31984R0886
No L 91 /22 Official Journal of the European Communities 1 . 4. 84
COMMISSION REGULATION (EEC) No 886/84 of 31 March 1984 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 (*), 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 856/84 (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 Having regard to the opinion of the Monetary subheading 04.02 B II b) as regards the component of 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 859/84 (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 f7), as last amended by Regulation (EEC) No 891 /84 (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 1984/85 milk year Whereas Commission Regulation (EEC) No 3700/81 by Council Regulation (EEC) No 860/84 of 31 March of 23 December 1981 (') laid down detailed interim 1984 (*); 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 certain assimilated products ; whereas these products Whereas, within the tariff quotas referred to in Annex 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 11 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 90, 1 . 4. 1984, p. 10 . f) 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 . 0 OJ No L 90, 1 . 4. 1984, p. 19 . (8) See page 58 of this Official Journal. O OJ No L 90 , 1 . 4. 1984, p. 20 . (') OJ No L 369, 24. 12. 1981 , p. 33 .
1 . 4. 84 Official Journal of the European Communities No L 91 /23
Whereas, for as long as it is found that on importation on its pilot product must be effected in such a way as into the Community the price of an assimilated to allow, in particular, for differences in composition, product for which the levy is not equal to the levy on maturity, quality and presentation between the assimi its pilot product is considerably lower than the price lated product and the related pilot product ; whereas which would obtain if the ratio to the price of the adjustments relating to composition must be calcu pilot product were normal, the levy must be equal to lated by multiplying the difference between the milk the sum of two components : component content of the pilot product and that of the assimilated product in question by the value attri buted in international trade to one unit of weight of — one component equal to the amount resulting the milk component in question ; whereas, when the from the provisions of Articles 2 to 7 of Regulation other adjustments are being effected, the difference (EEC) No 2915/79 applicable to the assimilated between the value attributed on the Community product in question, market to each of the relevant characteristics of the pilot product and the value attributed on that market — an additional component fixed at a level which, to the corresponding characteristics of the assimilated the composition and quality of the assimilated product in question must be taken into account ; product being taken into account, makes it 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 established on the basis of the value of the raw Whereas Article 14(3) of Regulation (EEC) No 804/68 materials contained in the pilot product in question provides that the levy on products in respect of which (calculated on the basis of the prices of milk products the customs duty has been bound within GAIT must for which prices are available), average processing costs be limited to the amount resulting from that binding ; and average yields ;
Whereas Regulation (EEC) No 1073/68 provides that a Whereas, in exceptional circumstances, a free-at free-at-frontier price must be established for each of frontier price may remain unchanged for a limited the pilot products defined in Annex I to Regulation period where the new level of the price for a given (EEC) No 2915/79 ; whereas these prices must be quality or a specific origin, used as a basis for estab determined for products of good marketable quality ; lishing the previous free-at-frontier price, has not reached the Commission to enable it to establish the next free-at-frontier price and if the Commission Whereas the free-at-frontier prices must be established considers that the prices which are available could lead on the basis of the most favourable purchasing oppor to sudden and considerable changes in the free-at tunities in international trade for the products listed in frontier price because they are not sufficiently rep Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No resentative of real market trends : 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 purchasing Whereas, in accordance with Article 19(1 ) of Regula opportunities, the Commission must take account of tion (EEC) No 804/68, the nomenclature provided for all information obtained direct or through the Member in this Regulation is incorporated in the Common States concerning prices for delivery of third-country Customs Tariff : 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, however, no account should be taken of 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 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 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 :
— in the case of currencies which are maintained in Whereas the prices used must be adjusted where they relation to each other at any given moment within are not quoted free-at-Community-frontier or where a band of 2,25 %, a rate of exchange based on they do not apply to products of good marketable their central rate, multiplied by the coefficient quality ; whereas the adjustment in respect of an assi provided for in Article 2b (2) of Regulation (EEC) milated product the levy on which is equal to the levy No 974/71 ,
No L 91 /24 1 . 4. 84 Official Journal of the European Communities
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 in relation to the Community Article 1 currencies referred to in the previous indent and The import levies referred to in Article 14(1 ) of Regu the aforesaid coefficient ; 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 2 April 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 31 March 1984. For the Commission Poul DALSAGER Member of the Commission
1 . 4 . 84 Official Journal of the European Communities No L 91 / 25
ANNEX
to the Commission Regulation of 31 March 1984 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 23,84 b) Other 0120 21,43
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 21,43 2 . Exceeding 4 % 0140 25,74
b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 20,22 2. Exceeding 4 % 0160 24,53
B. Other, of a fat content, by weight :
I. Exceeding 6 % but not exceeding 21 % 0200 47,09 II . Exceeding 21 % but not exceeding 45 % 0300 99,62 III . Exceeding 45 % 0400 153,95
04.02 Milk and cream , preserved, concentrated or sweetened :
A. Not containing added sugar :
I. Whey 0500 20,96
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 113,79 2. Exceeding 1 -5 % but not exceeding 27 % 0720 163,91 3 . Exceeding 27 % but not exceeding 29 % 0820 166,33 4. Exceeding 29 % 0920 227,60
b) Other, of a fat content, by weight : 1 . Not exceeding 1-5% 1020 106,54 2 . Exceeding 1 -5 % but not exceeding 27 % 1120 156,66 3 . Exceeding 27 % but not exceeding 29 % 1220 159,08 4. Exceeding 29 % 1320 220,35
No L 91 / 26 1 . 4. 84 Official Journal of the European Communities
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 26,59 2 . Other 1520 35,90 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 99,62 2. Exceeding 45 % 1720 153,95
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 % (3) 2220 1,0654 (4) per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2320 1,5666 ( 4 ) per kg cc) Exceeding 27 % (3) 2420 2,2035 (4) per kg 2. Other, of a fat content, by weight : l aa) Not exceeding 1 -5 %(3) 2520 1,0654 0 per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2620 1,5666 0 per kg cc) Exceeding 27 % (3) 2720 2,2035 ( 5) 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 50,55 b) Other, of a fat content, by weight : \ 1 . Not exceeding 45 % (3) 2910 0,9962 (5 ) per kg 2. Exceeding 45 % (3) 3010 1,5395 (5) per kg 04.03 Butter :
A. Of a fat content, by weight, not exceeding 85 % 3110 181,12
B. Other 3210 220,97
04.04 Cheese and curd :
A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois and Tete de moine, not grated or powdered 3300 204,92 (')
B. Glaurus herb cheese (known as Schabziger), made from skimmed milk and mixed with finely-ground herbs (2) 3900 256,60 0
C. Blue-veined cheese, not grated or powdered 4000 157,69 (8)
1 . 4 . 84 No L 91 /27 Official Journal of the European Communities
CCT Description Code Import levy heading 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 matter : a) Not exceeding 48 % 4410 161,65 (») b) Exceeding 48 % 4510 160,93 (») 4610 257,65 II . Exceeding 36 %
E. Other : l
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 256,60 b) Exceeding 47 % but not exceeding 72 % : 1 . Cheddar : 4800 202,22 (10) 2 . Other : 5000 175,62 (") c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 131,72 2 . Other 5250 272,34
II . Other : 5310 256,60 a) Grated or powdered b) Other 5410 272,34
17.02 Other sugars in solid form ; sugar syrups, not containing added flavouring or colouring matter ; artificial honey, whether or not mixed with natural ll honey ; caramel : A. Lactose and lactose syrup : II . Other (than those containing, in the dry state, 99 % or more by \ 5500 40,31 weight of the pure product) (,2)
21.07 F. Flavoured or coloured sugar syrups : I. Lactose syrup 5600 40,31
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 (u) : 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 5700 82,33 weight of milk products 4. Containing not less than 75 % by weight of milk products 5800 106,83 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 99,44 c) Exceeding 30 % • 3 . Containing 50 % or more by weight of milk products 6000 80,53 II . Containing no starch , glucose or glucose syrup, but containing milk products 6100 106,83
No L 91 / 28 1 . 4. 84 Official Journal of the European Communities
(') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic toxicogenic germs and containing per gram less than 1 0 000 revivifiable aerobic bacteria and less than two coliform bacteria.
(J) 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) 22,23 ECU .
I5) 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) 22,23 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 .
Q 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, Turkey or Yugoslavia and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey, Cyprus or Yugoslavia, — 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.
( I2) 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.