CELEX: 31979R1364
Language: en
Date: 1979-07-02 00:00:00
Title: Commission Regulation (EEC) No 1364/79 of 29 June 1979 fixing the import levies on milk and milk products

2. 7. 79                                Official Journal of the European Communities                           No L 163/25
                                    COMMISSION REGULATION (EEC) No 1364/79
                                                        of 29 June 1979
                                  fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                    amount by the quantity of milk powder contained in
COMMUNITIES,                                                       the product ; whereas the same applies to products
                                                                   falling within subheading 04.02 B II b) as regards the
Having regard to the Treaty establishing the European              component of the levy fixed by means of a coefficient
Economic Community,
                                                                   expressing the weight ratio between the milk compo­
Having regard to Council Regulation (EEC) No                       nents contained in the product and the product itself ;
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products (1), as last               Whereas the basic amount must be equal to one
amended by Regulation (EEC) No 1761 /78 (2), and in                hundredth part of the levy set out for each product in
particular Article 14(8) thereof,                                  the second subparagraph of Article 9 (1 ) and the
Having regard to the opinion of the Monetary                       second subparagraph of Article 9 (2) of Regulation
Committee,                                                         (EEC) No 1073/68 ;
Whereas Article 14 of Regulation (EEC) No 804/68
provides for charging a levy on imports of the                     Whereas, for products belonging to Group No 11 ,
products listed in Article 1 of that Regulation ;                  originating in and coming 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 kilograms for products falling within
in Annex I to Council Regulation (EEC) No 823/68 of                subheading 04.04 E I b) 2, or not less than 130 units
28 June 1968 determining the groups of products and                of account per 100 kilograms for products falling
the special provisions for calculating levies on milk              within subheading 04.04 E I b) 3, or not less than 115
and milk products (3), as last amended by Regulation               units of account for products falling within
(EEC) No 1000/78 (4);                                              subheading 04.04 E I b) 4, the levy per 100 kilograms
                                                                   is defined in Article 8 of Regulation (EEC) No
Whereas the levy on the products in any one group                   823/68 ;
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 1979/80 milk year              Whereas, for as long as it is found that on importation
by Council Regulation (EEC) No 1268/79 of 25 June                   into the Community the price of an assimilated
 1979(5);                                                           product for which the levy is not equal to the levy on
Whereas, however, Regulation (EEC) No 823/68 lays                   its pilot product is considerably lower than the price
                                                                   which would obtain if the ratio to the price of the
down special provisions for calculating the levy on
certain assimilated products ; whereas these products               pilot product were normal, the levy must be equal to
                                                                    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
that Regulation respectively ; whereas this method                  — one component equal to the amount resulting
consists in adding together the various components                       from the provisions of Articles 2 to 7 of Regula­
defined in those Articles ;                                              tion (EEC) No 823/68 applicable to the assimi­
                                                                         lated product in question ;
Whereas Commission Regulation (EEC) No 1073/68
of 24 July 1968 laying down detailed rules for deter­               — an additional component fixed at a level which,
 mining free-at-frontier prices and for fixing levies in                 the composition and quality of the assimilated
 respect of milk and milk products (6), provides that                    product being taken into account, makes it
 the component of the levy fixed by means of a coeffi­                   possible to re-establish normal price ratios for
 cient expressing the weight ratio between the milk                      imports into the Community ;
 powder contained in the product and the product
 itself is, for the products falling within subheading              Whereas Article 14(3) of Regulation (EEC) No 804/68
 04.02 Bib) listed in Annex II to Regulation (EEC)                  provides that the levy on products in respect of which
 No 823/68, calculated by multiplying the basic                     the customs duty has been bound within GAIT must
                                                                    be limited to the amount resulting from that binding ;
(i)  OJ  No  L 148,  28 . 6. 1968, p. 13.
(2)  OJ No   L 204,  28.  7. 1978, p. 6.
(»)  OJ  No  L 151 , 30.  6. 1968, p. 3.                            Whereas Regulation (EEC) No 1073/68 provides that
(<   OJ  No  L 130,  18.  5. 1978, p. 7.
 (5) OJ  No  L 161 , 29.  6. 1979, p. 7.                             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 163/26                         Official Journal of the European Communities                               2. 7. 79
  (EEC) No 823/68 ; whereas these prices must be deter­         period where the new level of the price for a given
  mined 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 estab­            next free-at-frontier price and if the Commission
  lished on the basis of the most favourable purchasing         considers that the prices which are available could
  opportunities in international trade for the products         lead to sudden and considerable changes in the free-
  listed in Article 1 (a) 2 and (b) to (g) of Regulation        at-frontier price because they are not sufficiently repre­
  (EEC) No 804/68 other than assimilated products for           sentative of real market trends ;
  which the levy is not equal to the levy on the related
  pilot products ; whereas, when recording these                Whereas, in accordance with Article 19 (1 ) of Regula­
  purchasing opportunities, the Commission must take            tion (EEC) No 804/68, the nomenclature provided for
  account of all information obtained direct or through         in this Regulation is incorporated in the Common
  the Member States concerning prices for delivery of           Customs Tariff ;
  third-country products free-at-Community-frontier
  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        Whereas, if the levy system is to operate normally,
x or other information available to it lead the Commis­         refunds should be calculated on the following basis :
  sion to believe that the price in question is unrepre­
  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 on
  Whereas the prices used must be adjusted where they                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 indent ;
  to allow, in particular, for differences in composition,
  maturity, quality and presentation between the assimi­        Whereas Council Regulation (EEC) No 652/79 of 29
  lated product and the related pilot product ; whereas         March 1979 (*) laid down the coefficient for
  adjustments relating to composition must be calcu­             expressing amounts, fixed in units of account, in
  lated by multiplying the difference between the milk           ECU ;
  component content of the pilot product and that of
  the assimilated product in question by the value attri­       Whereas it follows from applying these provisions
  buted in international trade to one unit of weight of          that the levies on milk and milk products should be
  the milk component in question ; whereas, when the             as set out in the Annex hereto,
  other adjustments are being effected, the difference
  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          HAS ADOPTED THIS REGULATION :
  to the corresponding characteristics of the assimilated
  product in question must be taken into account ;
                                                                                          Article 1
  Whereas, if no information on prices is available, the
  free-at-frontier price may, by way of exception, be           The import levies referred to in Article 14 (1 ) of Regu­
  established on the basis of the value of the raw mate­         lation (EEC) No 804/68 shall be as set out in the
                                                                 Annex hereto.
  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
  and average yields ;                                                                    Article 2
                                                                 This Regulation shall enter into force on 2 July 1979 .
  Whereas, in exceptional circumstances, a free-at-
  frontier price may remain unchanged for a limited              (!) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak--- 2. 7 . 79                    Official Journal of the European Communities                      No L 163/27
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 29 June 1979.
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                      Vice-President
 ---pagebreak--- No L 163/ 28                       Official Journal of the European Communities                                      2. 7. 79
                                                       ANNEX
            to the Commission Regulation of 29 June 1979 fixing the import levies on milk and
                                                    milk products
                                                               (ECU / 100 kg net weight, unless otherwise indicated)
                               CCT heading No                      Code                      Import levy
            04.01 A I a)                                           0110                              26.48
            04.01 A I b)                                           0120                              24.07
            04.01 A II a) 1                                        0130                              24.07
            04.01 A II a) 2                                        0140                              29.67
            04.01 A II b) 1                                        0150                              22.86
            04.01 A II b) 2                                        0160                              28-46
            04.01 B I                                              0200                              61.19
            04.01 B II                                             0300                             129-43
            04.01 B III                                            0400                            200.03
            04.02 A I                                              0500                              13.30
            04.02 A II a) 1                                        0620                            114.41
            04.02 A II a) 2                                        0720                             156.14
            04.02 A II a) 3                                        0820                             158.56
            04.02 A II a) 4                                        0920                            170.33
            04.02 A II b) 1                                        1020                             107.16
            04.02 A II b) 2                                        1120                             148.89
            04.02 A II b) 3                                        1220                            151-31
            04.02 A II b) 4                                        1320                             163.08
            04.02 A III a) 1                                       1420                              23-40
            04.02 A III a) 2                                       1520                              31.59
            04.02 A III b) 1                                       1620                             129.43
            04.02 A III b) 2                                       1720                            200-03
            04.02 B I a)                                           1820                              36.27
            04.02 B I b) 1 aa)                                     2220              per   kg         1.0716  (•)
            04.02 B I b) 1 bb)                                     2320              per   kg         1.4889  (•)
            04.02 B I b) 1 cc)                                     2420              per   kg         1.6308  (•)
            04.02 B I b) 2 aa)                                     2520              per   kg         1.0716  (")
            04.02 B I b) 2 bb)                                     2620              per   kg         1.4889  (10)
            04.02 B I b) 2 cc)                                     2720              per   kg         1.6308  (10)
            04.02 B II a)                                          2820                              38.53
            04.02 B II b) 1                                        2910              per kg           1.2943 (10)
            04.02 B II b) 2                                        3010              per kg           2-0003 (10)
            04.03 A                                                3110                            235.33 '
            04.03 B                                                3210                            287.10
            04.04 A I a) 1                                         3321                              18.13
            04.04 A I a) 2                                         3420                            171.05 (")
            04.04 A I b) 1 aa)                                     3521                              18.13
            04.04 A I b) 1 bb)                                     3619                            171.05 ( u )
            04.04 A I b) 2                                         3719                            171.05 (»)
            04.04 A II                                             3800                            171.05
            04.04 B                                                3900                            203-02 ( 12)
            04.04 C                                                4000                             158-46
            04.04 D I                                              4120                              36.27
            04.04 D II a) 1                                        4410                             145.37
            04.04 D II a) 2                                        4510                             159.70
            04.04 D II b)                                          4610                            256.42
            04.04 E I a)                                           4710                            203-02
            04.04 E I b) 1 aa)                                     4834                              18.13
            04.04 E I b) 1 bb)                                     4850                             186.42
 ---pagebreak--- 2. 7. 79                               Official Journal of the European Communities                                             No L 163 / 29
                                                                              (ECU/100 kg net weight, unless otherwise indicated)
                                  CCT heading No                                 Code                     Import levy
         04.04   EI   b) 2 aa)                                                   4922                           151.89   (»)
         04.04   EI   b) 2 bb)                                                   5022                            151.89  (")
         04.04   El   b) 3                                                       5030                           151.89   (»)
         04.04   EI   b) 4                                                       5060                           151.89   (")
         04.04 E I b) 5                                                          5120                            151-89
         04.04 E I c) 1                                                          5210                            113.92
         04.04 E I c) 2                                                          5250                           248.61
         04.04 E II a)                                                           5310                           203-02
         04.04 E II b)                                                           5410                           248-61
         17.02 A II (»)                                                          5500                             27.08
         21.07 FI                                                                5600                             27.08
         23.07 B I a) 3                                                          5700                             82.79
         23.07 B I a) 4                                                          5800                           107.44
         23.07 B I b) 3                                                          5900                           100-24
         23.07 B I c) 3                                                          6000                             81.74
         23.07 B II                                                              6100                           107-44
         For notes (») to (•), sec notes (') to (•) of Council Regulation (EEC) No 823/6« (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) 7-25 ECU ; and
              c) 15.75 ECU.
         (") The levy on 100 kg of product falling within this subheading is equal to die 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) 15.75 ECU.
         (*>) The levy is limited to 9.07 ECU per 100 kg net weight.
         (") The levy is limited to 6% of the value for customs purposes.
         (") The levy is limited to 64.27 ECU 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 88-45 ECU 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 88.45 ECU per 100 kg net weight for imports from Bulgaria, Hungary, Romania
              and Turkey (Regulation (EEC) No 1054/68 as amended). ,
         ('•) 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 ECU referred to in the subdivisions of this heading shall,
                  notwithstanding general rule C 3 contained in Pant 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 ECU and the exchange rates to be applied for
                  the purposes of the common , agricultural policy (OJ No 106, 30. 10. 1962, p. 2553/62).