CELEX: 31985R0243
Language: en
Date: 1985-01-31 00:00:00
Title: Commission Regulation (EEC) No 243/85 of 30 January 1985 fixing the import levies on milk and milk products

No L 26/36                           Official Journal of the European Communities                            31 . 1 . 85
                                  COMMISSION REGULATION (EEC) No 243/85
                                                   of 30 January 1985
                              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 (3), as last amended by Regulation (EEC) No             listed certain products of Group 1 1 originating in and
3690/84 (4) ;                                                  consigned from certain non-member countries ;
                                                               whereas the levy applicable to these products is set out
                                                               in Annex I to Regulation (EEC) No 1767/82 Q, as last
Whereas the levy on the products in any one group              amended by Regulation (EEC) No 212/85 (8) ;
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 (9) laid down detailed interim
 1984 0 ;                                                      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 or falling
that Regulation respectively ; whereas this method             within subheadings 04.04 E I b) 1 and b) 2 shall be the
                                                               amount fixed in that Annex ;
(') OJ No L 148 , 28 . 6. 1968 , p. 13 .
(2) OJ No L 150, 6. 6. 1984, p. 6 .                            (6) OJ No   L 180, 26. 7. 1968 , p. 25.
(3) OJ No L 329, 24. 12. 1979, p. 1 .                          0   OJ No   L 196, 5. 7. 1982, p. 1 .
(4) OJ No L 341 , 29 . 12. 1984, p. 8 .                        (s) OJ No   L 24, 29 . 1 . 1985, p. 15.
H OT No L 90 , 1 . 4. 1984, p. 20 .                            f)  OJ No   L 369, 24. 12. 1981 , p. 33 .
 ---pagebreak---   31 . 1 . 85                         Official Journal of the European Communities                           No L 26/37
 Whereas, for as long as it is found that on importation         lated product and the related pilot product ; whereas
 into the Community the price of an assimilated                  adjustments relating to composition must be calcu­
 product for which the levy is not equal to the levy on          lated by multiplying the difference between the milk
 its pilot product is considerably lower than the price          component content of the pilot product and that of
 which would obtain if the ratio to the price of the             the assimilated product in question by the value attri­
 pilot product were normal, the levy must be equal to            buted in international trade to one unit of weight of
 the sum of two components :                                     the milk component in question ; whereas, when the
                                                                 other adjustments are being effected, the difference
 — one component equal to the amount resulting                   between the value attributed on the Community
       from the provisions of Articles 2 to 7 of Regulation      market to each of the relevant characteristics of the
      (EEC) No 2915/79 applicable to the assimilated             pilot product and the value attributed on that market
       product in question,                                      to the corresponding characteristics of the assimilated
                                                                 product in question must be taken into account ;
 — an additional component fixed at a level which,
      the composition and quality of the assimilated
      product being taken into account, makes it                 Whereas, if no information on prices is available, the
      possible to re-establish normal price ratios for           free-at-frontier price may, by way of exception, be
      imports into the Community ;                               established on the basis of the value of the raw
                                                                 materials contained in the pilot product in question
                                                                 (calculated on the basis of the prices of milk products
 Whereas Article 14(3) of Regulation (EEC) No 804/68             for which prices are available), average processing costs
 provides that the levy on products in respect of which          and average yields ;
 the customs duty has been bound within GATT must
 be limited to the amount resulting from that binding ;
                                                                 Whereas, in exceptional circumstances, a free-at­
                                                                 frontier price may remain unchanged for a limited
Whereas Regulation (EEC) No 1073/68 provides that a              period where the new level of the price for a given
 free-at-frontier price must be established for each of          quality or a specific origin, used as a basis for estab­
 the pilot products defined in Annex I to Regulation             lishing the previous free-at-frontier price, has not
(EEC) No 2915/79 ; whereas these prices must be                  reached the Commission to enable it to establish the
 determined for products of good marketable quality ;            next free-at-frontier price and if the Commission
                                                                considers that the prices which are available could lead
Whereas the free-at-frontier prices must be established         to sudden and considerable changes in the free-at­
on the basis of the most favourable purchasing oppor­            frontier price because they are not sufficiently rep­
tunities in international trade for the products listed in       resentative of real market trends ;
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No
 804/68 other than assimilated products for which the
                                                                Whereas, in accordance with Article 19(1 ) of Regula­
levy is not equal to the levy on the related pilot
                                                                tion (EEC) No 804/68, the nomenclature provided for
products ; whereas, when recording these purchasing
                                                                in this Regulation is incorporated in the Common
opportunities, the Commission must take account of              Customs Tariff ;
all information obtained direct or through the Member
States concerning prices for delivery of third-country
products free-at-Community-frontier and prices on               Whereas Article 8 of Regulation (EEC) No 1073/68
third-country markets ;                                         provides that the levies are fixed every fortnight ;
                                                                whereas they may be altered in the intervening period
Whereas, however, no account should be taken of                 if necessary ; whereas the levy remains valid until
information relating to small quantities which are not          another becomes applicable ;
representative of trade in the products in question and
quantities in respect of which price trends in general          Whereas, if the levy system is to operate normally,
or other information available to it lead the Commis­
                                                                refunds should be calculated on the following basis :
sion to believe that the price in question is unrepre­
sentative of the real trend of the market ;
                                                                — in the case of currencies which are maintained in
                                                                     relation to each other at any given moment within
Whereas the prices used must be adjusted where they                  a band of 2,25 % , a rate of exchange based on
are not quoted free-at-Community-frontier or where                   their central rate, multiplied by the coefficient
they do not apply to products of good marketable                     provided for in Article 2b (2) of Regulation (EEC)
quality ; whereas the adjustment in respect of an assi­              No 974/71 ('), as last amended by Regulation (EEC)
milated product the levy on which is equal to the levy               No 855/84 (2),
on its pilot product must be effected in such a way as
to allow, in particular, for differences in composition,        (') OJ No L 106, 12. 5. 1971 , p. 1 .
maturity, quality and presentation between the assimi­          (2 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 26/38                       Official Journal of the European Communities                                 31 . 1 . 85
— 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 1 February
out in the Annex hereto,                                     1985 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 January 1985.
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                          Vice-President
 ---pagebreak--- 31 . 1 . 85                       Official Journal of the European Communities                                 No L 26/39
                                                      ANNEX
            to the Commission Regulation of 30 January 1985 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                          25,51
            04.01 Alb)                                            0120                          23,10
            04.01 A II a) 1                                       0130                          23,10
            04.01 A II a) 2                                       0140                          28,29
            04.01 A II b) 1                                       0150                          21,89
            04.01 All b) 2                                        0160                          27,08
            04.01 B I                                             0200                          56,75
            04.01 B II                                            0300                        120,05
            04.01 B III                                           0400                        185,53
            04.02 A I                                             0500                          14,87
            04.02 A II a) 1                                       0620                        112,62
            04.02 A II a) 2                                       0720                        158,71
            04.02 A II a) 3                                       0820                        161,13
            04.02 A II a) 4                                       0920                        234,12
            04.02 A II b) 1                                       1020                        105,37
            04.02 A  II b) 2                                      1120                        151,46
            04.02 A  II b) 3                                      1220                        153,88
            04.02 A  II b) 4                                      1320                        226,87
            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                        120,05
            04.02 A III b) 2                                      1720                        185,53
            04.02 B I a)                                          1820                       ' 36,27
            04.02 B I b) 1 aa)                                    2220            per kg         1,0537 (4)
            04.02 B I b) 1 bb)                                    2320            per kg         1 ,5 1 46 (4)
            04.02 B I b) 1 cc)                                    2420            per  kg        2,2687 (4)
            04.02 B I b) 2 aa)                                    2520            per  kg        1,0537
            04.02 B I b) 2 bb)                                    2620            per  kg        1,5146 0
            04.02 B I b) 2 cc)                                    2720            per  kg        2,2687 0
            04.02 B II a)                                         2820                          50,55
            04.02 B II b) 1                                       2910            per kg         1,2005 0
            04.02 B II b) 2                                       3010            per kg         1,8553 0
            04.03 A                                               3110                        218,27
            04.03 B                                               3210                        266,29
            04.04 A                                               3300                        203,60 (6)
            04.04 B                                               3900                        193,65 0
            04.04 C                                               4000                        157,69 (8)
            04.04 D I a)                                          4410                        163,50 (9)
            04.04 D I b)                                          4510                        169,84 0
            04.04 D II                                            4610                        266,56
            04.04 E I a)                                          4710                        193,65
            04.04 E I b) 1                                        4800                        1 94,42 (10)
 ---pagebreak--- No L 26/40                   Official Journal of the European Communities                                 31 . 1 . 85
                                                      (ECU/100 kg net weight, unless otherwise indicated)
                          CCT heading No                     Code                  Import levy
           04.04 E I b) 2                                    5000                        175,62 (")
           04.04 E I c) 1                                    5210                        131,72
           04.04 E I c) 2                                    5250                        272,34
           04.04 E II a)                                     5310                        193,65
           04.04 E II b)                                     5410                        272,34
           17.02 A II                                        5500                         40,31 (12)
           21.07 F I                                         5600                         40,31
           23.07 B I a) 3                                    5700                         81,45
           23.07 B I a) 4                                    5800                        105,68
           23.07 B I b) 3                                    5900                         98,31
           23.07 B I c) 3                                    6000                         79,49
           23.07 B II                                        6100                        105,68
 ---pagebreak---  31 . 1 . 85                            Official Journal of the European Communities                                 No L 26/41
  (') 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) 23,23 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) 23,23 ECU.
  (*) 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 .
  Q 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.
  (9) 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 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, 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,
      — 15,00 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.
(13) 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.