEC) No 586/77 stipulates that the
lowing percentage of the basic levy :                           basic levy is to be calculated according to the method set
                                                                out in its Article 3 and on the basis of all the representa­
                                                                tive free-at-frontier offer prices of the Community deter­
(a) 75 % where the market price is less than or equal to        mined for the products of each of the categories and cuts
     102 % of the guide price ;                                 specified in Article 2 and established principally by
(b) 50 % where the market price is more than 102 % and          reference to the prices specified in the customs docu­
     less than or equal to 104 % of the guide price ;           ments accompanying products imported from third coun­
                                                                tries or from other information concerning export prices
(c) 25 % where the market price is more than 104 % and          obtaining in those third countries ;
     less than or equal to 106 % of the guide price ;
(d) 0 % where the market price is more than 106 % of
     the guide price ;                                          Whereas, however, offer prices that do not correspond to
                                                                real purchasing possibilities or that relate to unrepresenta­
                                                                tive quantities should not be taken into account ; whereas
Whereas if it is found that the price of adult bovine
animals on representative Community markets is equal to
                                                                P) 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.                            (Ó OJ No L 147, 29. 5. 1992, p. 6.
0 OJ No L 18, 27. 1 . 1993, p. 1 .                              (6) OJ No L 71 , 24. 3. 1993, p. 1 .
 ---pagebreak---   No L 74/ 18                            Official Journal of the European Communities                                 27. 3. 93
  offer prices should also be excluded when the movement             whereas pursuant to Article 12 (6) of Regulation (EEC)
  of prices in general or the information available suggests         No 805/68 the price of adult bovine animals on represen­
  that they are unrepresentative of the true trend of prices        tative Community markets is the price established on the
  in the country of origin ;                                        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 in cases where for one or more categories of               animals or of meat from such animals, after taking into
 bovine animals or cuts of meat a free-at-frontier offer
                                                                    account the size of each of these categories and the rela­
 price cannot be established, the most recent available             tive size of the bovine herd of each Member State ;
 price should be used for the calculation ;
 Whereas if the free-at-frontier offer price differs by less
 than ECU 0,60 per 100 kilograms of live weight from that           Whereas the representative markets, categories and quali­
 previously used for the calculation of the levy, the latter        ties of products and weighting coefficients are fixed in
 price should be retained ;                                         Annex II to Commission Regulation (EEC) No 610/77 of
                                                                    18 March 1977 on the determination of prices of adult
                                                                    bovine animals on representative Community markets
Whereas pursuant to Article 10 (3) of Regulation (EEC)              and the survey of prices of certain other cattle in the
 No 805/68 a special basic levy is determined for certain           Community (4), as last amended by Regulation (EEC) No
 third countries on the basis of the difference between the
                                                                    1615/92(0 ;
guide price and the average price recorded over a certain
 period plus the amount of the customs duty ;
Whereas Commission Regulation (EEC) No 61 1 /77 ('), as            Whereas, for Member States with several representative
 last amended by Regulation (EEC) No 1049/92 (2),                   markets, the price of each category and quality is equal to
 provides that the special levy on products originating in          the arithmetic mean of the prices recorded on each of
and coming fr6m Austria, Sweden and Switzerland should              those markets ; whereas, for representative markets held
be determined on the basis of the weighted average of the           several times in one period of seven days, the price of
 prices of adult bovine animals recorded on the representa­         each category and quality is equal to the arithmetic mean
 tive markets of those third countries ; whereas the               of the prices recorded on each market day ; whereas in
weighting coefficients and representative markets are              respect of Italy the price of each category and quantity is
 specified in the Annexes to Regulation (EEC) No 611 /77 ;         equal to the average, weighted by the special weighting
                                                                   coefficients fixed in Annex II to Regulation (EEC) No
                                                                   610/77, of the prices recorded in the surplus and deficit
Whereas Council Decision 92/232/EEC of 1 October
                                                                   zones ; whereas the price recorded in the surplus zone is
 1991 on the conclusion of an Agreement in the form of             equal to the arithmetic mean of the prices recorded on
an exchange of letters between the European Economic               each of the markets within that zone ; whereas in respect
Community and the Republic of Austria concerning the               of the United Kingdom the weighted average prices of
adjustment of the Community import arrangements                    adult bovine animals recorded on the representative
applicable to certain beef and veal sector products origi­         markets of Great Britain on the one hand and Northern
nating in Austria (3) lays down new provisions on prefe­           Ireland on the other are adjusted by the coefficient fixed
rential imports under a separate tariff quota ; whereas this       in the abovementioned Annex II ;
must be taken into account when the levies are fixed ;
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
Whereas in cases where one or more of the abovemen­                health reasons for example, adopt measures affecting the
tioned third countries adopt, for reasons of health for            normal trend of prices recorded on their markets the
example, measures affecting the prices recorded on their           Commission may disregard the prices recorded on the
markets, the Commission may use the latest prices                  market or markets in question, or use the latest prices
recorded before the entry into force of such measures ;            recorded on the market or markets in question before the
                                                                   entry into force of such measures ;
(') OJ No L 77, 25. 3. 1977, p. 14.
0 OJ No L 111 , 29. 4. 1992, p. 7.                                 (4) OJ No L 77, 25. 3. 1977, p. 1 .
(3) OJ No L 111 , 29. 4. 1992, p. 16.                              O OJ No L 170, 25. 6. 1992, p. 16.
 ---pagebreak--- 27. 3 . 93                             Official Journal of the European Communities                                No L 74/ 19
Whereas, in the absence of information, prices recorded          other part, introduce arrangements for reducing import
on representative Community markets are determined               levies on certain products ; whereas Commission Regula­
mainly by reference to the most recently recorded prices ;       tion (EEC) No 3589/92 (8) lays down detailed rules for
                                                                 applying the arrangements provided for in these agree­
                                                                 ments as regards beef ;
Whereas for such period as the price of adult bovine
animals recorded on representative Community markets             Whereas, pursuant to Article 101 (1) of Council Decision
differs by less than ECU 0,24 per 100 kilograms of live          91 /482/EEC of 25 July 1991 on the association of the
weight from the price previously used, the latter is             overseas countries and territories with the European
retained ;                                                       Economic Community f), no levies shall apply on
                                                                 imports of products originating in the overseas countries
                                                                 and territories ;
Whereas the levies must be so fixed that obligations
arising from international agreements concluded by the           Whereas the various cuts of beef and veal are defined in
Community continue to be fulfilled ; whereas the levies          Regulation (EEC) No 586/77 ;
fixed must be consistent with international agreements
entered into by the Community ; whereas account should
also be taken of Council Regulation (EEC) No 3953/92 of          Whereas, pursuant to Article 33 (2) of Regulation (EEC)
21 December 1992 concerning the arrangements appli­              No 805/68, the nomenclature provided for in this Regula­
cable to the import into the Community of products               tion is incorporated in the combined nomenclature ;
originating in the Republics of Bosnia-Herzegovina,
Croatia and Slovenia and the territory of the former             Whereas the levies and special levies are fixed before the
Yugoslav Republic of Macedonia ('), which provides for           27th day of each month and are applicable from the first
reductions in the levies on certain products of the beef         Monday of the following month ; whereas these levies
and veal sector imported into the Community ; whereas             may be altered in the period between two fixings where
Commission Regulation (EEC) No 18 5/93 (2) establishes            the basic levy or special basic levy is altered, or in the case
detailed rules for the importation of these products ;           of changes in the prices recorded on Community repre­
                                                                 sentative markets ;
Whereas declarations have been submitted by both the             Whereas the representative market rates defined in Article
Czech Republic and the Slovak Republic informing the              1 of Council Regulation (EEC) No 3813/92 (10) are used to
Communities that both the Czech Republic and the                  convert amounts expressed in third country currencies
Slovak Republic continue to assume all the obligations            and are used as the basis for determining the agricultural
deriving, inter alia, from the Interim Agreement between          conversion rates of the Member States' currencies ;
the Communities and the Czech and Slovak Federal                 whereas detailed rules on the application and determina­
Republic upon the dissolution of the latter on 31                 tion of these conversions were set by Commission Regu­
December 1992 and in consequence the concession                   lation (EEC) No 3819/92 (»);•
provided in the Interim Agreement should be accorded
without distinction to products originating in the Czech         Whereas, having regard to the provisions of the aforemen­
Republic or in the Slovak Republic ;                              tioned Regulation, and in particular to the information
                                                                  and quotations known to the Commission, the levies on
                                                                  live cattle and beef and veal other than frozen meat
Whereas Council Regulation (EEC) No 71 5/90 (3), as last          should be as set out in the Annex hereto,
amended by Regulation (EEC) No 297/91 (4), lays down
the arrangements applicable on agricultural products and
certain goods resulting from the processing of agricultural
products originating in the African, Caribbean and Pacific        HAS ADOPTED THIS REGULATION :
States ;
                                                                                            Article 1
Whereas Council Regulations (EEC) No 518/92 {% (EEC)
No 519/92 (6) and (EEC) No 520/92 0 of 27 February
 1992 on certain procedures for applying the Interim              The import levies on live cattle and beef and veal other
Agreements on trade and trade-related matters between             than frozen meat shall be as set out in the Annex to the
the European Economic Community and the European                  present Regulation.
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                                      Article 2
(') OJ  No L  406, 31 . 12. 1992, p. 1                            This Regulation shall enter into force on 5 April 1993.
(2) OJ  No L  22, 30. 1 . 1993, p. 70.
(3) OJ  No L  84, 30. 3. 1990, p. 85.
(4) OJ  No L  36, 8. 2. 1991 , p. 9.                              O OJ No L 364, 12. 12. 1992, p. 28.
0   OJ  No L  56, 29. 2. 1992, p. 3.                              O OJ No L 263, 19. 9 . 1991 , p. 1 .
ìf) OJ No L 56, 29. 2. 1992, p. 6.                                O OJ No L 387, 31 . 12. 1992, p. 1 .
0 OJ No L 56, 29. 2. 1992, p. 9.                                  (") OJ No L 387, 31 . 12. 1992.
 ---pagebreak---  No L 74/20                                        Official Journal of the European Communities                                                      27. 3. 93
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 26 March 1993.
                                                                                                 For the Commission
                                                                                                    Rene STEICHEN
                                                                                            Member of the Commission
                                                                            ANNEX
                       to the Commission Regulation of 26 March 1993 fixing the import levies on live cattle and
                                                          on beef and veal other than frozen
                                                                                                                                                  (ECU/100 kg)
                                         Croatia / Slovenia /
                                        Bosnia-Herzegovina /
              CN code                                                         Austria (4)              Sweden/Switzerland           Other third countries (2)
                                         the territory of the
                                           former Yugoslav
                                      Republic of Macedonia (3)
                                                                                          — Live weight —
            0102 90 05                            —                            17,469                         30,063                      134,374 (')
            0102 90 21                            —                            17,469                         30,063                      134,374 (»)
            0102 90 29                            —                            17,469                         30,063                      1 34,374 (')
            0102 90 41                            —                            17,469                         30,063                      1 34,374 (') (6)
            0102 90 49                            —                            17,469                         30,063                      1 34,374 (') (6)
            01029051                            23,574                         17,469                         30,063                      1 34,374 (')
            0102 90 59                          23,574                         17,469                         30,063                      1 34,374 (')
            01029061                              —                            17,469                         30,063                      1 34,374 (')
            0102 90 69                            —                            17,469                         30,063                      1 34,374 (')
            0i02 90 71                         23,574                          17,469                         30,063                      134,374 (')
            0102 90 79                         23,574                          17,469                         30,063                      1 34,374 (')
                                                                                          — Net weight —
            0201 10 00                         44,791                          33,190                         57,120                     255,31100
            0201 20 20                         44,791                          33,190                         57,120                     255,311 00
            0201 20 30                         35,833                          26,552                         45,696                     204,248 00
            0201 20 50                         53,750                          39,828                         68,544                     306,373 0 0
            0201 20 90                            —                            49,786                         85,679                     382,966 00
            0201 30 00                            —                            56,948                         98,005                     438,060 00
            0206 10 95                            —                            56,948                         98,005                     438,060 0
            0210 20 10                            —                            49,786                         85,679                     382,966
            0210 20 90                            —                            56,948                         98,005                     438,060
            02109041                              —                            56,948                         98,005                     438,060
            0210 90 90                            —                            56,948                         98,005                     438,060
            1602 50 10                            —                            56,948                         98,005                     438,060
            1602 90 61                            —                            56,948                         98,005                     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.
(3) This levy is applicable only to products complying with the provisions of Commission Regulation (EEC) No 185/93.
(4) This levy is applicable only to products complying with the provisions of the Agreement between the EEC and Austria (OJ No L 11 1 , 29. 4. 1992, p. 21 ).
0 Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic 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 Commission Regula­
    tion (EEC) No 3589/92 (OJ No L 364, 12. 12. 1 992, p. 28) have been presented, are subject to the levies set out in the Annex to that Regulation.
(6) Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Republic 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 Commission Regula­
    tion (EEC) No 247/93 (OJ No L 28, 5. 2. 1993, p. 39) have been presented, are subject to the levies set out in the Annex to that Regulation.