CELEX: 31984R2344
Language: en
Date: 1984-08-14 00:00:00
Title: Commission Regulation (EEC) No 2344/84 of 13 August 1984 fixing the import levies on milk and milk products

14 . 8 . 84                               Official Journal of the European Communities                           No L 217/21
                                     COMMISSION REGULATION ( EEC) No 2344/84
                                                        of 13 August 1984
                                  fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                      consists in adding together the various components
COMMUNITIES,                                                        defined in those Articles ;
Having regard to the Treaty establishing the European                whereas Commission Regulation (EEC) No 1073/68
Economic Community,                                                 of 24 July 1968 laying down detailed rules for deter­
                                                                    mining free-at-frontier prices and for fixing levies in
                                                                    respect of milk and milk products (6), provides that the
Having regard to Council Regulation (EEC) No 804/68                 component of the levy fixed by means of a coefficient
of 27 June 1968 on the common organization of the                   expressing the weight ratio between the milk powder
market in milk and milk products ('), as last amended               contained in the product and the product itself is, for
by Regulation ( EEC) No 1 557/ 84 (2), and in particular            the products falling within subheading 04.02 B I b),
Article 14(8 ) thereof,                                             calculated by multiplying the basic amount by the
                                                                    quantity of milk powder contained in the product ;
                                                                    whereas the same applies to products falling within
Having regard to the opinion of the Monetary                        subheading 04.02 B II b) as regards the component of
Committee ,                                                         the levy fixed by means of a coefficient expressing the
                                                                    weight ratio between the milk components contained
                                                                    in the product and the product itself ;
Whereas Article 14 of Regulation ( EEC) No 804/68
provides for charging a levy on imports of the
products listed in Article 1 of that Regulation ;                   whereas the basic amount must be equal to one
whereas these products may be divided into groups ;                 hundredth part of the levy set out for each product in
whereas the product groups and the pilot groups and                 the second subparagraph of Article 9(1 ) and the
the pilot product for each of these groups are set out              second subparagraph of Article 9 (2) of Regulation
in Annex I to Council Regulation (EEC) No 2915/79                   (EEC) No 1073/68 ;
of 18 December 1979 determining the groups of
products and the special provisions for calculating
levies on milk and milk products and amending Regu­
lation (EEC) No 950/ 68 on the Common Customs                       Whereas Annex II to Regulation (EEC) No 2915/79
Tariff ('), as last amended by Regulation ( EEC) No                 listed certain products of Group 1 1 originating in and
 1 736/84 O ;                                                       consigned from certain non-member countries ;
                                                                    whereas the levy applicable to these products is set out
                                                                    in Annex I to Regulation (EEC) No 1 767/ 82 Q, as last
Whereas the levy on the products in any one group                   amended by Regulation (EEC) No 2239/84 (*) ;
must be equal to the threshold price for the pilot
product less the free-at-frontier price ; whereas these
threshold prices were fixed for the 1984/ 85 milk year              Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation ( EEC) No 860 / 84 of 31 March                of 23 December 1981 (v) laid down detailed interim
 1984 ('") ;                                                        rules in respect of the cheese agreements with Austria
                                                                    and Finland ;
Whereas, however, Regulation (EEC) No 2915/79 lays
down special provisions for calculating the levy on
certain assimilated products ; whereas these products               Whereas, within the tariff quotas referred to in Annex
are listed and the method of calculating the levy on                 I to Regulation ( EEC) No 1767/ 82, the levy on 100
them described in Annex II and in Articles 2 to 1 1 of              kilograms of a product of Group 10 or 11 and falling
that Regulation respectively ; whereas this method                  within subheadings 04.04 E I b) 1 and b) 2 shall be
                                                                    equal to 12,09 ECU ;
(') OJ   No  L 148 , 28 . 6 . 1968 , p. 13 .
(-) OJ   No  L 150 , 6 . 6 . 1984, p. 6 .                           (') OJ  No  L 180 , 26 . 7 . 1968 , p. 25 .
0   OJ   No  L 329 , 24 . 12 . 1979 , p. 1 .                        0   OJ  No  L 196 , 5 . 7 . 1982 , p. 1 .
C)  OJ   No  L 164, 22 . 6 . 1984, p . 10 .                         ("} OJ  No  L 205 , 1 . 8 . 1984 , p. 42 .
O   OJ   No  L 90 , 1 . 4 . 1984, p. 20 .                           O   OJ  No  L 369 , 24 . 12 . 1981 , p. 33 .
 ---pagebreak--- No L 217/ 22                        Official Journal of the European Communities                              14 . 8 . 84
Whereas, for as long as it is found that on importation       to allow, in particular, for differences in composition ,
into the Community the price of an assimilated                maturity, quality and presentation between the assimi­
product for which the levy is not equal to the levy on         lated product and the related pilot product ; whereas
its pilot product is considerably lower than the price        adjustments relating to composition must be calcu­
which would obtain if the ratio to the price of the           lated by multiplying the difference between the milk
pilot product were normal, the levy must be equal to          component content of the pilot product and that of
the sum of two components :                                   the assimilated product in question by the value attri­
                                                              buted in international trade to one unit of weight of
                                                              the milk component in question ; whereas, when the
— one component equal to the amount resulting
                                                              other adjustments are being effected, the difference
     from the provisions of Articles 2 to 7 of Regulation
    (EEC) No 2915/79 applicable to the assimilated            between the value attributed on the Community
                                                               market to each of the relevant characteristics of the
     product in question,
                                                               pilot product and the value attributed on that market
— an additional component fixed at a level which ,             to the corresponding characteristics of the assimilated
     the composition and quality of the assimilated            product in question must be taken into account ;
     product being taken into account, makes it
     possible to re-establish normal price ratios for
     imports into the Community ;                             Whereas, if no information on prices is available, the
                                                               free-at-frontier price may, by way of exception, be
                                                               established on the basis of the value of the raw
Whereas Article 14(3) of Regulation (EEC) No 804/ 68           materials contained in the pilot product in question
provides that the levy on products in respect of which        (calculated on the basis of the prices of milk products
the customs duty has been bound within GATT must               for which prices are available), average processing costs
be limited to the amount resulting from that binding ;         and average yields ;
Whereas Regulation (EEC) No 1073/68 provides that a           Whereas, in exceptional circumstances, a free-at­
free-at-frontier price must be established for each of         frontier price may remain unchanged for a limited
the pilot products defined in Annex I to Regulation            period where the new level of the price for a given
(EEC) No 2915/79 ; whereas these prices must be                quality or a specific origin, used as a basis for estab­
determined for products of good marketable quality ;           lishing the previous free-at-frontier price, has not
                                                               reached the Commission to enable it to establish the
                                                               next free-at-frontier price and if the Commission
Whereas the free-at-frontier prices must be established        considers that the prices which are available could lead
on the basis of the most favourable purchasing oppor­          to sudden and considerable changes in the free-at­
tunities in international trade for the products listed in     frontier price because they are not sufficiently rep­
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No          resentative of real market trends ;
 804/68 other than assimilated products for which the
levy is not equal to the levy on the related pilot
products ; whereas, when recording these purchasing            Whereas, in accordance with Article 19(1 ) of Regula­
opportunities, the Commission must take account of             tion (EEC) No 804/68 , the nomenclature provided for
all information obtained direct or through the Member          in this Regulation is incorporated in the Common
States concerning prices for delivery of third-country         Customs Tariff ;
 products free-at -Community-frontier and prices on
third-country markets ;
                                                               Whereas Article 8 of Regulation (EEC) No 1073/68
                                                               provides that the levies are fixed every fortnight ;
Whereas, however, no account should be taken of                whereas they may be altered in the intervening period
 information relating to small quantities which are not        if necessary ; whereas the levy remains valid until
 representative of trade in the products in question and       another becomes applicable ;
 quantities in respect of which price trends in general
 or other information available to it lead the Commis­
 sion to believe that the price in question is unrepre­        Whereas, if the levy system is to operate normally,
 sentative of the real trend of the market ;                   refunds should be calculated on the following basis :
                                                               — in the case of currencies which are maintained in
Whereas the prices used must be adjusted where they                relation to each other at any given moment within
 are not quoted free-at-Community-frontier or where                a band of 2,25 % , a rate of exchange based on
 they do not apply to products of good marketable                  their central rate, multiplied by the coefficient
 quality ; whereas the adjustment in respect of an assi­           provided for in Article 2b (2) of Regulation (EEC)
 milated product the levy on which is equal to the levy             No 974/71 , as last amended by Regulation (EEC)
 on its pilot product must be effected in such a way as             No 855 / 84,
 ---pagebreak--- 14. 8 . 84                       Official Journal of the European Communities                          No L 217/23
— 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                                Article 1
    relation to the Community currencies referred to
    in the previous indent and the aforesaid coeffi­         The import levies referred to in Article 14(1 ) of Regu­
    cient ;                                                  lation (EEC) No 804/68 shall be as set out in the
                                                             Annex hereto .
                                                                                    Article 2
Whereas it follows from applying these provisions that
the levies on milk and milk products should be as set        This Regulation shall enter into force on 16 August
out in the Annex hereto ,                                    1984 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 August 1984.
                                                                      For the Commission
                                                                        Poul DALSAGER
                                                                  Member of the Commission
 ---pagebreak--- No L 217/ 24                      Official Journal of the European Communities                                  14. 8 . 84
                                                      ANNEX
           to the Commission Regulation of 13 August 1984 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 Ala)                                              0110                           24,89
           04.01 Alb)                                              0120                           22,48
           04.01 A II a) 1                                         0130                          22,48
           04.01 A II a) 2                                         0140                           27,10
           04.01 A II b) 1                                         0150                           21,27
           04.01 A lib) 2                                          01§0                           25,89
           04.01 B I                                               0200                           50,39
           04.01 B II                                              0300                        106,59
           04.01 B III                                             0400                        164,73
           04.02 A I                                               0500                           17,96
           04.02 A II a) 1                                         0620                        118,99
           04.02 A II a) 2                                         0720                        153,08
           04.02 A II a) 3                                         0820                        155,50
           04.02 A II a) 4                                         0920                        222,55
           04.02 A II b) 1                                         1020                        111,74
           04.02 A II b) 2                                         1 120                       145,83
           04.02 A II b) 3                                         1220                        148,25
           04.02 A II b) 4                                         1320                        215,30
           04.02 A III a) 1                                        1420                           26,59
           04.02 A III a) 2                                        1520                           35,90
           04.02 A III b) 1                                        1620                        106,59
           04.02 A III b) 2                                        1720                        1 64,73
           04.02 B I a )                                           1820                           36,27
           04.02 B I b) 1 aa)                                      2220            per kg          1,1 174 (4)
           04.02 B I b) 1 bb)                                      2320            per kg          1,4583 (")
           04.02 B I b) 1 cc)                                      2420            per kg          2,1530 (4)
           04.02 B I b) 2 aa)                                      2520            per kg          1,1 174 ( s)
           04.02 B I b) 2 bb)                                      2620            per kg          1,4583 (')
           04.02 B I b) 2 cc )                                     2720            per kg          2,1530 ( 5)
           04.02 B II a)                                           2820                           50,55
           04.02 B II b) 1                                         2910            per kg          1,0659 ( s)
           04.02 B II b) 2                                         3010            per kg          1,6473 ( 5)
           04.03 A                                                 3110                        193,80
           04.03 B                                                 3210                        236,44
           04.04 A                                             •   3300                        203,74 (6)
           04.04 B                                                 3900                        225,55 O
           04.04 C                                                 4000                        1 57,69 (*)
           04.04 D I a)                                            4410                        162,28 O
           04.04 D I b)                                            4510                         1 63,97 O
           04.04 D II                                              4610                        260,69
           04.04 E I a)                                            4710                        225,55
           04.04 E I b) 1                                          4800                        1 88,77 ("')
 ---pagebreak--- 14 . 8 . 84                   Official Journal of the European Communities                                No L 217/25
                                                       (ECU/100 k » net weight, unless otherwise indicated)
                           CCT heading No                     Code                   Import levy
            04.04 E I b) 2                                    5000                         1 75,62 (")
            04.04 E I c) 1                                    5210                         131,72
            04.04 E I c) 2                                    5250                         272,34
            04.04 E 11 a)                                     5310                         225,55
            04.04 E II b)                                     5410                         272,34
            17.02 All                                         5500                           40,31 ( IJ)
            21.07 F I                                         5600                           40,31
            23.07 B I a) 3                                    5700                           86,23
            23.07 B I a) 4                                    5800                         111,93
            23.07 B I b) 3                                    5900                         103,56
            23.07 B I c) 3                                    6000                           82,42
            23.07 B II                                        6100                         111,93
 ---pagebreak--- No L 217 /26                            Official Journal of the European Communities                                     14 . 8 . 84
  (') 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.
  (2) 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 cream contained in 100 kg of product ;
      (b) 7,25 ECU ; and
      (c) 23,38 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) 23,38 ECU.
  (6) 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 .
  (7) 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.
  (8) 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.
  (') 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 Switzerland and for products listed under (h) of that Annex imported from Austria or Finland.
(10) The levy is limited to 12,09 ECU per 100 kg net weight :
      — for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada,
      — 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, for products listed under
          (s) of that Annex imported from Finland and for products listed under (r) of that Annex imported from Norway,
      — 18,13 ECU per 100 kg net weight for products listed under (q) of that Annex imported from Finland,
      — 12,09 ECU for products listed under (f) of that Annex imported from Australia and New Zealand .
(12) 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 applicable to lactose and lactose syrup falling within subheading 17.02 A II .
('■') For the purposes of tariff subheading ex 23.07 B 'milk products' means the products falling within tariff headings and sub­
      headings 04.01 , 04.02, 04.03 , 04.04, 17.02 A and 21.07 F I.