CELEX: 31984R0886
Language: en
Date: 1984-04-01
Title: Commission Regulation (EEC) No 886/84 of 31 March 1984 fixing the import levies on milk and milk products

No L 91 /22                               Official Journal of the European Communities                              1 . 4. 84
                                     COMMISSION REGULATION (EEC) No 886/84
                                                        of 31 March 1984
                                  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 856/84 (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
859/84 (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 f7), as last
Whereas the levy on the products in any one group                   amended by Regulation (EEC) No 891 /84 (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 1984/85 milk year               Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation (EEC) No 860/84 of 31 March                   of 23 December 1981 (') laid down detailed interim
 1984 (*);                                                          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 11 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.
0   OJ  No   L 90, 1 . 4.   1984, p. 10 .                            f)  OJ  No L 180,  26. 7. 1968, p. 25.
0   OJ  No   L 329, 24.    12. 1979, p. 1 .                         0    OJ  No L 196,  5. 7. 1982, p. 1 .
0   OJ  No   L 90, 1 . 4.  1984, p. 19 .                             (8) See page 58 of this Official Journal.
O   OJ  No   L 90 , 1 . 4.  1984, p. 20 .                            (') OJ  No L 369,  24. 12. 1981 , p. 33 .
 ---pagebreak--- 1 . 4. 84                           Official Journal of the European Communities                          No L 91 /23
Whereas, for as long as it is found that on importation       on its pilot product must be effected in such a way as
into the Community the price of an assimilated                to allow, in particular, for differences in composition,
product for which the levy is not equal to the levy on        maturity, quality and presentation between the assimi­
its pilot product is considerably lower than the price        lated product and the related pilot product ; whereas
which would obtain if the ratio to the price of the           adjustments relating to composition must be calcu­
pilot product were normal, the levy must be equal to          lated by multiplying the difference between the milk
the sum of two components :                                   component content of the pilot product and that of
                                                              the assimilated product in question by the value attri­
                                                              buted in international trade to one unit of weight of
— one component equal to the amount resulting                 the milk component in question ; whereas, when the
     from the provisions of Articles 2 to 7 of Regulation     other adjustments are being effected, the difference
     (EEC) No 2915/79 applicable to the assimilated           between the value attributed on the Community
     product in question,                                     market to each of the relevant characteristics of the
— an additional component fixed at a level which,             pilot product and the value attributed on that market
     the composition and quality of the assimilated           to the corresponding characteristics of the assimilated
     product being taken into account, makes it               product in question must be taken into account ;
     possible to re-establish normal price ratios for
     imports into the Community ;
                                                              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
Whereas Article 14(3) of Regulation (EEC) No 804/68
                                                              materials contained in the pilot product in question
provides that the levy on products in respect of which        (calculated on the basis of the prices of milk products
the customs duty has been bound within GAIT must
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           Whereas, in exceptional circumstances, a free-at­
free-at-frontier price must be established for each of        frontier price may remain unchanged for a limited
the pilot products defined in Annex I to Regulation           period where the new level of the price for a given
(EEC) No 2915/79 ; whereas these prices must be               quality or a specific origin, used as a basis for estab­
determined for products of good marketable quality ;          lishing the previous free-at-frontier price, has not
                                                              reached the Commission to enable it to establish the
                                                              next free-at-frontier price and if the Commission
Whereas the free-at-frontier prices must be established       considers that the prices which are available could lead
on the basis of the most favourable purchasing oppor­         to sudden and considerable changes in the free-at­
tunities in international trade for the products listed in    frontier price because they are not sufficiently rep­
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No         resentative of real market trends :
804/68 other than assimilated products for which the
levy is not equal to the levy on the related pilot
products ; whereas, when recording these purchasing           Whereas, in accordance with Article 19(1 ) of Regula­
opportunities, the Commission must take account of            tion (EEC) No 804/68, the nomenclature provided for
all information obtained direct or through the Member         in this Regulation is incorporated in the Common
States concerning prices for delivery of third-country        Customs Tariff :
products free-at-Community-frontier and prices on
third-country markets ;
                                                              Whereas Article 8 of Regulation (EEC) No 1073/68
                                                              provides that the levies are fixed every fortnight ;
Whereas, however, no account should be taken of               whereas they may be altered in the intervening period
information relating to small quantities which are not        if necessary ; whereas the levy remains valid until
representative of trade in the products in question and       another becomes applicable ;
quantities in respect of which price trends in general
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­        Whereas, if the levy system is to operate normally,
sentative of the real trend of the market :                   refunds should be calculated on the following basis :
                                                              — in the case of currencies which are maintained in
Whereas the prices used must be adjusted where they               relation to each other at any given moment within
are not quoted free-at-Community-frontier or where                a band of 2,25 %, a rate of exchange based on
they do not apply to products of good marketable                  their central rate, multiplied by the coefficient
quality ; whereas the adjustment in respect of an assi­           provided for in Article 2b (2) of Regulation (EEC)
milated product the levy on which is equal to the levy            No 974/71 ,
 ---pagebreak--- No L 91 /24                     Official Journal of the European Communities                                1 . 4. 84
— 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 in relation to the Community                                   Article 1
   currencies referred to in the previous indent and
   the aforesaid coefficient ;                              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 2 April 1984.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 31 March 1984.
                                                                     For the Commission
                                                                       Poul DALSAGER
                                                                 Member of the Commission
 ---pagebreak--- 1 . 4. 84                                Official Journal of the European Communities                                     No L 91 /25
                                                               ANNEX
             to the Commission Regulation of 31 March 1984 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                  23,84
                     b) Other                                                                     0120                 21,43
               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                  21,43
                         2.   Exceeding 4 %                                                      0140                  25,74
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 4 %                                                   0150                  20,22
                         2. Exceeding 4 %                                                        0160                  24,53
           B. Other, of a fat content, by weight :
                 I. Exceeding 6 % but not exceeding 21 %                                         0200                  47,09
                II . Exceeding 21 % but not exceeding 45 %                                       0300                  99,62
               III. Exceeding 45 %                                                               0400                 153,95
04.02      Milk and cream , preserved, concentrated or sweetened :
           A. Not containing added sugar :
                 I. Whey                                                                         0500                  20,96
                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                 113,79
                         2. Exceeding 1 -5 % but not exceeding 27 %                              0720                 163,91
                         3. Exceeding 27 % but not exceeding 29 %                                0820                 166,33
                         4. Exceeding 29 %                                                       0920                 227,60
                     b) Other, of a fat content, by weight :
                          1 . Not exceeding 1-5%                                                 1020                 106,54
                         2. Exceeding 1 -5 % but not exceeding 27 %                              1120                 156,66
                         3 . Exceeding 27 % but not exceeding 29 %                               1220                 159,08
                         4. Exceeding 29 %                                                       1320                 220,35
 ---pagebreak--- No L 91 / 26                            Official Journal of the European Communities                           1 . 4. 84
    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     26,59
                         2 . Other                                                          1520     35,90
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 %                                             1620     99,62
                         2. Exceeding 45 %                                                  1720    153,95
           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  1,0654 (4)
                                                                                                    per kg
                             bb) Exceeding 1 -5 % but not exceeding 27 % (3)                2320  1,5666 ( 4 )
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2420  2,2035 (4)
                                                                                                    per kg
                        2. Other, of a fat content, by weight :                             l
                             aa) Not exceeding 1 -5 %(3)                                    2520  1,0654 0
                                                                                                    per kg
                             bb) Exceeding 1 -5 % but not exceeding 27 % (3)                2620  1,5666 0
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2720  2,2035 ( 5)
                                                                                                    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     50,55
                    b) Other, of a fat content, by weight :                                 \
                        1 . Not exceeding 45 % (3)                                          2910  0,9962 (5 )
                                                                                                    per kg
                        2. Exceeding 45 % (3)                                               3010  1,5395 (5)
                                                                                                    per kg
04.03      Butter :
           A. Of a fat content, by weight, not exceeding 85 %                               3110    181,12
           B. Other                                                                         3210    220,97
04.04      Cheese and curd :
           A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois
              and Tete de moine, not grated or powdered                                     3300    204,92 (')
           B. Glaurus herb cheese (known as Schabziger), made from skimmed milk
              and mixed with finely-ground herbs (2)                                        3900    256,60 0
           C. Blue-veined cheese, not grated or powdered                                    4000    157,69 (8)
 ---pagebreak--- 1 . 4 . 84                           Official Journal of the European Communities                   No L 91 /27
    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   161,65 (»)
                    b) Exceeding 48 %                                                    4510   160,93 (»)
               II. Exceeding 36 %                                                        4610   257,65
           E. Other :                                                                         l
                I. Not grated or powdered, of a fat content, by weight, not exceeding
                    40 % and a water content, calculated by weight of the non-fatty ||
                    matter :
                    a) Not exceeding 47 %                                                4710   256,60
                    b) Exceeding 47 % but not exceeding 72 % :
                       1 . Cheddar :                                                     4800   202,22 (10)
                       2 . Other :                                                       5000   175,62 (")
                    c) Exceeding 72 % :
                       1 . In immediate packings of a net capacity not exceeding 500 g   5210   131,72
                       2 . Other                                                         5250   272,34
               II . Other :
                    a) Grated or powdered                                                5310   256,60
                    b) Other                                                             5410   272,34
17.02      Other sugars in solid form ; sugar syrups, not containing added flavouring or
           colouring matter ; artificial honey, whether or not mixed with natural ll
           honey ; caramel :
           A. Lactose and lactose syrup :
               II . Other (than those containing, in the dry state, 99 % or more by      \
                    weight of the pure product) (,2)                                     5500    40,31
21.07      F. Flavoured or coloured sugar syrups :
               I. Lactose syrup                                                          5600    40,31
23.07      Sweetened forage ; other preparations of a kind used in animal feeding :
           B. Other, containing starch, glucose or glucose syrup falling within sub­
               headings 17.02 B and 21.07 F II, or milk products (u) :
                I. Containing starch or glucose or glucose syrup :
                    a) Containing no starch or containing 10 % or less by weight of      \
                       starch :
                       3 . Containing not less than 50 % but not more than 75 % by
                           weight of milk products                                       5700    82,33
                       4. Containing not less than 75 % by weight of milk products       5800   106,83
                    b) Containing more than 10 % but not more than 30 % by weight
                       of starch :                                                       \
                       3 . Containing not less than 50 % by weight of milk products      5900    99,44
                    c) Exceeding 30 % •
                       3 . Containing 50 % or more by weight of milk products            6000    80,53
              II . Containing no starch , glucose or glucose syrup, but containing milk
                    products                                                             6100   106,83
 ---pagebreak--- No L 91 / 28                            Official Journal of the European Communities                                      1 . 4. 84
  (') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic toxicogenic germs
      and containing per gram less than 1 0 000 revivifiable aerobic bacteria and less than two coliform bacteria.
  (J) 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) 22,23 ECU .
  I5) 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) 22,23 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.
(10) 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, 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,
      — 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.
(I2) 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.
(u) 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.