31983R1248

21 . 5 . 83 Official Journal of the European Communities No L 133/ 5

COMMISSION REGULATION (EEC) No 1248/83 of 20 May 1983 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 (6), 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 1183/82 (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 1206/83 (4) ; consigned from certain non-member countries ; whereas the levy applicable to these products is set out in Annex I to Regulation (EEC) No 1767/82 f), as last amended by Regulation (EEC) No 1264/83 (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 1983/84 milk year Whereas Commission Regulation (EEC) No 3700/81 by Council Regulation (EEC) No 1207/83 of 17 May of 23 December 1981 (9) laid down detailed interim 1983 (5); 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 I to Regulation (EEC) No 1767/82, the levy on 100 are listed and the method of calculating the levy on them described in Annex II and in Articles 2 to 1 1 of kilograms of a product of Group 10 or 11 and falling within subheadings 04.04 E I b) 1 and b) 2 shall be that Regulation respectively ; whereas this method equal to 12-09 ECU ;

(") OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 140 , 20 . 5. 1982, p. 1 . (6) OJ No L 180, 26. 7. 1968 , p. 25. 0 OJ No L 329, 24. 12. 1979, p. 1 . 0 OJ No L 196, 5 . 7. 1982, p. 1 . (<) OJ No L 132, 21 . 5 . 1983, p. 3 . (8) See page 54 of this Official Journal. 0 OJ No L 132, 21 , 5 . 1983, p. 4. 0 OJ No L 369 , 24. 12. 1981 , p. 33 .

No L 133/6 21 . 5 . 83 Official Journal of the European Communities

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 ; information relating to small quantities which are not whereas they may be altered in the intervening period if necessary ; whereas the levy remains valid until representative of trade in the products in question and another becomes applicable ; 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 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 ,

21 . 5 . 83 Official Journal of the European Communities No L 133/7

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 .

Whereas it follows from applying these provisions that Article 2 the levies on milk and milk products should be as set out in the Annex hereto, This Regulation shall enter into force on 23 May 1983.

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

Done at Brussels, 20 May 1983. For the Commission Poul DALSAGER Member of the Commission

No L 133 /8 21 . 5 . 83 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 20 May 1983 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 23,60 b) Other 0120 21,19

II . Other : a) In immediate packings of a net capacity of two litres or less, and of a fat content, by weight : 0130 21,19 1 . Not exceeding 4% 0140 26,33 2. Exceeding 4 %

b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 19,98 0160 25,12 2. Exceeding 4 %

B. Other, of a fat content, by weight : 0200 56,13 I. Exceeding 6 % but not exceeding 21 % I

0300 118,75 II . Exceeding 21 % but not exceeding 45 % 0400 183,52 III . Exceeding 45 %

04.02 Milk and cream, preserved, concentrated or sweetened :

A. Not containing added sugar : 0500 19,79 I. Whey 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 : 0620 91,73 1 . Not exceeding 1-5 % 0720 138,99 2. Exceeding 1 -5 % but not exceeding 27 % 0820 141,41 3. Exceeding 27 % but not exceeding 29 % 0920 159,69 4. Exceeding 29 % b) Other, of a fat content, by weight : I 1020 84,48 1 . Not exceeding 1 -5 % 1120 131,74 2. Exceeding 1 -5 % but not exceeding 27 % 1220 134,16 3 . Exceeding 27 % but not exceeding 29 % 1320 152,44 4. Exceeding 29 %

21 . 5 . 83 Official Journal of the European Communities No L 133 /9

CCT Description Code Import levy heading 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 23,90 2 . Other 1520 32,27 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 118,75 2. Exceeding 45 % 1720 183,52

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 l-5% (3) 2220 0,8448 (4) per kg 2320 1,3174 («) bb) Exceeding 1-5 % but not exceeding 27 % (3) per kg cc) Exceeding 27 % (3) 2420 1,5244 (4) per kg 2. Other, of a fat content, by weight : 2520 0,8448 0 aa) Not exceeding 1-5 % (3) per kg 2620 1,3174 Is) bb) Exceeding 1-5 % but not exceeding 27 % (3) per kg 2720 1,5244 0 cc) Exceeding 27 % (3) 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 2820 46,75 fat content, by weight, not exceeding 9-5 % b) Other, of a fat content, by weight : \ 1 . Not exceeding 45 % (3) 2910 1,1875 0 per kg 3010 1,8352 0 2. Exceeding 45 % (3) per kg

04.03 Butter : 3110 215,90 A. Of a fat content, by weight, not exceeding 85 %

B. Other 3210 263,40

04.04 Cheese and curd :

A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois 3300 186,71 (6) and Tete de moine, not grated or powdered

B. Glaurus herb cheese (known as Schabziger), made from skimmed milk 3900 198,03 f) and mixed with finely-ground herbs (2) 4000 143,23 (8) C. Blue-veined cheese, not grated or powdered

No L 133/ 10 Official Journal of the European Communities 21 . 5 . 83

CCT heading Description Code Import levy No

04.04 D. Processed cheese, not grated or powdered, of a fat content, by weight : (cont'd) I. Not exceeding 36 % and of a fat content, by weight, in the dry li matter : li a) Not exceeding 48 % 4410 149,95 0 b) Exceeding 48 % 4510 1 59,20 (9) II . Exceeding 36 % 4610 255,92 E. Other : Il I. Not grated or powdered, of a fat content, by weight, not exceeding ll 40 % and a water content, calculated by weight of the non-fatty \ matter : l a) Not exceeding 47 % 4710 198,03 b) Exceeding 47 % but not exceeding 72 % : Il 1 . Cheddar : 4800 1 98,74 ( 10) 2. Other : 5000 1 58,82 (") c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 119,12 2. Other 5250 255,54 II . Other : a) Grated or powdered 5310 198,03 b) Other 5410 255,54

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 : l II. Other (than those containing, in the dry state, 99 % or more by weight of the pure product) (12) 5500 40,33

21.07 F. Flavoured or coloured sugar syrups : I. Lactose syrup 5600 40,33

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 (13) : I. Containing starch or glucose or glucose syrup : a) Containing no starch or containing 10 % or less by weight of starch : 3 . Containing not less than 50 % but not more than 75 % by weight of milk products 5700 65,78 4. Containing not less than 75 % by weight of milk products 5800 85,21 b) Containing more than 10 % but not more than 30 % by weight of starch : 3 . Containing not less than 50 % by weight of milk products 5900 79,84 c) Exceeding 30 % : 3 . Containing 50 % or more by weight of milk products 6000 65,91 II. Containing no starch, glucose or glucose syrup, but containing milk 6100 85,21 products

21 . 5 . 83 Official Journal of the European Communities No L 133 / 11

(') 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) 19,75 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) 19,75 ECU. (') 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 . I7) 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. (9) 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 1 2,09 ECU per 1 00 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, — 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria and for products listed under (r) of that Annex imported from Norway, — 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. (u) 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.