CELEX: 31987R1507
Language: en
Date: 1987-05-30 00:00:00
Title: Commission Regulation (EEC) No 1507/87 of 27 May 1987 fixing the import levies on milk and milk products

30 . 5. 87                                Official Journal of the European Communities                            No L 141 /23
                                        COMMISSION REGULATION (EEC) No 1507/87
                                                         of 27 May 1987
                                    fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         free-at-frontier prices and for fixing levies in respect of
                                                                    milk and milk products Q, provides that the component
                                                                    of the levy fixed by means of a coefficient expressing the
 Having regard to the Treaty establishing the European              weight ratio between the milk powder contained in the
 Economic Community,
                                                                    product and the product itself is, for the products falling
                                                                    within subheading 04.02 B I b), calculated by multiplying
 Having regard to the Act of Accession of Spain and                 the basic amount by the quantity of milk powder
Portugal,                                                           contained in the product ; whereas the same applies to
                                                                    products falling within subheading 04.02 B II b) as
                                                                    regards the component of the levy fixed by means of a
Having regard to Council Regulation (EEC) No 804/68 of              coefficient expressing the weight ratio between the milk
27 June 1968 on the common organization of the market               components contained in the product and the product
in milk and milk products ('), as last amended by Regula­           itself ;
tion (EEC) No 773/87 (2), and in particular Article 14(8)
thereof,
                                                                    Whereas the basic amount must be equal to one
Having regard to the opinion of the Monetary Committee,             hundredth part of the levy set out for each product in the
                                                                    second subparagraph of Article 9 (1 ) and the second
Whereas Article 14 of Regulation (EEC) No 804/68                    subparagraph of Article 9 (2) of Regulation (EEC) No
provides for charging a levy on imports of the products             1073/68 ;
listed in Article 1 of that Regulation ; whereas these
products may be divided into groups ; whereas the
product groups and the pilot groups and the pilot product           Whereas Annex II to Regulation (EEC) No 2915/79 listed
for each of these groups are set out in Annex I to Council          certain products of Group 1 1 originating in and
Regulation (EEC) No 2915/79 of 18 December 1979                     consigned from certain non-member countries ; whereas
determining the groups of products and the special provi­           the levy applicable to these products is set out in Annex I
sions for calculating levies on milk and milk products and          to Regulation (EEC) No 1767/82 (8), as last amended by
amending Regulation (EEC) No 950/68 on the Common                   Regulation (EEC) No 394/87 0 ;
Customs Tariff (3), as last amended by Regulation (EEC)
No 169/87 (4);
                                                                    Whereas Commission Regulation (EEC) No 3700/81 of
Whereas the levy on the products in any one group must
                                                                    23 December 1981 (10) laid down detailed interim rules in
be equal to the threshold price for the pilot product less
                                                                    respect of the cheese agreements with Austria and
the free-at-frontier price ; whereas these threshold prices         Finland ;
were fixed for the 1986/87 milk year by Council Regula­
tion (EEC) No 1339/86 (5), extended by Council Regula­
tion (EEC) No 1496/87(0 ;
                                                                    Whereas, within the tariff quotas referred to in Annex I to
Whereas, however, Regulation (EEC) No 2915/79 lays                  Regulation (EEC) No 1767/82, the levy on 100 kilograms
down special provisions for calculating the levy on certain         of a product of Group 10 or 11 or falling within subhea­
assimilated products ; whereas these products are listed            dings 04.04 E I b) 1 and b) 2 shall be the amount fixed in
                                                                    that Annex :
and the method of calculating the levy on them described
in Annex II and in Articles 2 to 11 of that Regulation
respectively ; whereas this method consists in adding
together the various components defined in those                    Whereas, for as long as it is found that on importation
Articles ;                                                          into the Community the price of an assimilated product
                                                                    for which the levy is not equal to the levy on its pilot
Whereas Commission Regulation (EEC) No 1073/68 of                   product is considerably lower than the price which would
24 July 1968 laying down detailed rules for determining             obtain if the ratio to the price of the pilot product were
                                                                    normal, the levy must be equal to the sum of two compo­
                                                                    nents :
(') OJ  No L 148, 28 . 6. 1968, p. 13.
0   OJ  No L 78 , 20 . 3 . 1987, p. 1 .
(3) OJ  No L 329, 24. 12. 1979, p. 1 .                              0 OJ No L 180, 26. 7. 1968, p. 25.
(4) OJ  No L 21 , 23 . 1 . 1987, p. 9 .                             (8) OJ No L 196, 5. 7. 1982, p. 1 .
O   OJ  No L 119, 8 . 5. 1986.                                      (9) OJ No L 40, 10 . 2. 1987, p. 10.
0   See page 1 of this Official Journal.                            (10) OJ No L 369, 24. 12. 1981 , p. 33 .
 ---pagebreak---  No L 141 /24                           Official Journal of the European Communities                                  30 . 5. 87
 — one component equal to the amount resulting from                particular, for differences in composition, maturity,
      the provisions of Articles 2 to 7 of Regulation (EEC)        quality and presentation between the assimilated product
      No 2915/79 applicable to the assimilated product in          and the related pilot product ; whereas adjustments rela­
      question,                                                    ting to composition must be calculated by multiplying
                                                                   the difference between the milk component content of
 — an additional component fixed at a level which, the             the pilot product and that of the assimilated product in
      composition and quality of the assimilated product          question by the value attributed in international trade to
      being taken into account, makes it possible to              one unit of weight of the milk component in question ;
      re-establish normal price ratios for imports into the       whereas, when the other adjustments are being effected,
      Community ;                                                 the difference between       the value attributed on the
                                                                   Community market to each of the relevant characteristics
                                                                  of the pilot product and the value attributed on that
 Whereas Article 14(3) of Regulation (EEC) No 804/68              market to the corresponding characteristics of the assimi­
 provides that the levy on products in respect of which the       lated product in question must be taken into account ;
 customs duty has been bound within GATT must be
 limited to the amount resulting from that binding ;
                                                                  Whereas, if no information on prices is available, the free­
                                                                  at-frontier price may, by way of exception, be
Whereas Regulation (EEC) No 1073/68 provides that a               established on the basis of the value of the raw materials
 free-at-frontier price must be established for each of the       contained in the pilot product in question (calculated on
 pilot products defined in Annex I to Regulation (EEC)            the basis of the prices of milk products for which prices
 No 2915/79 ; whereas these prices must be determined             are available), average processing costs and average yields ;
 for products of good marketable quality ;
                                                                  Whereas, in exceptional circumstances, a free-at-frontier
Whereas the free-at-frontier prices must be established on        price may remain unchanged for a limited period where
 the basis of the most favourable purchasing opportunities        the new level of the price for a given quality or a specific
 in international trade for the products listed in Article        origin, used as a basis for establishing the previous free­
 1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/68 other       at-frontier price, has not reached the Commission to
 than assimilated products for which the levy is not equal        enable it to establish the next free-at-frontier price and if
 to the levy on the related pilot products ; whereas, when        the Commission considers that the prices which are avai­
 recording these purchasing opportunities, the Commis­            lable could lead to sudden and considerable changes in
sion must take account of all information obtained direct         the free-at-frontier price because they are not sufficiently
or through the Member States concerning prices for deli­          representative of real market trends ;
very of third-country products free-at-Community-frontier
and prices on third-country markets ;
                                                                  Whereas, in accordance with Article 19 (1 ) of Regulation
Whereas Regulation (EEC) No 788/86 (1), as amended by             (EEC) No 804/68, the nomenclature provided for in this
                                                                  Regulation is incorporated in the Common Customs
Regulation (EEC) No 1927/86 (2), specifies the free-at­           Tariff ;
Spanish-frontier values of certain cheeses imported from
and originating in Switzerland.
                                                                  Whereas Article 8 of Regulation (EEC) No 1073/68
Whereas, however, no account should be taken of infor­            provides that the levies are fixed every fortnight ; whereas
mation relating to small quantities which are not repre­          they may be altered in the intervening period if neces­
sentative of trade in the products in question and quanti­        sary ; whereas the levy remains valid until another
ties in respect of which price trends in general or other         becomes applicable ;
information available to it lead the Commission to believe
that the price in question is unrepresentative of the real
trend of the market ;
                                                                  Whereas, if the levy system is to operate normally,
                                                                  refunds should be calculated on the following basis :
Whereas the prices used must be adjusted where they are
not quoted free-at-Community-frontier or where they do            — in the case of currencies which are maintained in rela­
not apply to products of good marketable quality ;                     tion to each other at any given moment within a band
whereas the adjustment in respect of an assimilated                    of 2,25 % , a rate of exchange based on their central
product the levy on which is equal to the levy on its pilot            rate, multiplied by the coefficient provided for in the
product must be effected in such a way as to allow, in                 last subparagraph of Article 3 (1 ) of Regulation (EEC)
                                                                       No 1676/85 (3).
(>) OJ No L 74, 19. 3. 1986, p. 20.
  2) OJ No L 167, 24. 6. 1986, p. 11 .                            (3) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 30 . 5. 87                            Official Journal of the European Communities                           No L 141 /25
— for other currencies, an exchange rate based on the           HAS ADOPTED THIS REGULATION :
     arithmetic mean of the spot market rates of each of
     these currencies recorded over a given period in rela­                             Article 1
     tion to the Community currencies referred to in the
     previous indent and the aforesaid coefficient ;            The import levies referred to in Article 14(1 ) of Regula­
                                                                tion (EEC) No 804/68 shall be as set out in the Annex
                                                                hereto.
Whereas it follows from applying these provisions that                                  Article 2
the levies on milk and milk products should be as set out
in the Annex hereto,                                            This Regulation shall enter into force on 1 June 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 27 May 1987.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 ---pagebreak--- No L 141 /26                       Official Journal of the European Communities                                  30 . 5. 87
                                                       ANNEX
             to the Commission Regulation of 27 May 1987 fixing the import levies on milk and milk
                                                       products
                                                             (ECU/100 kg net weight, unless otherwise indicated)
                                CCT heading No                       Code                 Import levy
             04.01 A I a)                                           0110                         33,69
             04.01 A I b)                                           0120                         31,28
             04.01 A II a) 1                                        0130                         31,28
             04.01 A II a) 2                                        0140                         38,35
             04.01 A II b) 1                                        0150                         30,07
             04.01 A II b) 2                                        0160                         37,14
             04.01 B I                                              0200                         77,27
             04.01 B II                                             0300                        163,46
             04.01 B III                                            0400                        252,62
             04.02 A I                                              0500                         32,79
             04.02 A II a) 1                                        0620                        163,92
             04.02 A II a) 2                                        0720                        219,95
             04.02 A II a) 3                                        0820                        222,37
             04.02 A II a) 4                                        0920                        261,46
             04.02 A II b) 1                                        1020                        156,67
             04.02 A lib) 2                                         1120                        212,70
             04.02 A II b) 3                                        1220                        215,12
             04.02 A II b) 4                                        1320                        254,21
             04.02 A III a) 1                                       1420                         30,14
             04.02 A III a) 2                                       1520                         40,69
             04.02 A III b) 1                                       1620                        163,46
             04.02 A III b) 2                                       1720                        252,62
             04.02 B I a)                                           1820                         36,27
             04.02 B I b) 1 aa)                                     2220 .          per kg        1,5667 (4)
             04.02 B Lb) 1 bb)                                      2320            per kg        2,1270 0
             04.02 B I b) 1 cc)                                     2420            per kg        2,5421 (4)
             04.02 B I b) 2 aa)                                     2520            per kg        1,5667 0
             04.02 B I b) 2 bb)                                     2620            per kg        2,1270 0
             04.02 B I b) 2 cc)                                     2720            per kg        2,5421 0
             04.02 B II a)                                          2820                         52,91
             04.02 B II b) 1                                        2910            per kg        1,6346 0
             04.02 B II b) 2                                        3010            per kg        2,5262 0
             04.03 A                                                3110                        297,20
             04.03 B                                                3210                        362,58
             04.04 A                                                3300                        252,56 0
             04.04 B                                                3900                        385,64 0
             04.04 C                                                4000                        157,44 0
             04.04 D I a)                                           4410                        212,40 0
             04.04 D I b)                                           4510                        222,51 0
             04.04 D II                                             4610                        319,23
             04.04 E I a)                                           4710                        385,64
             04.04 E I b) 1                                         4800                        255,86 (10)
 ---pagebreak--- 30 . 5. 87                   Official Journal of the European Communities                                 No L 141 /27
                                                      (ECU/100 kg net weight, unless otherwise indicated)
                          CCT heading No                     Code                  Import levy
           04.04 E I b) 2                                    5000                        231,81 (»)
           04.04 E I c) 1                                    5210                        173,86
           04.04 E I c) 2                                    5250                        328,53
           04.04 E II a)                                     5310                        385,64
           04.04 E II b)                                     5410                        328,53
           17.02 A II                                        5500                         41,95 (12)
           21.07 F I                                         5600                         41,95
           23.07 B I a) 3                                    5700                        119,92
           23.07 B I a) 4                                    5800                        155,96
           23.07 B I b) 3                                    5900                        146,34
           23.07 B I c) 3                                    6000                        121,22
           23.07 B II                                        6100                        155,96
 ---pagebreak---  No L 141 /28                                       Official Journal of the European Communities                                                   30 . 5. 87
   (') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic toxicogenic germs and containing per gram less
       than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria.
  (*) Inclusion under this tariff subheading is subject to conditions to be laid down by the competent authorities.
  (3) In calculating the fat content the weight of any added sugar shall be disregarded.
  (4) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
       (a) the amount per kg shown, multiplied by the weight of milk and tfream contained in 100 kg of product ;
       (b) 7,25 ECU ; and
       (c) 25,98 ECU.
  (*) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
       (a) the amount per kg shown, multiplied by the weight of milk and cream contained in 100 kg of product ; and
       (b) 25,98 ECU.
  O" The levy is limited to :
       — 18,13 ECU per 100 kg net weight for products listed under (a) in Annex I to Regulation (EEC) No 1767/82 imported from Switzerland and for
           products listed under (c) of that Annex imported from Austria or Finland,
       — 9,07 ECU per 100 kg net weight for products listed under (b) of Annex I to Regulation (EEC) No 1767/82 imported from Switzerland.
  0 The levy is limited to 6 % of the customs value for imports from Switzerland, in accordance with Article 1 (3) of Regulation (EEC) No 1767/82.
  0 The levy is limited to 50 ECU per 100 kg net weight for products listed under (o) and (p) of Annex I to Regulation (EEC) No 1767/82 imported from
       Austria.
  0 The levy is limited to 36,27 ECU per 100 kg net weight for products listed under (g) of Annex I to Regulation (EEC) No 1767/82 imported from Switzer­
       land and for products listed under (h) of that Annex imported from Austria or Finland.
(10) The levy per 100 kg net weight is limited to :
       — 12,09 ECU for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada, •
       — 15,00 ECU for products listed under (e) and (f) of that Annex imported from Australia or New Zealand.
(") The levy is limited to :
       — 77,70 ECU per 100 kg net weight for products listed under (i) of Annex I to Regulation (EEC) No 1767/82 imported from Romania or Switzerland,
       — 50 ECU for products listed under (o) and (p) of that Annex imported from Austria,
       — 101,88 ECU per 100 kg net weight for products listed under (k) of that Annex imported from Romania or Switzerland,
       — 65,61 ECU per 100 kg net weight for products listed under (1) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey or Yugoslavia
           and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey, Cyprus or Yugoslavia,
       — 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria and for products listed under (r) of that Annex
           imported from Norway,
      — 60 ECU per 100 kg net weight for products listed under (s) of that Annex imported from Finland,
      — 18,13 ECU per 100 kg net weight for products listed under (q) of that Annex imported from Finland,
      — 15,00 ECU for products listed under (f) of that Annex imported from Australia and New Zealand.
(IJ) Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation (EEC) No 2730/75, subject to the same levy as that appli­
       cable to lactose and lactose syrup falling within subheading 17.02 A II.
(13) For the purposes of tariff subheading ex 23.07 B 'milk products' means the products falling within tariff headings and subheadings 04.01 , 04.02, 04.03,
       04.04, 17.02 A and 21.07 F I.