CELEX: 31985R1374
Language: en
Date: 1985-05-27 00:00:00
Title: Commission Regulation (EEC) No 1374/85 of 24 May 1985 fixing the import levies on milk and milk products

27. 5. 85                             Official Journal of the European Communities                        No L 139/47
                                 COMMISSION REGULATION (EEC) No 1374/85
                                                      of 24 May 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           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 (6), provides that the
Having regard to Council Regulation (EEC) No 804/68             component of the levy fixed by means of a coefficient
of 27 June 1968 on the common organization of the               expressing the weight ratio between the milk powder
market in milk and milk products ('), as last amended           contained in the product and the product itself is, for
by Regulation (EEC) No 1298/85 (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
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 O, as last
Whereas the levy on the products in any one group               amended by Regulation (EEC) No 212/85 (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.
O   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 24, 29. 1 . 1985, p. 15.
Is) OJ No L 137, 27. 5. 1985, p. 8.                              f)  OJ No  L 369, 24. 12. 1981 , p. 33.
 ---pagebreak--- No L 139 /48                        Official Journal of the European Communities                             27. 5 . 85
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
                                                              resentative of real market trends ;
tunities in international trade for the products listed in
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-countjy 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--- 27. 5. 85                        Official Journal of the European Communities                          No L 139/49
— 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 27 May 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 24 May 1985.
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                          Vice-President
 ---pagebreak--- No L 139/ 50                          Official Journal of the European Communities                                        27. 5 . 85
                                                           ANNEX
            to the Commission Regulation of 24 May 1985 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                  26,91
                   b) Other                                                                  0120                  24,50
              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                  24,50
                      2. Exceeding 4 %                                                       0140                  29,84
                   b) Other, of a fat content, by weight :
                       1 . Not exceeding 4 %                                                 0150                  23,29
                       2. Exceeding 4 %                                                      0160                  28,63
          B. Other, of a fat content, by weight :
                I. Exceeding 6 % but not exceeding 21 %                                      0200                  58,35
               II. Exceeding 21 % but not exceeding 45 %                                     0300                 123,44
              III. Exceeding 45 %                                                            0400                 190,77
04.02     Milk and cream , preserved, concentrated or sweetened :
          A. Not containing added sugar :
                I. Whey                                                                      0500                   16,30
               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                 125,42
                        2. Exceeding 1-5 % but not exceeding 27 %                            0720                 166,65
                        3. Exceeding 27 % but not exceeding 29 %                             0820                 169,07
                        4. Exceeding 29 %                                                    0920                 241,42
                    b) Other, of a fat content, by weight :                               \I
                         1 . Not exceeding 1-5 %                                              1020                118,17
                         2. Exceeding 1 -5 % but not exceeding 27 %                           1120                1 59,40
                         3. Exceeding 27 % but not exceeding 29 %                             1220                161,82
                         4. Exceeding 29 %                                                    1320                234,17
 ---pagebreak--- 27. 5 . 85                              Official Journal of the European Communities                  No L 139/51
   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     27,57
                         2. Other                                                           1520     37,22
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 %                                             1620   123,44
                         2. Exceeding 45 %                                                  1720   190,77
           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
l                   b) Other :                                                              l
                        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  1,1817 0
                                                                                                    per kg
                             bb) Exceeding 1 -5 % but not exceeding 27 % (3)                2320  1,5940 (4)
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2420  2,341 7 (")
                                                                                                    per kg
                        2. Other, of a fat content, by weight :                             I
                             aa) Not exceeding 1-5 % (3)                                    2520  1,1817 0
                                                                                                    per kg
                             bb) Exceeding 1 -5 % but not exceeding 27 % (3)                2620  1,5940 0
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2720  2,3417 0
                                                                                                    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     52,91
                    b) Other, of a fat content, by weight :
                        1 . Not exceeding 45 % (3)                                          2910  1,2344 0
                                                                                                    per kg
                        2. Exceeding 45 % (3)                                               3010  1,9077 0
                                                                                                    per kg
04.03      Butter :
           A. Of a fat content, by weight, not exceeding 85 %                               3110    224,43
           B. Other                                                                         3210    273,80
04.04      Cheese and curd :
\          A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois
              and Tete de moine, not grated or powdered                                     3300    189,59 0
           B. Glaurus herb cheese (known as Schabziger), made from skimmed milk
              and mixed with finely-ground herbs (2)                                        3900    206,31 0
           C. Blue-veined cheese, not grated or powdered                                    4000    162,97 0
 ---pagebreak--- No L 139/ 52                        Official Journal of the European Communities                         27 . 5 . 85
   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   168,22 (9)
                   b) Exceeding 48 %                                                     4510   174,63 0
              II. Exceeding 36 %                                                         4610   271,35
          E. Other :
               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   206,31
                   b) Exceeding 47 % but not exceeding 72 % :
                      1 . Cheddar :                                                      4800   181,27 O
                      2. Other :                                                         5000   181 , 14 (")
                   c) Exceeding 72 % :
                      1 . In immediate packings of a net capacity not exceeding 500 g    5210   135,86
                      2. Other                                                           5250   277,86
              II . Other :
                   a) Grated or powdered                                                 5310   206,31
                   b) Other                                                              5410   277,86
17.02     Other sugars in solid form ; sugar syrups, not containing added flavouring or
          colouring matter ; artificial honey, whether or not mixed with natural
          honey ; caramel :
          A. Lactose and lactose syrup :                                                1
              II. Other (than those containing, in the dry state, 99 % or more by
                   weight of the pure product) (l2)                                      5500    41,80
21.07     F. Flavoured or coloured sugar syrups :                                       \
              I. Lactose syrup                                                           5600    41,80
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 (l3) :                  \
               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    91,05
                      4. Containing not less than 75 % by weight of milk products        5800   118,23
                   b) Containing more than 10 % but not more than 30 % by weight
\                     of starch :                                                       l
                      3 . Containing not less than 50 % by weight of milk products       5900   110,02
                   c) Exceeding 30 % :                                                  li\
                      3 . Containing 50 % or more by weight of milk products             6000    89,06
              II. Containing no starch, glucose or glucose syrup, but containing milk
                   products                                                              6100   118,23
 ---pagebreak--- 27. 5. 85                              Official Journal of the European Communities                                No L 139/ 53
 (') 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) 24,04 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) 24,04 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.
  (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.
  (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 100 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.