CELEX: 31978R1017
Language: en
Date: 1978-05-20 00:00:00
Title: Commission Regulation (EEC) No 1017/78 of 19 May 1978 fixing the import levies on milk and milk products

20 . 5 . 78                                Official Journal of the European Communities                         No L 132/ 13
                                     COMMISSION REGULATION ( EEC) No 1017 / 78
                                                           of 19 May 1978
                                   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 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
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 1000/78 (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 1978 /79 milk year                into the Community the price of an assimilated
by Council Regulation ( EEC) No 999/78 of 12 May                      product for which the levy is not equal to the levy on
 1978 (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 B I b) listed in Annex II to Regulation (EEC)                   the customs duty has been bound within GATT must
(») OJ   No  L 148 , 28 . 6. 1968 , p. 13 .
                                                                      be limited to the amount resulting from that binding ;
(2) OJ   No  L 303,  28 . 11 . 1977, p. 1 .
(3) OJ   No  L 151 , 30 . 6. 1968 , p. 3 .
(4) OJ   No  L 130,  18 . 5. 1978 , p. 7.                             Whereas Regulation (EEC) No 1073/68 provides that
(5) OJ   No  L 130 , 18 . 5. 1978 , p. 6.                             a free-at-frontier price must be established for each of
(6) OJ   No  L 180.  26.  7. 1968 , p. 25 .                           the pilot products defined in Annex I to Regulation
 ---pagebreak--- No L 132/ 14                       Official Journal of the European Communities                               20 . 5 . 78
(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 22 May
 and average yields ;                                          1978 .
 ---pagebreak--- 20 . 5 . 78                    Official Journal of the European Communities                      No L 132/ 15
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 19 May 1978 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                        Vice-President
 ---pagebreak--- No L 132/ 16                          Official Journal of the European Communities                                        20. 5 . 78
                                                          ANNEX
             to the Commission Regulation of 19 May 1978 fixing the import levies on milk and
                                                       milk products
                                                                    (u.a. /100 kg net weight, unless otherwise indicated)
                                  CCT heading No                        Code                      Import levy
             04.01 A I a)                                              0110                              21.67
             04.01 A I b)                                              0120                               19.67
             04.01 A II a) 1                                           0130                               19.67
             04.01 A II a) 2                                           0140                               24.22
             04.01 A II b) 1                                           0150                               18.67
             04.01 A II b) 2                                           0160                              23-22
             04.01 B I                                                 0200                              49.62
             04.01 B II                                                0300                             104.97
             04.01 B III                                               0400                             166.22
             04.02 A I                                                 0500                               15.30
             04.02  A II a)  1                                         0620                              94.09
             04.02  A II a)  2                                         0720                             125.88
             04.02  A II a)  3                                         0820                             127.88
             04.02  A II a)  4                                         0920                             138-63
             04.02 A II b) 1                                           1020                               88-09
             04.02 A II b) 2                                            1120                            119-88
             04.02 A II b) 3                                            1220                            121.88
             04.02 A II b) 4                                            1320                            132.63
             04.02 A III a) 1                                           1420                              21-51
             04.02 A III a) 2                                           1520                              29-04
             04.02 A III b) 1                                           1620                            104.97
             04.02 A III b) 2                                           1720                            166.22
             04.02 B I a)                                               1820                              30.00
             04.02 B I b)   1 aa)                                      2220               per   kg          0.8809  (9)
             04.02 B I b)   1 bb)                                      2320               per   kg         ,1-1988  (9)
             04.02 B I b)   1 cc)                                      2420               per   kg          1-3263  (9)
             04.02 B I b)  2 aa)                                       2520               per   kg          0.8809  ( 10)
             04.02 B I b)  2 bb)                                       2620               per   kg          1.1988  ( 10)
             04.02 B I b)  2 cc)                                       2720               per   kg          1.3263  ( 10)
             04.02 B II a)                                             2820                               34.18
             04.02 B II b) 1                                           2910               per kg            1.0497 (10)
             04.02 B II b) 2                                           3010               per kg            1.6622 (10)
             04.03 A                                                    3110                            190-85
             04.03 B                                                    3210                            232.84
             04.04 A I a) 1                                            3321                              ,15.00
             04.04 A I a) 2                                            3420                             130-26 (")
             04.04 A I b ) 1 aa)                                       3521                               15.00
             04.04 A I b) 1 bb)                                        3619                             130.26 (»)
             04.04 A I b) 2                                            3719                             130.26 (")
             04.04 A II                                                3800                             130.26
             04.04 B                                                   3900                             165.10 ( 12)
             04.04 C                                                   4000                             131.07
             «4.04 D I                                                 4120                               30.00
             •04.04 D II a) 1                                           4410                            121.54
             04.04 D II a) 2                                            4510                            132-30
             04.04 D II b)                                              4610                            212.30
              04.04 E I a)                                              4710                            165.10
              04.04 E I b) 1 aa)                                       4834                               15.00
             04.04 E I b) 1 bb)                                        4850                             170.64
 ---pagebreak--- 20. 5 . 78                               Official Journal of the European Communities                                           No L 132/ 17
                                    CCT heading No                                 Code                     Import levy
           04.04 E I b) 2 aa)                                                      4922                            127.50 ( 13)
           04.04 E I b) 2 bb)                                                      5022                            127.50 (14)
           04.04 E I b) 3                                                          5030                            127.50 (15)
           04.04 E I b) 4                                                          5060                            127.50 (15)
           04.04 E I b) 5                                                          5120                            127.50
           04.04 E I c) 1                                                          5210                             95.63
           04.04 E I c) 2                                                          5250                            207.50
           04.04 E II a)                                                           5310                            165.10
           04.04 E II b)                                                           5410                            207.50
           17.02 A II (16)                                                         5500                             18-95
           21.07 F I                                                               5600                             18.95
           23.07 B I a) 3                                                          5700                             68.07
           23.07 B I a) 4                                                          5800                             88.33
           23.07 B I b) 3                                                          5900                             82-44
           23.07 B I c) 3                                                          6000                             67-27
           23.07 B II                                                              6100                             88.33
           For notes i1} 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) 13.76 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) 13.76 u.a .
           (11) 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 53.16 u.a . per 100 kg net weight for imports from Austria, Finland , Romania and
                 Switzerland (Regulation (EEC) No 1054/68 as amended).
           C4) The levy is limited to 73.16 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 73.16 (u.a . \per 100 kg net weight for imports from Bulgaria , (Hungary, Romania
                 and Turkey ( Regulation (EEC) No 1054/68 as amended).
           (16) 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).