CELEX: 31984R1809
Language: en
Date: 1984-06-29 00:00:00
Title: Commission Regulation (EEC) No 1809/84 of 28 June 1984 fixing the import levies on milk and milk products

29 . 6. 84                            Official Journal of the European Communities                         No L 170/27
                                 COMMISSION REGULATION (EEC) No 1809/84
                                                     of 28 June 1984
                               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 1 557/84 (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
 1736/84 (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 f7), as last
 Whereas the levy on the products in any one group                amended by Regulation (EEC) No 1693/84 (8);
 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 1984/85 milk year            Whereas Commission Regulation (EEC) No 3700/81
 by Council Regulation (EEC) No 860/84 of 31 March                of 23 December 1981 (9) laid down detailed interim
  1984 0 ;                                                        rules in respect of the cheese agreements with Austria
                                                                  and Finland ;
 Whereas, however, Regulation (EEC) No 2915/79 lays
 down special provisions for calculating the levy on
 certain assimilated products ; whereas these products            Whereas, within the tariff quotas referred to in Annex
 are listed and the method of calculating the levy on             I to Regulation (EEC) No 1767/82, the levy on 100
 them described in Annex II and in Articles 2 to 1 1 of           kilograms of a product of Group 10 or 11 and falling
 that Regulation respectively ; whereas this method               within subheadings 04.04 E I b) 1 and b) 2 shall be
                                                                  equal to 1 2,09 ECU ;
 (') OJ  No  L 148, 28 . 6. 1968, p. 13.
 0   OJ  No  L 150, 6. 6. 1984, p. 6.                             (6) OJ No  L 180,  26. 7. 1968, p. 25.
 (3) OJ  No  L 329, 24. 12. 1979, p. 1 .                          0   OJ No  L  196, 5. 7. 1982, p. 1 .
 (<) OJ  No  L 164, 22. 6. 1984, p. 10.                           (") OJ No  L  160, 15. 6. 1984, p. 14.
 H OJ No L 90, 1 . 4. 1984, p. 20.                                O   OJ No  L 369,  24. 12. 1981 , p. 33.
 ---pagebreak---  No L 170/28                        Official Journal of the European Communities                              29 . 6 . 84
Whereas, for as long as it is found that on importation        to allow, in particular, for differences in composition,
into the Community the price of an assimilated                 maturity, quality and presentation between the assimi­
product for which the levy is not equal to the levy on         lated product and the related pilot product ; whereas
its pilot product is considerably lower than the price        adjustments relating to composition must be calcu­
which would obtain if the ratio to the price of the           lated by multiplying the difference between the milk
pilot product were normal, the levy must be equal to          component content of the pilot product and that of
the sum of two components :                                   the assimilated product in question by the value attri­
                                                              buted in international trade to one unit of weight of
— one component equal to the amount resulting                 the milk component in question ; whereas, when the
     from the provisions of Articles 2 to 7 of Regulation     other adjustments are being effected, the difference
     (EEC) No 2915/79 applicable to the assimilated           between the value attributed on the Community
                                                              market to each of the relevant characteristics of the
     product in question,
                                                              pilot product and the value attributed on that market
— an additional component fixed at a level which,             to the corresponding characteristics of the assimilated
     the composition and quality of the assimilated           product in question must be taken into account ;
     product being taken into account, makes it
     possible to re-establish normal price ratios for
     imports into the Community ;                             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
Whereas Article 14(3) of Regulation (EEC) No 804/68           materials contained in the pilot product in question
provides that the levy on products in respect of which        (calculated on the basis of the prices of milk products
the customs duty has been bound within GATT must              for which prices are available), average processing costs
be limited to the amount resulting from that binding ;        and average yields ;
Whereas Regulation (EEC) No 1073/68 provides that a           Whereas, in exceptional circumstances, a free-at­
free-at-frontier price must be established for each of        frontier price may remain unchanged for a limited
the pilot products defined in Annex I to Regulation           period where the new level of the price for a given
(EEC) No 2915/79 ; whereas these prices must be               quality or a specific origin, used as a basis for estab­
determined for products of good marketable quality ;          lishing the previous free-at-frontier price, has not
                                                              reached the Commission to enable it to establish the
                                                              next free-at-frontier price and if the Commission
Whereas the free-at-frontier prices must be established       considers that the prices which are available could lead
on the basis of the most favourable purchasing oppor­         to sudden and considerable changes in the free-at­
tunities in international trade for the products listed in    frontier price because they are not sufficiently rep­
                                                              resentative of real market trends :
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No
804/68 other than assimilated products for which the
levy is not equal to the levy on the related pilot
products ; whereas, when recording these purchasing           Whereas, in accordance with Article 19(1 ) of Regula­
opportunities, the Commission must take account of            tion (EEC) No 804/68, the nomenclature provided for
all information obtained direct or through the Member         in this Regulation is incorporated in the Common
States concerning prices for delivery of third-country        Customs Tariff ;
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, however, no account should be taken of               whereas they may be altered in the intervening period
information relating to small quantities which are not        if necessary ; whereas the levy remains valid until
representative of trade in the products in question and       another becomes applicable ;
quantities in respect of which price trends in general
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­        Whereas, if the levy system is to operate normally,
sentative of the real trend of the market :                   refunds should be calculated on the following basis :
                                                              — in the case of currencies which are maintained in
Whereas the prices used must be adjusted where they                relation to each other at any given moment within
are not quoted free-at-Community-frontier or where                 a band of 2,25 % , a rate of exchange based on
they do not apply to products of good marketable                   their central rate, multiplied by the coefficient
quality ; whereas the adjustment in respect of an assi­            provided for in Article 2b (2) of Regulation (EEC)
milated product the levy on which is equal to the levy             No 974/71 , as last amended by Regulation (EEC)
on its pilot product must be effected in such a way as             No 855/84,
 ---pagebreak--- 29. 6. 84                        Official Journal of the European Communities                          No L 170/29
— for other currencies, an exchange rate based on the        HAS ADOPTED THIS REGULATION :
    arithmetic mean of the spot market rates of each of
    these currencies recorded over a given period in                                Article 1
    relation to the Community currencies referred to
    in the previous indent and the aforesaid coeffi­         The import levies referred to in Article 14 ( 1 ) of Regu­
    cient ;                                                  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 1 July 1984.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 June 1984.
                                                                      For the Commission
                                                                        Poul DALSAGER
                                                                  Member of the Commission
 ---pagebreak--- No L 170/30                     Official Journal of the European Communities                                  29. 6. 84
                                                    ANNEX
          to the Commission Regulation of 28 June 1984 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 Ala)                                             0110                          25,31
          04.01 A I b)                                           0120                          22,90
          04.01 Alia) 1                                          0130                          22,90
          04.01 A II a) 2                                        0140       l                  27,63
          04.01 A lib) 1                                         0150                          21,69
          04.01 A lib) 2                                         0160                          26,42
          04.01 B I                                              0200                          51,63
          04.01 B II                                             0300       I                109,21
          04.01 B III                                            0400                        168,78
          04.02 A I                                              0500                          19,00
          04.02 A II a) 1                                        0620                        121,16
          04.02 A II a) 2                                        0720                        157,03
          04.02 A II a) 3                                        0820                        159,45
          04.02 A II a) 4                                        0920                        224,49
          04.02 A II b) 1                                        1020                        113,91
          04.02 A II b) 2                                        1120                        149,78
          04.02 A II b) 3                                        1220                        152,20
          04.02 A II b) 4                                        1320                        217,24
          04.02 A III a) 1                                       1420                          26,59
          04.02 A III a) 2                                       1520                          35,90
          04.02 A III b) 1                                       1620                        109,21
          04.02 A III b) 2                                       1720                        168,78
          04.02 B I a)                                           1820                          36,27
          04.02 B I b) 1 aa)                                     2220            per  kg        1,1391 (4)
          04.02 B I b) 1 bb)                                     2320            per  kg        1,4978 (4)
          04.02 B I b) 1 cc)                                     2420            per  kg        2,1724 0
          04.02 B I b) 2 aa)                                     2520            per  kg        1,1391 0
          04.02 B I b) 2 bb)                                     2620            per  kg        1,4978 0
          04.02 B I b) 2 cc)                                     2720            per  kg        2,1724 0
          04.02 B II a)                                          2820                          50,55
          04.02 B II b) 1                                        2910            per kg         1,0921 0
          04.02 B II b) 2                                        3010            per kg         1,6878 0
          04.03 A                                                3110                        198,56
          04.03 B                                                3210                        242,24
          04.04 A                                                3300                        213,49 (*)
          04.04 B                                                3900                        236,36 O
          04.04 C                                                4000                        157,69 (*)
          04.04 D I a)                                           4410                        1 62,52 O
          04.04 D I b)                                           4510                        165,11 O
          04.04 D II                                             4610                        261,83
          04.04 E I a)                                           4710                        236,36
          04.04 E I b) 1                                         4800                        1 93,46 ('")
 ---pagebreak--- 29 . 6 . 84                   Official Journal of the European Communities                               No L 170/31
                                                       (ECU/100 kg net weight, unless otherwise indicated)
                           CCT heading No                     Code                  Import levy
            04.04 E 1 b) 2                                    5000                        1 75,62 (")
            04.04 E I c) 1                                    5210                        131,72
            04.04 E I c) 2                                    5250                        272,34
            04.04 E II a)                                     5310                        236,36
            04.04 E II b)                                     5410                        272,34
            17.02 A II                                        5500                          40,31 0 2)
            21.07 F I                                         5600                          40,31
            23.07 B I a) 3                                    5700                          87,85
            23.07 B I a) 4                                    5800                        114,05
            23.07 B I b) 3                                    5900                        105,94
            23.07 B I c) 3                                    6000                          85,30
            23.07 B II                                        6100                        114,05
 ---pagebreak---  No L 170/32                            Official Journal of the European Communities                                     29. 6. 84
  (') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic toxicogenic germs
      and containing per gram less than 1 0 000 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) 22,49 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 1 00 kg of product ; and
      (b) 22,49 ECU.
  (6) 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 1 767/82 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 .
  0 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.
  f) The levy is limited to 36,27 ECU per 100 kg net weight for products listed under (g) of Annex I to Regulation (EEC) No
      1767/82 imported from Switzerland and for products listed under (h) of that Annex imported from Austria or Finland.
(10) The levy is limited to 12,09 ECU per 100 kg net weight :
      — for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada,
      — for products listed under (e) and (f) of that Annex imported from Australia or New Zealand.
(") 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, Turkey or Yugoslavia and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel,
          Romania, Turkey, Cyprus or Yugoslavia,
      — 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.
(,2) 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.
(n) 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.