CELEX: 31983R0073
Language: en
Date: 1983-01-14 00:00:00
Title: Commission Regulation (EEC) No 73/83 of 13 January 1983 fixing the import levies on milk and milk products

No L 12/8                            Official Journal of the European Communities                             14. 1 . 83
                                   COMMISSION REGULATION (EEC) No 73/83
                                                   of 13 January 1983
                              fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                 Whereas Commission Regulation (EEC) No 1073/68
COMMUNITIES,                                                   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 the Treaty establishing the European          component of the levy fixed by means of a coefficient
Economic Community,                                            expressing the weight ratio between the milk powder
                                                               contained in the product and the product itself is, for
                                                               the products falling within subheading 04.02 B I b),
Having regard to Council Regulation (EEC) No 804/68            calculated by multiplying the basic amount by the
of 27 June 1968 on the common organization of the              quantity of milk powder contained in the product ;
market in milk and milk products ('), as last amended          whereas the same applies to products falling within
by Regulation (EEC) No 11 83/82 (2), and in particular         subheading 04.02 B II b) as regards the component of
Article 14(8) thereof,                                         the levy fixed by means of a coefficient expressing the
                                                               weight ratio between the milk components contained
                                                               in the product and the product itself ;
Having regard to the opinion of the Monetary
Committee,
                                                               Whereas the basic amount must be equal to one
Whereas Article 14 of Regulation (EEC) No 804/68               hundredth part of the levy set out for each product in
provides for charging a levy on imports of the                 the second subparagraph of Article 9 ( 1 ) and the
products listed in Article 1 of that Regulation ;              second subparagraph of Article 9 (2) of Regulation
whereas these products may be divided into groups ;            (EEC) No 1073/68 ;
whereas the product groups and the pilot groups and
the pilot product for each of these groups are set out
in Annex I to Council Regulation (EEC) No 2915/79
                                                               Whereas Annex II to Regulation (EEC) No 2915/79
of 18 December 1979 determining the groups of                  listed certain products of Group 1 1 originating in and
products and the special provisions for calculating            consigned from certain non-member countries ;
levies on milk and milk products and amending Regu­            whereas the levy applicable to these products is set out
lation (EEC) No 950/68 on the Common Customs                   in Annex I to Regulation (EEC) No 1767/82 (J), as last
Tariff (3), as last amended by Regulation (EEC) No             amended by Regulation (EEC) No 3336/82 (8) ;
3042/82 (4) ;
Whereas the levy on the products in any one group              Whereas Commission Regulation (EEC) No 3700/81
must be equal to the threshold price for the pilot             of 23 December 1981 (9) laid down detailed interim
product less the free-at-frontier price ; whereas these        rules in respect of the cheese agreements with Austria
threshold prices were fixed for the 1982/83 milk year          and Finland ; whereas Council Regulation (EEC) No
by Council Regulation (EEC) No 1185/82 of 18 May               3534/82 (10) suspended the application of Article 1 1 (2)
1982 0 ;                                                       of Regulation (EEC) No 2915/79 for the product indi­
                                                               cated at point (r) of Annex II to the said Regulation in
                                                               respect of Norway ;
Whereas, however, Regulation (EEC) No 2915/79 lays
down special provisions for calculating the levy on
certain assimilated products ; whereas these products
are listed and the method of calculating the levy on           Whereas, within the tariff quotas referred to in Annex
them described in Annex II and in Articles 2 to 1 1 of         I to Regulation (EEC) No 1767/82, the levy on 100
that Regulation respectively ; whereas this method             kilograms of a product of Group 10 or 11 and falling
consists in adding together the various components             within subheadings 04.04 E I b) 1 and b) 2 shall be
defined in those Articles ;                                    equal to 12-09 ECU ;
(') OJ No L 148 , 28 . 6. 1968 , p. 13 .                       0 OJ No L 180, 26. 7. 1968 , p. 25.
(2) OJ No L 140, 20 . 5 . 1982, p. 1 .                         0 OJ No L 196, 5 . 7. 1982, p. 1 .
0 OJ No L 329, 24. 12. 1979, p. 1 .                            (8) OJ No L 352, 14. 12. 1982, p. 14.
(<) OJ No L 322, 18 . 11 . 1982, p. 1 .                        0 OJ No L 369, 24. 12. 1981 , p. 33 .
h OJ No L 140, 20. 5. 1982, p. 4.                              H OJ No L 371 , 30 . 12. 1982, p. 4.
 ---pagebreak---  14 . 1 . 83                         Official Journal of the European Communities                           No L 12/9
 Whereas, for as long as it is found that on importation       milated product the levy on which is equal to the levy
into the Community the price of an assimilated                 on its pilot product must be effected in such a way as
product for which the levy is not equal to the levy on         to allow, in particular, for differences in composition,
its pilot product is considerably lower than the price         maturity, quality and presentation between the assimi­
which would obtain if the ratio to the price of the            lated product and the related pilot product ; whereas
pilot product were normal, the levy must be equal to           adjustments relating to composition must be calcu­
the sum of two components :                                    lated by multiplying the difference between the milk
                                                               component content of the pilot product and that of
                                                               the assimilated product in question by the value attri­
— one component equal to the amount resulting                  buted in international trade to one unit of weight of
      from the provisions of Articles 2 to 7 of Regulation     the milk component in question ; whereas, when the
      (EEC) No 2915/79 applicable to the assimilated           other adjustments are being effected, the difference
      product in question,                                     between the value attributed on the Community
                                                               market to each of the relevant characteristics of the
— an additional component fixed at a level which,
     the composition and quality of the assimilated            pilot product and the value attributed on that market
      product being taken into account, makes it               to the corresponding characteristics of the assimilated
      possible to re-establish normal price ratios for         product in question must be taken into account ;
      imports into the Community ;
                                                               Whereas, if no information on prices is available, the
                                                               free-at-frontier price may, by way of exception, be
Whereas Article 14(3) of Regulation (EEC) No 804/68            established on the basis of the value of the raw
provides that the levy on products in respect of which         materials contained in the pilot product in question
the customs duty has been bound within GATT must               (calculated on the basis of the prices of milk products
be limited to the amount resulting from that binding ;         for which prices are available), average processing costs
                                                               and average yields ;
Whereas Regulation (EEC) No 1073/68 provides that a
free-at-frontier price must be established for each of         Whereas, in exceptional circumstances, a free-at­
the pilot products defined in Annex I to Regulation            frontier price may remain unchanged for a limited
(EEC) No 2915/79 ; whereas these prices must be                period where the new level of the price for a given
determined for products of good marketable quality ;           quality or a specific origin, used as a basis for estab­
                                                               lishing the previous free-at-frontier price, has not
                                                               reached the Commission to enable it to establish the
Whereas the free-at-frontier prices must be established        next free-at-frontier price and if the Commission
on the basis of the most favourable purchasing oppor­          considers that the prices which are available could lead
tunities in international trade for the products listed in     to sudden and considerable changes in the free-at­
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No          frontier price because they are not sufficiently rep­
804/68 other than assimilated products for which the           resentative of real market trends ;
levy is not equal to the levy on the related pilot
products ; whereas, when recording these purchasing
opportunities, the Commission must take account of             Whereas, in accordance with Article 19(1 ) of Regula­
all information obtained direct or through the Member          tion (EEC) No 804/68, the nomenclature provided for
States concerning prices for delivery of third-country         in this Regulation is incorporated in the Common
products free-at-Community-frontier and prices on              Customs Tariff :
third-country markets ;
                                                               Whereas Article 8 of Regulation (EEC) No 1073/68
Whereas, however, no account should be taken of                provides that the levies are fixed every fortnight ;
information relating to small quantities which are not         whereas they may be altered in the intervening period
representative of trade in the products in question and        if necessary ; whereas the levy remains valid until
quantities in respect of which price trends in general         another becomes applicable ;
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­
sentative 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            — in the case of currencies which are maintained in
are not quoted free-at-Community-frontier or where                 relation to each other at any given moment within
they do not apply to products of good marketable                   a band of 2-25 % , a rate of exchange based on
quality ; whereas the adjustment in respect of an assi­            their central rate,
 ---pagebreak--- No L 12/ 10                      Official Journal of the European Communities                                 14. 1 . 83
                                                             HAS ADOPTED THIS REGULATION :
— for other currencies, an exchange rate based on the
   arithmetic mean of the spot market rates of each of
    these currencies recorded for a given period in                                 Article 1
    relation to the Community currencies referred to
    in the previous indent ;                                 The import levies referred to in Article 14 ( 1 ) of Regu­
                                                             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 January
out in the Annex hereto,                                     1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 January 1983 .
                                                                      For the Commission
                                                                        Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- 14. 1 . 83                       Official Journal of the European Communities                                 No L 12/ 11
                                                     ANNEX
           to the Commission Regulation of 13 January 1983 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                         23-52
           04.01 A I b)                                          0120                         21-11
           04.01 Alia) 1                                         0130                         21-11
           04.01 A II a) 2                                       0140                         26-32
           04.01 A lib) 1                                        0150                         19-90
           04.01 All b) 2                                        0160                         25-11
           04.01 B I                                             0200                         56-92
           04.01 B II                                            0300                        120-42
           04.01 B III                                           0400                        186-10
           04.02 A I                                             0500                         17-49
           04.02 A II a) 1                                       0620                         89-16
           04.02 A II a) 2                                       0720                        143-06
           04.02 A II a) 3                                       0820                        145-48
           04.02 A II a) 4                                       0920                        162-25
           04.02 A II b) 1                                       1020                         81-91
           04.02 A II b) 2                                       1120                        135-81
           04.02 A II b) 3                                       1220                        138-23
           04.02 A II b) 4                                       1320                        155-00
           04.02 A III a) 1                                      1420                         26-11
           04.02 A III a) 2                                      1520                         35-25
           04.02 A III b) 1                                      1620                        120-42
           04.02 A III b) 2                                      1720                        186-10
           04.02 B I a)                                          1820                         36-27
           04.02 B I b) 1 aa)                                    2220            per  kg       0-8191 (4)
           04.02 B I b) 1 bb)                                    2320            per  kg       1-3581 (4)
           04.02 B I b) 1 cc)                                    2420            per  kg       1-5500 (4)
           04.02 B I b) 2 aa)                                    2520            per  kg       0-8191 0
           04.02 B I b) 2 bb)                                    2620            per  kg       1-3581 0
           04.02 B I b) 2 cc)                                    2720            per  kg       1-5500 0
           04.02 B II a)                                         2820                         46-11
           04.02 B II b) 1                                       2910            per kg        1-2042 0
           04.02 B II b) 2                                       3010            per kg        1-8610 Q
           04.03 A                                               3110                        218-94
           04.03 B                                               3210                        267-11
           04.04 A                                               3300                        172-58 («)
           04.04 B                                               3900                        209-92 O
           04.04 C                                               4000                        136-17 (8)
           04.04 D I a)                                          4410                        145-06 O
           04.04 D I b)                                          4510                        156-15 (»)
           04.04 D II                                            4610                        252-87
           04.04 E I a)                                          4710                        209-92
           04.04 E I b) 1                                        4800                        193-04 (,0)
 ---pagebreak--- No L 12/ 12                   Official Journal of the European Communities                                 14. 1 . 83
                                                       (ECU/100 kg net weight, unless otherwise indicated)
                           CCT heading No                     Code                  Import levy
            04.04 E I b) 2                                    5000                        152-52 (")
            04.04 E I c) 1                                    5210                        1 14-39
            04.04 E I c) 2                                    5250                        249-24
            04.04 E II a)                                     5310                        209-92
            04.04 E II b)                                     5410                        249-24
            17.02 A II                                        5500                          40-14 (12)
            21.07 F I                                         5600                          40-14
            23.07 B I a) 3                                    5700                          63-85
            23.07 B I a) 4                                    5800                          82-69
            23.07 B I b) 3                                    5900                          77-92
            23.07 B I c) 3                                    6000                          65-34
            23.07 B II                                        6100                          82-69
 ---pagebreak--- 14. 1 . 83                              Official Journal of the European Communities                                 No L 12/ 13
  (') 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) 19-59 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) 19-59 ECU .
  (s) 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 is limited to 1209 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 or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania,
          Turkey or Cyprus,
      — to 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria,
      — to 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.
(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.