31986R1371

8 . 5 . 86 Official Journal of the European Communities No L 120/ 17

COMMISSION REGULATION ( EEC) No 1371 / 86 of 7 May 1986 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES, free-at-frontier prices and for fixing levies in respect of milk and milk products (6), provides that the component of the levy fixed by means of a coefficient expressing the Having regard to the Treaty establishing the European weight ratio between the milk powder contained in the Economic Community, product and the product itself is, for the products falling within subheading 04.02 B I b), calculated by multiplying the basic amount by the quantity of milk powder Having regard to the Act of Accession of Spain and contained in the product ; whereas the same applies to Portugal, products falling within subheading 04.02 B II b) as regards the component of the levy fixed by means of a coefficient expressing the weight ratio between the milk Having regard to Council Regulation (EEC) No 804/68 of components contained in the product and the product 27 June 1968 on the common organization of the market itself ; in milk and milk products ('), as last amended by Regula­ tion ( EEC) No 1335/86 (2), and in particular Article 14(8) thereof, whereas the basic amount must be equal to one hundredth part of the levy set out for each product in the Having regard to the opinion of the Monetary Committee, second subparagraph of Article 9(1 ) and the second subparagraph of Article 9 (2) of Regulation (EEC) No 1073 / 68 ; 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 these products may be divided into groups ; whereas the Whereas Annex II to Regulation (EEC) No 2915/79 listed product groups and the pilot groups and the pilot product certain products of Group 1 1 originating in and for each of these groups are set out in Annex I to Council consigned from certain non-member countries ; whereas Regulation (EEC) No 2915/79 of 18 December 1979 the levy applicable to these products is set out in Annex I determining the groups of products and the special provi­ to Regulation (EEC) No 1767/ 82 (J), as last amended by sions for calculating levies on milk and milk products and Regulation (EEC) No 778 / 86 (8) ; amending Regulation ( EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 748 /86 (4); Whereas Commission Regulation (EEC) No 3700/ 81 of 23 December 1981 (9) laid down detailed interim rules in Whereas the levy on the products in any one group must respect of the cheese agreements with Austria and be equal to the threshold price for the pilot product less Finland ; the free-at-frontier price ; whereas these threshold prices were fixed for the 1986/87 milk year by Council Regula­ tion (EEC) No 1339 /86 0 ; Whereas, within the tariff quotas referred to in Annex I to Regulation (EEC) No 1767/ 82, the levy on 100 kilograms Whereas, however, Regulation (EEC) No 2915/79 lays of a product of Group 10 or 11 or falling within subhea­ down special provisions for calculating the levy on certain dings 04.04 E I b) 1 and b) 2 shall be the amount fixed in assimilated products ; whereas these products are listed that Annex ; and the method of calculating the levy on them described in Annex II and in Articles 2 to 11 of that Regulation respectively ; whereas this method consists in adding Whereas, for as long as it is found that on importation together the various components defined . in those into the Community the price of an assimilated product Articles ; for which the levy is not equal to the levy on its pilot product is considerably lower than the price which would Whereas Commission Regulation ( EEC) No 1073 /68 of obtain if the ratio to the price of the pilot product were 24 July 1968 laying down detailed rules for determining normal, the levy must be equal to the sum of two compo­ nents : (') OJ No L 148, 28 . 6. 1968 , p. 13 . (2) OJ No L 119 , 8 . 5. 1986 . (6) OJ No L 180 , 26 . 7 . 1968 , p. 25 . (3) OJ No L 329, 24. 12. 1979, p. 1 . 0 OJ No L 196, 5 . 7 . 1982, p. 1 . (4) OJ No L 71 , 14. 3 . 1986, p. 3 . (8) OJ No L 73, 18 . 3 . 1986, p. 21 . 0 OJ No L 119, 8 . 5 . 1986. 0 OJ No L 369 , 24. 12. 1981 , p. 33.

No L 120/ 18 Official Journal of the European Communities 8 . 5 . 86

— one component equal to the amount resulting from quality and presentation between the assimilated product the provisions of Articles 2 to 7 of Regulation (EEC) and the related pilot product ; whereas adjustments rela­ No 2915/79 applicable to the assimilated product in ting to composition must be calculated by multiplying question , the difference between the milk component content of the pilot product and that of the assimilated product in — an additional component fixed at a level which, the question by the value attributed in international trade to composition and quality of the assimilated product one unit of weight of the milk component in question ; being taken into account, makes it possible to whereas, when the other adjustments are being effected, re-establish normal price ratios for imports into the the difference between the value attributed on the Community ; Community market to each of the relevant characteristics of the pilot product and the value attributed on that market to the corresponding characteristics of the assimi­ lated product in question must be taken into account ; Whereas Article 14(3) of Regulation (EEC) No 804/ 68 provides that the levy on products in respect of which the customs duty has been bound within GATT must be limited to the amount resulting from that binding ; 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 materials Whereas Regulation (EEC) No 1073/68 provides that a contained in the pilot product in question (calculated on free-at-frontier price must be established for each of the the basis of the prices of milk products for which prices pilot products defined in Annex I to Regulation (EEC) are available), average processing costs and average yields ; No 2915/79 ; whereas these prices must be determined for products of good marketable quality ;

Whereas, in exceptional circumstances, a free-at-frontier price may remain unchanged for a limited period where Whereas the free-at-frontier prices must be established on the new level of the price for a given quality or a specific the basis of the most favourable purchasing opportunities origin, used as a basis for establishing the previous free­ in international trade for the products listed in Article at-frontier price, has not reached the Commission to 1 (a) 2 and (b) to (g) of Regulation (EEC) No 804/68 other enable it to establish the next free-at-frontier price and if than assimilated products for which the levy is not equal the Commission considers that the prices which are avai­ to the levy on the related pilot products ; whereas, when lable could lead to sudden and considerable changes in recording these purchasing opportunities, the Commis­ the free-at-frontier price because they are not sufficiently sion must take account of all information obtained direct representative of real market trends ; or through the Member States concerning prices for deli­ very of third-country products free-at-Community-frontier and prices on third-country markets ; Whereas, in accordance with Article 19(1 ) of Regulation ( EEC) No 804/68 , the nomenclature provided for in this Regulation is incorporated in the Common Customs Whereas Regulation (EEC) No 788 /86 (') specifies the Tariff ; free-at-Spanish-frontier values of certain cheeses imported from and originating in Switzerland .

Whereas Article 8 of Regulation (EEC) No 1073/68 Whereas, however, no account should be taken of infor­ provides that the levies are fixed every fortnight ; whereas mation relating to small quantities which are not repre­ they may be altered in the intervening period if neces­ sary ; whereas the levy remains valid until another sentative of trade in the products in question and quanti­ becomes applicable ; ties in respect of which price trends in general or other information available to it lead the Commission to believe that the price in question is unrepresentative 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 are not quoted free-at-Community-frontier or where they do — in the case of currencies which are maintained in rela­ not apply to products of good marketable quality ; tion to each other at any given moment within a band whereas the adjustment in respect of an assimilated of 2,25 % , a rate of exchange based on their central product the levy on which is equal to the levy on its pilot rate, multiplied by the coefficient provided for in the product must be effected in such a way as to allow, in last subparagraph of Article 3 ( 1 ) of Regulation (EEC) particular, for differences in composition , maturity, No 1676/ 85 (2),

(') OJ No L 74, 19 . 3 . 1986, p. 20 . (z) OJ No L 164, 24 . 6 . 1985, p. 1 .

8 . 5 . 86 Official Journal of the European Communities No L 120 / 19

— for other currencies, an exchange rate based on the HAS ADOPTED THIS REGULATION arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ Article 1 tion to the Community currencies referred to in the The import levies referred to in Article 14(1 ) of Regula­ previous indent and the aforesaid coefficient ; tion ( 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 12 May 1986 .

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

Done at Brussels , 7 May 1986 . For the Commission Frans ANDRIESSEN Vice-President

No L 120/20 8 . 5 . 86 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 7 May 1986 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 31,84 b) Other 0120 29,43

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 29,43 2. Exceeding 4 % 0140 35,83

b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 28,22 2. Exceeding 4 % 0160 34,62

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

I. Exceeding 6 % but not exceeding 21 % 0200 69,91 II . Exceeding 21 % but not exceeding 45 % 0300 147,90 III . Exceeding 45 % 0400 228,57

04.02 Milk and cream, preserved, concentrated or sweetened :

A. Not containing added sugar :

I. Whey 0500 27,89

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 158,01 2. Exceeding 1-5 % but not exceeding 27 % 0720 200,14 3 . Exceeding 27 % but not exceeding 29 % 0820 202,56 4. Exceeding 29 % 0920 250,77

b) Other, of a fat content, by weight : 1 . Not exceeding 1-5% 1020 150,76 2. Exceeding 1-5 % but not exceeding 27 % 1120 192,89 3 . Exceeding 27 % but not exceeding 29 % 1220 195,31 4. Exceeding 29 % 1320 243,52

8 . 5 . 86 Official Journal of the European Communities No L 120/ 21

(ECU/100 kg net weight, unless otherwise indicated) 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 30,14 2 . Other 1520 40,69 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 , 147,90 1720 228,57 2. Exceeding 45 %

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 1,5076 (4) per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2320 1,9289 (4) per kg cc) Exceeding 27 % (3) 2420 2,4352 (4) per kg 2. Other, of a fat content, by weight : aa) Not exceeding 1-5 % (3) 2520 1,5076 0 per kg bb) Exceeding 1 -5 % but not exceeding 27 % (3) 2620 1,9289 0 per kg cc) Exceeding 27 % (3) 2720 2,4352 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 : 2910 1,4790 0 1 . Not exceeding 45 % (3) per kg 2. Exceeding 45 % (3) 3010 2,2857 0 per kg

04.03 Butter :

3110 268,90 A. Of a fat content, by weight, not exceeding 85 %

B. Other 3210 328,06

04.04 Cheese and curd :

A. Emmentaler, Gruyere, Sbrinz, Bergkase, Appenzell, Vacherin fribourgeois and Tete de moine, not grated or powdered 3300 217,50 0

B. Glaurus herb cheese (known as Schabziger), made from skimmed milk and mixed with finely-ground herbs (2) 3900 336,75 0

C. Blue-veined cheese, not grated or powdered 4000 157,44 0

No L 120 / 22 Official Journal of the European Communities 8 . 5 . 86

(ECU/100 kg net weight, unless otherwise indicated) 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 170,30 (') b) Exceeding 48 % 4510 1 85,20 (9) 4610 281,92 II . Exceeding 36 % I

E. Other : I. Not grated or powdered, of a fat content, by weight, not exceeding I 40 % and a water content, calculated by weight of the non-fatty l matter : a) Not exceeding 47 % 4710 336,75 b) Exceeding 47 % but not exceeding 72 % : 1 . Cheddar : 4800 233,53 (10) 2 . Other : 5000 1 80,95 (") c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 135,71 2 . Other 5250 277,67 II . Other : a) Grated or powdered 5310 336,75 b) Other 5410 277,67

17.02 Other sugars in solid form ; sugar syrups, not containing added flavouring or colouring matter ; artificial honey, whether or not mixed with natural l honey ; caramel : l A. Lactose and lactose syrup : II . Other (than those containing, in the dry state, 99 % or more by l weight of the pure product) ( 12) 5500 41,95

21.07 F. Flavoured or coloured sugar syrups : I. Lactose syrup 5600 41,95

23.07 Sweetened forage ; other preparations of a kind used in animal feeding : B. Other, containing starch , glucose, glucose syrup, maltodextrine or malto­ dextrine syrup , falling within subheadings 17.02 B and 21.07 F II , or milk products ( u) : l I. Containing starch , glucose, glucose syrup, maltodextrine or maltodex trine syrup : \ a) Containing no starch or containing 10 % or less by weight of starch : 3 . Containing not less than 50 % but less than 75 % by weight \\ of milk products 5700 115,49 4. Containing not less than 75 % by weight of milk products 5800 150,16 b) Containing more than 10 % but not more than 30 % by weight of starch : Il 3 . Containing not less than 50 % by weight of milk products 5900 140,54 c) Containing more than 30 % by weight of starch : 3 . Containing not less than 50 % by weight of milk products 6000 115,59 i II . Containing no starch, glucose, glucose syrup, maltodextrine or malto dextrine syrup, but containing milk products 6100 150,16

8 . 5 . 86 Official Journal of the European Communities No L 120 / 23

(') 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) 21,89 ECU . 0 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) 21,89 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 Swit­ zerland 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 Switzer­ land . (^ 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. (,0) 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 and for products listed under (r) of that Annex imported from Norway, — 60 ECU per 100 kg net weight for products listed under (s) of that Annex imported from Finland, — 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 1 7.02 A II . ( 13) For the purposes of tariff subheading ex 23.07 B ' milk products' means the products falling within tariff headings and subheadings 04.01 , 04.02, 04.03 , 04.04, 17.02 A and 21.07 F I.