31987R3087

No L 293/28 Official Journal of the European Communities 16 . 10 . 87

COMMISSION REGULATION (EEC) No 3087/87 of 15 October 1987 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 (*), 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 2998/87 (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 11 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 as last amended by sions for calculating levies on milk and milk products and Regulation (EEC) No 3048/87 (8) ; amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 2346/87 (4) ; Whereas Commission Regulation (EEC) No 3700/81 of 23 December 1981 (') 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 1987/88 milk year by Council Regula­ tion (EEC) No 1:95/87(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 normal, the levy must be equal to the sum of two compo­ 24 July 1968 laying down detailed rules for determining nents : (') OJ No L 148, 28 . 6. 1968 , p. 13 . (2) OJ No L 285, 8 . 10. 1987, p. 1 . («) 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 213, 4. 8 . 1987, p. 1 . (■) OJ No L 289, 13 . 10. 1987, p. 18 . 0 OJ No L 182, 3. 7. 1987, p. 33 . 0 OJ No L 369, 24. 12. 1981 , p. 33.

16 . 10 . 87 Official Journal of the European Communities No L 293 /29

— 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 Whereas Article 14(3) of Regulation (EEC) No 804/68 lated product in question must be taken into account ; provides that the levy on products in respect of which the customs duty has been bound within GAIT 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 Whereas Regulation (EEC) No 788/86 ('), as amended by Regulation is incorporated in the Common Customs Tariff ; Regulation (EEC) No 1927/86 (2), specifies the free-at­ Spanish-frontier values of certain cheeses imported from and originating in Switzerland. Whereas Article 8 of Regulation (EEC) No 1073/68 provides that the levies are fixed every fortnight ; whereas Whereas, however, no account should be taken of infor­ they may be altered in the intervening period if neces­ mation relating to small quantities which are not repre­ 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 Whereas, if the levy system is to operate normally, trend of the market ; refunds should be calculated on the following basis :

Whereas the prices used must be adjusted where they are — in the case of currencies which are maintained in rela­ not quoted free-at-Community-frontier or where they do tion to each other at any given moment within a band not apply to products of good marketable quality ; of 2,25 % , a rate of exchange based on their central whereas the adjustment in respect of an assimilated rate, multiplied by the coefficient provided for in the product the levy on which is equal to the levy on its pilot last subparagraph of Article 3 (1 ) of Council Regula­ product must be effected in such a way as to allow, in tion (EEC) No 1676/85 (3), as amended by Regulation particular, for differences in composition, maturity, (EEC) No 1 636/87 (4),

(') OJ No L 74, 19. 3. 1986, p. 20. (3) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 167, 24. 6. 1986, p. 11 . (<) OJ No L 153, 13 . 6. 1987, p. 1 .

No L 293/30 Official Journal of the European Communities 16 . 10 . 87

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 rela­ Article 1 tion to the Community currencies referred to in the previous indent and the aforesaid coefficient ; The import levies referred to in Article 14(1 ) of Regula­ tion (EEC) No 804/68 shall be as set out in the Annex Whereas it follows from applying these provisions that hereto . the levies on milk and milk products should be as set out in the Annex hereto ; Article 2 Whereas Commission Regulation (EEC) No 1826/87 (') This Regulation shall enter into force on the day of its provisionally fixed the import levies on products publication in the Official Journal of the European processed from milk and milk products as from 1 July Communities. 1987 ; whereas they should be adjusted to take account of the decisions taken in respect of prices by the Council, It shall apply with effect from 16 October 1987.

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

Done at Brussels, 15 October 1987.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 173, 30 . 6. 1987, p. 7.

16 . 10 . 87 Official Journal of the European Communities No L 293/31

ANNEX

to the Commission Regulation of 15 October 1987 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 A I a) 0110 31,32 04.01 A I b) 0120 28,91 04.01 A II a) 1 0130 28,91 04.01 A II a) 2 0140 35,79 04.01 A II b) 1 0150 27,70 04.01 A II b) 2 0160 34,58 04.01 B I 0200 75,18 04.01 B II 0300 159,03 04.01 B III 0400 245,77 04.02 A I 0500 32,43 04.02 A II a) 1 0620 140,92 04.02 A II a) 2 0720 216,17 04.02 A II a) 3 0820 218,59 04.02 A II a) 4 0920 258,35 04.02 A II b) 1 1020 133,67 04.02 A II b) 2 1120 208,92 04.02 A II b) 3 1220 211,34 04.02 A II b) 4 1320 251,10 04.02 A III a) 1 1420 30,88 04.02 A III a) 2 1520 41,69 04.02 A III b) 1 1620 159,03 04.02 A III b) 2 1720 245,77 04.02 B I a) 1820 36,27 04.02 B I b) 1 aa) 2220 per kg 1,3367 (4) 04.02 B I b) 1 bb) 2320 per kg 2,0892 (4) 04.02 B I b) 1 cc) 2420 per kg 2,511 (4) 04.02 B I b) 2 aa) 2520 per kg 1,3367 0 04.02 B I b) 2 bb) 2620 per kg 2,0892 0 04.02 B I b) 2 cc) 2720 per kg 2,51 1 0 04.02 B II a) 2820 53,76 04.02 B II b) 1 2910 per kg 1,5903 0 04.02 B II b) 2 3010 per kg . 2,4577 0 04.03 A 3110 289,14 04.03 B 3210 352.75 04.04 A 3300 265,98 0 04.04 B 3900 382,02 0 04.04 C 4000 157,44 0 04.04 D I a) 4410 210.76 0 04.04 D I b) 4510 219,64 ( 9 ) 04.04 D II 4610 316,36 04.04 E I a) 4710 1 382,02 04.04 E I b) 1 4800 247,76 (10)

No L 293/32 Official Journal of the European Communities 16 . 10 . 87

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

04.04 E I b) 2 5000 230,26 (") 04.04 E I c) 1 5210 172,70 04.04 E I c) 2 5250 326,98 04.04 E II a) 5310 382,02 04.04 E II b) 5410 326,98 17.02 A II 5500 42,54 (12) 21.07 F I 5600 42,54 23.07 B I a) 3 5700 102,67 23.07 B I a) 4 5800 . 133,42 23.07 B I b) 3 5900 125,43 23.07 B I c) 3 6000 104,45 23.07 B II 6100 133,42

16 . 10 . 87 Official Journal of the European Communities No L 293/33

(') For the purposes of {his 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. (*) 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) 26,31 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) 26,31 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 Finland and for products listed under, (d) of that Annex imported from Austria, — 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 60 ECU per 100 kg net weight for products listed under (p) of Annex I to Regulation (EEC) No 1767/82 imported from Austria. 0 The levy is limited to 36,27 ECU per 100 kg net weight for products listed under (h) of Annex I to Regulation (EEC) No 1767/82 imported from Switzer­ land and for products listed under (i) of that Annex imported from Finland and for products listed under (k) of that Annex imported from Austria. (10) The levy per 100 kg net weight is limited to : — 12,09 ECU for products listed under (e) of Annex I to Regulation (EEC) No 1767/82 imported from Canada, — 15,00 ECU for products listed under (f) and (g) 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 (1) of Annex I to Regulation (EEC) No 1767/82 imported from Romania or Switzerland, — 60 ECU for products listed under (p) of that Annex imported from Austria and for products listed under (s) of that Annex imported from Finland, — 101,88 ECU per 100 kg net weight for products listed under (m) of that Annex imported from Romania or Switzerland, — 65,61 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey or Yugoslavia and for products listed under (o) of that Annex imported from Bulgaria, Hungary, Israel, Romania, Turkey, Cyprus or Yugoslavia, — 55 ECU per 100 kg net weight 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 (g) of that Annex imported from Australia and New Zealand. (,2) 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 appli­ cable 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 subheadings 04.01 , 04.02, 04.03, 04.04, 17.02 A and 21.07 F I.