CELEX: 31992R3853
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3853/92 of 29 December 1992 fixing the import levies on frozen beef and veal

No L 390/58                             Official Journal of the European Communities                                 31 . 12. 92
                                    COMMISSION REGULATION (EEC) No 3853/92
                                                    of 29 December 1992
                                    fixing the import levies on frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       (b) 50 % where the market price is more than 102 % and
                                                                       less than or equal to 1 04 % of the guide price ;
Having regard to the Treaty establishing the European             (c) 25 % where the market price is more than 104 % and
Economic Community,                                                    less than or equal to 1 06 % of the guide price ;
                                                                  (d) 0 % where the market price is more than 106 % of
Having regard to Council Regulation (EEC) No 805/68 of                 the guide price ;
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)
No 3661 /92 (2), and in particular Article 12 (8) thereof,        Whereas, if it is found that the price of adult bovine
                                                                  animals on representative Community markets is equal to
Whereas under Article 9 of Regulation (EEC) No 805/68             or less than the guide price, the levy applicable equals the
a levy is applicable to the products specified in Article 1       following percentage of the basic levy :
( 1 ) (a) of that Regulation ; whereas Article 12 fixes the
amount of the levy applicable by reference to a percent­          (a) 100 % where the market price is more than or equal
age of the basic levy ;                                                to 98 % of the guide price ;
                                                                  (b) 105 % where the market price is less than 98 % and
Whereas, in respect of the types of frozen meat listed in              more than or equal to 96 % of the guide price ;
section (b) of the Annex to the said Regulation under CN
codes 0202 10 00 and 0202 20 10, the basic levy is deter­         (c) 110 % where the market price is less than 96 % and
mined on the basis of the difference between :                         more than or equal to 90 % of the guide price ;
                                                                  (d) 114 % where the market price is less than 90 % of
— the guide price multiplied by a coefficient represent­               the guide price ;
      ing the ratio existing in the Community between the
      price of fresh meat of a category competitive with the
      frozen meat in question, presented in the same form,
      and the average price of adult bovine animals, and          Whereas the guide prices for adult bovine animals for the
                                                                   1992/93 marketing year have been fixed by Council
— the Community free-at-frontier offer price for frozen           Regulation (EEC) No 1 377/92 (*) ;
      meat, plus the amount of the customs duty and a stan­
      dard amount representing the specific costs of the
      import operations ;                                         Whereas the Community free-at-frontier offer price for
                                                                  frozen meat is determined by reference to the world
                                                                  market price based on the most representative purchasing
Whereas, by Commission Regulation (EEC) No 586/77 of              possibilities, as regards quality and quantity, recorded over
18 March 1977 laying down rules for the application of            a certain period preceding the fixing of the basic levy,
the levies on beef and veal and amending Regulation               taking into account in particular :
(EEC) No 950/ 68 on the Common Customs Tariff (J), as
last amended by Regulation (EEC) No 3661 /92, the
abovementioned coefficient, calculated in accordance with         — foreseeable developments on the market in frozen
the rules laid down in Article 11 (2) (a) of Regulation                meat,
(EEC) No 805/68 , has been fixed at 1,69 units of account
and the standard amount referred to in Article 1 1 (2) (b)        — the most representative prices on third country
of the said Regulation has been fixed at ECU 6,65 ;                    markets for fresh and chilled meat of a category which
                                                                       is competitive with frozen meat,
Whereas, if it is found that the price of adult bovine            — past experience ;
animals on representative Community markets is higher
than the guide price, the levy applicable equals the fol­
lowing percentage of the basic levy :                             Whereas the basic levy on the types of frozen meat listed
                                                                  in section (b) of the Annex to Regulation (EEC) No
(a) 75 % where the market price is less than or equal to          805/68      under    CN    codes    0202 20 50,   0202 20 90,
      1 02 % of the guide price ;                                 0202 30 10, 0202 30 50 and 0202 30 90 is equal to the
                                                                  basic levy fixed for the products falling within CN codes
                                                                  0202 10 00 and 0202 20 10, multiplied by a standard
(') OJ No L 148, 28 . 6. 1968 , p. 24.
0 OJ No L 370, 19. 12. 1992, p. 16.
O OJ No L 75, 23. 3. 1977, p. 10.                                 (4) OJ No L 147, 29 . 5. 1992, p. 6.
 ---pagebreak--- 31 . 12. 92                             Official Journal of the European Communities                            No L 390/ 59
coefficient fixed for each of the products in question ;          Great Britain on the one hand and Northern Ireland on
whereas these coefficients were fixed in Annex II to              the other are adjusted by the coefficient fixed in the
Regulation (EEC) No 586/77 ;                                      abovementioned Annex II ;
Whereas, for the purpose of fixing the free-at-frontier
                                                                  Whereas prices for the different categories and qualities
                                                                  not obtained from prices which are 'live weight excluding
offer prices, offer prices that do not correspond to real
purchasing possibilities or that relate to unrepresentative
                                                                  tax', are multiplied by the live weight conversion coeffi­
                                                                  cients fixed in Annex II to the said Regulation and, in the
quantities should not be taken into account ; whereas
                                                                  case of Italy, are first increased or reduced by the correc­
offer prices should also be excluded when the movement            tive amounts fixed in the said Annex :
of prices in general or the information available gives
reason to believe that they are unrepresentative of the true
trend of prices in the country of origin ;
                                                                  Whereas if one or more Member States, for veterinary or
                                                                  health reasons for example, adopt measures affecting the
                                                                  normal trend of prices recorded on their markets, the
Whereas, where the free-at-frontier offer price for frozen        Commission may disregard the prices recorded on the
meat differs by less than one unit of account per 100 kilo­       market or markets in question, or use the latest prices
grams from that previously used for the calculation of the        recorded on the market or markets in question before the
levy, the latter price should be retained ;                       entry into force of such measures ;
Whereas pursuant to Article 12 (6) of Regulation (EEC)            Whereas, in the absence of information, prices recorded
No 805/68 the price of adult bovine animals on represen­          on representative Community markets are determined
tative Community markets is the price established on the           mainly by reference to the most recently recorded prices ;
basis of prices recorded over a period to be determined on
the representative market or markets of each Member
State for the various categories of adult bovine animals or       Whereas, for such period as the price of adult bovine
of meat from such animals, taking into account the size of         animals recorded on representative Community markets
each of these categories and the relative size of the bovine       differs by less than ECU 0,24 per 100 kilograms of live
herd of each Member State :                                       weight from the price previously used, the latter is
                                                                   retained ;
Whereas the representative markets, categories and quali­         Whereas Council Regulation (EEC) No 715/90 ('), as last
ties of products and weighting coefficients are fixed in           amended by Regulation (EEC) No 444/92 (4), lays down
Annex II to Commission Regulation (EEC) No 610/77 of               the arrangements applicable on agricultural products and
18 March 1977 on the determination of prices of adult              certain goods resulting from the processing of agricultural
bovine animals on representative Community markets                 products originating in the African, Caribbean and Pacific
and the survey of prices of certain other cattle in the            States :
Community ('), as last amended by Regulation (EEC) No
1615/92Q ;
                                                                   Whereas Council Regulations (EEC) No 518/92 (5), (EEC)
                                                                   No 519/92 (6) and (EEC) No 520/92 (7) of 27 February
Whereas, for Member States with several representative              1992 on certain procedures for applying the Interim
markets, the price of each category and quality is equal to        Agreements on trade and trade-related matters between
the arithmetic mean of the prices recorded on each of              the European Economic Community and the European
those markets ; for representative markets held several            Coal and Steel Community, of the one part, and the
times in one period of seven days, the price of each cat­          Republic of Poland, the Republic of Hungary and the
egory and quality is equal to the arithmetic mean of the           Czech and Slovak Federal Republic respectively, of the
prices recorded on each market day ; whereas in respect of         other part, introduce arrangements for reducing import
Italy the price of each category and quality is equal to the       levies on certain products ; whereas Commission Regula­
average, weighted by the special weighting coefficients            tion (EEC) No 898/92 (8), as amended by Regulation
fixed in Annex II to Regulation (EEC) No 610/77, of the            (EEC) No 1 265/92 (9), lays down detailed rules for
prices recorded in the surplus and deficit zones ; whereas         applying the arrangements provided for in these agree­
the price recorded in the surplus zone is equal to the             ments as regards beef and veal ;
arithmetic mean of the prices recorded on each of the
markets within that zone ; whereas in respect of the               (■') OJ  No L 84, 30 . 3 . 1990, p. 85 .
United Kingdom the weighted average prices of adult                (4)  OJ  No L 52, 27. 2. 1992, p. 7.
bovine animals recorded on the representative markets of           0    OJ  No L 56, 29 . 2. 1992, p. 3 .
                                                                   (6)  OJ  No L 56, 29 . 2. 1992, p. 6.
                                                                   (7)  OJ  No L 56, 29 . 2. 1992, p. 9 .
(') OJ No L 77, 25 . 3. 1977, p. 1 .                               (8)  OJ  No L 95, 9 . 4. 1992, p. 44.
(2) OJ No L 170 , 25. 6 . 1992, p . 16.                            0    OJ  No L 135, 19 . 5. 1992, p . 6 .
 ---pagebreak---  No L 390 /60                          Official Journal of the European Communities                              31 . 12. 92
Whereas, pursuant to Article 101 (1 ) of Council Decision         conversion   rates of the Member States        currencies ;
91 /482/EEC of 25 July 1991 on the association of the             whereas detailed rules on the application and determina­
overseas countries and territories with the European              tion of these conversions were set by Commission Regu­
 Economic Community ('), no levies shall apply on                 lation (EEC) No 3819/92 <3) ;
 imports of products originating in the overseas countries
 and territories ;                                                Whereas, having regard to the provisions of the aforemen­
                                                                  tioned Regulations, and in particular to the information
Whereas the various cuts of frozen meat are defined in
                                                                  and quotations known to the Commission, the levies on
Regulation (EEC) No 586/77 ;                                      frozen beef and veal should be as set out in the Annex
Whereas, pursuant to Article 33 (2) of Regulation (EEC)           hereto,
No 805/68 , the nomenclature provided for in this Regula­
 tion is incorporated in the combined nomenclature ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the levies are fixed before the 27th day of each
month and are applicable from the first Monday of the
following month ; whereas these levies may be altered in                                   Article 1
the period between two fixings where the basic levy is
altered, or in these case of changes in the prices recorded       The import levies on frozen beef and veal shall be as set
on Community representative markets ;                             out in the Annex.
Whereas the representative market rates defined in Article
 1 of Council Regulation (EEC) No 381 3/92 (2) are used to                                 Article 2
convert amounts expressed in third country currencies
and are used as the basis for determining the agricultural        This Regulation shall enter into force on 4 January 1993.
                   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
(') OJ No L 263, 19. 9 . 1991 , p. 1 .
0 OJ No L 387, 31 . 12. 1992, p. 1 .                              J) OJ No L 387, 31 . 12. 1992.
 ---pagebreak--- 31 . 12 . 92                           Orhcial Journal or the European Communities                                                No L 390 / 61
                                                                ANNEX
             to the Commission Regulation of 29 December 1992 fixing the import levies on frozen beef
                                                             and veal (') (2)
                                                                                                                   (ECU / 100 kg)
                                                CN code                                                        Levy
                                                                                                        — Net weight —
                                               0202   10 00                                                  193,059
                                               0202  20 10                                                   193,059
                                               0202  20 30                                                   154,447
                                               0202  20  50                                                  241,324
                                               0202  20  90                                                  289,589
                                               0202  30  10                                                  241,324
                                               0202  30  50                                                  241,324
                                               0202  30  90                                                  332,061
                                               0206  29  91                                                  332,061
             (') 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.