CELEX: 31979R3006
Language: en
Date: 1979-12-29 00:00:00
Title: Commission Regulation (EEC) No 3006/79 of 27 December 1979 fixing the import levies on milk and milk products

29 . 12. 79                                Official Journal of the European Communities                         No L 337/53
                                      COMMISSION REGULATION (EEC) No 3006/79
                                                        of 27 December 1979
                                    fixing the import levies on milk and milk products'
THE COMMISSION OF THE EUROPEAN                                        04.02 Bib) listed in Annex II to Regulation (EEC)
COMMUNITIES,                                                          No 2915/79, calculated by multiplying the basic
                                                                     amount by the quantity of milk powder contained in
 Having regard to the Treaty establishing the European               the product ; whereas the same applies to products
 Economic Community,                                                  falling within subheading 04.02 B II b) as regards the
                                                                     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 (1), as last
amended by Regulation (EEC) No 1761 /78 (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
 Having regard to the opinion of the Monetary                        the second subparagraph of Article 9 (1) and the
Committee,
                                                                     second subparagraph of Article 9 (2-)- of Regulation
Whereas Article , 14 of Regulation (EEC) No 804/68                   (EEC) No 1073/68 ;                     ;
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, for products of Group No 11 ,
whereas the product groups and the pilot groups and                  originating in and coming from third countries, for
the pilot product for each of these groups are set out               which it is found on importation into the Community
 in Annex I to Council Regulation (EEC) No 2915/79                   that the ruling price is not -less than 181.34 ECU per
 of 18 December 1979 determining the groups of                        100 kilograms for products * falling within subheading
 products and the special provisions for calculating                 04.04 E I b) 2, or not less than 193.43 ECU per 100
 levies on milk and milk products and amending Regu­                  kilograms for products falling within subheading
                                                                     04.04 E I b) 3, or not less than 175.30 ECU for
lation (EEC) No 950/68 on the Common Customs
Tariff (3) ;                                                         products falling within subheading 04.04 E I b) 4, the
                                                                     levy per 100 kilograms is defined in Article 11 of
Whereas the levy on the products in any one group                    Regulation (EEC) No 2915/79 ;
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, within the tariff quotas referred to in Article
by Council Regulation (EEC) No 1268/79 of 25 June                    9 (2) of Regulation (EEC) No 2915/79, the levy on 100
 1979 (4);                                                           kilograms of a product of Group 10 or 11 and falling
                                                                     within subheadings 04.04 E I b) 1 (aa), 04.04 E I b) 1
Whereas, however, Regulation (EEC) No 2915/79 lays                   (bb), 04.04 E I b) 1 (cc) and 04.04 E I b) 5 (aa) shall be
down special provisions for calculating the levy on                  equal to 12.09 ECU ;
certain assimilated products ; whereas these products
are listed and the method of calculating the levy on
them described in Annex II and in Articles 2 to 7 of                 Whereas, for as long as it is found that on importation
that Regulation respectively ; whereas this method                   into the Community the price of an assimilated
consists in adding together the various components                   product for which the levy is not equal to the levy on
defined in those Articles ;                                          its pilot product is considerably lower than the price
                                                                     which would obtain if the ratio to the price of the
Whereas Commission Regulation (EEC) No 1073/68                       pilot product were normal, the levy must be equal to
of 24 July 1968 laying down detailed rules for deter­                the sum of two components :
mining free-at-frontier prices and for fixing levies in
respect of milk and milk products (5), provides that                 — one component equal to the amount resulting
the component of the levy fixed by means of a coeffi­                      from the provisions of Articles 2 to 7 of Regula­
cient expressing the weight ratio between the milk                         tion (EEC) No 2915/79 applicable to the assimi­
powder contained in the product and the product                            lated product in question ;
itself is, for the products falling within subheading
                                                                     — an additional component fixed at a level which,
(!) OJ  No   L 148,  28 . 6. 1968, p. 13 .                                the composition and quality of the assimilated
(2) OJ  No   L 204,  28 . 7. 1978 , p. 6 .
(3) OJ  No   L 329,  24.  12. 1979, p. 1 .                                product being taken into account, makes it
(") OJ  No   L 161 , 29.  6. 1979, p. 7.                                  possible to re-establish normal price ratios for
(5) OJ  No   L 180,  26.  7. 1968 , p. 25.                                imports into the Community ;
 ---pagebreak--- No L 337/54                         Official Journal of the European Communities                             29 . 12. 79
Whereas Article 14(3) of Regulation (EEC) No 804/68           rials contained in the pilot product in question (calcu­
provides that the levy on products in respect of which        lated on the basis of the prices of milk products for
the customs duty has been bound within GATT must              which prices are available), average processing costs
be limited to the amount resulting from that binding ;        and average yields ;
                                                              Whereas, in exceptional circumstances, a free-at­
Whereas Regulation (EEC) No 1073/68 provides that             frontier price may remain unchanged for a limited
a free-at-frontier price must be established for each of      period where the new level of the price for a given
the pilot products defined in Annex I to Regulation           quality or a specific origin, used as a basis for estab­
(EEC) No 2915/79 ; whereas these prices must be               lishing the previous free-at-frontier price, has not
determined for products of good marketable quality ;          reached the Commission to enable it to establish the
                                                              next free-at-frontier price and if the Commission
                                                              considers that the prices which are available could
Whereas the free-at-frontier prices must be estab­            lead to sudden and considerable changes in the free
lished on the basis of the most favourable purchasing         at-frontier price because they are not sufficiently repre­
opportunities in international trade for the products         sentative of real market trends ;
listed in Article 1 (a) 2 and (b) to (g) of Regulation
(EEC) No 804/68 other than assimilated products for           Whereas, in accordance with Article 19(1 ) of Regula­
which the levy is not equal to the levy on the related        tion (EEC) No 804/68, the nomenclature provided for
pilot products ; whereas, when recording these                in this Regulation is incorporated in the Common
purchasing opportunities, the Commission must take            Customs Tariff ;
account of all information obtained direct or through
the Member States concerning prices for delivery of           Whereas Article 8 of Regulation (EEC) No 1073/68
third-country products free-at-Community-frontier             provides that the levies are fixed every fortnight ;
and prices on third-country markets ;                         whereas they may be altered in the intervening period
                                                              if necessary ; whereas the levy remains valid until
                                                              another becomes applicable ;
Whereas, however, no account should be taken of
information relating to small quantities which are not        Whereas, if the levy system is to operate normally,
representative of trade in the product in question and        refunds should be calculated on the following basis :
quantities in respect of which price trends in general
or other information available to it lead the Commis­         — in the case of currencies which are maintained in
sion to believe that the price in question is unrepre­             relation to each other at any given moment within
sentative of the real trend of the market ;                        a band of 2.25 % , a rate of exchange based on
                                                                   their effective parity ;
                                                              — for other currencies, an exchange rate based on the
Whereas the prices used must be adjusted where they                arithmetic mean of the spot market rates of each
are not quoted free-at-Community-frontier or where                 of these currencies recorded for a given period in
they do not apply to products of good marketable                   relation to the Community currencies referred to
quality ; whereas the ajustment in respect of an assimi­           in the previous indent ;
lated product the levy on which is equal to the levy
on its pilot product must be effected in such a way as
to allow, in particular, for differences in composition,      Whereas it follows from applying these provisions
                                                              that the levies on milk and milk products should be
maturity, quality and presentation between the assimi­        as set out in the Annex hereto,
lated product and the related pilot product ; whereas
adjustments relating to composition must be calcu­
lated by multiplying the difference between the milk
component content of the pilot product and that of            HAS ADOPTED THIS REGULATION :
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, when the                                      Article 1
other adjustments are being effected, the difference
between the value attributed on the Community
market to each of the relevant characteristics of the         The import levies referred to in Article 14(1 ) of Regu­
pilot product and the value attributed on that market         lation (EEC) No 804/68 shall be as set out in the
                                                              Annex hereto.
to the corresponding characteristics of the assimilated
product in question must be taken into account ;
                                                                                        Article 2
Whereas, if no information on prices is available, the
free-at-frontier price may, by way of exception, be           This Regulation shall enter into force on 1 January
established on the basis of the value of the raw mate         1980.
 ---pagebreak--- 29 . 12. 79                     Official Journal of the European Communities                      No L 337/ 55
            This. Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 December 1979.
                                                                    For the Commission
                                                                     Finn GUNDELACH
                                                                         Vice-President
 ---pagebreak--- No L 337/56                               Official journal of the European Communities                                     29 . 12 . 79
                                                              ANNEX
            to the Commission Regulation of 27 December 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                            25.47
             04.01  A I b)                                                0120                             23.06
             04.01  A II a) 1                                             0130                             23.06
             04.01  A II a) 2                                            0140                              28.78
             04.01  A II b ) 1                                           0150                              21 -'85
             04.01  A II b) 2                                             0160                             27.57
             04.01 B I                                                   0200                             62.52
             04.01 B II                                                   0300                           132.26
             04.01 B III                                                  0400                           204.41
             04.02 A I                                                    0500                             14.86
             04.02  A II  a)   1                                         0620                              99.84
             04.02  A  II a)   2                                         0720                            159.81
             04.02  A  II a)   3                                         0820                            l'62.23"
             04.02  A  II a)   4                                         0920                            173'- 13 ,
             04.02  A II  b)   1                                          1020                             92.59
             04.02  A II  b)   2                                          1120                           152.56
             04.02  A II  b)   3                                          1220                           154.98
             04.02  A II  b)   4                                          1320                           165.88
             04.02  A III a)     1                                        1420                             23.89
             04.02  A III a)     2                                        1520                             32.25
             04.02  A III b)     1                                        1620                           132.26
             04.02  A III b)     2                                        1720                           204.41
             04.02  B I a)                                                1820                             36.27
             04.02 B  I  b)  1   aa)                                      2220             per   kg         0J9259 (»)
             04.02 B  I  b)  1   bb)                                      2320             per   kg         1.5256 (»)
             04.02 B  I  b)  1   cc)                                      2420             per   kg          1 6588 ( u)
             04.02 B  I  b) 2    aa )                                     2520             per   kg         0.9259 (12)
             04.02 B  I  b) 2    bb)                                      2620             per   kg         .1.5256 ( 12)
             04.02 B  I  b) 2    cc)                                      2720             per   kg          1.6588 (12)
             04.02 B II a)                                               2820                              39.10
             04.02 B II b) 1                                             2910              per kg            1.3226 ( 12)
             04.02 B II b ) 2                                             3010             per kg           2.0441 ( 12)
             04.03 A                                                      3110                           240.48'
             04.03 B                                                      3210                           293.39
             04.04  A I a)   1                                           3321                              18-13
             04.04  A I a)   2                                           3420                            175.24 (13)
            04.04   A I b)   1 aa )                                      3521                              18.13'
             04.04  A I b)   1 bb )                                      3619                            175.24 ( 13)
             04.04  A I b)   2                                           3719                            175.24 (13)
            04.04 A II                                                   3800                            175.24
            04.04 B                                                      3900                            179.12 ( 14)
            04.04 C                                                      4000                            158.46
            04 .04 D I                                                   4120                             36.27
            •04 .04 D II a) 1                                            4410                            143.33
            04 .04 D II a) 2                                             4510                            159.22
            04.04 D II b)                                                4610                            255.94
            04.04 E I a)                                                 4710                            179-12
           04.04 E I b ) 1                                               4835                            191.38 ( 1B)
 ---pagebreak--- 29 . 12. 79                               Official Journal of the European Communities                                               No L 337/57
                                                                                 (ECU/100 kg net weight, unless otherwise indicated)
                                     CCT heading No                          '       Code                    Import levy
            04.04 E I b) 2 aa)                                                      4922                           149.02 ( 15)
            04.04 E I b) 2 bb)                                                      5022                           149-02 ( 16)
            04.04 E I b) 3                                                          5030                           149.02 ( 17)
            04.04 E I b) 4                                                          5060                           149.02 (")
            04.04 E I b) 5                                                          5120                           149-02 (19)
            04.04 E I c) 1                                                          5210                           111.77
            04.04 E I c) 2                                                          5250                           245.74
            04.04 E II a)                                                           5310                           179.12
            04.04 E II b)                                                           5410                           245-74
            17.02 A II ( 18)                                                        5500                            27.54
            21.07 F I                                                               5600                            27.54
            23.07 B I a) 3                                                          5700                            71.86
            23.07 B I a) 4                                                          5800                            93.16
            23.07 B I b) 3                                                          5900                            87.191
            23.07 B I c) 3                                                          6000                            71.73'
            23.07 B II                                                              6100                            93.16
            For notes (') to (10), see notes (') to (10) of Council Regulation (EEC) No 2915/79 ( OJ No L 329, 24. 12. 1979).
            (") 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) 10.19 ECU .
            (1!) 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) 10-19 ECU.
            (13) The levy is limited to 9.07 ECU per 100 kg net weight.
            (") The levy is limited to 6 °/n of the value for customs purposes .
            (15) 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).
            (17) The levy is limited to 52.18 ECU per 100 kg net weight for imports from Bulgaria , Hungary, Romania
                  and Turkey (Regulation (EEC) No 1054/68 as amended).
            ( 18) 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.
            (") Within the tariff quotas referred to in Article 9 (2) of Regulation (EEC) No 2915/79 the levy on 100 kg
                  net weight shall be equal to 12.09 ECU.
            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 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 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).