31979R3006

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 (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, for products of Group No 11 , whereas these products may be divided into groups ; originating in and coming from third countries, for whereas the product groups and the pilot groups and which it is found on importation into the Community the pilot product for each of these groups are set out that the ruling price is not -less than 181.34 ECU per in Annex I to Council Regulation (EEC) No 2915/79 100 kilograms for products * falling within subheading of 18 December 1979 determining the groups of 04.04 E I b) 2, or not less than 193.43 ECU per 100 products and the special provisions for calculating kilograms for products falling within subheading levies on milk and milk products and amending Regu­ 04.04 E I b) 3, or not less than 175.30 ECU for lation (EEC) No 950/68 on the Common Customs products falling within subheading 04.04 E I b) 4, the Tariff (3) ; levy per 100 kilograms is defined in Article 11 of Regulation (EEC) No 2915/79 ; Whereas the levy on the products in any one group must be equal to the threshold price for the pilot product less the free-at-frontier price ; whereas these Whereas, within the tariff quotas referred to in Article threshold prices were fixed for the 1979/80 milk year 9 (2) of Regulation (EEC) No 2915/79, the levy on 100 by Council Regulation (EEC) No 1268/79 of 25 June kilograms of a product of Group 10 or 11 and falling 1979 (4); 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 into the Community the price of an assimilated that Regulation respectively ; whereas this method 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 . product being taken into account, makes it (3) OJ No L 329, 24. 12. 1979, p. 1 . (") 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 ;

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 Whereas it follows from applying these provisions to allow, in particular, for differences in composition, 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 lation (EEC) No 804/68 shall be as set out in the pilot product and the value attributed on that market 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 .

29 . 12. 79 No L 337/ 55 Official Journal of the European Communities

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

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 1820 36.27 04.02 B I a) 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)

29 . 12. 79 No L 337/57 Official Journal of the European Communities

(ECU/100 kg net weight, unless otherwise indicated)

CCT heading No ' Code Import levy

4922 149.02 ( 15) 04.04 E I b) 2 aa) 04.04 E I b) 2 bb) 5022 149-02 ( 16) 5030 149.02 ( 17) 04.04 E I b) 3 04.04 E I b) 4 5060 149.02 (") 04.04 E I b) 5 5120 149-02 (19) 5210 111.77 04.04 E I c) 1 5250 245.74 04.04 E I c) 2 5310 179.12 04.04 E II a) 5410 245-74 04.04 E II b) 5500 27.54 17.02 A II ( 18) 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).