31981R0921

6 . 4 . 81 Official Journal of the European Communities No L 93 / 1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION ( EEC) No 921 / 81 of 3 April 1981 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN are listed and the method of calculating the levy on COMMUNITIES , them described in Annex II and in Articles 2 to 7 of that Regulation respectively ; whereas this method Having regard to the Treaty establishing the European consists in adding together the various components Economic Community, defined in those Articles ;

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the Whereas Commission Regulation (EEC) No 1073/68 market in milk and milk products ('), as last amended of 24 July 1968 laying down detailed rules for deter­ by the Act of Accession of Greece (2), and in particular mining free-at-frontier prices and for fixing levies in Article 14(8) thereof, respect of milk and milk products (6), provides that the component of the levy fixed by means of a coefficient Having regard to the opinion of the Monetary expressing the weight ratio between the milk powder Committee, contained in the product and the product itself is, for the products falling within subheading 04.02 Bib) Whereas Article 14 of Regulation (EEC) No 804/68 listed in Annex II to Regulation (EEC) No 2915/79, provides for charging a levy on imports of the calculated by multiplying the basic amount by the products listed in Article 1 of that Regulation ; quantity of milk powder contained in the product ; whereas these products may be divided into groups ; whereas the same applies to products falling within whereas the product groups and the pilot groups and subheading 04.02 B II b) as regards the component of the pilot product for each of these groups are set out the levy fixed by means of a coefficient expressing the in Annex I to Council Regulation (EEC) No 2915/79 weight ratio between the milk components contained of 18 December 1979 determining the groups of in the product and the product itself ; products and the special provisions for calculating levies on milk and milk products and amending Regu­ Whereas the basic amount must be equal to one lation (EEC) No 950/68 on the Common Customs hundredth part of the levy set out for each product in Tariff ('), as last amended by Regulation (EEC) No the second subparagraph of Article 9(1 ) and the 853 / 81 (4); second subparagraph of Article 9 (2) of Regulation ( EEC) No 1073/68 ; 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, for products of Group No 11 , originating in threshold prices were fixed for the 1981 / 82 milk year and coming from third countries, for which it is found by Council Regulation (EEC) No 852/81 of 1 April on importation into the Community that the ruling 1981 0 ; price is not less than 201-34 ECU per 100 kilograms for products falling within subheading 04.04 E I b) 2, Whereas, however, Regulation (EEC) No 2915/79 lays or not less than 213 43 ECU per 100 kilograms for down special provisions for calculating the levy on products falling within subheading 04.04 E I b) 3, or certain assimilated products ; whereas these products not less than 195-30 ECU per 100 kilograms for products falling within subheading 04.04 E I b) 4, the (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . levy per 100 kilograms is defined in Article 11 of (2) OJ No L 291 , 19 . 11 . 1979 , p . 17 . Regulation ( EEC) No 2915/ 79 ; (') OJ No L 329 , 24 . 12 . 1979 , p . 1 . (4) OJ No L 90 , 4. 4. 1981 . fa OJ No L 90, 4. 4. 1981 . (6) OJ No L 180, 26 . 7. 1968 , p. 25.

No L 93/2 Official Journal of the European Communities 6 . 4. 81

Whereas, within the tariff quotas referred to in Article Whereas the prices used must be adjusted where they 9 (2) of Regulation (EEC) No 2915/79, the levy on 100 are not quoted free-at-Community-frontier or where kilograms of a product of Group 10 or 11 and falling they do not apply to products of good marketable within subheadings 04.04 E I b) 1 (aa), 04.04 E I b) 1 quality ; whereas the ajustment in respect of an assi­ (bb), 04.04 E I b) 1 (cc) and 04.04 E I b) 5 (aa) shall be milated product the levy on which is equal to the levy equal to 12 09 ECU ; on its pilot product must be effected in such a way as to allow, in particular, for differences in composition, maturity, quality and presentation between the assimi­ Whereas, for as long as it is found that on importation lated product and the related pilot product ; whereas into the Community the price of an assimilated adjustments relating to composition must be calcu­ product for which the levy is not equal to the levy on lated by multiplying the difference between the milk its pilot product is considerably lower than the price component content of the pilot product and that of which would obtain if the ratio to the price of the the assimilated product in question by the value attri­ pilot product were normal, the levy must be equal to buted in international trade to one unit of weight of the sum of two components : the milk component in question ; whereas, when the other adjustments are being effected, the difference between the value attributed on the Community — one component equal to the amount resulting market to each of the relevant characteristics of the from the provisions of Articles 2 to 7 of Regulation pilot product and the value attributed on that market (EEC) No 2915/79 applicable to the assimilated to the corresponding characteristics of the assimilated product in question, product in question must be taken into account ; — an additional component fixed at a level which, the composition and quality of the assimilated product being taken into account, makes it Whereas, if no information on prices is available, the possible to re-establish normal price ratios for free-at-frontier price may, by way of exception, be imports into the Community ; established on the basis of the value of the raw materials contained in the pilot product in question (calculated on the basis of the prices of milk products Whereas Article 14(3) of Regulation (EEC) No 804/68 for which prices are available), average processing costs provides that the levy on products in respect of which and average yields ; the customs duty has been bound within GATT must be limited to the amount resulting from that binding ;

Whereas, in exceptional circumstances, a free-at­ frontier price may remain unchanged for a limited Whereas Regulation (EEC) No 1073/68 provides that a free-at-frontier price must be established for each of period where the new level of the price for a given quality or a specific origin, used as a basis for estab­ the pilot products defined in Annex I to Regulation lishing the previous free-at-frontier price, has not (EEC) No 2915/79 ; whereas these prices must be reached the Commission to enable it to establish the determined for products of good marketable quality ; next free-at-frontier price and if the Commission considers that the prices which are available could lead Whereas the free-at-frontier prices must be established to sudden and considerable changes in the free-at­ on the basis of the most favourable purchasing oppor­ frontier price because they are not sufficiently rep­ resentative of real market trends ; tunities in international trade for the products listed in Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/68 other than assimilated products for which the levy is not equal to the levy on the related pilot Whereas, in accordance with Article 19(1 ) of Regula­ products ; whereas, when recording these purchasing tion (EEC) No 804/68, the nomenclature provided for opportunities, the Commission must take account of in this Regulation is incorporated in the Common all information obtained direct or through the Member Customs Tariff : States concerning prices for delivery of 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 products in question and quantities in respect of which price trends in general or other information available to it lead the Commis­ sion to believe that the price in question is unrepre­ Whereas, if the levy system is to operate normally, sentative of the real trend of the market ; refunds should be calculated on the following basis :

6 . 4 . 81 Official Journal of the European Communities No L 93 /3

— in the case of currencies which are maintained in HAS ADOPTED THIS REGULATION : relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Article 1 their effective parity, — for other currencies, an exchange rate based on the The import levies referred to in Article 14(1 ) of Regu­ arithmetic mean of the spot market rates of each of lation (EEC) No 804/68 shall be as set out in the these currencies recorded for a given period in Annex hereto . relation to the Community currencies referred to in the previous indent ; Article 2 Whereas it follows from applying these provisions that the levies on milk and milk products should be as set out in the Annex hereto, This Regulation shall enter into force on 6 April 1981 .

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

Done at Brussels, 3 April 1981 . For the Commission Poul DALSAGER Member of the Commission

No L 93/4 Official Journal of the European Communities 6 . 4. 81

ANNEX

to the Commission Regulation of 3 April 1981 fixing the import levies on milk and milk products

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

CCT heading Description Code Import levy No

04.01 Milk and cream, fresh, not concentrated or sweetened :

A. Of a fat content, by weight, not exceeding 6 % :

I. Yoghourt, kephir, curdled milk, whey, buttermilk and other fermented or acidified milk : a) In immediate packings of a net capacity of two litres or less 0110 21-88 b) Other 0120 Í 947

II . Other :

a) In immediate packings of a net capacity of two litres or less, and of a fat content, by weight : 1 . Not exceeding 4% 0130 19-47 2. Exceeding 4 % 0140 24-23

b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 18-26 2. Exceeding 4 % 0160 23-02

B. Other, of a fat content, by weight :

I. Exceeding 6 % but not exceeding 21 % 0200 52-05 II . Exceeding 21 % but not exceeding 45 % 0300 11010 III . Exceeding 45 % 0400 170-15

04.02 Milk and cream, preserved, concentrated or sweetened :

A. Not containing added sugar :

I. Whey 0500 16-99

II . Milk and cream, in powder or granules :

a) In immediate packings of a net capacity of 2-5 kg or less and of a fat content, by weight : 1 . Not exceeding 1-5 % 0620 80-50 2. Exceeding 1 -5 % but not exceeding 27 % 0720 142-01 3 . Exceeding 27 % but not exceeding 29 % 0820 144-43 4. Exceeding 29 % 0920 157-88

b) Other, of a fat content, by weight : 1 . Not exceeding 1-5% 1020 73-25 2. Exceeding 1 -5 % but not exceeding 27 % 1120 134-76 3 . Exceeding 27 % but not exceeding 29 % 1220 137-18 4. Exceeding 29 % 1320 150-63

6 . 4 . 81 Official Journal of the European Communities No L 93 / 5

CCT heading Description Code Import levy No

04.02 III . Milk and cream , other than in powder or granules : (cont 'd) a) In immediate packings of a net capacity of 2-5 kg or less and of a fat content, by weight, not exceeding 11 % : 1 . Of a fat content, by weight, not exceeding 8-9 % 1420 34-79 2 . Other 1520 46-97 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 110-10 2 . Exceeding 45 % 1720 170-15 B. Containing added sugar : I. Milk and cream , in powder or granules : a) Special milk for infants ('), in hermetically sealed containers of a net capacity of 500 g or less and of a fat content, by weight, exceeding 10 % but not exceeding 27 % (2) 1820 36-27 b) Other : 1 . In immediate packings of a net capacity of 2 5 kg or less and of a fat content, by weight : aa) Not exceeding 1 -5 % (') 2220 0-7325 (") per kg bb) Exceeding 1-5 % but not exceeding 27 % (') 2320 1 -3476 (") per kg cc) Exceeding 27 % (') 2420 1-5063 Π per kg 2 . Other, of a fat content, by weight : aa) Not exceeding I-5% (') 2520 0-7325 (- 2) per kg bb) Exceeding 1-5% but not exceeding 27 % ( l) 2620 1-3476 C 2) per kg cc) Exceeding 27 % (') 27 20 1 -50 63 C 2) per kg II . Milk and cream , other than in powder or granules : a) In immediate packings of a net capacity of 2-5 kg or less and of a fat content, by weight, not exceeding 9-5 % 2820 52-92 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % (') 2910 1-1010 C 2) per kg 2. Exceeding 45 % (') 3010 1-7015 C 2) per kg

04.03 Butter : A. Of a fat content, by weight, not exceeding 85 % 3110 200-18

B. Other 3210 244-22

04.04 Cheese and curd : A. Emmentaler, Gruyère, Sbrinz, Bergkäse , Appenzell , Vacherin fribourgeois and Tête de moine, not grated or powdered : I. Of a minimum fat content of 45 % by weight, in the dry matter, matured for at least two months in the case of Vacherin fribourgeois and at least three months in the case of the others (2) : a) Whole cheeses (4) of a free-at-frontier value (') per 100 kg net weight of : 1 . 312-76 ECU or more , but less than 336-94 ECU 3321 18-13 2 . 336-94 ECU or more 3420 191-12 ( ,3)

No L 93/6 Official Journal of the European Communities 6 . 4 . 81

CCT heading Description Code Import levy No

04.04 b) Pieces packed in vacuum or in inert gas : (cont'd) 1 . With rind on at least one side, of a net weight : aa) Of not less than 1 kg but less than 5 kg and of a free-at­ frontier value (*) of not less than 336-94 ECU but less than 361 1 2 ECU per 100 kg net weight 3521 18-13 bb) Not less than 1 kg and of a free-at-frontier value (") of not less than 361-12 ECU per 100 kg net weight 3619 191-12 H

2. Other, of a net weight less than 450 g and of a free-at-frontier value 0 of not less than 394-97 ECU per 100 kg net weight 3719 191-12 C 3)

II . Other 3800 191-12

B. Glaurus herb cheese (known as Schabziger), made from skimmed milk 3900 204-65 C 4) and mixed with finely-ground herbs (2)

C. Blue-veined cheese, not grated or powdered 4000 189-34

D. Processed cheese, not grated or powdered :

I. In the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain , as an addition, Claurus herb cheese (known as Schabziger), put up for retail sale Ç), of a free-at­ frontier value (5) of not less than 218Ό0 ECU per 100 kg net weight and of a fat content, by weight, in the dry matter, not exceeding 56 % (2) 4120 36-27

II . Other, of a fat content, by weight :

a) Not exceeding 36 % and of a fat content, by weight, in the dry matter : 1 . Not exceeding 48 % 4410 173-76 2. Exceeding 48 % 4510 173-88 b) Exceeding 36 % 4610 270-60

E. Other :

I. Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter :

a) Not exceeding 47 % 4710 204-65 b) Exceeding 47 % but not exceeding 72 % :

1 . Cheddar :

(aa) Cheddar cheeses, made from unpasteurized milk, of a minimum fat content of 50 % by weight, in the dry matter, matured for at least nine months (2) :

( 11 ) Whole cheeses (4) of a free-at-frontier value (5) of not less than 247-62 ECU per 100 kg net weight (8) 4840 213-42 (")

6 . 4 . 81 Official Journal of the European Communities No L 93 / 7

CCT heading Description Code Import levy No

04.04 (22) Other, of a net weight : (cont 'd) (aaa) Of not less than 500 g and of a free-at-frontier value of not less than 265-76 ECU per 100 kg net weight (8) 4850 213-42 (") (bbb) Of less than 500 g (6) and of a free-at-frontier value of not less than 277-85 ECU per 100 kg net weight (8) 4860 213-42 (")

(bb) Whole Cheddar cheeses (4) of a minimum fat content of 50 % by weight, in the dry matter, matured for at least three months and of a free-at-frontier value (5) of not less than 241-58 ECU per 100 kg net weight (2)(8) 4870 213-42 (") (cc) Cheddar for processing (*) of a free-at-frontier value ( 5) of not less than 217-40 ECU per 100 kg net weight (2)(8) 4880 213-42 (") (dd) Other 4890 213-42

2. Tilsit and Butterkäse, of a fat content, by weight, in the dry matter (2) :

aa) Not exceeding 48 % 4922 189-58 H bb) Exceeding 48 % 5022 189-58 H

3 . Kashkaval (2) 5030 189-58 C 7)

4. Cheese of sheep's milk or buffalo milk, in containers contain­ ing brine, or in sheepskin or goatskin bottles (2) 5060 189-58 H

5 . Other :

(aa) For processing f) of a free-at-frontier value ( s) of not less than 217-40 ECU per 100 kg net weight (2)(8) 5130 189-58 (") (bb) Other 5140 189-58

c) Exceeding 72 % :

1 . In immediate packings of a net capacity not exceeding 500 g 5210 142-19

2 . Other 5250 286-30

II . Other :

a) Grated or powdered 5310 204-65 b) Other 5410 286-30

17.02 Other sugars in solid form ; sugar syrups, not containing added flavouring or colouring matter ; artificial honey, whether or not mixed with natural honey ; caramel :

A. Lactose and lactose syrup :

II . Other (than those containing, in the dry state , 99 % or more by weight of the pure product) ( l8) 5500 36-59

21.07 F. Flavoured or coloured sugar syrups :

I. Lactose syrup 5600 36-59

No L 93 / 8 Official Journal of the European Communities 6 . 4 . 81

CCT heading Description Code Import levy No

23.07 Sweetened forage ; other preparations of a kind used in animal feeding : B. Other, containing starch, glucose or glucose syrup falling within sub­ headings 17.02 B and 21.07 F II , or milk products ( l0) : I. Containing starch or glucose or glucose syrup : a) Containing no starch or containing 10 % or less by weight of starch : 1 . ... 2. ... 3 . Containing not less than 50 % but not more than 75 % by weight of milk products 5700 57-36 4. Containing not less than 75 % by weight of milk products 5800 74-21 b) Containing more than 10 % but not more than 30 % by weight of starch : 1 . ... 2. ... 3 . Containing not less than 50 % by weight of milk products 5900 69-36 c) Exceeding 30 % : 1 . ... 2 . ... 3 . Containing 50 % or more by weight of milk products 6000 56-87 II. Containing no starch, glucose or glucose syrup, but containing milk products 6100 74-21

6 . 4. 81 Official Journal of the European Communities No L 93/9

(') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic and toxicogenic germs and containing per gram less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria. (2) 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) (a) 'Whole cheeses' means whole cheeses of the conventional flat cylindrical shape having the following net weights : — Emmentaler : not less than 60 kg but not more than 130 kg inclusive, — Gruyere and Sbrinz : not less than 20 kg but not more than 45 kg inclusive, — Bergkase : not less than 20 kg but not more than 60 kg inclusive, — Appenzell : not less than 6 kg but not more than 8 kg inclusive, — Vacherin fribourgeois : not less than 6 kg but not more than 1 0 kg inclusive, — Tete de moine : not less than 0-700 kg but not more than 4 kg inclusive. (b) 'Whole Cheddar cheeses' means : — whole cheeses of the conventional flat cylindrical shape of a net weight of not less than 33 kg but not more than 44 kg, — cheeses of the conventional flat cylindrical shape or cheeses in parallelepiped shape, of a net weight of 10 kg or more. (*) ' Free-at-frontier value' means : the free-at-frontier price or fob price in the country of exportation, plus a fixed amount to be determined in respect of the customs territory of the Community. (') This tariff subheading number shall be taken to apply only to goods, the packings of which bear at least the following particu­ lars : — the name of the cheese, — the fat content by weight referred to dry matter, — the packer responsible, — the country of origin of the cheese. Q For the purposes of this subheading, the expression 'put up for retail sale shall be taken to apply to cheese put up in imme­ diate packings of a net weight not exceeding 1 kg containing portions or slices of an individual net weight not exceeding 100 g. (8) The value limits are adjusted automatically in line with the factors determining the price of Cheddar in the Community. This adjustment consists of an increase or reduction equal to any increase or reduction in the threshold price for Cheddar in the Community by 100 kg net weight. (9) The relevant Community provisions are applied to ensure that it is used for that particular purpose. (10) For the purposes of tariff subheading ex 23.07 B 'milk products' means the products falling within tariff headings and sub­ headings 04.01 , 04.02, 04.03, 04.04, 17.02 A and 21.07 F I. (") 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) 042 ECU . (12) 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) 0-42 ECU. 0 3) The levy is limited to 9-07 ECU per 100 kg net weight. (14) The levy on 100 kg net weight is limited to 6 % of the value for customs purposes . (,s) The levy is limited to 75-33 ECU per 100 kg net weight for imports from Austria, Finland, Romania and Switzerland (Regula­ tion (EEC) No 1054/68 as amended). ( 16) The levy is limited to 99-51 ECU per 100 kg net weight for imports from Austria, Finland, Romania and Switzerland (Regula­ tion (EEC) No 1054/68 as amended). (17) The levy is limited to 63-24 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 1 7.02 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).