CELEX: 31982R3546
Language: en
Date: 1982-12-30 00:00:00
Title: Commission Regulation (EEC) No 3546/82 of 29 December 1982 fixing the import levies on milk and milk products

No L 371 /32                           Official Journal of the European Communities                           30 . 12. 82
                                   COMMISSION REGULATION (EEC) No 3546/82
                                                   of 29 December 1982
                                 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            Whereas Commission Regulation (EEC) No 1073/68
Economic Community,                                              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 f5), 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 11 83/82 (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
3042/82 (4) ;                                                    consigned from certain non-member countries ;
                                                                 whereas the levy applicable to these products is set out
                                                                 in Annex I to Regulation (EEC) No 1 767/82 Q, as last
Whereas the levy on the products in any one group                amended by Regulation (EEC) No 3336/82 (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 1982/83 milk year            Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation (EEC) No 1185/82 of 18 May                 of 23 December 1981 (9) laid down detailed interim
1982 f5) ;                                                       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 .
0   OJ  No   L 140, 20.  5. 1982, p. 1 .                         H   OJ  No  L 180, 26. 7. 1968, p. 25.
P)  OJ  No   L 329, 24.  12. 1979, p. 1 .                        O   OJ  No  L 196, 5. 7. 1982, p. 1 .
(4) OJ  No   L 322, 18 . 11 . 1982, p. 1 .                       (8) OJ  No  L 352, 14. 12. 1982, p. 14.
0   OJ  No   L 140, 20.  5. 1982, p. 4.                          (9) OJ  No  L 369, 24. 12. 1981 , p. 33 .
 ---pagebreak--- 30 . 12. 82                         Official Journal of the European Communities                         No L 371 /33
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--- No L 371 /34                     Official Journal of the European Communities                             30 . 12. 82
                                                             HAS ADOPTED THIS REGULATION :
— for other currencies, an exchange rate based on the
    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 .
                                                                                    Article 2
Whereas it follows from applying these provisions that
the levies on milk and milk products should be as set        This Regulation shall enter into force on 1 January
out in the Annex hereto,                                     1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 December 1982.
                                                                      For the Commission
                                                                        Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- 30 . 12 . 82                       Official Journal of the European Communities                               No L 371 /35
                                                       ANNEX
             to the Commission Regulation of 29 December 1982 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                          23-19
             04.01 Alb)                                            0120                          20-78
             04.01 A II a) 1                                       0130                          20-78
             04.01 All a) 2                                        0140                          25-92
             04.01 A II b) 1                                       0150                          19-57
             04.01 A II b) 2                                       0160                          24-71
             04.01 B I                                             0200                          56-19
             04.01 B II                                            0300                        118-86
             04.01 B III                                           0400                        183-69
             04.02 A I                                             0500                          16-79
             04.02 A II a) 1                                       0620                          86-88
             04.02 A II a) 2                                       0720                        140-66
             04.02 A II a) 3                                       0820                        143-08
             04.02 A II a) 4                                       0920                        160-21
             04.02 A II b) 1                                       1020                          79-63
             04.02 A II b) 2                                       1120                        133-41
             04.02 A II b) 3                                       1220                        135-83
             04.02 A II b) 4                                       1320                        152-96
             04.02 A III a) 1                                      1420                          26-11
             04.02 A III a) 2                                      1520                          35-25
             04.02 A III b) 1                                      1620                        118-86
             04.02 A III b) 2                                      1720                        183-69
             04.02 B I a)                                          1820                          36-27
             04.02 B I b) 1 aa)                                    2220            per kg         0-7963 (4)
             04.02 B I b) 1 bb)                                    2320            per kg         1-3341 (4)
             04.02 B I b) 1 cc)                                    2420            per kg         1-5296 (4)
             04.02 B I b) 2 aa)                                    2520            per kg         0-7963 0
             04.02 B I b) 2 bb)                                    2620            per kg         1-3341 0
             04.02 B I b) 2 cc)                                    2720            per kg         1 -5296 (*)
             04.02 B II a)                                         2820                          46-11
             04.02 B II b) 1                                       2910            per kg         1-1886 0
             04.02 B II b) 2                                       3010            per kg          1-8369 O
             04.03 A                                               3110                        216-11
             04.03 B                                               3210                        263-65
             04.04 A                                               3300                        1 66-68 (*)
             04.04 B                                               3900                        204-25 0
             04.04 C                                               4000                         136-17 0
             04.04 D I a)                                          4410                         142-65 0
             04.04 D I b)                                          4510                         153-77 0
             04.04 D II                                            4610                        250-49
             04.04 Ela)                                            4710                        204-25
             04.04 E I b) 1                                        4800                         190-30 H
 ---pagebreak--- No L 371 /36                 Official Journal of the European Communities                                 30 . 12. 82
                                                      (ECU/100 kg net weight, unless otherwise indicated)
                          CCT heading No                     Code                  Import levy
           04.04 E I b) 2                                    5000                        149-69 (")
           04.04 E I c) 1                                    5210                        112-27
           04.04 E I c) 2                                    5250                        246-41
           04.04 E II a)                                     5310                        204-25
           04.04 E II b)                                     5410                        246-41
            17.02 A II                                       5500                         40-14 C 2)
           21.07 F I                                         5600                         40-14
           23.07 B I a) 3                                    5700                         62-14
           23.07 B I a) 4                                    5800                         80-46
           23.07 B I b) 3                                    5900                         75-87
           23.07 B I c) 3                                    6000                         63-74
           23.07 B II                                        6100                         80-46
 ---pagebreak--- 30 . 12. 82                             Official Journal of the European Communities                               No L 371 /37
  (') 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) 19-59 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) 19-59 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 .
  0 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 or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania,
          Turkey or Cyprus,
      — to 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria,
      — to 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.