No L 371 /32 Official Journal of the European Communities 30 . 12. 82
COMMISSION REGULATION (EEC) No 3546/82
of 29 December 1982
fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
consists in adding together the various components
defined in those Articles :
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 804/68
of 27 June 1968 on the common organization of the
market in milk and milk products ('), as last amended
by Regulation (EEC) No 11 83/82 (2), and in particular
Article 14(8) thereof,
Whereas Commission Regulation (EEC) No 1073/68
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 f5), provides that the
component of the levy fixed by means of a coefficient
expressing the weight ratio between the milk powder
contained in the 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 contained in the product ;
whereas the same applies to 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 components contained
in the product and the product itself ;
Having regard to the opinion of the Monetary
Committee,
Whereas the basic amount must be equal to one
hundredth part of the levy set out for each product in
the 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 product groups and the pilot groups and
the pilot product for each of these groups are set out
in Annex I to Council Regulation (EEC) No 2915/79
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
Tariff (3), as last amended by Regulation (EEC) No
3042/82 (4) ;
Whereas Annex II to Regulation (EEC) No 2915/79
listed certain products of Group 1 1 originating in and
consigned from certain non-member countries ;
whereas the levy applicable to these products is set out
in Annex I to Regulation (EEC) No 1 767/82 Q, as last
amended by Regulation (EEC) No 3336/82 (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 1982/83 milk year
by Council Regulation (EEC) No 1185/82 of 18 May
1982 f5) ;
Whereas Commission Regulation (EEC) No 3700/81
of 23 December 1981 (9) laid down detailed interim
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
are listed and the method of calculating the levy on
them described in Annex II and in Articles 2 to 1 1 of
that Regulation respectively ; whereas this method
Whereas, within the tariff quotas referred to in Annex
I to Regulation (EEC) No 1767/82, the levy on 100
kilograms of a product of Group 10 or 11 and falling
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 140, 20 . 5 . 1982, p . 1 .
P) OJ No L 329, 24 . 12. 1979, p . 1 .
H OJ No L 180, 26 . 7 . 1968 , p . 25 .
O OJ No L 196, 5 . 7 . 1982, p. 1 .
(8) OJ No L 352, 14. 12 . 1982, p . 14 .(4) OJ No L 322, 18 . 11 . 1982, p . 1 .
0 OJ No L 140, 20 . 5 . 1982, p . 4. (9) OJ No L 369, 24 . 12. 1981 , p . 33 .
30 . 12. 82 Official Journal of the European Communities No L 371 /33
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,
maturity, quality and presentation between the assimi
lated product and the related pilot product ; whereas
adjustments relating to composition must be calcu
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
buted in international trade to one unit of weight of
the milk component in question ; whereas, when the
other adjustments are being effected, the difference
between the value attributed on the 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 assimilated
product in question must be taken into account ;
Whereas, for as long as it is found that on importation
into the Community the price of an assimilated
product for which the levy is not equal to the levy on
its pilot product is considerably lower than the price
which would obtain if the ratio to the price of the
pilot product were normal, the levy must be equal to
the sum of two components :
— one component equal to the amount resulting
from the provisions of Articles 2 to 7 of Regulation
(EEC) No 2915/79 applicable to the assimilated
product in question,
— an additional component fixed at a level which,
the composition and quality of the assimilated
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
materials contained in the pilot product in question
(calculated on the basis of the prices of milk products
for which prices are available), average processing costs
and average yields ;
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 Regulation (EEC) No 1073/68 provides that a
free-at-frontier price must be established for each of
the pilot products defined in Annex I to Regulation
(EEC) 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 the new level of the price for a given
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
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
frontier price because they are not sufficiently rep
resentative of real market trends ;
Whereas the free-at-frontier prices must be established
on the basis of the most favourable purchasing oppor
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
levy is not equal to the levy on the related pilot
products ; whereas, when recording these purchasing
opportunities, the Commission must take account of
all information obtained direct or through the Member
States concerning prices for delivery of third-country
products free-at-Community-frontier and prices on
third-country markets ;
Whereas, in accordance with Article 19(1 ) of Regula
tion (EEC) No 804/68 , the nomenclature provided for
in this Regulation is incorporated in the Common
Customs Tariff ;
Whereas Article 8 of Regulation (EEC) No 1073/68
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
another becomes applicable ;
Whereas, however, no account should be taken of
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
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 :
— 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
their central rate ,
Whereas the prices used must be adjusted where they
are not quoted free-at-Community-frontier or where
they do not apply to products of good marketable
quality ; whereas the adjustment in respect of an assi
No L 371 /34 30 . 12. 82Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :
Article 1
— 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
relation to the Community currencies referred to
in the previous indent ; The import levies referred to in Article 14(1 ) of Regu
lation (EEC) No 804/68 shall be as set out in the
Annex hereto .
Article 2
Whereas it follows from applying these provisions that
the levies on milk and milk products should be as set This Regulation shall enter into force on 1 January
out in the Annex hereto, 1983 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 29 December 1982.
For the Commission
Poul DALSAGER
Member of the Commission
30 . 12. 82 Official Journal of the European Communities No L 371 /35
ANNEX
to the Commission Regulation of 29 December 1982 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 Ala) 0110 23-19
04.01 Alb) 0120 20-78
04.01 A II a) 1 0130 20-78
04.01 All a) 2 0140 25-92
04.01 A II b) 1 0150 19-57
04.01 A II b) 2 0160 24-71
04.01 B I 0200 56-19
04.01 B II 0300 118-86
04.01 B III 0400 183-69
04.02 A I 0500 16-79
04.02 A II a) 1 0620 86-88
04.02 A II a) 2 0720 140-66
04.02 A II a) 3 0820 143-08
04.02 A II a) 4 0920 160-21
04.02 A II b) 1 1020 79-63
04.02 A II b) 2 1120 133-41
04.02 A II b) 3 1220 135-83
04.02 A II b) 4 1320 152-96
04.02 A III a) 1 1420 26-11
04.02 A III a) 2 1520 35-25
04.02 A III b) 1 1620 118-86
04.02 A III b) 2 1720 183-69
04.02 B I a) 1820 36-27
04.02 B I b) 1 aa) 2220 per kg 0-7963 (4)
04.02 B I b) 1 bb) 2320 per kg 1-3341 (4)
04.02 B I b) 1 cc) 2420 per kg 1-5296 (4)
04.02 B I b) 2 aa) 2520 per kg 0-7963 0
04.02 B I b) 2 bb) 2620 per kg 1-3341 0
04.02 B I b) 2 cc) 2720 per kg 1 -5296 (*)
04.02 B II a) 2820 46-11
04.02 B II b) 1 2910 per kg 1-1886 0
04.02 B II b) 2 3010 per kg 1-8369 O
04.03 A 3110 216-11
04.03 B 3210 263-65
04.04 A 3300 1 66-68 (*)
04.04 B 3900 204-25 0
04.04 C 4000 136-17 0
04.04 D I a) 4410 142-65 0
04.04 D I b) 4510 153-77 0
04.04 D II 4610 250-49
04.04 Ela) 4710 204-25
04.04 E I b) 1 4800 190-30 H
No L 371 /36 Official Journal of the European Communities 30 . 12. 82
(ECU/100 kg net weight, unless otherwise indicated)
CCT heading No Code Import levy
04.04 E I b) 2 5000 149-69 (")
04.04 E I c) 1 5210 112-27
04.04 E I c) 2 5250 246-41
04.04 E II a) 5310 204-25
04.04 E II b) 5410 246-41
17.02 A II 5500 40-14 C 2)
21.07 F I 5600 40-14
23.07 B I a) 3 5700 62-14
23.07 B I a) 4 5800 80-46
23.07 B I b) 3 5900 75-87
23.07 B I c) 3 6000 63-74
23.07 B II 6100 80-46
30 . 12. 82 Official Journal of the European Communities No L 371 /37
(') 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) 19-59 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) 19-59 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.
0 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 or Turkey and for products listed under (m) of that Annex imported from Bulgaria, Hungary, Israel , Romania,
Turkey or Cyprus,
— to 55 ECU per 100 kg net weight for products listed under (n) of that Annex imported from Austria,
— to 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 .
( 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.
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