31985R1374

27. 5 . 85 No L 139/47 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1374/85 of 24 May 1985 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 1298/85 (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 1300/85 (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 O, as last amended by Regulation (EEC) No 212/85 (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 1985/86 milk year Whereas Commission Regulation (EEC) No 3700/81 by Council Regulation (EEC) No 1301 /85 of 23 May of 23 December 1981 (9) laid down detailed interim 1985 0 ; 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 or falling within subheadings 04.04 E I b) 1 and b) 2 shall be the that Regulation respectively ; whereas this method amount fixed in that Annex :

(') OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 137, 27. 5. 1985, p. 5 . (6) OJ No L 180, 26. 7. 1968 , p. 25. O OJ No L 329, 24 . 12. 1979 , p. 1 . 0 OJ No L 196, 5 . 7. 1982, p. 1 . (4) OJ No L 137, 27. 5 . 1985, p. 7. (8) OJ No L 24, 29 . 1 . 1985, p. 15. Is) OJ No L 137, 27. 5. 1985, p. 8 . f) OJ No L 369, 24. 12. 1981 , p. 33 .

No L 139 / 48 27 . 5 . 85 Official Journal of the European Communities

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 (EEC) No 2915/79 applicable to the assimilated pilot product and the value attributed on that market product in question, to the corresponding characteristics of the assimilated 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 period where the new level of the price for a given free-at-frontier price must be established for each of 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 to sudden and considerable changes in the free-at­ Whereas the free-at-frontier prices must be established frontier price because they are not sufficiently rep­ on the basis of the most favourable purchasing oppor­ 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 Whereas, in accordance with Article 19(1 ) of Regula­ levy is not equal to the levy on the related pilot tion (EEC) No 804/68 , the nomenclature provided for products ; whereas, when recording these purchasing in this Regulation is incorporated in the Common opportunities, the Commission must take account of Customs Tariff ; all information obtained direct or through the Member States concerning prices for delivery of third-country products free-at-Community-frontier and prices on Whereas Article 8 of Regulation (EEC) No 1073/68 third-countjy markets ; provides that the levies are fixed every fortnight ; whereas they may be altered in the intervening period if necessary ; whereas the levy remains valid until Whereas, however, no account should be taken of another becomes applicable ; information relating to small quantities which are not representative of trade in the products in question and quantities in respect of which price trends in general Whereas, if the levy system is to operate normally, or other information available to it lead the Commis­ refunds should be calculated on the following basis : sion to believe that the price in question is unrepre­ sentative of the real trend of the market ; — in the case of currencies which are maintained in relation to each other at any given moment within a band of 2,25 % , a rate of exchange based on Whereas the prices used must be adjusted where they their central rate, multiplied by the coefficient are not quoted free-at-Community-frontier or where provided for in Article 2b (2) of Regulation (EEC' they do not apply to products of good marketable No 974/71 ('), as last amended by Regulation (EEC] quality ; whereas the adjustment in respect of an assi­ No 855/ 84 (2 , milated product the levy on which is equal to the levy on its pilot product must be effected in such a way as to allow, in particular, for differences in composition, (') OJ No L 106, 12. 5. 1971 , p. 1 . maturity, quality and presentation between the assimi­ (2) OJ No L 90, 1 . 4. 1984, p. 1 .

27 . 5 . 85 No L 139/49 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 recorded over a given period in Article 1 relation to the Community currencies referred to in the previous indent and the aforesaid coeffi­ The import levies referred to in Article 14(1 ) of Regu­ cient ; 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 27 May 1985.

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

Done at Brussels, 24 May 1985. For the Commission Frans ANDRIESSEN Vice-President

No L 139/ 50 27 . 5 . 85 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 24 May 1985 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 26,91 b) Other 0120 24,50

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 24,50 2. Exceeding 4 % 0140 29,84

b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 23,29 2. Exceeding 4 % 0160 28,63

B. Other, of a fat content, by weight : I. Exceeding 6 % but not exceeding 21 % 0200 58,35 II . Exceeding 21 % but not exceeding 45 % 0300 123,44 0400 190,77 III . Exceeding 45 %

04.02 Milk and cream , preserved, concentrated or sweetened :

A. Not containing added sugar : 0500 16,30 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 125,42 1 . Not exceeding 1-5 % 2. Exceeding 1-5 % but not exceeding 27 % 0720 166,65 3 . Exceeding 27 % but not exceeding 29 % 0820 169,07 0920 241,42 4. Exceeding 29 % b) Other, of a fat content, by weight : \I

1020 118,17 1 . Not exceeding 1-5 % 1120 1 59,40 2. Exceeding 1 -5 % but not exceeding 27 % 3 . Exceeding 27 % but not exceeding 29 % 1220 161,82 1320 234,17 4. Exceeding 29 %

27 . 5 . 85 No L 139/51 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 27,57 2. Other 1520 37,22 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 123,44 2. Exceeding 45 % 1720 190,77

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 l b) Other : l 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 1,1817 0 per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2320 1,5940 (4) per kg cc) Exceeding 27 % (3) 2420 2,341 7 (") per kg 2. Other, of a fat content, by weight : I aa) Not exceeding 1-5 % (3) 2520 1,1817 0 per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2620 1,5940 0 per kg cc) Exceeding 27 % (3) 2720 2,3417 0 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 52,91 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % (3) 2910 1,2344 0 per kg 3010 1,9077 0 2. Exceeding 45 % (3) per kg

04.03 Butter : A. Of a fat content, by weight, not exceeding 85 % 3110 224,43

B. Other 3210 273,80

04.04 Cheese and curd :

A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois 3300 189,59 0 and Tete de moine, not grated or powdered \

B. Glaurus herb cheese (known as Schabziger), made from skimmed milk 3900 206,31 0 and mixed with finely-ground herbs (2) 4000 162,97 0 C. Blue-veined cheese, not grated or powdered

No L 139/ 52 27 . 5 . 85 Official Journal of the European Communities

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 matter : \ a) Not exceeding 48 % 4410 168,22 (9) b) Exceeding 48 % 4510 174,63 0 II. Exceeding 36 % 4610 271,35

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 206,31 b) Exceeding 47 % but not exceeding 72 % : 1 . Cheddar : 4800 181,27 O 2. Other : 5000 181 , 14 (") c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 135,86 2. Other 5250 277,86 II . Other : a) Grated or powdered 5310 206,31 b) Other 5410 277,86

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 : 1

II. Other (than those containing, in the dry state, 99 % or more by weight of the pure product) (l2) 5500 41,80

21.07 F. Flavoured or coloured sugar syrups : \

I. Lactose syrup 5600 41,80

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 (l3) : \ 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 91,05 weight of milk products 4. Containing not less than 75 % by weight of milk products 5800 118,23 b) Containing more than 10 % but not more than 30 % by weight of starch : \ l 3 . Containing not less than 50 % by weight of milk products 5900 110,02 c) Exceeding 30 % : li\ 3 . Containing 50 % or more by weight of milk products 6000 89,06 II . Containing no starch , glucose or glucose syrup, but containing milk products 6100 118,23

27 . 5 . 85 No L 139/ 53 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 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) 24,04 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) 24,04 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. 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. (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 per 100 kg net weight is limited to : — 12,09 ECU for products listed under (d) of Annex I to Regulation (EEC) No 1767/82 imported from Canada, — 15,00 ECU 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, for products listed under (s) of that Annex imported from Finland 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, — 15,00 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.