CELEX: 31983R1764
Language: en
Date: 1983-06-30 00:00:00
Title: Commission Regulation (EEC) No 1764/83 of 29 June 1983 fixing the import levies on milk and milk products

30 . 6 . 83                             Official Journal of the European Communities                        No L 172/31
                                    COMMISSION REGULATION (EEC) No 1764/83
                                                       of 29 June 1983
                                 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
Economic Community,
                                                                  Whereas Commission Regulation (EEC) No 1073/68
                                                                  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 1600/83 (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
 1206/83 0 ;                                                      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 1264/83 (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 1983/84 milk year             Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation (EEC) No 1207/83 of 17 May                  of 23 December 1981 (9) laid down detailed interim
 1983 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 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 .
O   OJ   No  L 163, 22.  6. 1983, p. 56.                          (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 .
H   OJ   No  L 132, 21 . 5. 1983, p. 3 .                          (8) OJ  No  L 133, 21 . 5. 1983, p. 54.
n   OJ No L 132, 21 ,    5 . 1983 , p. 4.                           » OJ  No  L 369, 24. 12. 1981 , p. 33 .
 ---pagebreak---   No L 172/32                        Official Journal of the European Communities                              30 . 6 . 83
 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--- 30 . 6 . 83                       Official Journal of the European Communities                          No L 172/33
— 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 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 .
Whereas it follows from applying these provisions that                               Article 2
the levies on milk and milk products should be as set
out in the Annex hereto,                                      This Regulation shall enter into force on 1 July 1983.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 June 1983 .
                                                                       For the Commission
                                                                         Poul DALSAGER
                                                                    Member of the Commission
 ---pagebreak--- No L 172/34                     Official Journal of the European Communities                                  30. 6. 83
                                                    ANNEX
          to the Commission Regulation of 29 June 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 A I a)                                           0110                         23,87
          04.01 A lb)                                            0120                         21,46
          04.01 Alia) 1                                          0130                         21,46
          04.01 All a) 2                                         0140                         26,53
          04.01 A II b) 1                                        0150                         20,25
          04.01 A lib) 2                                         0160                         25,32
          04.01 B I                                              0200                         55,35
          04.01 B II                                             0300                        117,08
          04.01 B III                                            0400                        180,95
          04.02 A I                                              0500                         18,68
          04.02 A II a) 1                                        0620                         96,59
          04.02 A II a) 2                                        0720                        133,34
          04.02 A II a) 3                                        0820                        135,76
          04.02 A II a) 4                                        0920                        154,76
          04.02 A II b) 1                                        1020                         89,34
          04.02 A II b) 2                                        1120                        126,09
          04.02 A II b) 3                                        1220                        128,51
          04.02 A II b) 4                                        1320                        147,51
          04.02 A III a) 1                                       1420                         24,84
          04.02 A III a) 2                                       1520                         33,53
          04.02 A III b) 1                                       1620                        117,08
          04.02 A III b) 2                                       1720                        180,95
          04.02 B I a)                                           1820                         36,27
          04.02 B I b) 1 aa)                                     2220            per  kg       0,8934 (*)
          04.02 B I b) 1 bb)                                     2320            per  kg       1,2609 0
          04.02 B I b) 1 cc)                                     2420            per  kg       1,4751 (*)
          04.02 B I b) 2 aa)                                     2520            per  kg       0,8934 0
          04.02 B I b) 2 bb)                                     2620            per  kg       1,2609 0
          04.02 B I b) 2 cc)                                     2720            per  kg       1,4751 0
          04.02 B II a)                                          2820                         47,78
          04.02 B II b) 1                                        2910            per kg        1,1708 O
          04.02 B II b) 2                                        3010            per kg        1,8095 0
          04.03 A                                                3110                        212,88
          04.03 B                                                3210                        259,71
          04.04 A                                                3300                        204,92 O
          04.04 B                                                3900                        186,67 0
          04.04 C                                                4000                        143,23 O
          04.04 D I a)                                           4410                        151,18 O
          04.04 D I b)                                           4510                        159,52 O
          04.04 D II                                             4610                        256,24
          04.04 E I a)                                           4710                        186,67
          04.04 E I b) 1                                         4800                        193,81 (10)
 ---pagebreak--- 30 . 6 . 83                   Official Journal of the European Communities                               No L 172/35
                                                       (ECU/100 kg net weight, unless otherwise indicated)
                           CCT heading No                     Code                  Import levy
            04.04 E I b) 2                                    5000                        160,56 (")
            04.04 E I c) 1                                    5210                        120,42
            04.04 E I c) 2                                    5250                        257,28
            04.04 E II a)                                     5310                        186,67
            04.04 E II b)                                     5410                        257,28
            17.02 All                                         5500                         41,05 (12)
            21.07 F I                                         5600                         41,05
            23.07 B I a) 3                                    5700                         69,43
            23.07 B I a) 4                                    5800                         89,97
            23.07 B I b) 3                                    5900                         84,15
            23.07 B I c) 3                                    6000                         69,08
            23.07 B II                                        6100                         89,97
 ---pagebreak--- No L 172/36                             Official Journal of the European Communities                                    30 . 6 . 83
  (') 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) 13,74 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) 13,74 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 .
  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.
  (') 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.
(I0) 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 or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania,
          Turkey or Cyprus,
      — 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,
      — 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.