CELEX: 31986R1371
Language: en
Date: 1986-05-08 00:00:00
Title: Commission Regulation (EEC) No 1371/86 of 7 May 1986 fixing the import levies on milk and milk products

8 . 5 . 86                                Official Journal of the European Communities                            No L 120/ 17
                                        COMMISSION REGULATION ( EEC) No 1371 /86
                                                          of 7 May 1986
                                    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 (6), 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
                                                                    the basic amount by the quantity of milk powder
Having regard to the Act of Accession of Spain and
                                                                    contained in the product ; whereas the same applies to
Portugal,
                                                                    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 1335/86 (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
                                                                    subparagraph of Article 9 (2) of Regulation (EEC) No
                                                                     1073 / 68 ;
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 these
products may be divided into groups ; whereas the                   Whereas Annex II to Regulation (EEC) No 2915/79 listed
product groups and the pilot groups and the pilot product           certain products of Group 1 1 originating in and
for each of these groups are set out in Annex I to Council          consigned from certain non-member countries ; whereas
Regulation (EEC) No 2915/79 of 18 December 1979                     the levy applicable to these products is set out in Annex I
determining the groups of products and the special provi­           to Regulation (EEC) No 1767/82 (J), as last amended by
sions for calculating levies on milk and milk products and          Regulation (EEC) No 778 / 86 (8) ;
amending Regulation (EEC) No 950/68 on the Common
Customs Tariff (3), as last amended by Regulation (EEC)
No 748 /86 (4);
                                                                    Whereas Commission Regulation (EEC) No 3700/ 81 of
                                                                    23 December 1981 (9) laid down detailed interim rules in
Whereas the levy on the products in any one group must              respect of the cheese agreements with Austria and
be equal to the threshold price for the pilot product less          Finland ;
the free-at-frontier price ; whereas these threshold prices
were fixed for the 1986/87 milk year by Council Regula­
tion (EEC) No 1339/86 0 ;
                                                                    Whereas, within the tariff quotas referred to in Annex I to
                                                                    Regulation (EEC) No 1767/ 82, the levy on 100 kilograms
Whereas, however, Regulation (EEC) No 2915/79 lays                  of a product of Group 10 or 11 or falling within subhea­
down special provisions for calculating the levy on certain         dings 04.04 E I b) 1 and b) 2 shall be the amount fixed in
assimilated products ; whereas these products are listed            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
                                                                    product is considerably lower than the price which would
Whereas Commission Regulation (EEC) No 1073 /68 of                  obtain if the ratio to the price of the pilot product were
24 July 1968 laying down detailed rules for determining             normal, the levy must be equal to the sum of two compo­
                                                                    nents :
(') OJ   No L 148, 28 . 6. 1968 , p. 13 .
(2) OJ   No L 119 , 8 . 5. 1986 .                                   (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 71 , 14. 3 . 1986, p. 3 .                             (8) OJ   No  L 73, 18 . 3 . 1986, p. 21 .
0   OJ   No L 119, 8 . 5 . 1986.                                    0   OJ   No  L 369 , 24. 12. 1981 , p. 33.
 ---pagebreak---  No L 120/ 18                           Official Journal of the European Communities                                    8 . 5 . 86
— one component equal to the amount resulting from                quality and presentation between the assimilated product
      the provisions of Articles 2 to 7 of Regulation (EEC)       and the related pilot product ; whereas adjustments rela­
      No 2915/79 applicable to the assimilated product in         ting to composition must be calculated by multiplying
      question,                                                   the difference between the milk component content of
                                                                  the pilot product and that of the assimilated product in
— an additional component fixed at a level which, the             question by the value attributed in international trade to
      composition and quality of the assimilated product          one unit of weight of the milk component in question ;
      being taken into account, makes it possible to              whereas, when the other adjustments are being effected,
      re-establish normal price ratios for imports into the       the    difference  between   the   value   attributed  on    the
      Community ;                                                 Community market to each of the relevant characteristics
                                                                  of the pilot product and the value attributed on that
                                                                  market to the corresponding characteristics of the assimi­
Whereas Article 14(3) of Regulation (EEC) No 804/ 68              lated product in question must be taken into account ;
 provides that the levy on products in respect of which the
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
                                                                  established on the basis of the value of the raw materials
Whereas Regulation (EEC) No 1073/68 provides that a               contained in the pilot product in question (calculated on
 free-at-frontier price must be established for each of the       the basis of the prices of milk products for which prices
pilot products defined in Annex I to Regulation (EEC)             are available), average processing costs and average yields ;
 No 2915/79 ; whereas these prices must be determined
 for products of good marketable quality ;
                                                                  Whereas, in exceptional circumstances, a free-at-frontier
                                                                  price may remain unchanged for a limited period where
Whereas the free-at-frontier prices must be established on        the new level of the price for a given quality or a specific
the basis of the most favourable purchasing opportunities         origin, used as a basis for establishing the previous free­
 in international trade for the products listed in Article        at-frontier price, has not reached the Commission to
 1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/68 other       enable it to establish the next free-at-frontier price and if
than assimilated products for which the levy is not equal         the Commission considers that the prices which are avai­
to the levy on the related pilot products ; whereas, when         lable could lead to sudden and considerable changes in
recording these purchasing opportunities, the Commis­             the free-at-frontier price because they are not sufficiently
sion must take account of all information obtained direct
                                                                  representative of real market trends ;
or through the Member States concerning prices for deli­
very of third-country products free-at-Community-frontier
and prices on third-country markets ;
                                                                  Whereas, in accordance with Article 19(1 ) of Regulation
                                                                  (EEC) No 804/68 , the nomenclature provided for in this
                                                                  Regulation is incorporated in the Common Customs
Whereas Regulation (EEC) No 788 /86 (') specifies the             Tariff ;
free-at-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)
particular, for differences in composition , maturity,                 No 1676/85 (2),
(') OJ No L 74, 19 . 3 . 1986, p. 20.                             (z) OJ No L 164, 24 . 6 . 1985, p. 1 .
 ---pagebreak--- 8 . 5 . 86                            Official Journal of the European Communities                           No L 120 / 19
— 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 12 May 1986 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 7 May 1986 .
                                                                         For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 ---pagebreak---  No L 120/20                          Official Journal of the European Communities                                              8 . 5. 86
                                                            ANNEX
             to the Commission Regulation of 7 May 1986 fixing the import levies on milk and milk
                                                            products
                                                                                       (ECU/100 kg net weight, unless otherwise indicated)
      CCT
    heading                                     Description                                       Code              Import levy
       No
04.01        Milk and cream, fresh, not concentrated or sweetened :
             A. Of a fat content, by weight, not exceeding 6 % :
                  I. Yoghourt, kephir, curdled milk, whey, buttermilk and other
                      fermented or acidified milk :
                      a) In immediate packings of a net capacity of two litres or less           0110                  31,84
                      b) Other                                                                    0120                 29,43
                 II . Other :
                      a) In immediate packings of a net capacity of two litres or less, and
                         of a fat content, by weight :
                         1 . Not exceeding 4%                                                    0130                  29,43
                         2. Exceeding 4 %                                                        0140                  35,83
                      b) Other, of a fat content, by weight :
                         1 . Not exceeding 4 %                                                   0150                  28,22
                         2. Exceeding 4 %                                                        0160                  34,62
             B. Other, of a fat content, by weight :
                   I. Exceeding 6 % but not exceeding 21 %                                       0200                  69,91
                  II. Exceeding 21 % but not exceeding 45 %                                      0300                 147,90
                III . Exceeding 45 %                                                             0400                 228,57
04.02        Milk and cream, preserved, concentrated or sweetened :
             A. Not containing added sugar :
                   I. Whey                                                                       0500                  27,89
                 II. Milk and cream, in powder or granules :
                      a) In immediate packings of a net capacity of 2-5 kg or less and of a
                         fat content, by weight :
                          1 . Not exceeding 1-5 %                                                0620                 158,01
                         2. Exceeding 1-5 % but not exceeding 27 %                               0720                 200,14
                         3. Exceeding 27 % but not exceeding 29 %                                0820                 202,56
                         4. Exceeding 29 %                                                       0920                 250,77
                      b) Other, of a fat content, by weight :
                         1 . Not exceeding 1-5%                                                  1020                 150,76
                         2. Exceeding 1-5 % but not exceeding 27 %                               1120                 192,89
                         3 . Exceeding 27 % but not exceeding 29 %                               1220                 195,31
                         4. Exceeding 29 %                                                       1320                 243,52
 ---pagebreak--- 8 . 5 . 86                             Official Journal of the European Communities                                       No L 120/ 21
                                                                                       (ECU/100 kg net weight, unless otherwise indicated)
       CCT
     heading                                     Description                                      Code               Import levy
        No
04.02           III. Milk and cream, other than in powder or granules :
(cont 'd)
                      a) In immediate packings of a net capacity of 2-5 kg or less and of a
                          fat content, by weight, not exceeding 11 % :
                          1 . Of a fat content, by weight, not exceeding 8-9 %                    1420                   30,14
                          2 . Other                                                               1520                   40,69
                      b) Other, of a fat content, by weight :
                          1 . Not exceeding 45 %                                                  1620              , 147,90
                          2. Exceeding 45 %                                                       1720                 228,57
             B. Containing added sugar :
                 I. Milk and cream, in powder or granules :
                     a) Special milk for infants ('), in hermetically sealed containers of a
                         net capacity of 500 g or less and of a fat content, by weight,
                         exceeding 10 % but not exceeding 27 % (2)                                1820                   36,27
                     b) Other :
                         1 . In immediate packings of a net capacity of 2 5 kg or less and
                              of a fat content, by weight :
                              aa) Not exceeding 1-5 % (3)                                         2220                1,5076 (4)
                                                                                                                        per kg
                              bb) Exceeding 1 -5 % but not exceeding 27 % (3)                     2320                1,9289 (4)
                                                                                                                        per kg
                              cc) Exceeding 27 % (3)                                              2420                2,4352 (4)
                                                                                                                        per kg
                         2. Other, of a fat content, by weight :
                              aa) Not exceeding 1-5 % (3)                                         2520                1,5076 0
                                                                                                                        per kg
                              bb) Exceeding 1 -5 % but not exceeding 27 % (3)                     2620                1,9289 0
                                                                                                                        per kg
                              cc) Exceeding 27 % (3)                                              2720                2,4352 0
                                                                                                                        per kg
                II . Milk and cream, other than in powder or granules :                        ||
                      a) In immediate packings of a net capacity of 2-5 kg or less and of a
                         fat content, by weight, not exceeding 9-5 %                              2820                   52,91
                      b) Other, of a fat content, by weight :
                          1 . Not exceeding 45 % (3)                                              2910                1,4790 0
                                                                                                                        per kg
                         2. Exceeding 45 % (3)                                                    3010                2,2857 0
                                                                                                                        per kg
04.03        Butter :
             A. Of a fat content, by weight, not exceeding 85 %                                   3110                 268,90
             B. Other                                                                             3210                  328,06
 04.04       Cheese and curd :
             A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois
                 and Tete de moine, not grated or powdered                                        3300                  217,50 0
             B. Glaurus herb cheese (known as Schabziger), made from skimmed milk
                 and mixed with finely-ground herbs (2)                                           3900                  336,75 0
             C. Blue-veined cheese, not grated or powdered                                        4000                  157,44 0
 ---pagebreak--- No L 120 / 22                            Official Journal of the European Communities                                            8 . 5 . 86
                                                                                        (ECU/100 kg net weight, unless otherwise indicated)
      CCT
    heading                                       Description                                      Code              Import levy
       No
04.04         D. Processed cheese , not grated or powdered, of a fat content, by weight :
(cont'd)
                   I. Not exceeding 36 % and of a fat content, by weight, in the dry
                       matter :
                       a) Not exceeding 48 %                                                       4410                170,30 (')
                       b) Exceeding 48 %                                                           4510                1 85,20 (9)
I                 II. Exceeding 36 %                                                               4610                281,92
              E. Other :
                   I. Not grated or powdered, of a fat content, by weight, not exceeding
I                      40 % and a water content, calculated by weight of the non-fatty          l
                       matter :
                       a) Not exceeding 47 %                                                       4710                336,75
                       b) Exceeding 47 % but not exceeding 72 % :
                           1 . Cheddar :                                                           4800                233,53 (10)
                           2 . Other :                                                             5000                1 80,95 (")
                       c) Exceeding 72 % :
                           1 . In immediate packings of a net capacity not exceeding 500 g         5210                135,71
                           2 . Other                                                               5250                277,67
                  II . Other :
                       a) Grated or powdered                                                       5310                336,75
                       b) Other                                                                    5410                277,67
17.02         Other sugars in solid form ; sugar syrups, not containing added flavouring or
              colouring matter ; artificial honey, whether or not mixed with natural            l
              honey ; caramel :                                                                 l
              A. Lactose and lactose syrup :
                  II . Other (than those containing, in the dry state, 99 % or more by          l
                       weight of the pure product) ( 12)                                           5500                  41,95
21.07         F. Flavoured or coloured sugar syrups :
                  I. Lactose syrup                                                                 5600                  41,95
23.07         Sweetened forage ; other preparations of a kind used in animal feeding :
              B. Other, containing starch, glucose, glucose syrup, maltodextrine or malto­
                  dextrine syrup, falling within subheadings 17.02 B and 21.07 F II, or
                  milk products ( u) :                                                          l
                   I. Containing starch , glucose, glucose syrup, maltodextrine or maltodex
                       trine syrup :                                                            \
                       a) Containing no starch or containing 10 % or less by weight of
                           starch :
                           3 . Containing not less than 50 % but less than 75 % by weight       \\
                               of milk products                                                    5700                115,49
                           4. Containing not less than 75 % by weight of milk products             5800                150,16
                       b) Containing more than 10 % but not more than 30 % by weight
                           of starch :                                                          Il
                           3 . Containing not less than 50 % by weight of milk products            5900                140,54
                       c) Containing more than 30 % by weight of starch :
                           3 . Containing not less than 50 % by weight of milk products            6000                115,59
i                 II. Containing no starch, glucose, glucose syrup, maltodextrine or malto
                       dextrine syrup, but containing milk products                                6100                150,16
 ---pagebreak--- 8 . 5 . 86                                  Official Journal of the European Communities                                    No L 120 / 23
  (') 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) 21,89 ECU .
  0 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) 21,89 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 Swit­
           zerland 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 Switzer­
           land .
  (^ 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.
(,0) 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 .
(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 1 7.02 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.