CELEX: 31993R3585
Language: en
Date: 1993-12-28 00:00:00
Title: Commission Regulation (EC) No 3585/93 of 27 December 1993 fixing the import levies on live cattle and on beef and veal other than frozen

28 . 12. 93                            Official Journal of the European Communities                              No L 326/37
                                     COMMISSION REGULATION (EC) No 3585/93
                                                   of 27 December 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            (a) 100 % where the market price is more than or equal
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 747/93 (2), and in particular Article 1 2 (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
                                                                 Whereas pursuant to Article 10 (4) of Regulation (EEC)
fixes the amount of the levy applicable by reference to a
                                                                 No 805/68 the basic levy on the meat specified in
percentage 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 3661 /92 (4);
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 00, 0201 10 90,
                                                                  1993/94 marketing year were fixed by Council Regulation
0201 20 20 to 0201 20 50, account being taken in parti­
                                                                 (EEC) No 1563/93 0 ;
cular of the position with respect to supply and demand,
of world market prices for frozen meat of a category
which is competitive with fresh or chilled meat and of           Whereas Commission Regulation (EEC) No 1753/93 (6)
past experience ;                                                determines certain prices fixed in ecus in the beef and
                                                                 veal sector as a result of the monetary realignments in the
Whereas if it is found that the price of adult bovine             1992/93 marketing year ;
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
(a) 75 % where the market price is less than or equal to         tive free-at-frontier offer prices of the Community deter­
     102 % of the guide price ;                                  mined for the products of each of the categories and cuts
(b) 50 % where the market price is more than 102 % and           specified in Article 2 and established principally by
     less than or equal to 1 04 % of the guide price ;           reference to the prices specified in the customs docu­
                                                                 ments accompanying products imported from third coun­
(c) 25 % where the market price is more than 1 04 % and          tries or from other information concerning export prices
     less than or equal to 106 % of the guide price ;            obtaining in those third countries ;
(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
                                                                 O   OJ  No  L  75, 23 . 3. 1977, p. 10 .
                                                                 n   OJ  No  L  370, 19. 12. 1992, p. 16 ,
(') OJ No L 148, 28 . 6. 1968 , p. 24.                           0   OJ  No  L  154, 25. 6. 1993 , p. 35.
(2) OJ No L 77, 31 . 3 . 1993, p. 15.                            (6  OJ  No  L  161 , 2. 7. 1993 , p. 44.
 ---pagebreak---   No L 326/38                            Official Journal of the European Communities                                28 . 12. 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 1 00 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
                                                                    1460/93 (5);
 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 1 049/92 (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 from 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 61 1 /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 (?) 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, of 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 .
0 OJ No L 111 , 29. 4. 1992, p. 16.                                (5) OJ No L 143, 15. 6. 1993, p. 5.
 ---pagebreak--- 28 . 12. 93                            Official Journal of the European Communities                               No L 326/39
Whereas, in the absence of information, prices recorded          Economic Community and the European Coal and Steel
on representative Community markets are determined               Community, of the one part, and the Republic of Poland,
 mainly by reference to the most recently recorded prices ;      the Republic of Hungary, the Czech Republic and the
                                                                 Slovak Republic, of the other part, introduce arrange­
Whereas for such period as the price of adult bovine             ments for reducing import levies on certain products ;
animals recorded on representative Community markets             whereas Commission Regulation (EEC) No 2697/93 (u),
differs by less than ECU 0,24 per 100 kilograms of live          as amended by Regulation (EC) No 3558/93 (12), lays
weight from the price previously used, the latter is             down detailed rules for applying the arrangements
retained ;                                                       provided for in these agreements as regards beef ;
Whereas the levies must be so fixed that obligations             Whereas, pursuant to Article 101 ( 1 ) of Council Decision
arising from international agreements concluded by the           91 /482/EEC of 25 July 1991 on the association of the
Community continue to be fulfilled ; whereas the levies          overseas countries and territories with the European
fixed must be consistent with international agreements           Economic Community (1J) no levies shall apply on
entered into by the Community ;                                  imports of products originating in the overseas countries
                                                                 and territories ;
Whereas, in addition, account must be taken of Council           Whereas the various cuts of beef and veal are defined in
Decision 93/239/EEC of 15 March 1993 concerning the              Regulation (EEC) No 586/77 ;
conclusion of the Agreements in the form of exchanges
of letters between the European Economic Community,              Whereas, pursuant to Article 33 (2) of Regulation (EEC)
of the one part, and the Republic of Austria, the Republic       No 805/68, the nomenclature provided for in this Regula­
of Finland, the Republic of Iceland, the Kingdom of              tion is incorporated in the combined nomenclature ;
Norway and the Kingdom of Sweden, of the other part,
on the provisional application of the Agreements on              Whereas the levies and special levies are fixed before the
certain arrangements in the field of agriculture, signed by      27th day of each month and are applicable from the first
the said parties in Oporto on 2 May 1 992 (') ; whereas          Monday of the following month ; whereas these levies
Regulation (EEC) No 11 80/93 (2) lays down detailed rules        may be altered in the period between two fixings where
for the application in 1993 of the import arrangements           the basic levy or special basic levy is altered, or in the case
for these products originating in Sweden ;                       of changes in the prices recorded on Community repre­
                                                                 sentative markets ;
Whereas declarations have been submitted by both the
Czech Republic and the Slovak Republic informing the             Whereas the representative market rates defined in Article
Communities that both the Czech Republic and the                  1 of Council Regulation (EEC) No 3813/92 (14), as
Slovak Republic continue to assume all the obligations           amended by Regulation (EC) No 3528/93 (1S), are used to
deriving, inter alia, from the Interim Agreement between         convert amounts expressed in third country currencies
the Communities and the Czech and Slovak Federal                 and are used as the basis for determining the agricultural
                                                                 conversion rates of the Member States' currencies ;
Republic upon the dissolution of the latter on 31
December 1992 and in consequence the concession                  whereas detailed rules on the application and determina­
provided in the Interim Agreement should be accorded             tion of these conversions were set by Commission Regu­
without distinction to products originating in the Czech         lation (EEC) No 1068/93 (16) ;
Republic or in the Slovak Republic ;
                                                                 Whereas, having regard to the provisions of the aforemen­
Whereas Council Regulation (EEC) No 71 5/90 (3), as last         tioned Regulation, and in particular to the information
amended by Regulation (EEC) No 444/92 (4), lays down             and quotations known to the Commission, the levies on
the arrangements applicable on agricultural products and         live cattle and beef and veal other than frozen meat
certain goods resulting from the processing of agricultural      should be as set out in the Annex hereto,
products originating in the African, Caribbean and Pacific
States ;                                                         HAS ADOPTED THIS REGULATION :
Whereas Council Regulations (EEC) No 518/92 (5), as
amended by Regulation (EEC) No 2233/93 (6), (EEC) No                                         Article 1
519/92 (7), as amended by Regulation (EEC) No 2234/93
(8), and (EEC) No 520/92 (9), as amended by Regulation           The import levies on live cattle and beef and veal other
(EEC) No 2235/93 (l0), of 27 February 1992 on certain            than frozen meat shall be as set out in the Annex to the
procedures for applying the Interim Agreements on trade          present Regulation.
and trade-related matters between the European
                                                                                             Article 2
(') Oj No L 109, 1 . 5. 1993, p. 1 .
(2) OJ No L 120, 15. 5. 1993, p. 14.                             This Regulation shall enter into force on 3 January 1994.
(j OJ No L 84, 30. 3. 1990, p. 85.
(4) OJ No L 52, 27. 2. 1992, p. 7.
(j OJ No L 56, 29. 2. 1992, p. 3.                                (")   OJ No L 245, 1 . 10 . 1993, p. 75.
(6) OJ No L 200, 10. 8. 1993, p. 3.                              C 2)  OJ No L 324, 24. 12. 1993, p. 38 .
O OJ No L 56, 29 . 2. 1992, p. 6.                                ('•') OJ No L 263, 19. 9 . 1991 , p. 1 .
(8) OJ No L 200 , 10 . 8 . 1993, p. 4.                           ( I4) OJ No L 387, 31 . 12. 1992, p. 1 .
0 OJ No L 56, 29 . 2. 1992, p. 9.                                (> j OJ No L 320, 22. 12. 1993, p. 32.
( 10) OJ No L 200, 10. 8 . 1993, p. 5.                           (") OJ No L 108 , 1 . 5. 1993, p. 106.
 ---pagebreak--- No L 326/40                    Official Journal of the European Communities                        28 . 12. 93
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 December 1993.
                                                                   For the Commission
                                                                     Rene STEICHEN
                                                               Member of the Commission
 ---pagebreak--- 28 . 12. 93                                Official Journal of the European Communities                                               No L 326/41
                                                                     ANNEX
             to the Commission Regulation of 27 December 1993 fixing the import levies on
                                         live cattle and on beef and veal other than frozen
                                                                                                                         (ECU/100 ke)
                                                                                                                   Other third
                         CN code                      Austria (3)               Sweden/Switzerland
                                                                                                                   countries (2)
                                                                                — Live weight -—
                       0102 90 05                       17,086                         12,844                    131,433 (')
                       0102 90 21                       17,086                         12,844                    131,433 (')
                       0102 90 29                       17,086                         12,844                    1 3J ,433 (')
                       0102 90 41                       17,086                         12,844                    131,433 OH
                       01029049                         17,086                         12,844                    131,433 0 0
                       0102 90 51                       17,086                         12,844                    131,433 0
                       0102 90 59                       17,086                         12,844                    131,433 0
                       0102 90 61                       17,086                         12,844                    131,433 0
                       0102 90 69                      17,086                          12,844                    131,433 0
                       0102 90 71                       17,086                         12,844                    131,433 0
                       0102 90 79                      17,086                          12,844                    131,433 0
                                                                                — Net weight —
                       0201 10 00                      32,464                          24,404 0                  249,723 0 0
                       0201 20 20                      32,464                          24,404 0                 249,723 0 0
                       0201 20 30                      25,971                          19,524 0                  199,778 0 0
                       0201 20 50                      38,957                          29,285 0                 299,667 0 0
                       0201 20 90                      48,696                          36,607 0                 374,583 0 0
                       0201 30 00                      55,701                         41,8720                   428,471 00
                       0206 10 95                      55,701                         41,872                    428,471 0
                       0210 20 10                      48,696                         36,607                    374,583
                       0210 20 90                      55,701                         41,872                    428,471
                       0210 90 41                      55,701                         41,872                    428,471
                       0210 90 90                      55,701                         41,872                    428,471
                       1602 50 10                      55,701                         41,872                    428,471
                       1602 90 61                      55,701                         41,872                    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.
            (*) No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.
            ( ®) This levy is applicable only to products complying with the provisions of 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, the Czech Republic and the Slovak Republic and
                 Hungary under the Interim Agreements concluded between those countries and the Community, and in respect
                 of which EUR.l certificates issued in accordance with Commission Regulation (EEC) No 2697/93, as amended,
                 have been presented, are subject to the levies set out in the Annex to that Regulation .
            O Products falling within this code, imported from Poland, the territories of the ex Czech and Slovak Federal Repu­
                 blic or Hungary under the Interim Agreements concluded between those countries and the Community, and in
                 respect of which EUR.l certificates issued in accordance with Commission Regulation (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.
            (') The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L
                 109, 1 . 5. 199.3, p. 59) and Regulation (EEC) No 1180/93 .