31979R1364

2 . 7 . 79 No L 163/25 Official Journal of the European Communities

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 its pilot product is considerably lower than the price Whereas, however, Regulation (EEC) No 823/68 lays which would obtain if the ratio to the price of the down special provisions for calculating the levy on pilot product were normal, the levy must be equal to certain assimilated products ; whereas these products 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 — 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-at-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 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. a free-at-frontier price must be established for each of (5) OJ No L 161 , 29. 6. 1979, p. 7. (*) OJ No L 180, 26. 7. 1968, p. 25. the pilot products defined in Annex I to Regulation

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 freelisted in Article 1 (a) 2 and (b) to (g) of Regulation at-frontier price because they are not sufficiently repre­ sentative of real market trends ; (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 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 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 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 The import levies referred to in Article 14 (1 ) of Regu­ free-at-frontier price may, by way of exception, be 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-atfrontier price may remain unchanged for a limited (!) OJ No L 84, 4. 4. 1979, p. 1 .

2. 7 . 79 No L 163/27 Official Journal of the European Communities

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

No L 163/ 28 2 . 7 . 79 Official Journal of the European Communities

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 0150 22.86 04.01 A II b) 1 0160 28-46 04.01 A II b) 2 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 0720 156.14 04.02 A II a) 2 04.02 A II a) 3 0820 158.56 0920 170.33 04.02 A II a) 4 1020 107.16 04.02 A II b) 1 1120 148.89 04.02 A II b) 2 1220 151-31 04.02 A II b) 3 04.02 A II b) 4 1320 163.08 04.02 A III a) 1 1420 23-40 1520 31.59 04.02 A III a) 2 1620 129.43 04.02 A III b) 1 1720 200-03 04.02 A III b) 2 1820 36.27 04.02 B I a) 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 (") 2620 per kg 1.4889 (10) 04.02 B I b) 2 bb) 2720 per kg 1.6308 (10) 04.02 B I b) 2 cc) 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

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 E I b) 2 aa) 4922 151.89 (») 04.04 E I b) 2 bb) 5022 151.89 (") 04.04 E l b) 3 5030 151.89 (») 04.04 E I 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).