31973R0266

No L 30/52 Official Journal of the European Communities 1 . 2 . 73

REGULATION (EEC ) No 266/73 OF THE COMMISSION of 31 January 1973 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN provides that the component of the levy fixed by COMMUNITIES, means of a coefficient expressing the weight ratio between the milk powder contained in the product Having regard to the Treaty establishing the Euro­ and the product itself is, for the products falling pean Economic Community ; within subheading No 04.02 Bib) listed in Annex II to Regulation (EEC) No 823/68 , calculated by multi­ Having regard to Council Regulation ( EEC ) No 804/ plying the basic amount by the quantity of milk 68 (*) of 27 June 1968 on the common organization powder contained in the product ; whereas the same of the market in milk and milk products, as last applies to products falling within subheading No amended by the Act (2 ) annexed to the Treaty (3) on 04.02 B II b ) as regards the component of the levy the Accession of new Member States to the European Economic Community and the European Atomic fixed by means o| a coefficient expressing the weight ratio between the milk components con­ Energy Community, signed at Brussels on 22 January tained in the product and the product itself ; 1972, and in particular Article 14 ( 8 ) thereof ;

Whereas Article 14 of Regulation (EEC ) No 804/68 Whereas the basic amount must be equal to one hun­ provides for charging a levy on imports of the pro­ ducts listed in Article 1 of that Regulation ; whereas dredth part of the levy set out for each product in the second subparagraph of Article 9 ( 1 ) and the these products may be divided into groups ; whereas second subparagraph of Article 9 ( 2) of Regulation the product groups and the pilot groups and the ( EEC ) No 1073 /68 ; pilot product for each of these groups are set out in Annex I to Council Regulation (EEC) No 823/68 (4) of 28 June 1968 determining the groups of products and the special provisions for calculating levies on Whereas for products belonging to Group No 11 , milk and milk products, as last mended by the Act originating in and exported from third countries, for annexed to the Treaty on the Accession of new which it is found on importation into the Commu­ Member States to the European Economic Com­ nity that the rulling price is not less than 95 units of munity and the European Atomic Energy Commu­ account per 100 kg in respect of the products falling nity, signed at Brussels on 22 January 1972 ; within subheading No 04.04 E I b) 2 and No 04.04 E I b ) 3 , or not iess than 80 units of account per 100 Whereas the levy on the products in any one group kg in respect of the products falling within subhead­ must be equal to the threshold price for the pilot ing No 04.04 E I b ) 4, the levy per 100 kg is equal : product less the free-at-frontier price ; whereas these threshold prices were fixed for the 1972/73 milk — to the threshold price less 95 units of account, if year by Council Regulation ( EEC) No 648/72 ( 5 ) of the product falls within subheading No 04.04 E I 30 March 1972 ; b ) 2 aa), 04.04 E I b) 3 or 04.04 E I b ) 4 ; Whereas, however, Regulation ( EEC) No 823 /68 lays down special provisions for calculating the levy — to the sum of the following components if the on certain assimilated products ; whereas these pro­ product falls within subheading No 04.04 E I b ) ducts are listed and the method of calculating the 2 bb ) : levy on them described in Annex II and in Articles 2 to 7 of that Regulation respectively ; whereas this ( a) a component equal to the threshold price less method consists in adding together the various com­ 95 units of account ; ponents defined in those Articles ; ( b ) a component equal to 20 units of account ; Whereas Commission Regulataion (EEC) No 1073/68 ( 6) of 24 July 1968 laying down detailed — to the threshold price less 85 units of account, if rules for determined free-at-frontier prices and for the product falls within subheading Nos 04.04 E fixing levies in respect of milk and milk products I b ) 3 or 04.04 E I b ) 4.

(*) OJ No L 148 , 28 . 6. 1968, p . 13 . ( 2 ) OJ No L 73 , 27. 3 . 1972, p . 14 . Whereas, for as long as it is found that on importa­ (■3) OJ No L 73 , 27. 3 . 1972 , p . 5 . tion into the Community the price of an assimilated (4) OJ No L 151 , 30. 6 . 1968 , p. 3 . product for which the levy is not equal to the levy (5) OJ No L 79, 1 . 4 . 1972, p . 4. (") O ) No L 180, 26. 7. 1968 , p . 25 . on its pilot product is considerably lower than the

1 . 2 . 73 Official Journal of the European Communities No L 30/53

price which would obtain if the ratio to the price of in general or other information available to it lead the pilot product were normal, the levy must be the Commission to believe that the price in question equal to the sum of two components : is unrepresentative of the real trend of the market :

— one component equal to the amount resulting Whereas the prices used must be adjusted where from the provisions of Articles 2 to 7 of Regula­ they are not quoted free-at-Community-frontier or tion (EEC ) No 823/68 applicable to the assimi­ where they do not apply to products of good market­ lated product in question ; able quality ; whereas the ajustment in respect of an assimilated product the levy on which is equal to the levy on its pilot product must be effected in such — an additional component fixed at a level which, a way as to allow, in particular, for differences in the composition and quality of the assimilated composition, maturity, quality and presentation be­ product being taken into account, makes it pos­ tween the assimilated product and the related pilot sible to re-establish normal price ratios for im­ product ; whereas adjustments relating to composi­ ports into the Community ; tion must be calculated by multiplying the difference between the milk component content of the pilot product and that of the assimilated product in ques­ tion by the value attributed in international trade to one unit of weight of the milk component in ques­ Whereas Article 14 (3 ) of Regulation (EEC) No tion ; whereas the difference between the value attri­ 804/68 provides that the levy on products in respect buted on the Community market to each of the rele­ of which the customs duty has been bound within vant characteristics of the pilot product and the GATT must be limited to the amount resulting from value attributed on that market to the corresponding that binding ; characteristics of the assimilated product in question must be taken into account when the other adjust­ ments are being effected ;

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 Reg­ Whereas, if no information on prices is available, ulation ( EEC) No 823/68 ; whereas these prices the free-at-frontier price may, by way of exception, must be determined for products of good market­ be established on the basis of the value of the raw able quality ; materials contained in the pilot product in question ( calculated on the basis of the prices of milk pro­ ducts for which prices are available), average pro­ cessing costs and average yields ;

Whereas the free-at-frontier prices must be estab­ lished on the basis of the most favourable purchas­ ing opportunities in international trade for the pro­ ducts listed in Article 1 ( a) 2 and ( b) to ( g) of Regu­ Whereas, in exceptional circumstances, a free-at­ lation ( EEC ) No 804/68 other than assimilated pro­ frontier price may remain unchanged for a limited ducts for which the levy is not equal to the levy on period where the new level of the price for a given the related pilot products ; whereas, when recording quality or a specific origin, used as a basis for estab­ these purchasing opportunities , the Commission lishing the previous free-at-frontier price, has not must take account of all information obtained di­ reached the Commission to enable it to establish the rect or through the Member States concerning prices next free-at-frontier price and if the Commission for delivery of third-country products free-at­ considers that the prices which are available could Community frontier and prices on third-country lead to sudden and considerable changes in the free­ markets ; at-frontier price because they are not sufficiently representative of real market trends ;

Whereas, however, no account should be taken of Whereas, in accordance with Article 19 ( 1 ) of Regu­ information relating to small quantities which are lation ( EEC) No 804/ 68 , the nomenclature provided not representative of trade in the product in ques­ for in this Regulation is incorporated in the Com­ tion and quantities in respect of which price trends mon Customs Tariff :

No L 30 / 54 Official Journal of the European Communities 1 . 2 . 73

Whereas Article 8 of Regulation ( EEC ) No 1073 /68 HAS ADOPTED THIS REGULATION : provides that the levies are fixed every fortnight ; Article 1 . whereas they may be altered in the intervening period if necessary ; whereas the levy remains valid until The levies referred to in Article 14 ( 1 ) of Regulation another becomes applicable ; ( EEC) No 804/68 are hereby fixed as shown in the Annex to this Regulation . Article 2 Whereas it follows from applying all these provi­ sions that the levies on milk and milk products must This Regulation shall enter into force on 1 February be fixed as shown in the Annex to this Regulation ; 1973 .

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

Done at Brussels, 31 January 1973 . For the Commission P.J. LARDINOIS Member of the Commission

1 . 2 . 73 Official Journal of the European Communities No L 30/55

ANNEX

Tariff Nomenclature Levy (in u.a. /100 kg net Code CCT heading weight unless otherwise No Description of goods indicated)

04.01 Milk and cream, fresh, not concentrated or sweetened :

A. Of a fat content, by weight, not exceeding 6 % : I. Yoghourr, kephir, curdled milk, whey, buttermilk and other fermented or acidified milk : a) In immediate packings of a net capacity of 2 litres or less less 0110 13-47 b ) Other 0120 11-47 II . Other : a) In immediate packings of a net capacity of 2 litres or less and of a fat content, by weight : 1 . Not exceeding 4 % 0130 II-47 2. Exceeding 4 % 0140 14-60 b) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 10-47 2. Exceeding 4 °/o 0160 13-60

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

I. Exceeding 6 % but not exceeding 21 % 0200 34-23 II. Exceeding 21 °/o but not exceeding 45 °/o 0300 72-42 III. Exceeding 45 °/o 0400 111-92

04.02 Milk and cream , preserved, concentrated or sweetened : A. Not containing added sugar : I. Whey 0500 5-75 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 31-55 2 . Exceeding 1-5 %> but not exceeding 27 °/o 0720 63-91 3 . Exceeding 27 % but not exceeding 29 °/o 0820 65-91 4. Exceeding 29 %> 0920 81-39 b) Other, of a fat content, by weight : 1 . Not exceeding 1-5 % 1020 25-55 2. Exceeding 1·5 °/o but not exceeding 27 % 1120 57-91 3 . Exceeding 27 % but not exceeding 29 % 1220 59-91 4. Exceeding 29 °/o 1320 75-39

III. Milk and cream, other than in powder or granules : a) In hermetically sealed cans of a net capacity of 454 g or less, or in glass containers of a capacity of 0-5 litre or less and of a fat content, by weight, of 11 % or less : 1 . Of a fat content, by weight, of 8-9 % or less 1420 15-47 2 . Other 1520 20-88 b) Other, of a fat content, by weight : 1 . Not exceeding 45 °/o 1620 72-42 2 . Exceeding 45 °/o 1720 III-92

No L 30/56 Official Journal of the European Communities 1 . 2 . 73

Tariff Nomenclature Levy (in u. a. / 100 kg net Code CCT heading weight unless otherwise No Description of goods indicated)

04.02 B. Containing added sugar : (cont'd) I. Milk and cream, in powder or granules :

a) Special milk for infants (*), in hermetically sealed cans of a net capacity of 500 g or less and of a fat content, by weight (2) : 1810 29-00 1 . Exceeding 10% but not exceeding 11 %> 2. Exceeding 14*5 % but not exceeding 15-5 °/o 1910 33-00 3 . Exceeding 17 % but not exceeding 18 °/o 2010 36-00 2110 38-00 4. Exceeding 23 % but not exceeding 24 °/o

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 %> (s) 2220 0-2555 per kg (») bb) Exceeding 1·5 % but not exceeding 27 % (®) 2320 0-5791 per kg (9) cc) Exceeding 27 °/o (8) 2420 0-7539 per kg (®)

2. Other, of a fat content, by weight : 2520 aa) Not exceeding 1·5 % (3) 0-2555 per kg (10) 2620 bb) Exceeding 1-5 %> but not exceeding 27 % (8) 0-5791 per kg ( 10) 2720 cc) Exceeding 27 °/o (3) 0-7539 per kg (10)

II. Milk and cream, other than in powder or granules : a) In hermetically sealed cans of a net capacity of 454 g or 2810 29-08 less and of a fat content, by weight, not exceeding 9-5 °/o

b) Other, of a fat content, by weight : 2910 0-7242 per kg (10) 1 . Not exceeding 45 % (3) 3010 1-1192 per kg (lu) 2. Exceeding 45 °/o (3)

04.03 Butter :

3110 131-67 A. Of a fat content, by weight, not exceeding 85 °/o

B. Other 3210 160-64

04.04 Cheese and curd :

A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell, not grated or powdered : I. Of a minimum fat content of 45 % by weight, referred to dry matter, matured for at least 3 months (2) : a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg net weight of : 1 . 142-58 u.a . or more but less than 162-58 u.a . 3313 15-00 2 . 162*58 u.a . or more 3412 78-97 (")

1 . 2 . 73 Official Journal of the European Communities No L 30/57

Tariff Nomenclature Levy Code (in u.a./100 kg net CCT heading weight unless otherwise No Description of goods indicated)

04.04 b ) Vacuum-packed pieces : ( cont'd) 1 . With rind on at least one side, of a net weight : aa) Of 1 kg or more but less than 5 kg and of a free-at-frontier value (5) of 162-58 u.a. or inore but less than 190-58 u.a. per 100 kg net weight 3513 15-00 bb) Of 450 g or more and of a free-at-frontier value (5) of 190-58 u.a. or more per 100 kg net weight 3611 78-97 (") 2 . Other, of a net weight of 75 g or more but not exceeding 250 g (®) and of a free-at-frontier value (5) of 210-58 u.a. or more per 100 kg net weight 3711 78-97 (")

II . Other 3800 78-97 .

B. Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (2) 3900 80-12 (12)

C. Blue-veined cheese, nöt grated or powdered 4000 40-95

D. Processed cheese, not grated or powdered :

I. In the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese ( known as Schabziger), put up (in boxes or slices) for retail sale (7), of a free-at­ frontier value (5) of 140 u.a. or more per 100 kg net weight and of a fat content, by weight,, referred to dry matter (2) : a) Not exceeding 48 °/o in respect of the aggregate of por­ tions or slices 4111 30-00 b ) Not exceeding 48 °/o in respect of 5/6 of the aggregate of portions or slices and not exceeding 56 °/o in respect of the remaining 1 /6 4211 31-00 c) Exceeding 48 °/o but not exceeding 56 % in respect of the aggregate of portions or slices 4311 35-00

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

a) Not exceeding 36 °/o and of a fat content, by weight, referred to dry matter : 1 . Not exceeding 48 %> 4410 69-29 2. Exceeding 48 % 4510 81-13 b ) Exceeding 36 °/o 4610 161-13

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 80-12

No L 30/58 Official Journal of the European Communities 1 . 2 . 73

Tariff Nomenclature Levy (in u. a. /100 kg net Code CCT heading weight unless otherwise No Description of goods indicated)

04.04 b ) Exceeding 47 °/o but not exceeding 72 %> : (cont'd) 1 . Cheddar, including Chester 4810 71-05 2 . Tilsat, of a fat content, by weight, referred to the dry matter (2) : aa) Not exceeding 48 °/o 4920 65-89 ( 13) bb ) Exceeding 48 °/o 5020 65-89 ( 14) 3 . Kashkaval (2) 5030 65-89 ( 15) 4. Cheese of sheep's milk or buffalo milk, in containers holding brine, or in sheep- or goat-skin bottles (2) 5060 65-89 ( 15) 5 . Other 5120 65-89

c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 49-42 2 . Other 5250 140-89

II. Not specified : a) Grated or powdered 5310 80-12 b ) Other 5410 140-89

17.02 Other sugars ; sugar syrups ; artificial honey (whether or not mixed with natural honey) ; caramel : A. Lactose and lactose syrup : II . Other than that containing, in the dry state, 99 %> or more by weight of the pure product (1β) 5500 16-34

17.05 Flavoured or coloured sugars, syrups and molasses, but not includ­ ing fruit juices containing added sugar in any proportion : A. Lactose and lactose syrup 5600 16-34

23.07 Sweetened forage ; other preparations of a kind used in animal feeding : B. Other, containing starch or glucose or glucose syrup falling within subheadings Nos 17.02 B and 17.05 B, or milk prod­ ucts (8) :

I. Containing starch , or glucose or glucose syrup : a ) Containing no starch or containing 10 °/o or less by weight of starch : 1 2 3 . Containing 50 % or more but less than 75 % by weight of milk products 5700 21-16 4 . Containing 75 °/o or more by weight of milk products 5800 27-04

b ) Containing more than 10 %> but not more than 30°/o by weight of starch : 1 2 3 . Containing 50°/« or more by weight of milk products 5900 25-38

1 . 2 . 73 Official Journal of the European Communities No L 30/59

Tariff Nomenclature Levy (in u.a. /100 kg net Code weight unless otherwise CCT heading No Description of goods indicated )

23.07 c) Containing more than 30 °/o by weight of starch : ( cont'd ) 1

2 3 . Containing 50 % or more by weight of milk products 6000 21-08

II . Containing no starch, glucose or glucose syrup , but contain­ ing milk products 6100 27-04

For notes (') to (8), see notes (') to (8) of Council Regulation (EEC ) No 823/68 ( OJ No L 151 , 30. 6 . 1968). (») 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) 6 u.a .; and c) 2.16 u.a . ( 10) 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 ) 2-16 u.a . (") The levy is limited to 7-50 u.a . per 100 kg net weight . ('») The levy is limited to 6 °/o of the value for customs purposes . C 3) The levy is limited to 44-90 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation ( EEC) No 1054/68 as amended ). C 4) The levy is limited to 64-90 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation ( EEC ) No 1054/68 as amended). ( 15) The levy is limited to 44-90 u.a . per 100 kg net weight for imports from Bulgaria , Hungary , Rumania and Turkey ( Regulation (EEC ) No 1054/68 as amended ). (") Lactose and lactose syrup falling within subheading No 17.02 A 1 are , in pursuance of Regulation No 189/66/EEC , subject to the same levy as that applicable to lactose and lactose syrup falling within subheading No 17.02 A II .