CELEX: 31987R3087
Language: en
Date: 1987-10-16 00:00:00
Title: Commission Regulation (EEC) No 3087/87 of 15 October 1987 fixing the import levies on milk and milk products

No L 293/28                              Official Journal of the European Communities                                 16. 10 . 87
                                      COMMISSION REGULATION (EEC) No 3087/87
                                                      of 15 October 1987
                                   fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        free-at-frontier prices and for fixing levies in respect of
                                                                   milk and milk products (*), provides that the component
                                                                   of the levy fixed by means of a coefficient expressing the
Having regard to the Treaty establishing the European              weight ratio between the milk powder contained in the
Economic Community,                                                product and the product itself is, for the products falling
                                                                   within subheading 04.02 B I b), calculated by multiplying
                                                                   the basic amount by the quantity of ' milk powder
Having regard to the Act of Accession of Spain and                 contained in the product ; whereas the same applies to
Portugal,                                                          products falling within subheading 04.02 B II b) as
                                                                   regards the component of the levy fixed by means of a
Having regard to Council Regulation (EEC) No 804/68 of             coefficient expressing the weight ratio between the milk
27 June 1968 on the common organization of the market              components contained in the product and the product
                                                                   itself :
in milk and milk products ('), as last amended by Regula­
tion (EEC) No 2998/87 (2), and in particular Article 14(8)
thereof,
                                                                   Whereas the basic amount must be equal to one
                                                                   hundredth part of the levy set out for each product in the
Having regard to the opinion of the Monetary Committee,            second subparagraph of Article 9 (1 ) and the 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 products
listed in Article 1 of that Regulation ; whereas these
products may be divided into groups ; whereas the                  Whereas Annex II to Regulation (EEC) No 2915/79 listed
product groups and the pilot groups and the pilot product          certain products of Group 11 originating in and
for each of these groups are set out in Annex I to Council         consigned from certain non-member countries ; whereas
Regulation (EEC) No 2915/79 of 18 December 1979                    the levy applicable to these products is set out in Annex I
determining the groups of products and the special provi­          to Regulation (EEC) No 1767/82           as last amended by
sions for calculating levies on milk and milk products and         Regulation (EEC) No 3048/87 (8) ;
amending Regulation (EEC) No 950/68 on the Common
Customs Tariff (3), as last amended by Regulation (EEC)
No 2346/87 (4) ;
                                                                   Whereas Commission Regulation (EEC) No 3700/81 of
                                                                   23 December 1981 (') laid down detailed interim rules in
Whereas the levy on the products in any one group must             respect of the cheese agreements with Austria and
be equal to the threshold price for the pilot product less         Finland ;
the free-at-frontier price ; whereas these threshold prices
were fixed for the 1987/88 milk year by Council Regula­
tion (EEC) No 1:95/87(0 ;
                                                                   Whereas, within the tariff quotas referred to in Annex I to
                                                                   Regulation (EEC) No 1767/82, the levy on 100 kilograms
Whereas, however, Regulation (EEC) No 2915/79 lays                 of a product of Group 10 or 11 or falling within subhea­
down special provisions for calculating the levy on certain        dings 04.04 E I b) 1 and b) 2 shall be the amount fixed in
assimilated products ; whereas these products are listed           that Annex ;
and the method of calculating the levy on them described
in Annex II and in Articles 2 to 11 of that Regulation
respectively ; whereas this method consists in adding
together the various components defined in those                   Whereas, for as long as it is found that on importation
Articles ;                                                         into the Community the price of an assimilated product
                                                                   for which the levy is not equal to the levy on its pilot
                                                                   product is considerably lower than the price which would
Whereas Commission Regulation (EEC) No 1073/68 of                  obtain if the ratio to the price of the pilot product were
24 July 1968 laying down detailed rules for determining            normal, the levy must be equal to the sum of two compo­
                                                                   nents :
(') OJ No  L  148, 28 . 6. 1968, p. 13.
(2) OJ No  L  285, 8 . 10. 1987, p. 1 .                            («) 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 .
0   OJ No  L  213, 4. 8. 1987, p. 1 .                              (■) OJ   No L 289, 13. 10. 1987, p. 18 .
0   OJ No  L  182, 3. 7. 1987, p. 33.                              0   OJ   No L 369, 24. 12. 1981 , p. 33.
 ---pagebreak--- 16. 10 . 87                            Official Journal of the European Communities                             No L 293/29
— one component equal to the amount resulting from               quality and presentation between the assimilated product
    the provisions of Articles 2 to 7 of Regulation (EEC)        and the related pilot product ; whereas adjustments rela­
     No 2915/79 applicable to the assimilated product in         ting to composition must be calculated by multiplying
     question,                                                   the difference between the milk component content of
                                                                 the pilot product and that of the assimilated product in
— an additional component fixed at a level which, the            question by the value attributed in international trade to
     composition and quality of the assimilated product          one unit of weight of the milk component in question ;
     being taken into account, makes it possible to              whereas, when the other adjustments are being effected,
     re-establish normal price ratios for imports into the       the    difference  between   the value   attributed on   the
     Community ;                                                 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 assimi­
Whereas Article 14(3) of Regulation (EEC) No 804/68              lated product in question must be taken into account ;
provides that the levy on products in respect of which the
customs duty has been bound within GAIT must be
limited to the amount resulting from that binding ;
                                                                 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 materials
Whereas Regulation (EEC) No 1073/68 provides that a              contained in the pilot product in question (calculated on
free-at-frontier price must be established for each of the       the basis of the prices of milk products for which prices
pilot products defined in Annex I to Regulation (EEC)            are available), average processing costs and average yields ;
No 2915/79 ; whereas these prices must be determined
for products of good marketable quality ;
                                                                 Whereas, in exceptional circumstances, a free-at-frontier
                                                                 price may remain unchanged for a limited period where
Whereas the free-at-frontier prices must be established on
the basis of the most favourable purchasing opportunities        the new level of the price for a given quality or a specific
in international trade for the products listed in Article        origin, used as a basis for establishing the previous free­
                                                                 at-frontier price, has not reached the Commission to
1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/68 other       enable it to establish the next free-at-frontier price and if
than assimilated products for which the levy is not equal
                                                                 the Commission considers that the prices which are avai­
to the levy on the related pilot products ; whereas, when        lable could lead to sudden and considerable changes in
recording these purchasing opportunities, the Commis­            the free-at-frontier price because they are not sufficiently
sion must take account of all information obtained direct
                                                                 representative of real market trends ;
or through the Member States concerning prices for deli­
very of third-country products free-at-Community-frontier
and prices on third-country markets ;
                                                                 Whereas, in accordance with Article 19 (1 ) of Regulation
                                                                 (EEC) No 804/68, the nomenclature provided for in this
Whereas Regulation (EEC) No 788/86 ('), as amended by            Regulation is incorporated in the Common Customs
Regulation (EEC) No 1927/86 (2), specifies the free-at­          Tariff ;
Spanish-frontier values of certain cheeses imported from
and originating in Switzerland.
                                                                 Whereas Article 8 of Regulation (EEC) No 1073/68
                                                                 provides that the levies are fixed every fortnight ; whereas
Whereas, however, no account should be taken of infor­           they may be altered in the intervening period if neces­
mation relating to small quantities which are not repre­         sary ; whereas the levy remains valid until another
sentative of trade in the products in question and quanti­       becomes applicable ;
ties in respect of which price trends in general or other
information available to it lead the Commission to believe
that the price in question is unrepresentative 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 are          — in the case of currencies which are maintained in rela­
not quoted free-at-Community-frontier or where they do                tion to each other at any given moment within a band
not apply to products of good marketable quality ;                    of 2,25 % , a rate of exchange based on their central
whereas the adjustment in respect of an assimilated                   rate, multiplied by the coefficient provided for in the
product the levy on which is equal to the levy on its pilot           last subparagraph of Article 3 (1 ) of Council Regula­
product must be effected in such a way as to allow, in                tion (EEC) No 1676/85 (3), as amended by Regulation
particular, for differences in composition, maturity,                 (EEC) No 1 636/87 (4),
(') OJ No L 74, 19. 3. 1986, p. 20.                              (3) OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 167, 24. 6. 1986, p. 11 .                              (<) OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak--- No L 293/30                           Official Journal of the European Communities                              16. 10. 87
— 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 rela­                              Article 1
    tion to the Community currencies referred to in the
    previous indent and the aforesaid coefficient ;             The import levies referred to in Article 14(1 ) of Regula­
                                                                tion (EEC) No 804/68 shall be as set out in the Annex
Whereas it follows from applying these provisions that          hereto.
the levies on milk and milk products should be as set out
in the Annex hereto ;
                                                                                        Article 2
Whereas Commission Regulation (EEC) No 1826/87 (')              This Regulation shall enter into force on the day of its
provisionally fixed the import levies on products               publication in the Official Journal of the European
processed from milk and milk products as from 1 July             Communities.
1987 ; whereas they should be adjusted to take account of
the decisions taken in respect of prices by the Council,        It shall apply with effect from 16 October 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 15 October 1987.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                             Vice-President
(') OJ No L 173, 30. 6. 1987, p. 7.
 ---pagebreak--- 16. 10 . 87                       Official Journal of the European Communities                                 No L 293/31
                                                      ANNEX
            to the Commission Regulation of 15 October 1987 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                         31,32
            04.01 A I b)                                          0120                         28,91
            04.01 A II a) 1                                       0130                         28,91
            04.01 A II a) 2                                       0140                         35,79
            04.01 A II b) 1                                       0150                         27,70
            04.01 A II b) 2                                       0160                         34,58
            04.01 B I                                             0200                         75,18
            04.01 B II                                            0300                        159,03
            04.01 B III                                           0400                        245,77
            04.02 A I                                             0500                         32,43
            04.02 A II a) 1                                       0620                        140,92
            04.02 A II a) 2                                       0720                        216,17
            04.02 A II a) 3                                       0820                        218,59
            04.02 A II a) 4                                       0920                        258,35
            04.02 A II b) 1                                       1020                        133,67
            04.02 A II b) 2                                       1120                        208,92
            04.02 A II b) 3                                       1220                        211,34
            04.02 A II b) 4                                       1320                        251,10
            04.02 A III a) 1                                      1420                         30,88
            04.02 A III a) 2                                      1520                         41,69
            04.02 A III b) 1                                      1620                        159,03
            04.02 A III b) 2                                      1720                        245,77
            04.02 B I a)                                          1820                         36,27
            04.02 B I b) 1 aa)                                    2220            per kg         1,3367 (4)
            04.02 B I b) 1 bb)                                    2320            per kg         2,0892 (4)
            04.02 B I b) 1 cc)                                    2420            per kg         2,511 (4)
            04.02 B I b) 2 aa)                                    2520            per kg         1,3367 0
            04.02 B I b) 2 bb)                                    2620            per kg         2,0892 0
            04.02 B I b) 2 cc)                                    2720            per kg         2,51 1 0
            04.02 B II a)                                         2820                         53,76
            04.02 B II b) 1                                       2910            per kg         1,5903 0
            04.02 B II b) 2                                       3010            per kg .       2,4577 0
            04.03 A                                               3110                        289,14
            04.03 B                                               3210                        352.75
            04.04 A                                               3300                        265,98 0
            04.04 B                                               3900                        382,02 0
            04.04 C                                               4000                        157,44 0
            04.04 D I a)                                          4410                        210.76 0
            04.04 D I b)                                          4510                        219,64 ( 9 )
            04.04 D II                                            4610                        316,36
            04.04 E I a)                                          4710
                                                                                         1    382,02
            04.04 E I b) 1                                        4800                        247,76 (10)
 ---pagebreak--- No L 293/32                   Official Journal of the European Communities                                 16 . 10 . 87
                                                       (ECU/100 kg net weight, unless otherwise indicated)
                           CCT heading No                     Code                  Import levy
            04.04 E I b) 2                                    5000                        230,26 (")
            04.04 E I c) 1                                    5210                        172,70
            04.04 E I c) 2                                    5250                        326,98
            04.04 E II a)                                     5310                        382,02
            04.04 E II b)                                     5410                        326,98
            17.02 A II                                        5500                         42,54 (12)
            21.07 F I                                         5600                         42,54
            23.07 B I a) 3                                    5700                        102,67
            23.07 B I a) 4                                    5800                    .   133,42
            23.07 B I b) 3                                    5900                        125,43
            23.07 B I c) 3                                    6000                        104,45
            23.07 B II                                        6100                        133,42
 ---pagebreak--- 16. 10 . 87                                         Official Journal of the European Communities                                              No L 293/33
 (') For the purposes of {his 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.
 (*) 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) 26,31 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) 26,31 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 Finland and for products listed under, (d) of that Annex imported from Austria,
      — 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.
  Q 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 60 ECU per 100 kg net weight for products listed under (p) of Annex I to Regulation (EEC) No 1767/82 imported from Austria.
  0 The levy is limited to 36,27 ECU per 100 kg net weight for products listed under (h) of Annex I to Regulation (EEC) No 1767/82 imported from Switzer­
       land and for products listed under (i) of that Annex imported from Finland and for products listed under (k) of that Annex imported from Austria.
(10) The levy per 100 kg net weight is limited to :
      — 12,09 ECU for products listed under (e) of Annex I to Regulation (EEC) No 1767/82 imported from Canada,
      — 15,00 ECU for products listed under (f) and (g) 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 (1) of Annex I to Regulation (EEC) No 1767/82 imported from Romania or Switzerland,
      — 60 ECU for products listed under (p) of that Annex imported from Austria and for products listed under (s) of that Annex imported from Finland,
      — 101,88 ECU per 100 kg net weight for products listed under (m) of that Annex imported from Romania or Switzerland,
      — 65,61 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey or Yugoslavia
           and for products listed under (o) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey, Cyprus or Yugoslavia,
      — 55 ECU per 100 kg net weight 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,
       — 15,00 ECU for products listed under (g) 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 appli­
       cable to lactose and lactose syrup falling within subheading 17.02 A II.
(13) For the purposes of tariff subheading ex 23.07 B 'milk products' means the products falling within tariff headings and subheadings 04.01 , 04.02, 04.03,
       04.04, 17.02 A and 21.07 F I.