CELEX: 31977R2952
Language: en
Date: 1977-12-30 00:00:00
Title: Commission Regulation (EEC) No 2952/77 of 29 December 1977 fixing the import levies on milk and milk products

No L 348 / 16                              Official Journal of the European Communities                           30 . 12 . 77
                                       COMMISSION REGULATION (EEC) No 2952/77
                                                         of 29 December 1977
                                     fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                         No 823/68 , calculated by multiplying the basic
 COMMUNITIES,                                                         amount by the quantity of milk powder contained in
                                                                      the product ; whereas the same applies to products
 Having regard to the Treaty establishing the European                falling within subheading 04.02 B II b) as regards the
 Economic Community,                                                  component of the levy fixed by means of a coefficient
                                                                      expressing the weight ratio between the milk compo­
 Having regard to Council Regulation (EEC) No                         nents contained in the product and the product itself ;
 804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 2560/77 (2), and in                    Whereas the basic amount must be equal to one
particular Article 14(8) thereof,                                     hundredth part of the levy set out for each product in
                                                                      the second subparagraph of Article 9(1 ) and the
 Having regard to the opinion of the Monetary                         second subparagraph of Article 9 (2) of Regulation
 Committee,                                                           (EEC) No 1073/68 ;
Whereas Article 14 of Regulation (EEC) No 804/68
 provides for charging a levy on imports of the                       Whereas for products belonging to Group No 11 ,
 products listed in Article 1 of that Regulation ;                    originating in and exported from third countries, for
whereas these products may be divided into groups ;                   which it is found on importation into the Community
whereas the product groups and the pilot groups and                   that the ruling price is not less than 150 units of
 the pilot product for each of these groups are set out               account per 100 kg in respect of the products falling
 in Annex I to Council Regulation (EEC) No 823/68 of                  within subheading 04.04 E I b) 2, or not less than 130
 28 June 1968 determining the groups of products and                  units of account per 100 kg in respect of the products
 the special provisions for calculating levies on milk                falling within subheading 04.04 E I b) 3, or not less
and milk products (3), as last amended by Regulation                  than 115 units of account for products falling within
(EEC) No 2560/77 ;                                                    subheading 04.04 E I b) 4, the levy per 100 kg is
                                                                      defined in Article 8 of Regulation (EEC) No 823/68 ;
Whereas the levy on the products in any one group
 must be equal to the threshold price for the pilot
 product less the free-at-frontier price ; whereas these              Whereas, for as long as it is found that on importation
 threshold prices were fixed for the 1977/78 milk year                into the Community the price of an assimilated
 by Council Regulation (EEC) No 873/77 of 26 April                    product for which the levy is not equal to the levy on
 1977 H ;                                                             its pilot product is considerably lower than the price
                                                                      which would obtain if the ratio to the price of the
Whereas, however, Regulation (EEC) No 823/68 lays                     pilot product were normal, the levy must be equal to
 down special provisions for calculating the levy on                  the sum of two components :
 certain assimilated products ; whereas these products
 are listed and the method of calculating the levy on                 — one component equal to the amount resulting
 them described in Annex II and in Articles 2 to 7 of                      from the provisions of Articles 2 to 7 of Regula­
 that Regulation respectively ; whereas this method                        tion ( EEC) No 823/68 applicable to the assimi­
 consists in adding together the various components                        lated product in question ;
 defined in those Articles ;
                                                                      — an additional component fixed at a level which ,
Whereas Commission Regulation ( EEC) No 1073/68                            the composition and quality of the assimilated
 of 24 July 1968 laying down detailed rules for deter­                     product being taken into account, makes it
 mining free-a-frontier prices and for fixing levies in                    possible to re-establish normal price ratios for
 respect of milk and milk products (5), provides that                      imports into the Community ;
 the component of the levy fixed by means of a coeffi­
 cient expressing the weight ratio between the milk
 powder contained in the product and the product                      Whereas Article 14(3) of Regulation (EEC) No 804/68
 itself is, for the products falling within subheading                 provides that the levy on products in respect of which
 04.02 Bib) listed in Annex II to Regulation (EEC)                    the customs duty has been bound within GATT must
                                                                      be limited to the amount resulting from that binding ;
(')  OJ No   L 148 , 28 . 6 . 1968 , p. 13 .
(2)  OJ No   L 303 , 28 . 11 . 1977, p. 1 .
(3 ) OJ No   L 151 , 30 . 6 . 1968 , p. 3 .                           Whereas Regulation ( EEC) No 1073 /68 provides that
(4 ) OJ No   L 106,  29 . 4. 1977, p. 19 .                            a free-at-frontier price must be established for each of
(5)  OJ No   L 180 , 26 . 7 . 1968 , p. 25 .                           the pilot products defined in Annex I to Regulation
 ---pagebreak--- 30 . 12. 77                         Official Journal of the European Communities                          No L 348 / 17
(EEC) No 823/68 ; whereas these prices must be deter­         Whereas, in exceptional circumstances, a free-at­
mined for products of good marketable quality ;                frontier price may remain unchanged for a limited
                                                               period where the new level of the price for a given
                                                               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 estab­
lished on the basis of the most favourable purchasing          next free-at-frontier price and if the Commission
opportunities in international trade for the products          considers that the prices which are available could
listed in Article 1 (a) 2 and (b) to (g) of Regulation         lead to sudden and considerable changes in the free­
(EEC) No 804/68 other than assimilated products for            at-frontier price because they are not sufficiently repre­
which the levy is not equal to the levy on the related        sentative of real market trends ;
pilot products ; whereas, when recording these
purchasing opportunities, the Commission must take            Whereas, in accordance with Article 19(1 ) of Regula­
account of all information obtained direct or through          tion (EEC) No 804/68 , the nomenclature provided for
the Member States concerning prices for delivery of            in this Regulation is incorporated in the Common
third-country products free-at-Community frontier              Customs Tariff ;
and prices on third-country markets ;
                                                              Whereas Article 8 of Regulation (EEC) No 1073/68
                                                               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 product in question and
quantities in respect of which price trends in general
or other information available to it lead the Commis­          Whereas, if the levy system is to operate normally,
sion to believe that the price in question is unrepre­         refunds should be calculated on the following basis :
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 a band of 2-25 % , at rate of exchange based
Whereas the prices used must be adjusted where they                on their effective parity ;
are not quoted free-at-Community-frontier or where             — for other currencies, an exchange rate based on the
they do not apply to products of good marketable                   arithmetic mean of the spot market rates of each
quality ; whereas the ajustment in respect of an assimi­           of these currencies recorded for a given period, in
lated product the levy on which is equal to the levy               relation to the Community currencies referred to
on its pilot product must be effected in such a way as             in the previous subparagraph ;
to allow, in particular, for differences in composition ,
maturity, quality and presentation between the assimi­
lated product and the related pilot product ; whereas          Whereas it follows from applying all these provisions
adjustments relating to composition must be calcu­             that the levies on milk and milk products must be
lated by multiplying the difference between the milk           fixed as shown in the Annex to this Regulation,
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
the milk component in question ; whereas the differ­
                                                               HAS ADOPTED THIS REGULATION :
ence between the value attributed on the 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 assimilated                                Article 1
 product in question must be taken into account when
the other adjustments are being effected ;
                                                               The levies referred to in Article 14(1 ) of Regulation
                                                               (EEC) No 804/68 are hereby fixed as shown in the
                                                               Annex to this Regulation .
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 mate­
                                                                                       Article 2
rials contained in the pilot product in question (calcu­
 lated on the basis of the prices of milk products for
which prices are available), average processing costs          This Regulation shall enter into force on 1 January
and average yields ;                                            1978 .
 ---pagebreak--- No L 348 / 18                  Official Journal of the European Communities                        30 . 12 . 77
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 29 December 1977.
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                        Vice-President
 ---pagebreak--- 30 . 12. 77                          Official Journal of the European Communities                                        No L 348 / 19
                                                         ANNEX
             to the Commission Regulation of 29 December 1977 fixing the import levies on milk and
                                                      milk products
                                                                   (u.a. /lOO kg net weight, unless otherwise indicatedj
                                 CCT heading No                        Code                      Import levy
             04.01 A I a)                                             0110                               21-64
             04.01 A I b )                                            0120                               19-64
             04.01 A II a) 1                                          0130                               19-64
             04.01 A II a) 2                                          0140                               24-22
             04.01 A II b ) 1                                         0150                               18-64
            04.01 A II b) 2                                           0160                               23-22
            04.01 B I                                                 0200                               50-08
             04.01 B II                                               0300                             105-95
            04.01 B Hi                                                0400                              163-74
            04.02 A I                                                 0500                               15-30
            04.02   A II a) 1                                         0620                               92-70
            04.02   A II a) 2                                         0720                             121-60
            04.02   A II a) 3                                         0820                             123-60
            04.02   A II a) 4                                         0920                             134-62
            04.02 A II b) 1                                           1020                               86-70
            04.02 A II b) 2                                           1120                             115-60
            04.02 A II b ) 3                                          1220                             117-60
            04.02 A II b ) 4                                          1320                             128-62
            04.02 A III a) 1                                          1420                               20-76
            04.02 A III a) 2                                          1520                               28-03
            04.02 A III b) 1                                          1620                             105-95
            04.02 A III b ) 2                                         1720                             163-74
            04.02 B I a)                                              1820                               30-00
            04.02 B I b ) 1 aa )                                      2220               per kg           0-8670 (e)
            04.02 B I b ) 1 bb )                                      2320               per kg           1-1560 (9)
            04.02 B I b ) 1 cc)                                       2420               per kg           1-2862 (9)
            04.02 B I b ) 2 aa )                                      2520               per kg           0-8670 ( 10)
            04.02 B I b) 2 bb)                                        2620               per kg           1-1560 ( 10)
            04.02 B I b ) 2 cc)                                       2720               per kg           1-2862 ( 10)
            04.02 B II a )                                            2810                               33-26
            04.02 B II b ) 1                                          2910               per kg           1-0595 ( 10)
            04.02 B II b ) 2                                          3010               per kg           1-6374 ( io)
            04.03 A                                                   3110                             192-63
            04.03 B                                                   3210                             235-01
            04.04 A I a) 1                                            3321                               15-00
            04.04 A I a ) 2                                           3420                             131-54 (")
            04.04 A I b ) 1 aa)                                       3521                               15-00
            U4.04 A I b ) 1 bb )                                      3619                             131-54 (")
            04.04 A I b ) 2                                           3719                             131-54 («)
            04.04 A II                                                3800                             131-54
            04.04 B                                                   3900                             135-69 ( 12)
            04.04 C                                                   4000                             127-81
            ( 14.04 D I                                               4120                               30-00
            «»4.04 D II a ) 1                                         4410                             128,89
            U4.04 D II a) 2                                           4510                             138-17
            04.04 D II b )                                            4610                             218-17
            04.04 E I a)                                              4710                             135-69
            04.04 E I b ) 1 aa )                                      4834                               15-00
            O4.04 E I b ) 1 bb )                                      4850                             168-11
 ---pagebreak--- No L 348 /20                                Official Journal of the European Communities                                             30 . 12 . 77
                                        CCT heading No                                Code                     Import levy
             04.04     E I b)   2 aa)                                                4922                             136-57  ( 13 )
             04.04     E I b)    2 bb )                                              5022                             136-57  ( 14 )
             04.04     E I b)    3                                                   5030                             136-57  ( 15)
             04.04     E I b)    4                                                   5060                             136-57  ( 15)
             04.04      E I b)   5                                                   5120                             136-57
             04.04 E I c ) 1                                                         5210                             102-43
             04.04 E I c ) 2                                                         5250                             216-57
             04.04 E II a )                                                          5310                             135-69
             04.04 E II b )                                                          5410                             216-57
             17.02 A II ( 16)                                                        5500                               18-95
             21.07 F I                                                               5600                               18-95
             23.07 B I a ) 3                                                         5700                              67-03
             23.07 B I a ) 4                                                         5800                              86-97
             23.07 B I b ) 3                                                         5900                              81-20
             23.07 B I c) 3                                                          6000                              66-35
             23.07 B II                                                              6100                              86-97
             For notes (') to (8), see notes (') to (8) of Council Regulation (EEC) No 823/68 ( OJ No L 151 , 30. 6. 1968).
             (") 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 ) 6 u.a . ; and
                   c) 12-33 u.a .
             {,0) 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 ) 12-33 u.a .
             (") The levy is limited to 7-50 u.a . per 100 kg net weight.
             ( 12) The levy is limited to 6% of the value for customs purposes .
             ( 13) The levy is limited to 49-75 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and
                   Switzerland ( Regulation (EEC) No 1054/68 as amended).
             (14) The levy is limited to 69-75 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and
                   Switzerland ( Regulation ( EEC ) No 1054/68 as amended ).
             (15) The levy is limited to 69-75 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Romania
                   and Turkey ( Regulation (EEC) No 1054/68 as amended).
             ( ,8) 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 .
             NB : For the purposes of heading No 04.04, the exchange rate to be applied in converting
                       into national currencies the unit of account referred to in the subdivisions of this heading
                       shall, notwithstanding general rule C 3 contained in Part I, Section I of the Common
                       Customs Tariff be the representative rate, if such a rate is fixed pursuant to Council
                       Regulation No 129 on the value of the unit of account and the exchange rates to be
                       applied for the purposes of the common agricultural policy ( OJ No 106, 30. 10. 1962,
                       p. 2553/62).