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 Regulation (EEC) No 950/68 on the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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 (1), as last amended by Regulation (EEC) No 1761/78 (2), and in particular Article 14 (6) thereof,

Having regard to the proposal from the Commission,

Whereas the provisions of Council Regulation (EEC) No 823/68 of 28 June 1968 determining the groups of products and the special provisions for calculating levies on milk and milk products (3), as last amended by Regulation (EEC) No 1000/78 (4), have been altered several times ; whereas it seems desirable for the sake of clarity to recast this Regulation;

Whereas the products referred to in Article 1 (a) (2) and (b) to (g) of Regulation (EEC) No 804/68 should be divided into groups, each group being composed of products with sufficiently comparable characteristics for trade purposes ; whereas the most representative product for each group should be described as the pilot product;

Whereas, however, special provisions must be made for calculating the levy on assimilated products where the levy calculated for the pilot product does not correspond to the difference between the prices of those products in world trade and on the Community market;

Whereas, for products in small packages, the levy must be calculated on the basis not only of the price difference for the product itself but also of a fixed component intended to give a certain amount of protection to the Community processing industry;

Whereas, for products containing sugar, the levy must include a fixed component representing the value of the sugar used in their manufacture ; whereas in such cases the milk component of the levy on those products must be derived by means of a coefficient expressing the weight ratio between the milk ingredients and the product itself;

Whereas, for powders with a fat content of over 1 75 %, the levy, or in the case of compound products or products in small packages the milk component of the levy, should be calculated on the basis of the fat content of the pilot product unless the fat content of those various products is greater than that of the pilot product ; whereas, in the latter case, the levy or the milk component of the levy must be calculated on the basis of a standard fat content corresponding to that of the products on the market;

Whereas the most usual ingredients of compound feedingstuffs and those having most effect on price formation are cereal products and milk products ; whereas, therefore, provision should be made for calculating the levy on these foodstuffs on the basis of their starch and milk product content ; whereas, however, a starch content of not more than 10 % need not be taken into account ; whereas, with this method of calculation, feedingstuffs must be grouped under tariff headings according to the contents referred to above and a standard starch and milk product content must be taken into account for each tariff heading ; whereas the lowest possible starch content and the highest possible milk product content should be used for this purpose ; whereas, in fact, milk ingredients have a much greater effect on price formation than cereal ingredients ; whereas the cereal component of the levy may be derived, on the basis of the starch content assumed, from the average levy on maize, that being the product most commonly used in the manufacture (1)OJ No L 148, 28.6.1968, p. 13. (2)OJ No L 204, 28.7.1978, p. 6. (3)OJ No L 151, 30.6.1968, p. 3. (4)OJ No L 130, 18.5.1978, p. 7.

of compound feedingstuffs ; whereas the most usual milk ingredient of compound feedingstuffs is skimmed-milk powder ; whereas, therefore, the levy on that product should be used to calculate the milk component of the levy ; whereas the levy on compound feedingstuffs must include a fixed component for the protection of the processing industry ; whereas the component is likely to offset the disparity between Community prices and world market prices for products other than cereals and milk products which may be used in compound feedingstuffs;

Whereas, for processed cheeses other than those derived from Emmentaler, Gruyère or Appenzell and for the same reasons as led to the adoption of the present system, a system for deriving the levy should be adopted which is identical to that used for those products hitherto ; whereas a central feature of this system is the use as calculation factors of the levies on butter and on the pilot product of Group 11 ; whereas a change in the manufacturing process of these products and a growth in demand for a product with a higher fat content have shown that the percentages used hitherto for such derivation do not in all cases allow the objectives of the levy system to be attained ; whereas, therefore, they must be fixed at more suitable levels;

Whereas the quantity of primary milk products required for the manufacture of fresh cheeses and curds is less than that required for the manufacture of the pilot product of the group ; whereas, therefore, a levy derived from the levy on the pilot product should be applied to these primary products, that levy being adjusted by a coefficient expressing the overall ratio of the abovementioned quantities;

Whereas for certain kinds of fresh, condensed or concentrated milk with a high fat content the levy may be calculated on the basis of the levy on butter, using standard coefficients representing the fat content ratio ; whereas the same applies to butter other than that falling within the same tariff subheading as the pilot product;

Whereas, because of their composition and in particular their very high fat content, certain products falling within subheading 04.04 E II are likely, after importation into the Community, to be used as a basic product in place of butter for the manufacture of other goods ; whereas, consequently, the levy must be fixed at a level which will ensure that outlets for Community produced butter used in the manufacture of these other goods are not diminished by the importation of the products in question;

Whereas the import levy on special milk for infants, Tilsit cheese and processed cheeses derived from Emmentaler, Gruyère or Appenzell as well as Cheddar and other cheeses intended for processing must be calculated consistently with relevant Community commitments;

Whereas the tariff nomenclature resulting from application of this Regulation is adopted in the Common Customs Tariff,

HAS ADOPTED THIS REGULATION:

Article 1

1. The groups of products referred to in Article 14 (3) of Regulation (EEC) No 804/68 and the pilot product for each group shall be as indicated in Annex I.

2. The description of the goods mentioned in this Regulation shall be as listed in Annex II.

Article 2

The levy on 100 kilograms of a product in Group 2 shall be equal: 1. if it falls within subheading 04.02 A II a) 1, to the sum of the following components: (a) a component equal to the levy on the pilot product ; and

(b) a component equal to 7 725 ECU;

2. if it falls within subheading 04.02 B I b) 1 aa), to the sum of the following components: (a) a component calculated in accordance with point 3 (a);

(b) a component equal to 7 725 ECU ; and

(c) a component to take account of the quantity of added sugar;

3. if it falls within subheading 04.02 B I b) 2 aa), to the sum of the following components: (a) a component equal to the levy on the pilot product, multiplied by a coefficient expressing the weight ratio between the milk powder content of the product and the product itself ; and

(b) a component to take account of the quantity of added sugar;

4. if it falls within subheading ex 23.07 B, to the sum of the following components: (a) a component applicable only if the starch content of the product in question exceeds 10 %, such component being equal to the average of the levies for 100 kilograms of maize, multiplied by a coefficient of: - 0 716 for products falling within subheading 23.07 B I b) 3,

- 0 750 for products falling within subheading 23.07 B I c) 3.

The average of the levies on 100 kilograms of maize shall be equal to the average of the levies calculated for the first 25 days of the month preceding the month of importation, adjusted where necessary by reference to the threshold price ruling in the month of importation;

(b) a component equal to the levy on the pilot product of Group 2 multiplied by a coefficient of: - 0 775 for products falling within subheading 23.07 B I a) 3,

- 0 798 for products falling within subheadings 23.07 B I a) 4 and 23.07 B II,

- 0 790 for products falling within subheading 23.07 B I b) 3,

- 0 770 for products falling within subheading 23.07 B I c) 3;

(c) a component equal to 2 742 ECU.

Article 3

The levy on 100 kilograms of a product in Group 3 shall be equal: 1. if it falls within subheading 04.02 A II a) 2, to the sum of the following components: (a) a component equal to the levy on the pilot product ; and

(b) a component equal to 7 725 ECU;

2. if it falls within subheading 04.02 A II a) 3, to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 4 ; and

(b) a component equal to 7 725 ECU;

3. if it falls within subheading 04.02 A II a) 4, to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 5 ; and

(b) a component equal to 7 725 ECU;

4. if it falls within subheading 04.02 A II b) 3, to the sum of the following components: (a) a component equal to the levy on the pilot product ; and

(b) a component equal to 2 742 ECU;

5. if it falls within subheading 04.02 A II b) 4, to the sum of the following components: (a) a component equal to the levy on the pilot product ; and

(b) a component fixed on the basis of the amount by which the value of a product falling within that subheading and with a fat content by weight of 45 %, or with a higher fat content if it is found that products with a higher content are on the market, exceeds the value of the pilot product;

6. if it falls within subheading 04.02 B I a), to 36 727 ECU;

7. if it falls within subheading 04.02 B I b) 1 bb), to the sum of the following components: (a) a component calculated in accordance with point 9 (a);

(b) a component equal to 7 725 ECU ; and

(c) a component to take account of the quantity of added sugar;

8. if it falls within subheading 04.02 B I b) 1 cc), to the sum of the following components: (a) a component calculated in accordance with point 10 (a);

(b) a component equal to 7 725 ECU ; and

(c) a component to take account of the quantity of added sugar;

9. if it falls within subheading 04.02 B I b) 2 bb), to the sum of the following components: (a) a component equal to the levy on the pilot product, multiplied by a coefficient expressing the weight ratio between the milk powder contained in the product and the product itself ; and

(b) a component to take account of the quantity of added sugar;

10. if it falls within subheading 04.02 B I b) 2 cc), to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 5, multiplied by a coefficient expressing the weight ratio between the milk powder contained in the product and the product itself ; and

(b) a component to take account of the quantity of added sugar.

Article 4

The levy on 100 kilograms of a product in Group 4 and falling within subheading 04.02 A III a) 2 shall be equal to the levy on the pilot product multiplied by a coefficient of 1 735.

Article 5

The levy on 100 kilograms of a product in Group 6 shall be equal: 1. if it falls within subheading 04.01 A I a), to the sum of the following components: (a) a component calculated in accordance with point 5 (a);

(b) a component calculated in accordance with point 5 (b);

(c) a component equal to 6 704 ECU;

2. if it falls within subheading 04.01 A I b), to the sum of the following components: (a) a component calculated in accordance with point 5 (a);

(b) a component calculated in accordance with point 5 (b);

(c) a component equal to 3 763 ECU;

3. if it falls within subheading 04.01 A II a) 1, to the sum of the following components: (a) a component calculated in accordance with point 5 (a);

(b) a component calculated in accordance with point 5 (b);

(c) a component equal to 3 763 ECU;

4. if it falls within subheading 04.01 A II a) 2, to the sum of the following components: (a) a component calculated in accordance with point 6 (a);

(b) a component calculated in accordance with point 6 (b);

(c) a component equal to 3 763 ECU;

5. if it falls within subheading 04.01 A II b) 1, to the sum of the following components: (a) a component equal to the levy on the pilot product of Group 2, multiplied by a coefficient of 0 70862;

(b) a component equal to the levy on the pilot product of Group 6, multiplied by a coefficient of 0 70476;

(c) a component equal to 2 742 ECU;

6. if it falls within subheading 04.01 A II b) 2, to the sum of the following components: (a) a component equal to the levy on the pilot product of Group 2, multiplied by a coefficient of 0 70862;

(b) a component equal to the levy on the pilot product of Group 6, multiplied by a coefficient of 0 70714;

(c) a component equal to 2 742 ECU.

However, where the price on importation into the Community of a product falling within subheading 04.01 A is recorded as not being in a normal relationship to the prices usually prevailing in respect of other milk products, a levy may be fixed equal to the sum of the following components: (a) a component equal to the amount resulting from the provisions laid down in the preceding subparagraph;

(b) an additional component fixed at a level allowing the normal relationship between the price of the product in question and the prices of other milk products on importation into the Community to be re-established.

Article 6

The levy on 100 kilograms of a product in Group 6 shall be equal: 1. if it falls within subheading 04.01 B I, to the levy on the pilot product multiplied by a coefficient of 0 726;

2. if it falls within subheading 04.01 B II or 04.02 A III b) 1, to the levy on the pilot product multiplied by a coefficient of 0 755;

3. if it falls within subheading 04.01 B III or 04.02 A III b) 2, to the levy on the pilot product multiplied by a coefficient of 0 785;

4. if it falls within subheading 04.02 B II b) 1, to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 2, multiplied by a coefficient expressing the weight ratio between the milk ingredients of the product and the product itself ; and

(b) a component to take account of the quantity of added sugar;

5. if it falls within subheading 04.02 B II b) 2, to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 3, multiplied by a coefficient expressing the weight ratio between the milk ingredients of the product and the product itself ; and

(b) a component to take account of the quantity of added sugar;

6. if it falls within subheading 04.03 B, to the levy of the pilot product multiplied by a coefficient of 1 722.

Article 7

The levy on 100 kilograms of a product in Group 7 shall be equal: - if it falls within subheading 04.04 A I a) 1 or 04.04 A I b) 1 aa) to 18 713 ECU,

- if it falls within subheading 04.04 D I, to 36 727 ECU.

Article 8

The levy on a product belonging to Group 9 and falling within subheading 04.04 B shall be limited to 6 % of its customs value.

Article 9

1. Within the tariff quotas referred to in paragraph 2, the levy on 100 kilograms of a product in Group 10 or 11 and falling within subheadings 04.04 E I b) 1 (aa), 04.04 E I b) 1 (bb), 04.04 E I b) 1 (cc) and 04.04 E I b) 5 (aa) in Annex II to this Regulation shall be equal to 12 709 ECU.

2. The said annual tariff quotas shall be as follows: (a) 2 750 tonnes for a product falling within subheading 04.04 E I b) 1 (aa);

(b) 9 000 tonnes for a product falling within subheading 04.04 E I b) 1 (bb);

(c) 3 500 tonnes for products falling within subheadings 04.04 E I b) 1 (cc) and 04.04 E I b) 5 (aa).

3. The rules of application of this Article shall be decided in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.

Article 10

The levy on 100 kilograms of a product in Group 11 shall be equal: 1. if it falls within subheading 04.04 D II a) 1, to the sum of the following components: (a) a component equal to 80 % of the levy on the pilot product of Group 11;

(b) a component equal to 5 % of the levy on the pilot product of Group 6 ; and

(c) a component equal to 12 709 ECU;

2. if it falls within subheading 04.04 D II a) 2, to the sum of the following components: (a) a component equal to 60 % of the levy on the pilot product of Group 11;

(b) a component equal to 24 % of the levy on the pilot product of Group 6 ; and

(c) a component equal to 12 709 ECU;

3. if it falls within subheading 04.04 D II b), to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 2 ; and

(b) a component equal to 96 772 ECU;

4. if it falls within subheading 04.04 E I c) 1, to 75 % of the levy on the pilot product;

5. if it falls within subheading 04.04 E I c) 2 or 04.04 E II b), to the sum of the following components: (a) a component equal to the levy on the pilot product of Group 11 ; and

(b) a component equal to 96 772 ECU.

Article 11

When it is observed that the price on importation into the Community from non-member countries of products falling within Group 11, originating in and coming from those non-member countries, is not less than: - 181 734 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) 2, or

- 193 743 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) 3, or

- 175 730 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) 4,

the levy applicable per 100 kilograms shall be equal: 1. if the product falls within subheading 04.04 E I b) 2 aa), to the threshold price less 181 734 ECU;

2. if the product falls within subheading 04.04 E I b) 3 or 04.04 E I b) 4, to the threshold price less 193 743 ECU;

3. if the product falls within subheading 04.04 E I b) 2 bb), to the sum of the following components: (a) a component equal to the levy calculated in accordance with point 1;

(b) a component equal to 24 718 ECU.

Article 12

Where the price on importation into the Community of an assimilated product, the levy on which differs from that on its pilot product, is recorded as being considerably less than the price which would normally apply in relation to the price of the pilot product, the levy shall be equal to the sum of the following components: (a) a component equal to the amount resulting from those provisions of Articles 2 to 7 which apply to the assimilated product in question ; and

(b) an additional component fixed at a level allowing the normal relationship between prices on importation into the Community to be re-established, taking into consideration the composition and quality of the assimilated products.

Article 13

A component to take account of the quantity of added sugar shall be equal to the average of the levies on 50 kilograms of white sugar during the first 20 days of the month preceding the month when the levy on the milk product in question is applicable.

Article 14

1. The milk product content of products falling within subheading ex 23.07 B, when imported from third countries, shall be determined by applying a coefficient of 2 to the lactose content per 100 kilograms of the product in question.

2. The methods for defining the starch content of products falling within subheading ex 23.07 B shall be determined according to the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 (1).

Article 15

1. Regulation (EEC) No 823/68 is hereby repealed.

2. In all Community instruments where there is reference to Regulation (EEC) No 823/68 or to certain Articles thereof, that reference shall be considered to refer to this Regulation or to the corresponding Articles thereof.

Article 16

The Common Customs Tariff annexed to Regulation (EEC) No 950/68 is hereby amended in accordance with Annex III to this Regulation.

Article 17

This Regulation shall enter into force on 1 January 1980.

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

Done at Brussels, 18 December 1979.

For the Council

The President

B. LENIHAN (1)OJ No L 281, 1.11.1975, p. 1.

ANNEX I

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ANNEX II

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NB:

For the purposes of heading No 04.04, the exchange rate to be applied in converting into national currencies the ECU referred to in the subdivisions of this heading shall, notwithstanding general rule C 3 contained in Part I, Section I, of the Common Customs Tariff, be the representative rate, if such rate is fixed for the purposes of the common agricultural policy.

ANNEX III

The Common Customs Tariff is amended as follows: 1. The text of Additional Note 4 to Chapter 4 is replaced by the following:

"4. The expression "whole cheeses", as used in subheading 04.04 A I a), shall be taken to apply to whole cheeses of the conventional flat cylindrical shape of the following net weights: - Emmentaler : not less than 60 kg but not more than 130 kg,

- Gruyère and Sbrinz : not less than 20 kg but not more than 45 kg,

- Bergkäse : not less than 20 kg but not more than 60 kg,

- Appenzell : not less than 6 kg but not more than 8 kg."

2. Heading No 04.04 is amended as follows: >PIC FILE= "T0011600">

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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 Regulation (EEC) No 950/68 on the Common Customs Tariff

Modified by

Council Regulation (EEC) No 169/87 of 19 January 1987 amending Regulation (EEC) No 2915/79 as regards the application of the annual tariff quotas for certain cheeses from Norway