31982R3546

No L 371 /32 Official Journal of the European Communities 30 . 12. 82

COMMISSION REGULATION (EEC) No 3546/82 of 29 December 1982 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN consists in adding together the various components COMMUNITIES, defined in those Articles :

Having regard to the Treaty establishing the European Whereas Commission Regulation (EEC) No 1073/68 Economic Community, of 24 July 1968 laying down detailed rules for deter­ mining free-at-frontier prices and for fixing levies in respect of milk and milk products f5), provides that the Having regard to Council Regulation (EEC) No 804/68 component of the levy fixed by means of a coefficient of 27 June 1968 on the common organization of the expressing the weight ratio between the milk powder market in milk and milk products ('), as last amended contained in the product and the product itself is, for by Regulation (EEC) No 11 83/82 (2), and in particular the products falling within subheading 04.02 B I b), Article 14(8) thereof, calculated by multiplying the basic amount by the quantity of milk powder contained in the product ; whereas the same applies to products falling within subheading 04.02 B II b) as regards the component of Having regard to the opinion of the Monetary Committee, the levy fixed by means of a coefficient expressing the weight ratio between the milk components contained in the product and the product itself ; 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 the basic amount must be equal to one whereas these products may be divided into groups ; hundredth part of the levy set out for each product in whereas the product groups and the pilot groups and the second subparagraph of Article 9 ( 1 ) and the the pilot product for each of these groups are set out second subparagraph of Article 9 (2) of Regulation in Annex I to Council Regulation (EEC) No 2915/79 (EEC) No 1073/68 ; of 18 December 1979 determining the groups of products and the special provisions for calculating levies on milk and milk products and amending Regu­ lation (EEC) No 950/68 on the Common Customs Whereas Annex II to Regulation (EEC) No 2915/79 Tariff (3), as last amended by Regulation (EEC) No listed certain products of Group 1 1 originating in and 3042/82 (4) ; consigned from certain non-member countries ; whereas the levy applicable to these products is set out in Annex I to Regulation (EEC) No 1 767/82 Q, as last amended by Regulation (EEC) No 3336/82 (8) ; 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 threshold prices were fixed for the 1982/83 milk year Whereas Commission Regulation (EEC) No 3700/81 by Council Regulation (EEC) No 1185/82 of 18 May of 23 December 1981 (9) laid down detailed interim 1982 f5) ; rules in respect of the cheese agreements with Austria and Finland ;

Whereas, however, Regulation (EEC) No 2915/79 lays down special provisions for calculating the levy on Whereas, within the tariff quotas referred to in Annex certain assimilated products ; whereas these products are listed and the method of calculating the levy on I to Regulation (EEC) No 1767/82, the levy on 100 them described in Annex II and in Articles 2 to 1 1 of kilograms of a product of Group 10 or 11 and falling that Regulation respectively ; whereas this method within subheadings 04.04 E I b) 1 and b) 2 shall be equal to 12-09 ECU ;

(') OJ No L 148, 28 . 6. 1968 , p. 13 . 0 OJ No L 140, 20 . 5. 1982, p . 1 . H OJ No L 180, 26 . 7 . 1968 , p. 25. P) OJ No L 329, 24. 12. 1979, p. 1 . O OJ No L 196, 5. 7. 1982, p. 1 . (4) OJ No L 322, 18 . 11 . 1982, p. 1 . (8) OJ No L 352, 14. 12. 1982, p . 14 . 0 OJ No L 140, 20. 5. 1982, p. 4. (9) OJ No L 369, 24. 12. 1981 , p. 33 .

30 . 12. 82 Official Journal of the European Communities No L 371 /33

Whereas, for as long as it is found that on importation milated product the levy on which is equal to the levy into the Community the price of an assimilated on its pilot product must be effected in such a way as product for which the levy is not equal to the levy on to allow, in particular, for differences in composition, its pilot product is considerably lower than the price maturity, quality and presentation between the assimi­ which would obtain if the ratio to the price of the lated product and the related pilot product ; whereas pilot product were normal, the levy must be equal to adjustments relating to composition must be calcu­ the sum of two components : 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 — one component equal to the amount resulting buted in international trade to one unit of weight of from the provisions of Articles 2 to 7 of Regulation the milk component in question ; whereas, when the (EEC) No 2915/79 applicable to the assimilated other adjustments are being effected, the difference product in question, between the value attributed on the Community market to each of the relevant characteristics of the — an additional component fixed at a level which, pilot product and the value attributed on that market the composition and quality of the assimilated to the corresponding characteristics of the assimilated product being taken into account, makes it product in question must be taken into account ; possible to re-establish normal price ratios for imports into the Community ;

Whereas, if no information on prices is available, the free-at-frontier price may, by way of exception, be Whereas Article 14(3) of Regulation (EEC) No 804/68 established on the basis of the value of the raw provides that the levy on products in respect of which materials contained in the pilot product in question the customs duty has been bound within GATT must (calculated on the basis of the prices of milk products be limited to the amount resulting from that binding ; for which prices are available), average processing costs and average yields ;

Whereas Regulation (EEC) No 1073/68 provides that a free-at-frontier price must be established for each of Whereas, in exceptional circumstances, a free-at­ the pilot products defined in Annex I to Regulation frontier price may remain unchanged for a limited (EEC) No 2915/79 ; whereas these prices must be period where the new level of the price for a given determined 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 established next free-at-frontier price and if the Commission on the basis of the most favourable purchasing oppor­ considers that the prices which are available could lead tunities in international trade for the products listed in to sudden and considerable changes in the free-at­ Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No frontier price because they are not sufficiently rep­ 804/68 other than assimilated products for which the resentative of real market trends ; levy is not equal to the levy on the related pilot products ; whereas, when recording these purchasing opportunities, the Commission must take account of Whereas, in accordance with Article 19(1 ) of Regula­ all information obtained direct or through the Member tion (EEC) No 804/68 , the nomenclature provided for States concerning prices for delivery of third-country in this Regulation is incorporated in the Common products free-at-Community-frontier and prices on Customs Tariff ; third-country markets ;

Whereas Article 8 of Regulation (EEC) No 1073/68 Whereas, however, no account should be taken of provides that the levies are fixed every fortnight ; whereas they may be altered in the intervening period information relating to small quantities which are not if necessary ; whereas the levy remains valid until representative of trade in the products in question and quantities in respect of which price trends in general another becomes applicable ; or other information available to it lead the Commis­ sion to believe that the price in question is unrepre­ sentative of the real trend of the market : Whereas, if the levy system is to operate normally, refunds should be calculated on the following basis :

Whereas the prices used must be adjusted where they — in the case of currencies which are maintained in are not quoted free-at-Community-frontier or where relation to each other at any given moment within they do not apply to products of good marketable a band of 2-25 % , a rate of exchange based on quality ; whereas the adjustment in respect of an assi­ their central rate ,

No L 371 / 34 Official Journal of the European Communities 30 . 12 . 82

HAS ADOPTED THIS REGULATION : — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Article 1 relation to the Community currencies referred to The import levies referred to in Article 14(1 ) of Regu­ in the previous indent ; lation (EEC) No 804/68 shall be as set out in the Annex hereto .

Article 2 Whereas it follows from applying these provisions that the levies on milk and milk products should be as set This Regulation shall enter into force on 1 January out in the Annex hereto, 1983 .

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

Done at Brussels, 29 December 1982. For the Commission Poul DALSAGER Member of the Commission

30 . 12 . 82 Official Journal of the European Communities No L 371 /35

ANNEX to the Commission Regulation of 29 December 1982 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 Ala) 0110 23-19 04.01 Alb) 0120 20-78 04.01 A II a) 1 0130 20-78 04.01 All a) 2 0140 25-92 04.01 A II b) 1 0150 19-57 04.01 A II b) 2 0160 24-71 04.01 B I 0200 56-19 04.01 B II 0300 118-86 04.01 B III 0400 183-69 04.02 A I 0500 16-79 04.02 A II a) 1 0620 86-88 04.02 A II a) 2 0720 140-66 04.02 A II a) 3 0820 143-08 04.02 A II a) 4 0920 160-21 04.02 A II b) 1 1020 79-63 04.02 A II b) 2 1120 133-41 04.02 A II b) 3 1220 135-83 04.02 A II b) 4 1320 152-96 04.02 A III a) 1 1420 26-11 04.02 A III a) 2 1520 35-25 04.02 A III b) 1 1620 118-86 04.02 A III b) 2 1720 183-69 04.02 B I a) 1820 36-27 04.02 B I b) 1 aa) 2220 per kg 0-7963 (4) 04.02 B I b) 1 bb) 2320 per kg 1-3341 (4) 04.02 B I b) 1 cc) 2420 per kg 1-5296 (4) 04.02 B I b) 2 aa) 2520 per kg 0-7963 0 04.02 B I b) 2 bb) 2620 per kg 1-3341 0 04.02 B I b) 2 cc) 2720 per kg 1 -5296 (*) 04.02 B II a) 2820 46-11 04.02 B II b) 1 2910 per kg 1-1886 0 04.02 B II b) 2 3010 per kg 1-8369 O 04.03 A 3110 216-11 04.03 B 3210 263-65 04.04 A 3300 1 66-68 (*) 04.04 B 3900 204-25 0 04.04 C 4000 136-17 0 04.04 D I a) 4410 142-65 0 04.04 D I b) 4510 153-77 0 04.04 D II 4610 250-49 04.04 Ela) 4710 204-25 04.04 E I b) 1 4800 190-30 H

No L 371 / 36 Official Journal of the European Communities 30 . 12. 82

(ECU/100 kg net weight, unless otherwise indicated) CCT heading No Code Import levy

04.04 E I b) 2 5000 149-69 (") 04.04 E I c) 1 5210 112-27 04.04 E I c) 2 5250 246-41 04.04 E II a) 5310 204-25 04.04 E II b) 5410 246-41 17.02 A II 5500 40-14 C 2) 21.07 F I 5600 40-14 23.07 B I a) 3 5700 62-14 23.07 B I a) 4 5800 80-46 23.07 B I b) 3 5900 75-87 23.07 B I c) 3 6000 63-74 23.07 B II 6100 80-46

30 . 12. 82 Official Journal of the European Communities No L 371 /37

(') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic 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) 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) 19-59 ECU. (*) 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) 19-59 ECU. (6) The levy is limited to : — 18-13 ECU per 100 kg net weight for products listed under (a) in Annex I to Regulation (EEC) No 1767/82 imported from Switzerland and for products listed under (c) of that Annex imported from Austria or Finland, — 9-07 ECU per 100 kg net weight for products listed under (b) of Annex I to Regulation (EEC) No 1767/82 imported from Switzerland . 0 The levy is limited to 6 % of the customs value for imports from Switzerland, in accordance with Article 1 (3) of Regulation (EEC) No 1767/82. (8) The levy is limited to 50 ECU per 100 kg net weight for products listed under (o) and (p) of Annex I to Regulation (EEC) No 1767/82 imported from Austria. (') The levy is limited to 36-27 ECU per 100 kg net weight for products listed under (g) of Annex I to Regulation (EEC) No 1767/82 imported from Switzerland and for products listed under (h) of that Annex imported from Austria or Finland. (10) The levy is limited to 12-09 ECU per 100 kg net weight : — for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada, — for products listed under (e) and (f) of that Annex imported from Australia or New Zealand. (") The levy is limited to : — 77-70 ECU per 100 kg net weight for products listed under (i) of Annex I to Regulation (EEC) No 1767/82 imported from Romania or Switzerland, — 50 ECU for products listed under (o) and (p) of that Annex imported from Austria, — 101-88 ECU per 100 kg net weight for products listed under (k) of that Annex imported from Romania or Switzerland, — 65-61 ECU per 100 kg net weight for products listed under (1) of that Annex imported from Bulgaria, Hungary, Israel, Romania or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey or Cyprus, — to 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria, — to 18-13 ECU per 100 kg net weight for products listed under (q) of that Annex imported from Finland, — 12-09 ECU for products listed under (f) of that Annex imported from Australia and New Zealand. (12) 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 . (13) 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.