CELEX: 31987R2577
Language: en
Date: 1987-08-28
Title: Commission Regulation (EEC) No 2577/87 of 27 August 1987 fixing the import levies on milk and milk products

No L 244/8                                Official Journal of the European Communities                                 28 . 8 . 87
                                       COMMISSION REGULATION (EEC) No 2577/87
                                                        of 27 August 1987
                                     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 (*), 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
                                                                     itself :
in milk and milk products ('), as last amended by Regula­
tion (EEC) No 773/87 (2), and in particular Article 14(8)
thereof,
                                                                     Whereas the basic amount must be equal to one
                                                                     hundredth part of the levy set out for each product in the
Having regard to the opinion of the Monetary Committee,
                                                                     second subparagraph of Article 9 ( 1 ) and the second
                                                                     subparagraph of Article 9 (2) of Regulation (EEC) No
Whereas Article 14 of Regulation (EEC) No 804/68                      1073/68 ;
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 1 767/82 Q, as last amended by
sions for calculating levies on milk and milk products and            Regulation (EEC) No 394/87 (8) ;
amending Regulation (EEC) No 950/ 68 on the Common
Customs Tariff (3), as last amended by Regulation (EEC)
No 2346/87 (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 1987/88 milk year by Council Regula­
tion (EEC) No 1895/87 (*) ;
                                                                      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  78 , 20 . 3 . 1987, p. 1 .                             («) 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  213, 4. 8 . 1987, p . 1 .                              O   OJ   No L 40, 10. 2. 1987, p. 10.
 (Ó OJ No L 182, 3. 7. 1987, p. 33                                    0   OJ   No L 369, 24. 12. 1981 , p. 33.
 ---pagebreak--- 28 . 8 . 87                                Official Journal of the European Communities                                No L 244/9
— 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
  Whereas Regulation (EEC) No 788 /86 ('), as amended by                Regulation is incorporated in the Common Customs
  Regulation (EEC) No 1927/86 (2), specifies the free-at­               Tariff ;
  Spanish-frontier values of certain cheeses imported from
  and originating in Switzerland .
                                                                        Whereas Article 8 of Regulation (EEC) No 1073/68
                                                                        provides that the levies are fixed every fortnight ; whereas
  Whereas, however, no account should be taken of infor­                they may be altered in the intervening period if neces­
  mation relating to small quantities which are not repre­              sary ; whereas the levy remains valid until another
  sentative of trade in the products in question and quanti­            becomes applicable ;
  ties in respect of which price trends in general or other
   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               — in the case of currencies which are maintain^! in rela­
   not quoted free-at-Community-frontier or where they do                     tion to each other at any given moment within a band
   not apply to products of good marketable quality ;                        of 2,25 % , a rate of exchange based on their central
   whereas the adjustment in respect of an assimilated                        rate, multiplied by the coefficient provided for in the
   product the levy on which is equal to the levy on its pilot                last subparagraph of Article 3 (1 ) of Council Regula­
   product must be effected in such a way as to allow, in                     tion (EEC) No 1676/85 (3), as amended by Regulation
   particular, for differences in composition, maturity,                      (EEC) No 1 636/87 (4),
   (') OJ No L 74, 19 . 3 . 1986, p . 20 .                               (3) OJ No L 164, 24. 6. 1985, p. 1 .
   (2) OJ No L 167, 24. 6. 1986, p . 11 .                                h) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 244/ 10                           Official Journal of the European Communities                               28 . 8 . 87
— 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
Whereas it follows from applying these provisions that           hereto .
the levies on milk and milk products should be as set out
in the Annex hereto ;
                                                                                          Article 2
Whereas Commission Regulation (EEC) No 1826/87 (')               This Regulation shall enter into force on the day of its
provisionally fixed the import levies on products                 publication in the Official Journal of the European
processed from milk and milk products as from 1 July              Communities.
1987 ; whereas they should be adjusted to take account of
the decisions taken in respect of prices by the Council,          It shall apply with effect from 1 September 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at . Brussels, 27 August 1987.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 (') OJ No L 173, 30. 6. 1987, p. 7.
 ---pagebreak--- 28 . 8 . 87                       Official Journal of the European Communities                                 No L 244/ 11
                                                      ANNEX
            to the Commission Regulation of 27 August 1987 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                         33,45
            04.01 Alb)                                           ■ 0120                         31,04
            04.01 All a) 1                                         0130                         31,04
            04.01 A II a) 2                                        0140                         38,05
            04.01 A II b) 1                                        0150                         29,83
            04.01 A lib) 2                                         0160                         36,84
            04.01 B I                                              0200                         76,59
            04.01 B II                                             0300                       162,02
            04.01 B III                                            0400                       250,40
            04:02 A I                                              0500                         31,71
            04.02 A II a) 1                                        0620                       162,61
            04.02 A II a) 2                                        0720                       216,82
            04.02 A II a) 3                                        0820                       219,24
            04.02 A II a) 4                                        0920                       260,34
            04.02 A II b) 1                     \                  1020                        155,36
            04.02 A II b) 2                                        1120                       209,57
            04.02 A II b) 3                                        1220                       211,99
            04.02 A II b) 4                                        1320                       253,09
            04.02 A III a) 1                                       1420                         30,88
            04.02 A III a) 2                                       1520                         41,69
            04.02 A III b) 1                                       1620                        162,02
            04.02 A III b) 2                                       1720                       250,40
            04.02 B I a)                                           1820                         36,27
            04.02 B lb) 1 aa)                                      2220            per kg        1,5536 (4)
            04.02 B I b) 1 bb)                                     2320            per kg        2,0957 (4)
            04.02 B I b) 1 cc)                  \                  2420            per kg        2,5309 (")
            04.02 B I b) 2 aa)                                     2520            per kg        1,5536 0
            04.02 B I b) 2 bb)                                     2620            per kg        2,0957 0
            04.02 B I b) 2 cc)                                     2720            per kg        2,5309 0
            04.02 B II a)                       \                  2820                         53,76
            04.02 B II b) 1                                        2910            per kg        1 ,6202 0
            04.02 B II b) 2                                        3010            per kg        2,5040 0
            04.03 A                                                3110                       294,59
             04.03 B                                               3210                        359,40
             04.04 A                                               3300                       266,62 0
            04.04 B                                                3900                       374,85 0
            04.04 C                                                4000                        157,44 0
             04.04 D I a)                                          4410                        208,59 0
            04.04 D I b)                                           4510                        219,12 0
            04.04 D II                                             4610                       315,84
            04.04 E I a)                                           4710                       374,85
             04.04 E I b) 1                                        4800                        251,52 (,0)
 ---pagebreak--- No L 244/ 12                   Official Journal of the European Communities                                 28 . 8 . 87
                                                        (ECU/100 kg net weight, unless otherwise indicated)
                            CCT heading No                     Code                  Import levy
             04.04 E I b) 2                                    5000                        227,21 (")
             04.04 E I c) 1                                    5210                        170,41
             04.04 E I c) 2                                    5250                        323,93
             04.04 E II a)                                     5310                        374,85
             04.04 E II b)                                     5410                        323,93
             17.02 A II                                        5500                          42,54 (12)
             21.07 F I                                         5600                          42,54
             23.07 B I a) 3                                    5700                        1 18,94
             23.07 B I a) 4                                    5800                        154,67
             23.07 B I b) 3                                    5900                        145,13
             23.07 B I c) 3                                    6000                        120,22
             23.07 B II                                        6100                        154,67
 ---pagebreak--- 28 . 8 . 87                                          Official Journal of the European Communities                                              No L 244/13
  (') 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) 26,48 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) 26,48 ECU.
  (6) The levy is limited to :
        — 18,13 ECU per 100 kg net weight for products listed under (a) in Annex II to Regulation (EEC) No 2915/79 imported from Switzerland and for
             products listed under (c) of that Annex imported from Finland and for products listed under (d) of that Annex imported from Austria,
        — 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.
   f7) The levy is limited to 6 % of the customs value for imports from Switzerland, in accordance with Article 1 (3) of Regulation (EEC) No 2915/79.
   (8) The levy is limited to 60 ECU per 100 kg net weight for products listed under (p) of Annex II to Regulation (EEC) No 2915/79 imported from Austria.
   (') The levy is limited to 36,27 ECU per 100 kg net weight for products listed under (h) of Annex II to Regulation (EEC) No 2915/79 imported from Swit­
         zerland and for products listed under (i) of that Annex imported from Finland and for products listed under (k) of that Annex imported from Austria.
 (10) The levy per 100 kg net weight is limited to :
         — 12,09 ECU for products listed under (e) of Annex II to Regulation (EEC) No 2915/79 imported from Canada,
         — 15,00 ECU for products listed under (f) and (g) 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 (1) of Annex II to Regulation (EEC) No 2915/79 imported from Romania or Switzerland,
         — 60 ECU for products listed under (p) of that Annex imported from Austria and for products listed under (s) of that Annex imported from Finland,
         — 101,88 ECU per 100 kg net weight for products listed under (m) of that Annex imported from Romania or Switzerland,
         — 65,61 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey or Yugoslavia
             and for products listed under (o) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey, Cyprus or Yugoslavia,
         — 55 ECU per 100 kg net weight 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 (g) 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 appli­
         cable 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 subheadings 04.01 , 04.02, 04.03,
         04.04, 17.02 A and 21.07 F I.