CELEX: 31982R1769
Language: en
Date: 1982-07-05 00:00:00
Title: Commission Regulation (EEC) No 1769/82 of 2 July 1982 fixing the import levies on milk and milk products

No L 196/ 16                            Official Journal of the European Communities                              5 . 7. 82
                                    COMMISSION REGULATION (EEC) No 1769/82
                                                        of 2 July 1982
                                 fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                    that Regulation respectively ; whereas this method
COMMUNITIES,                                                      consists in adding together the various components
                                                                  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
Having regard to Council Regulation (EEC) No 804/68               respect of milk and milk products (*), provides that the
of 27 June 1968 on the common organization of the                 component of the levy fixed by means of a coefficient
market in milk and milk products ('), as last amended             expressing the weight ratio between the milk powder
by Regulation (EEC) No 1 183/82 (2), and in particular            contained in the product and the product itself is, for
Article 14(8) thereof,                                            the products falling within subheading 04.02 B I b),
                                                                  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
Committee,
                                                                  subheading 04.02 B II b) as regards the component of
                                                                  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 these products may be divided into groups ;               Whereas the basic amount must be equal to one
whereas the product groups and the pilot groups and                hundredth part of the levy set out for each product in
the pilot product for each of these groups are set out            the second subparagraph of Article 9 ( 1 ) and the
in Annex I to Council Regulation (EEC) No 2915/79                  second subparagraph of Article 9 (2) of Regulation
of 18 December 1979 determining the groups of                     (EEC) No 1073/68 ;
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
Tariff (3), as last amended by Regulation (EEC) No                Whereas Annex II to Regulation (EEC) No 2915/79
 1463/ 82 (4);                                                     listed certain products of Group 1 1 originating in and
                                                                   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 Q ;
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
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 (8) laid down detailed interim
 1982 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 and falling
                                                                   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 .
(2) OJ  No   L 140,  20 . 5. 1982, p. 1 .
O   OJ  No   L 329,  24.  12. 1979, p . 1 .                        (6) OJ No L 180, 26. 7. 1968 , p. 25 .
(4) OJ  No   L 159 , 10 . 6. 1982, p. 1 .                          I7) See page 1 of this Official Journal.
M OJ No L 140, 20. 5. 1982, p. 4.                                  0 OJ No L 369, 24. 12. 1981 , p. 33 .
 ---pagebreak--- 5. 7. 82                            Official Journal of the European Communities                         No L 196/ 17
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 196/ 18                     Official Journal of the European Communities                                  5. 7. 82
— 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 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 .
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 5 July 1982.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 July 1982.
                                                                      For the Commission
                                                                        Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- 5. 7. 82                              Official Journal of the European Communities                                  No L 196/ 19
                                                           ANNEX
            to the Commission Regulation of 2 July 1982 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                  19-59
                   b) Other                                                                  0120                  17-18
              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                  17-18
                       2. Exceeding 4 %                                                      0140                  21-02
                   b) Other, of a fat content, by weight :
                       1 . Not exceeding 4%                                                  0150                  15-97
                       2. Exceeding 4 %                                                      0160                  19-81
          B. Other, of a fat content, by weight :
                I. Exceeding 6 % but not exceeding 21 %                                      0200                  41-93
               II. Exceeding 21 % but not exceeding 45 %                                     0300                  88-70
              III. Exceeding 45 %                                                            0400                137-09
04.02     Milk and cream, preserved, concentrated or sweetened :
          A. Not containing added sugar :
                I. Whey                                                                      0500                  10-95
               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                  75-36
                        2.  Exceeding 1 -5 % but not exceeding 27 %                          0720                132-76
                        3.  Exceeding 27 % but not exceeding 29 %                            0820                135-18
                        4. Exceeding 29 %                                                    0920                 152-52
                    b) Other, of a fat content, by weight :
                        1. Not exceeding 1 -5 %                                              1020                  68-11
                        2. Exceeding 1 -5 % but not exceeding 27 %                           1120                125-51
                        3. Exceeding 27 % but not exceeding 29 %                             1220                127-93
                        4. Exceeding 29 %                                                    1320                 145-27
 ---pagebreak--- No L 196/20                            Official Journal of the European Communities                            5. 7. 82
    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 1 1 % :
                        1 . Of a fat content, by weight, not exceeding 8-9 %                1420       26-11
                        2 . Other                                                           1520       35-25
                    b) Other, of a fat content, by weight :
                        1 . Not exceeding 45 %                                              1620       88-70
                        2. Exceeding 45 %                                                   1720     137-09
          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   0-6811 (4)
                                                                                                      per kg
                            bb) Exceeding 1 -5 % but not exceeding 27 % (3)                 2320   1-2551 (4)
                                                                                                      per kg
                            cc) Exceeding 27 % (3)                                          2420   1 -4527 (4)
                                                                                                      per kg
                       2. Other, of a fat content, by weight :
                            aa) Not exceeding 1-5 % (3)                                     2520   0-6811 H
                                                                                                      per kg
                            bb) Exceeding 1 -5 % but not exceeding 27 % (3)                 2620   1-2551 0
                                                                                                      per kg
                            cc) Exceeding 27 % (3)                                          2720   1 -4527 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        46-11
                    b) Other, of a fat content, by weight :
                        1 . Not exceeding 45 % (3)                                          2910   0-8870 (*)
                                                                                                      per kg
                        2. Exceeding 45 % (3)                                                3010   1-3709 0
                                                                                                      per kg
 04.03    Butter :
          A. Of a fat content, by weight, not exceeding 85 %                                 3110     161-28
          B. Other                                                                           3210     196-76
 04.04     Cheese and curd :
          A. Emmentaler, Gruyère, Sbrinz, Bergkäse, Appenzell, Vacherin fribourgeois
               and Tête de moine, not grated or powdered                                     3300     177-87 0
          B. Glaurus herb cheese (known as Schabziger), made from skimmed milk
               and mixed with finely-ground herbs (2)                                        3900     200-91 Q
           C. Blue-veined cheese, not grated or powdered                                     4000     136-17 (8)
 ---pagebreak--- 5. 7. 82                             Official Journal of the European Communities                 No L 196/21
    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    138-57 (')
                   b) Exceeding 48 %                                                    4510    139-61 Π
             II. Exceeding 36 %                                                         4610    236-33
          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    200-91
                   b) Exceeding 47 % but not exceeding 72 % :
                       1 . Cheddar :                                                    4800    188-69 (10)
                       2. Other :                                                       5000    148-02 (")
                   c) Exceeding 72 % :
                       1 . In immediate packings of a net capacity not exceeding 500 g  5210    111-02
                       2. Other                                                         5250    244-74
              II . Other :
                   a) Grated or powdered                                                5310    200-91
                   b) Other                                                             5410    244-74
 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 :
              II. Other (than those containing, in the dry state, 99 % or more by
                   weight of the pure product) (u)                                      5500     35-30
 21.07    F. Flavoured or coloured sugar syrups :
              I. Lactose syrup                                                          5600     35-30
 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 ( 13) :
                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     53-50
                       4. Containing not less than 75 % by weight of milk products      5800     69-17
                    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     65-28
                    c) Exceeding 30 % :
                       3. Containing 50 % or more by weight of milk products             6000     54-98
              II. Containing no starch, glucose or glucose syrup, but containing milk
                    products                                                             6100     69-17
 ---pagebreak--- No L 196/22                             Official Journal of the European Communities                                      5 . 7 . 82
  (') 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.
  (*) 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) 17-36 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) 17-36 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.
  (') 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.
(u ) 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,
       — 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.
H 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.
(l3) 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.