31978R1017

20 . 5 . 78 No L 132 / 13 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1017 / 78 of 19 May 1978 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN No 823/ 68 , calculated by multiplying the basic COMMUNITIES , amount by the quantity of milk powder contained in the product ; whereas the same applies to products Having regard to the Treaty establishing the European falling within subheading 04.02 B II b) as regards the Economic Community, component of the levy fixed by means of a coefficient 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 ('), as last amended by Regulation ( EEC) No 2560/77 (2 ), and in Whereas the basic amount must be equal to one particular Article 14(8 ) thereof, hundredth part of the levy set out for each product in the second subparagraph of Article 9(1 ) and the Having regard to the opinion of the Monetary 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 exported from third countries, for whereas these products may be divided into groups ; which it is found on importation into the Community whereas the product groups and the pilot groups and that the ruling price is not less than 150 units of the pilot product for each of these groups are set out account per 100 kg in respect of the products falling in Annex I to Council Regulation ( EEC) No 823/68 of within subheading 04.04 E I b) 2, or not less than 130 28 June 1968 determining the groups of products and units of account per 100 kg in respect of the products the special provisions for calculating levies on milk falling within subheading 04.04 E I b) 3 , or not less and milk products (3), as last amended by Regulation than 115 units of account for products falling within ( EEC) No 1000 / 78 (4 ) ; subheading 04.04 E I b) 4, the levy per 100 kg is Whereas the levy on the products in any one group defined in Article 8 of Regulation ( EEC) No 823 /68 ; must be equal to the threshold price for the pilot product less the free-at-frontier price ; whereas these Whereas, for as long as it is found that on importation threshold prices were fixed for the 1978 /79 milk year into the Community the price of an assimilated by Council Regulation ( EEC) No 999/78 of 12 May product for which the levy is not equal to the levy on 1978 (5 ) ; its pilot product is considerably lower than the price which would obtain if the ratio to the price of the Whereas, however, Regulation ( EEC) No 823/ 68 lays pilot product were normal , the levy must be equal to down special provisions for calculating the levy on the sum of two components : 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 — one component equal to the amount resulting that Regulation respectively ; whereas this method from the provisions of Articles 2 to 7 of Regula­ consists in adding together the various components tion (EEC) No 823/ 68 applicable to the assimi­ defined in those Articles ; lated product in question ;

Whereas Commission Regulation ( EEC) No 1073/68 — an additional component fixed at a level which , of 24 July 1968 laying down detailed rules for deter­ the composition and quality of the assimilated mining free-a-frontier prices and for fixing levies in product being taken into account, makes it respect of milk and milk products (6), provides that possible to re-establish normal price ratios for the component of the levy fixed by means of a coeffi­ imports into the Community ; cient expressing the weight ratio between the milk powder contained in the product and the product Whereas Article 14(3 ) of Regulation ( EEC) No 804/68 itself is , for the products falling within subheading provides that the levy on products in respect of which 04.02 B I b) listed in Annex II to Regulation (EEC) the customs duty has been bound within GATT must be limited to the amount resulting from that binding ; (») OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 303 , 28 . 11 . 1977, p. 1 . (3 ) OJ No L 151 , 30 . 6 . 1968 , p. 3 . Whereas Regulation (EEC) No 1073/68 provides that (4 ) OJ No L 130 , 18 . 5 . 1978 , p. 7 . (5 ) OJ No L 130 , 18 . 5 . 1978 , p. 6 . a free-at-frontier price must be established for each of (6) OJ No L 180 . 26 . 7 . 1968 , p. 25 . the pilot products defined in Annex I to Regulation

No L 132/ 14 20 . 5 . 78 Official Journal of the European Communities

(EEC) No 823 /68 ; whereas these prices must be deter­ Whereas, in exceptional circumstances, a free-atmined for products of good marketable quality ; frontier price may remain unchanged for a limited period where the new level of the price for a given quality or a specific origin , used as a basis for estab­ lishing the previous free-at-frontier price, has not reached the Commission to enable it to establish the Whereas the free-at-frontier prices must be estab­ 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 freelisted in Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/ 68 other than assimilated products for at-frontier price because they are not sufficiently repre­ sentative of real market trends ; which the levy is not equal to the levy on the related pilot products ; whereas, when recording these purchasing opportunities, the Commission must take Whereas, in accordance with Article 19 (1 ) of Regula­ account of all information obtained direct or through tion (EEC) No 804/ 68 , the nomenclature provided for the Member States concerning prices for delivery of in this Regulation is incorporated in the Common third-country products free-at-Community frontier Customs Tariff ; and prices on third-country markets ;

Whereas Article 8 of Regulation (EEC) No 1073/68 provides that the levies are fixed every fortnight ; whereas they may be altered in the intervening period Whereas , however, no account should be taken of if necessary ; whereas the levy remains valid until information relating to small quantities which are not another becomes applicable ; representative of trade in the product in question and quantities in respect of which price trends in general or other information available to it lead the Commis­ Whereas, if the levy system is to operate normally, sion to believe that the price in question is unrepre­ refunds should be calculated on the following basis : sentative of the real trend of the market ; — in the case of currencies which are maintained in relation to each other, at any given moment, within a band of 2-25 % , at rate of exchange based on their effective parity ; Whereas the prices used must be adjusted where they are not quoted free-at-Community-frontier or where — for other currencies, an exchange rate based on the they do not apply to products of good marketable arithmetic mean of the spot market rates of each quality ; whereas the ajustment in respect of an assimi­ of these currencies recorded for a given period, in lated product the levy on which is equal to the levy relation to the Community currencies referred to on its pilot product must be effected in such a way as in the previous subparagraph ; to allow, in particular, for differences in composition , maturity, quality and presentation between the assimi­ Whereas it follows from applying all these provisions lated product and the related pilot product ; whereas that the levies on milk and milk products must be adjustments relating to composition must be calcu­ fixed as shown in the Annex to this Regulation , lated by multiplying the difference between the milk component content of the pilot product and that of the assimilated product in question by the value attri­ buted in international trade to one unit of weight of the milk component in question ; whereas the differ­ HAS ADOPTED THIS REGULATION : ence between the value attributed on the Community market to each of the relevant characteristics of the pilot product and the value attributed on that market to the corresponding characteristics of the assimilated Article 1 product in question must be taken into account when the other adjustments are being effected ; The levies referred to in Article 14 (1 ) of Regulation (EEC) No 804/68 are hereby fixed as shown in the Annex to this Regulation . Whereas, if no information on prices is available, the free-at-frontier price may, by way of exception , be established on the basis of the value of the raw mate­ Article 2 rials contained in the pilot product in question (calcu­ lated on the basis of the prices of milk products for which prices are available), average processing costs This Regulation shall enter into force on 22 May and average yields ; 1978 .

20 . 5 . 78 No L 132/ 15 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 May 1978 . For the Commission

Finn GUNDELACH Vice-President

No L 132/ 16 Official Journal of the European Communities 20. 5 . 78

ANNEX

to the Commission Regulation of 19 May 1978 fixing the import levies on milk and milk products

(u.a. /100 kg net weight, unless otherwise indicated)

CCT heading No Code Import levy

04.01 A I a) 0110 21.67 04.01 A I b) 0120 19.67 04.01 A II a) 1 0130 19.67 04.01 A II a) 2 0140 24.22 04.01 A II b) 1 0150 18.67 04.01 A II b ) 2 0160 23-22 04.01 B I 0200 49.62 04.01 B II 0300 104.97 04.01 B III 0400 166.22 04.02 A I 0500 15.30 04.02 A II a ) 1 0620 94.09 04.02 A II a) 2 0720 125.88 04.02 A II a) 3 0820 127.88 04.02 A II a) 4 0920 138-63 04.02 A II b) 1 1020 88-09 04.02 A II b) 2 1120 119-88 04.02 A II b) 3 1220 121.88 04.02 A II b) 4 1320 132.63 04.02 A III a) 1 1420 21-51 04.02 A III a) 2 1520 29-04 04.02 A III b) 1 1620 104.97 04.02 A III b) 2 1720 166.22 04.02 B I a) 1820 30.00 04.02 B I b) 1 aa) 2220 per kg 0.8809 (9) 04.02 B I b ) 1 bb) 2320 per kg ,1-1988 (9 ) 04.02 B I b) 1 cc) 2420 per kg 1-3263 (9) 04.02 B I b) 2 aa) 2520 per kg 0.8809 ( 10) 04.02 B I b) 2 bb) 2620 per kg 1.1988 ( 10) 04.02 B I b) 2 cc) 2720 per kg 1.3263 ( 10) 04.02 B II a) 2820 34.18 04.02 B II b) 1 2910 per kg 1.0497 ( 10) 04.02 B II b) 2 3010 per kg 1.6622 ( 10) 04.03 A 3110 190-85 04.03 B 3210 232.84 04.04 A I a) 1 3321 ,15.00 04.04 A I a) 2 3420 130-26 (") 04.04 A I b ) 1 aa) 3521 15.00 04.04 A I b) 1 bb) 3619 130.26 (») 04.04 A I b ) 2 3719 130.26 (") 04.04 A II 3800 130.26 04.04 B 3900 165.10 ( 12) 04.04 C 4000 131.07 «4.04 D I 4120 30.00 •04.04 D II a) 1 4410 121.54 04.04 D II a) 2 4510 132-30 04.04 D II b) 4610 212.30 04.04 E I a) 4710 165.10 04.04 E I b) 1 aa) 4834 15.00 04.04 E I b) 1 bb) 4850 170.64

20. 5 . 78 No L 132/ 17 Official Journal of the European Communities

CCT heading No Code Import levy

4922 127.50 ( 13 ) 04.04 E I b ) 2 aa) 5022 127.50 ( 14) 04.04 E I b ) 2 bb ) 5030 127.50 (15) 04.04 E I b ) 3 5060 127.50 ( 15 ) 04.04 E I b ) 4 5120 127.50 04.04 E I b) 5 5210 95.63 04.04 E I c) 1 5250 207.50 04.04 E I c) 2 5310 165.10 04.04 E II a) 04.04 E II b ) 5410 207.50 5500 18-95 17.02 A II ( 16) 21.07 F I 5600 18.95 23.07 B I a) 3 5700 68.07 5800 88.33 23.07 B I a) 4 23.07 B I b) 3 5900 82-44 23.07 B I c) 3 6000 67-27 23.07 B II 6100 88.33

For notes i1 } to (8), see notes (') to (8) of Council Regulation (EEC) No 823/68 (OJ No L 151 , 30. 6. 1968). (*) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components : a ) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product ; b) 6 u.a . ; and c) 13.76 u.a . (") The levy on 100 kg of product falling within this subheading is equal to the sum of the following components : a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product ; and b) 13.76 u.a . (11) The levy is limited to 7.50 u.a . per 100 kg net weight. (12) The levy is limited to 6% of the value for customs purposes. ( 13) The levy is limited to 53.16 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland (Regulation (EEC) No 1054/68 as amended). C 4) The levy is limited to 73.16 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland (Regulation (EEC) No 1054/68 as amended). ( 15) The levy is limited to 73.16 (u.a . \per 100 kg net weight for imports from Bulgaria , (Hungary , Romania and Turkey ( Regulation (EEC) No 1054/68 as amended). (16) Lactose and lactose syrup falling within subheading 17.02 A I are , in pursuance of Regulation (EEC) No 2730/75 , subject to the same levy as that applicable to lactose and lactose syrup falling within subheading 17.02 A II .

NB : For the purposes of heading No 04.04, the exchange rate to be applied in converting into national currencies the unit of account referred to in the subdivisions of this heading shall, notwithstanding general rule C 3 contained in Part I, Section I of the Common Customs Tariff be the representative rate, if such a rate is fixed pursuant to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy ( OJ No 106, 30. 10. 1962, p. 2553/62).