CELEX: 31985R1935
Language: en
Date: 1985-07-13 00:00:00
Title: Commission Regulation (EEC) No 1935/85 of 12 July 1985 fixing the import levies on milk and milk products

No L 181 /8                              Official Journal of the European Communities                              13 . 7. 85
                                    COMMISSION REGULATION (EEC) No 1935/85
                                                          of 12 July 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
 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 (*), 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 1298/85 (2), and in particular               the products falling within subheading 04.02 B I b),
 Article 1 4 (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
 1300/85 (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 1821 /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 1985/86 milk year               Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation (EEC) No 1301 /85 of 23 May                   of 23 December 1981 (9) laid down detailed interim
 1985 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 137,  27.  5. 1985, p. 5.                            (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  137,  27.  5. 1985, p. 7.                            (8) OJ   No  L 172,  2. 7. 1985, p. 6.
0   OJ  No   L 137,  27.  5. 1985, p. 8 .                           0   OJ   No  L 369 , 24. 12. 1981 , p. 33 .
 ---pagebreak---  13 . 7 . 85                         Official Journal of the European Communities                          No L 181 /9
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 181 / 10                    Official Journal of the European Communities                               13 . 7 . 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 .
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 16 July 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 12 July 1985.
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                          Vice-President
 ---pagebreak--- 13 . 7 . 85                        Official Journal of the European Communities                                No L 181 / 11
                                                       ANNEX
            to the Commission Regulation of 12 July 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                          27,30
            04.01  A lb)                                            0120                          24,89
            04.01  A II a) 1                                        0130                          24,89
            04.01  A II a) 2                                        0140                          30,46
            04.01  A II b) 1                                        0150                          23,68
            04.01  A lib) 2                                         0160                          29,25
            04.01 B I                                               0200                          60,94
            04.01 B II                                              0300                        128,90
            04.01 B III                                             0400                        199,21
            04.02 A I                                               0500                          18,01
            04.02 A II a) 1                                         0620                        124,37
            04.02 A II a) 2                                         0720                        170,48
            04.02 A II a) 3                                         0820                         172,90
            04.02 A II a) 4                                         0920                        242,81
            04.02 A II b) 1                                          1020                        117,12
            04.02 A lib) 2                                           1120                        163,23
            04.02 A lib) 3                                           1220                        165,65
             04.02 A lib) 4                                          1320                       235,56
             04.02 A III a) 1                                        1420                         27,57
             04.02 A III a) 2                                        1520                         37,22
             04.02 A III b) 1                                        1620                        128,90
             04.02 A III b) 2                                        1720                        199,21
             04.02 B I a)                                            1820                         36,27
             04.02 B I b) 1 aa)                                      2220            per kg         1,1712 (4)
             04.02 B I b) 1 bb)                                      2320            per  kg        1,6323 (4)
             04.02 B I b) 1 cc)                                      2420            per  kg        2,3556 (4)
             04.02 B I b) 2 aa)                                      2520            per  kg        1,1712 0
             04.02 B I b) 2 bb)                                      2620            per  kg        1,6323 0
             04.02 B I b) 2 cc)                                      2720            per  kg        2,3556 0
             04.02 B II a)                                           2820                         52,91
             04.02 B II b) 1                                         2910   •        per kg         1,2890 0
             04.02 B lib) 2                                          3010            per kg         1,9921 0
             04.03 A                                                 3110                        234,37
             04.03 B                                                 3210                        285,93 •
             04.04 A                                                 3300                        182,02 O
             04.04 B                                                 3900                        219,40 ( 7)
             04.04 C                                                 4000                        162,97 0
             04.04 D I a)                                            4410                        168,72 O
             04.04 D I b)                                            4510                        177,02 0
             04.04 D II                                              4610                        273,74
             04.04 EI a)                                             4710                        219,40
             04.04 E I b) 1                                          4.800                       186,94 (,0)
 ---pagebreak--- No L 181 / 12                 Official Journal of the European Communities                                 13 . 7. 85
                                                       (ECU/100 kg net weight, unless otherwise indicated)
                           CCT heading No                     Code                  Import levy
            04.04 E I b) 2                                    5000                        181,14 (>')
            04.04 E I c) 1                                    5210                        135,86
            04.04 E I c) 2                                    5250                        277,86
            04.04 E II a)                                     5310                        219,40
            04.04 E II b)                                     5410                        277,86
            17.02 A II                                        5500                         41,80 (l2)
            21.07 F I                                         5600                         41,80
            23.07 B I a) 3                                    5700                         90,26
            23.07 B I a) 4                                    5800                        117,20
            23.07 B I b) 3                                    5900                        109,23
            23.07 B I c) 3                                    6000                         88,79
            23.07 B II                                        6100                        117,20
 ---pagebreak---  13 . 7. 85                             Official Journal of the European Communities                               No L 181 / 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 1 00 kg of product ;
      (b) 7,25 ECU ; and
      (c) 23,82 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) 23,82 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.
  f) 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 1 00 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.