CELEX: 31993R1266
Language: en
Date: 1993-05-27 00:00:00
Title: Commission Regulation (EEC) No 1266/93 of 26 May 1993 fixing the import levies on live cattle and on beef and veal other than frozen

27. 5. 93                              Official Journal of the European Communities                               No L 129/9
                                     COMMISSION REGULATION (EEC) No 1266/93
                                                       of 26 May 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 125/93 (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 1377/92 (5); whereas Council Regulation (EEC)
 past experience ;                                               No 660/93 (*) 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
                                                                 (3) OJ No L 75, 23. 3. 1977, p. 10.
                                                                 (4) OJ No L 370, 19. 12. 1992, p. 16.
0) OJ No L 148, 28 . 6. 1968, p. 24.                             O OJ No L 147, 29. 5. 1992, p. 6.
(2) OJ No L 18, 27. 1 . 1993, p. 1 .                             M OJ No L 71 , 24. 3. 1993, p. 1 .
 ---pagebreak--- No L 129/ 10                            Official Journal of the European Communities                                 27. 5. 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 611 /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 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 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.
O 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.                               0 OJ No L 170, 25. 6. 1992, p. 16.
 ---pagebreak--- 27. 5. 93                                Official Journal of the European Communities                              No L 129/ 11
Whereas, in the absence of information, prices recorded            certain goods resulting from the processing of agricultural
on representative Community markets are determined                 products originating in the African, Caribbean and Pacific
mainly by reference to the most recently recorded prices ;         States ;
Whereas for such period as the price of adult bovine               Whereas Council Regulations (EEC) No 518/92 Q, (EEC)
animals recorded on representative Community markets               No 519/92 (8) and (EEC) No 520/92 (9) of 27 February
differs by less than ECU 0,24 per 100 kilograms of live            1992 on certain procedures for applying the Interim
weight from the price previously used, the latter is               Agreements on trade and trade-related matters between
retained ;                                                         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
Whereas the levies must be so fixed that obligations               Czech and Slovak Federal Republic respectively, of the
arising from international agreements concluded by the             other part, introduce arrangements for reducing import
 Community continue to be fulfilled ; whereas the levies           levies on certain products ; whereas Commission Regula­
fixed must be consistent with international agreements             tion (EEC) No 3589/92 (,0) lays down detailed rules for
entered into by the Community ; whereas account should             applying the arrangements provided for in these agree­
 also be taken of Council Regulation (EEC) No 3953/92 of           ments as regards beef ;
 21 December 1992 concerning the arrangements appli­
cable to the import into the Community of products
originating in the Republics of Bosnia-Herzegovina,                Whereas, pursuant to Article 101 (1 ) of Council Decision
 Croatia and Slovenia and the territory of the former              91 /482/EEC of 25 July 1991 on the association of the
Yugoslav Republic of Macedonia ('), which provides for             overseas countries and territories with the European
 reductions in the levies on certain products of the beef          Economic Community (") no levies shall apply on
 and veal sector imported into the Community ; whereas             imports of products originating in the overseas countries
 Commission Regulation (EEC) No 185/93 (2) establishes             and territories ;
detailed rules for the importation of these products ;
                                                                   Whereas the various cuts of beef and veal are defined in
                                                                   Regulation (EEC) No 586/77 ;
Whereas, in addition, account must be taken of Council
 Decision 93/239/EEC of 15 March 1993 concerning the
 conclusion of the Agreements in the form of exchanges             Whereas, pursuant to Article 33 (2) of Regulation (EEC)
 of letters between the European Economic Community,               No 805/68, the nomenclature provided for in this Regula­
 of the one part, and the Republic of Austria, the Republic        tion is incorporated in the combined nomenclature ;
 of Finland, the Republic of Iceland, the Kingdom of
 Norway and the Kingdom of Sweden, of the other part,              Whereas the levies and special levies are fixed before the
 on the provisional application of the Agreements on               27th day of each month and are applicable from the first
 certain arrangements in the field of agriculture, signed by       Monday of the following month ; whereas these levies
 the said parties in Oporto on 2 May 1992 (3); whereas             may be altered in the period between two fixings where
 Regulation (EEC) No 1180/93 (4) lays down detailed rules          the basic levy or special basic levy is altered, or in the case
 for the application in 1993 of the import arrangements            of changes in the prices recorded on Community repre­
 for these products originating in Sweden ;                        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 (12) 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 (13);
provided in the Interim Agreement should be accorded
without distinction to products originating in the Czech
Republic or in the Slovak Republic ;                               Whereas, having regard to the provisions of the aforemen­
                                                                   tioned Regulation, and in particular, to the information
                                                                   and quotations known to the Commission, the levies on
Whereas Council Regulation (EEC) No 715/90 (*), as last            live cattle and beef and veal other than frozen meat
amended by Regulation (EEC) No 297/91 (% lays down                 should be as set out in the Annex hereto,
the arrangements applicable on agricultural products and
                                                                   0 OJ No L 56, 29. 2. 1992, p. 3.
(') OJ  No  L 406, 31 . 12. 1992, p. 1 .                           (") OJ No L 56, 29. 2. 1992, p. 6.
0   OJ  No  L 22, 30. 1 . 1993, p. 70.                             0 OJ No L 56, 29. 2. 1992, p. 9.
(3) OJ  No  L  109, 1 . 5. 1993, p. 1 .                            O OJ No L 364, 12. 12. 1992, p. 28 .
(4) OJ  No  L  120, 15. 5. 1993, p. 14.                            (") OJ No L 263, 19. 9. 1991 , p. 1 .
O   OJ  No  L 84, 30. 3. 1990, p. 85.                              (12) OJ No L 387, 31 . 12. 1992, p. 1 .
(Ó OJ No L 36, 8. 2. 1991 , p. 9.                                  O OJ No L 387, 31 . 12. 1992, p. 17.
 ---pagebreak--- No L 129/ 12                    Official Journal of the European Communities                           27. 5. 93
             HAS ADOPTED THIS REGULATION :
                                                     Article 1
             The import levies on live cattle and beef and veal other than frozen meat shall be as set
             out in the Annex to the present Regulation.
                                                     Article 2
             This Regulation shall enter into force on 7 June 1993.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done 3t Brussels, 26 May 1993.
                                                                     For the Commission
                                                                        Rene STEICHEN
                                                                 Member of the Commission
 ---pagebreak---  27. 5. 93                                        Official Journal of the European Communities                                             No L 129/ 13
                                                                            ANNEX
                       to the Commission Regulation of 26 May 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                    thg territory of the                 Austria                  Sweden/Switzerland         Other third countries (2)
                                           former Yugoslav
                                      Republic of Macedonia (3)
                                                                                        — Live weight —
            0102 90 05                            —                            17,469                       23,251                    134,374 0)
            0102 90 21                            —                            17,469                       23,251                    134,374 (')
            0102 90 29                            —                            17,469                       23,251                    1 34,374 (')
            0102 90 41                            —                            17,469                       23,251                    134,374 (') 0
            0102 90 49                            —                            17,469                       23,251                    1 34,374 (')O
            0102 90 51                          23,574                         17,469 .                     23,251                    134,374 (')
            0102 90 59                          23,574                         17,469                       23,251                    1 34,374 (')
            0102 90 61                            —                            17,469                       23,251                    134,374 (')
            0102 90 69                            —                            17,469                       23,251                    134,374 (')
            0102 90 71                          23,574                         17,469                       23,251                    1 34,374 (')
            0102 90 79                          23,574                         17,469                       23,251                    134,374 (')
                                                                                        — Net weight —
            0201 10 00                          44,791                         33,190                       44,177 Q                  255,311 00
            0201 20 20                          44,791                         33,190                       44,177 0                  255,31100
            0201 20 30                          35,833                         26,552                       35,342 0                  204,248 (') 0
            0201 20 50                          53,750                         39,828                       53,013 0                  306,373 0 0
            0201 20 90                            —                            49,786                       66,267 0                  382,966 (') 0
            0201 30 00                            —                            56,948                       75,800 0                  438,060 (') 0
            0206 10 95                            —                            56,948                       75,800                    438,060 (')
            0210 20 10                            —                            49,786                       66,267                    382,966
            0210 20 90                            —                            56,948                       75,800                    438,060
            0210 90 41                            —                            56,948                       75,800                    438,060
            0210 90 90                            —                            56,948                       75,800                    438,060
            1602 50 10                            —                            56,948                       75,800                    438,060
            1602 90 61                            —                            56,948                       75,800                    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 1 1 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 have been presented, are subject to the levies set out in the Annex to that Regulation.
(*) 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.
0 The levy may be reduced in accordance with the Agreement between the Community and Sweden (OJ No L 109, 1 . 5. 1993, p. 59) and Regulation (EEC)
    No 1180/93.