CELEX: 31983R1248
Language: en
Date: 1983-05-21 00:00:00
Title: Commission Regulation (EEC) No 1248/83 of 20 May 1983 fixing the import levies on milk and milk products

21 . 5 . 83                              Official Journal of the European Communities                         No L 133/ 5
                                     COMMISSION REGULATION (EEC) No 1248/83
                                                         of 20 May 1983
                                  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 1183/82 (2), and in particular              the products falling within subheading 04.02 B I b),
Article 14(8) thereof,                                             calculated by multiplying the basic amount by the
                                                                   quantity of milk powder contained in the product ;
                                                                   whereas the same applies to products falling within
Having regard to the opinion of the Monetary                       subheading 04.02 B II b) as regards the component of
Committee,                                                         the levy fixed by means of a coefficient expressing the
                                                                   weight ratio between the milk components contained
                                                                   in the product and the product itself ;
Whereas Article 14 of Regulation (EEC) No 804/68
provides for charging a levy on imports of the
products listed in Article 1 of that Regulation ;                  Whereas the basic amount must be equal to one
whereas these products may be divided into groups ;                hundredth part of the levy set out for each product in
whereas the product groups and the pilot groups and                the second subparagraph of Article 9 ( 1 ) and the
the pilot product for each of these groups are set out             second subparagraph of Article 9 (2) of Regulation
in Annex I to Council Regulation (EEC) No 2915/79                  (EEC) No 1073/68 ;
of 18 December 1979 determining the groups of
products and the special provisions for calculating
levies on milk and milk products and amending Regu­
lation (EEC) No 950/68 on the Common Customs                       Whereas Annex II to Regulation (EEC) No 2915/79
Tariff (3), as last amended by Regulation (EEC) No                 listed certain products of Group 1 1 originating in and
1206/83 (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 f), as last
                                                                   amended by Regulation (EEC) No 1264/83 (8) ;
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 1983/84 milk year              Whereas Commission Regulation (EEC) No 3700/81
by Council Regulation (EEC) No 1207/83 of 17 May                   of 23 December 1981 (9) laid down detailed interim
 1983 (5);                                                         rules in respect of the cheese agreements with Austria
                                                                   and Finland ;
Whereas, however, Regulation (EEC) No 2915/79 lays
down special provisions for calculating the levy on
certain assimilated products ; whereas these products              Whereas, within the tariff quotas referred to in Annex
 are listed and the method of calculating the levy on               I to Regulation (EEC) No 1767/82, the levy on 100
them described in Annex II and in Articles 2 to 1 1 of              kilograms of a product of Group 10 or 11 and falling
that Regulation respectively ; whereas this method                 within subheadings 04.04 E I b) 1 and b) 2 shall be
                                                                    equal to 12-09 ECU ;
(") OJ   No  L 148 , 28 . 6 . 1968 , p. 13 .
(2) OJ   No  L 140 , 20 . 5. 1982, p. 1 .                          (6) OJ  No L 180,  26. 7. 1968, p. 25.
0   OJ   No  L 329,  24.  12. 1979, p. 1 .                          0  OJ  No L 196,  5. 7. 1982, p. 1 .
(<) OJ   No  L 132,  21 . 5. 1983, p. 3.                           (8) See page 54 of this Official Journal.
0   OJ   No  L 132,  21 , 5. 1983, p. 4.                            0  OJ  No L 369 , 24. 12. 1981 , p. 33 .
 ---pagebreak--- No L 133/6                          Official Journal of the European Communities                              21 . 5 . 83
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
— an additional component fixed at a level which,             market to each of the relevant characteristics of the
     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--- 21 . 5 . 83                       Official Journal of the European Communities                           No L 133/7
                                                              HAS ADOPTED THIS REGULATION :
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
     these currencies recorded for a given period in                                 Article 1
     relation to the Community currencies referred to
     in the previous indent ;                                 The import levies referred to in Article 14 (1 ) of Regu­
                                                              lation (EEC) No 804/68 shall be as set out in the
                                                              Annex hereto.
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 23 May 1983.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 May 1983.
                                                                       For the Commission
                                                                         Poul DALSAGER
                                                                    Member of the Commission
 ---pagebreak--- No L 133 /8                            Official Journal of the European Communities                                         21 . 5. 83
                                                             ANNEX
            to the Commission Regulation of 20 May 1983 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                  23,60
                   b) Other                                                                    0120                  21,19
              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                  21,19
                       2.   Exceeding 4 %                                                      0140                  26,33
                   b) Other, of a fat content, by weight :
                       1 . Not exceeding 4 %                                                   0150                   19,98
                       2. Exceeding 4 %                                                        0160                  25,12
          B. Other, of a fat content, by weight :
I               I. Exceeding 6 % but not exceeding 21 %                                        0200                  56,13
               II. Exceeding 21 % but not exceeding 45 %                                       0300                 118,75
              III. Exceeding 45 %                                                              0400                 183,52
04.02     Milk and cream, preserved, concentrated or sweetened :
          A. Not containing added sugar :
                I. Whey                                                                        0500                   19,79
               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                  91,73
                        2. Exceeding 1 -5 % but not exceeding 27 %                             0720                 138,99
                        3. Exceeding 27 % but not exceeding 29 %                               0820                 141,41
                        4. Exceeding 29 %                                                      0920                 159,69
                    b) Other, of a fat content, by weight :                                  I
                        1 . Not exceeding 1 -5 %                                                1020                 84,48
                        2. Exceeding 1 -5 % but not exceeding 27 %                              1120                131,74
                        3. Exceeding 27 % but not exceeding 29 %                                1220                134,16
                        4. Exceeding 29 %                                                       1320                152,44
 ---pagebreak--- 21 . 5. 83                              Official Journal of the European Communities                   No L 133/9
    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     23,90
                         2 . Other                                                          1520     32,27
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 %                                             1620    118,75
                         2. Exceeding 45 %                                                  1720    183,52
           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 l-5% (3)                                     2220  0,8448 (4)
                                                                                                    per kg
                             bb) Exceeding 1-5 % but not exceeding 27 % (3)                 2320  1,3174 («)
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2420  1,5244 (4)
                                                                                                    per kg
                        2. Other, of a fat content, by weight :
                             aa) Not exceeding 1-5 % (3)                                    2520  0,8448 0
                                                                                                    per kg
                             bb) Exceeding 1-5 % but not exceeding 27 % (3)                 2620  1,3174 Is)
                                                                                                    per kg
                             cc) Exceeding 27 % (3)                                         2720  1,5244 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     46,75
                    b) Other, of a fat content, by weight :                                 \
                        1 . Not exceeding 45 % (3)                                          2910  1,1875 0
                                                                                                    per kg
                        2. Exceeding 45 % (3)                                               3010  1,8352 0
                                                                                                    per kg
04.03      Butter :
           A. Of a fat content, by weight, not exceeding 85 %                               3110    215,90
           B. Other                                                                         3210    263,40
04.04      Cheese and curd :
           A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois
              and Tete de moine, not grated or powdered                                     3300    186,71 (6)
           B. Glaurus herb cheese (known as Schabziger), made from skimmed milk
              and mixed with finely-ground herbs (2)                                        3900    198,03 f)
           C. Blue-veined cheese, not grated or powdered                                    4000    143,23 (8)
 ---pagebreak--- No L 133/ 10                          Official Journal of the European Communities                       21 . 5 . 83
    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       li
                   matter :                                                             li
                   a) Not exceeding 48 %                                                 4410   149,95 0
                   b) Exceeding 48 %                                                     4510   1 59,20 (9)
              II. Exceeding 36 %                                                         4610   255,92
          E. Other :                                                                    Il
               I. Not grated or powdered, of a fat content, by weight, not exceeding ll
                   40 % and a water content, calculated by weight of the non-fatty \
                   matter :
                                                                                        l
                   a) Not exceeding 47 %                                                 4710   198,03
                   b) Exceeding 47 % but not exceeding 72 % :                           Il
                       1 . Cheddar :                                                     4800   1 98,74 ( 10)
                      2. Other :                                                         5000   1 58,82 (")
                   c) Exceeding 72 % :
                      1 . In immediate packings of a net capacity not exceeding 500 g    5210   119,12
                      2. Other                                                           5250   255,54
              II . Other :
                   a) Grated or powdered                                                 5310   198,03
                   b) Other                                                              5410   255,54
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 :                                                l
              II. Other (than those containing, in the dry state, 99 % or more by
                   weight of the pure product) (12)                                      5500     40,33
21.07     F. Flavoured or coloured sugar syrups :
              I. Lactose syrup                                                           5600     40,33
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     65,78
                      4. Containing not less than 75 % by weight of milk products        5800     85,21
                   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     79,84
                   c) Exceeding 30 % :
                      3 . Containing 50 % or more by weight of milk products             6000     65,91
             II. Containing no starch, glucose or glucose syrup, but containing milk
                   products                                                              6100     85,21
 ---pagebreak--- 21 . 5 . 83                              Official Journal of the European Communities                              No L 133/ 11
  (') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic toxicogenic germs
       and containing per gram less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria.
  (2) Inclusion under this tariff subheading is subject to conditions to be laid down by the competent authorities.
  (3) In calculating the fat content the weight of any added sugar shall be disregarded.
  (4) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
       (a) the amount per kg shown, multiplied by the weight of milk and cream contained in 100 kg of product ;
       (b) 7,25 ECU ; and
       (c) 19,75 ECU.
  (*) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
       (a) the amount per kg shown, multiplied by the weight of milk and cream contained in 100 kg of product ; and
       (b) 19,75 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 .
   I7) 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 is limited to 1 2,09 ECU per 1 00 kg net weight :
       — for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada,
       — for products listed under (e) and (f) of that Annex imported from Australia or New Zealand.
(") The levy is limited to :
       — 77,70 ECU per 100 kg net weight for products listed under (i) of Annex I to Regulation (EEC) No 1767/82 imported from
            Romania or Switzerland,
       — 50 ECU for products listed under (o) and (p) of that Annex imported from Austria,
        — 101,88 ECU per 100 kg net weight for products listed under (k) of that Annex imported from Romania or Switzerland,
       — 65,61 ECU per 100 kg net weight for products listed under (1) of that Annex imported from Bulgaria, Hungary, Israel,
            Romania or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania,
            Turkey or Cyprus,
        — 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria 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,
        — 12,09 ECU for products listed under (f) of that Annex imported from Australia and New Zealand.
 (12) Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation (EEC) No 2730/75, subject to the
        same levy as that applicable to lactose and lactose syrup falling within subheading 17.02 A II.
 (u) 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.