CELEX: 31977R1855
Language: en
Date: 1977-08-13 00:00:00
Title: Commission Regulation (EEC) No 1855/77 of 12 August 1977 fixing the import levies on milk and milk products

13 . 8 . 77                               Official Journal of the European Communities                          No L 207/ 5
                                    COMMISSION REGULATION (EEC) No 1855/77
                                                        of 12 August 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
Having regard to Council Regulation (EEC) No                         expressing the weight ratio between the milk compo­
804/68 of 27 June 1968 on the common organization                    nents contained in the product and the product itself ;
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (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
Committee,                                                           second subparagraph of Article 9 (2) of Regulation
                                                                    (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 1 638/77 (4) ;
                                                                     subheading 04.04 E I b) 4, the levy per 100 kg is
Whereas the levy on the products in any one group                    defined in Article 8 of Regulation (EEC) No 823/68 ;
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 (5) ;                                                          its pilot product is considerably lower than the price
Whereas, however, Regulation (EEC) No 823/68 lays                   which would obtain if the ratio to the price of the
down special provisions for calculating the levy on                  pilot product were normal, the levy must be equal to
certain assimilated products ; whereas these products                the sum of two components :
are listed and the method of calculating the levy on
them described in Annex II and in Articles 2 to 7 of                — one component equal to the amount resulting
that Regulation respectively ; whereas this method                        from the provisions of Articles 2 to 7 of Regula­
consists in adding together the various components                        tion (EEC) No 823/68 applicable to the assimi­
defined in those Articles ;                                               lated product in question ;
Whereas Commission Regulation (EEC) No 1073/68                      — an additional component fixed at a level which,
of 24 July 1968 laying down detailed rules for deter­                     the composition and quality of the assimilated
mining free-a-frontier prices and for fixing levies in                    product being taken into account, makes it
respect of milk and milk products (6), provides that                      possible to re-establish normal price ratios for
the component of the levy fixed by means of a coeffi­                     imports into the Community ;
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 .
(*)  OJ  No L 67, 15. 3 . 1976, p. 9 .
(3)  OJ  No L 151 , 30 . 6. 1968 , p. 3 .                            Whereas Regulation (EEC) No 1073/68 provides that
(4)  OJ  No L 183, 22. 7. 1977, p. 3 .
(5)  OJ  No L 106, 29 . 4. 1977, p. 19 .                             a free-at-frontier price must be established for each of
(<>) OJ  No L 180, 26. 7. 1968 , p. 25.                              the pilot products defined in Annex I to Regulation
 ---pagebreak--- No L 207/ 6                         Official Journal of the European Communities                              13 . 8 . 77
(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
Whereas the free-at-frontier prices must be estab­            reached the Commission to enable it to establish the
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 16 August
and average yields ;                                           1977 .
 ---pagebreak--- 13 . 8 . 77                    Official Journal of the European Communities                        No L 207/7
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 12 August 1977.
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                        Vice-President
 ---pagebreak--- No L 207/ 8                            Official Journal of the European Communities                                         13 . 8 . 77
                                                           ANNEX
            to the Commission Regulation of 12 August 1977 fixing the import levies on milk and
                                                        milk products
                                                                     (u.a.1100 kg net weight, unless otherwise indicated)
                                   CCT heading No                        Code                     Import levy
            04.01 A I a)                                                0110                              21-53
            04.01 A I b)                                                0120                              19-53
            04.01 A II a) 1                                             0130                              19-53
            04.01 A II a) 2                                             0140                              23-99
            04.01 A II b) 1                                             0150                              18-53
            04.01 A II b) 2                                             0160                              22-99
            04.01 B I                                                   0200                              48-69
            04.01 B II                                                  0300                            102-99
            04.01 B III                                                 0400                            159-17
            04.02 A I                                                   0500                              15-30
            04.02 A  II  a)  1                                          0620                              94-39
            04.02 A  II  a)  2                                          0720                            123-45
            04.02 A  II  a)  3                                           0820                            125-45
            04.02 A  II  a)  4                                           0920                            137-25
            04.02 A II b ) 1                                             1020                             88-39
            04.02 A II b ) 2                                             1120                           117-45
            04.02 A II b ) 3                                             1220                            119-45
            04.02 A II b) 4                                              1320                            131-25
            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                            102-99
            04.02 A III b) 2                                             1720                           159-17
            04.02 B I a)                                                 1820                             30-00
            04.02 B I b ) 1 aa)                                          2220             per kg           0-8839 (,J )
            04.02 B  I b)   1 bb )                                       2320             per kg           M745 (®)
            04.02 B  I b)   1 cc)                                        2420             per   kg         1-3125    (9)
            04.02 B  I b)   2 aa )                                       2520             per   kg         0-8839    ( ,0 )
            04.02 B  I b)   2 bb )                                       2620             per   kg         1-1745    ( 10)
            04.02 B  I  b)  2 cc)                                        2720             per   kg         1-3125   ( ιυ )
            04.02 B II a)                                                2810                             33-26
            04.02 B II b ) 1                                             2910             per kg           1-0299 ( 10)
            04.02 B II b ) 2                                             3010             per kg           1-5917 ( 10)
            04.03 A                                                      3110                            187-26
            04.03 B                                                      3210                           228-46
            04.04 A I a) 1                                               3321                             15-00
            04.04 A I a ) 2                                              3420                            129-35 (»)
            04.04 A I b) 1 aa)                                           3521                             15-00
            04.04 A I b ) 1 bb)                                          3619                            129-35 (»)
            04.04 A I b ) 2                                              3719                           T29:35 ( n )
            04.04 A II                                                   3800                            129-35
            04.04 B                                                      3900                            134-56 ( 12 )
            04.04 C                                                      4000                            127-81
            04.04 D I                                                    4120                             30-00
            04.04 D II a) 1                                              4410                            129-11
            04.04 D II a) 2                                              4510                            137-25
             04.04 D II b )                                              4610                            217-25
             04.04 E I a)                                                4710                            134-56
             04.04 E I b) 1 aa)                                          4834                             15-00
             04.04 E I b ) 1 bb )                                        4850                            167-81
 ---pagebreak--- 13 . 8 . 77                                 Official Journal of the European Communities                                           No L 207/9
                                       CCT heading No                                Code                     Import levy
            04.04 E I b )       2 aa )                                              4922                             137-19 ( 1S)
            04.04 E I b )       2 bb )                                              5022                             137-19 ( 14 )
            04.04 E I b )       3                                                   5030                             137-19 ( 15 )
            04.04 E I b )       4                                                   5060                             137-19 ( 1S)
            04.04 E I b )       5                                                   5120                             137-19
            04.04 E I c) 1                                                          5210                             102-89
            04.04 E I c ) 2                                                         5250                             217-19
            04.04 E II a )                                                          5310                             134-56
            04.04 E II b )                                                          5410                             217-19
            17.02 All ( 1β )                                                        5500                               18-95
            17.05 A                                                                 5600                              18-95
            23.07 B I a ) 3                                                         5700                              68-29
            23.07 B I a ) 4                                                         5800                              88-62
            23.07 B I b ) 3                                                         5900                              82-69
            23.07 B I c) 3                                                          6000                              67-45
            23.07 B II                                                              6100                              88-62
            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) 12-46 u.a .
            (") 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 ) 12-46 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).
            ('=) 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).
            C 6) 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 ).