31973R0434
No L 43 / 8 Official Journal of the European Communities 17 . 2 . 73
REGULATION (EEC) No 434/73 OF THE COMMISSION of 16 February 1973 fixing the refunds on milk and milk products exported in the natural state
THE COMMISSION OF THE EUROPEAN — the need to avoid disturbances on the Commu COMMUNITIES, nity market ; and
Having regard to the Treaty establishing the Euro — the economic aspect of the proposed exports ; pean Economic Community ;
Having regard to Council Regulation (EEC) No 804/ Whereas Article 3 ( 1 ) of Regulation (EEC) No 68 (*) of 27 June 1968 on the common organization 876/68 provides that when prices within the Commu of the market in milk and milk products, as last nity are being determined account should be taken amended by the Act (2) annexed to the Treaty (3) on of the ruling prices which are most favourable for the Accession of new Member States to the European exportation, and that when prices in international Economic Community and the European Atomic trade are being determined particular account Energy Community, signed at Brussels on 22 January should be taken of : 1972, and in particular Article 17 (4) thereof ;
Haying regard to the Opinion of the Monetary ( a ) prices ruling on third country markets ; Committee ;
Whereas Article 17 of Regulation (EEC) No 804/68 ( b) the most favourable prices in third countries of provides that the difference between prices in inter destination for third country imports ; national trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export re (c) producer prices recorded in exporting third coun fund ; tries, account being taken, where appropriate, of subsidies granted by those countries ; and Whereas Council Regulation (EEC) No 876/68 (4) of 28 June 1968 laying down general rules for granting (d) free-at-Community-frontier offer prices ; export refunds on milk and milk products and cri teria for fixing the amount of such refunds, as amended by Regulation (EEC ) No 2429/72 (5), pro Whereas Article 4 of Regulation (EEC ) No 876/68 vides that when the refunds on the products listed in provides that the world market situation or the speci Article 1 of Regulation (EEC) No 804/68 , exported fic requirements of certain markets may make it nec in the natural state, are being fixed account must be essary to vary the refund on the products listed in taken of : Article 1 of Regulation (EEC) No 804/68 according to destination ; — the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and Whereas Article 5 ( 1 ) of Regulation ( EEC ) No prices for milk and milk products in inter 876/68 provides that the list of products on which national trade ; export refunds are granted and the amount of such refunds should be fixed at least once every four — marketing costs and the most favourable trans weeks ; whereas the amount of the refund may, port charges from Community markets to ports however, remain at the same level for more than or other points of export in the Community, as four weeks ; well as costs incurred in placing the goods on the market of the country of destination ; Whereas Article 2 of Commission Regulation (EEC) No 1098/68 (6) of 27 July 1968 on detailed rules for — the aims of the common organisation of the mar the application of export refunds on milk and milk ket in milk and milk products which are to en products, as last amended by the Act annexed to sure equilibrium and the natural development of the Treaty on the Accession of new Member States prices and trade on this market ; to the European Economic Community and the European Atomic Energy Community, signed at (») OJ No L 148, 28 . 6. 1968, p. 13 . Brussels on 22 January 1972 , provides that the (2) OJ No L 73 , 27. 3 . 1972, p. 14 . (3) OJ No L 73 , 27. 3 . 1972, p. 5 . (4) OJ No L 155 , 3 . 7. 1968 , p. 1 . (5) OJ No L 264, 23 . 11 . 1972, p. 1 . («) OJ No L 184, 29 . 7. 1968 , p. 10.
17. 2 . 73 Official Journal of the European Communities No L 45 /9
refund on products falling within subheading No central rate of these currencies and, in the case of 04.02 B is equal to the sum of two components, the US dollar, on the change in parity announced the first representing the quantity of milk products on 13 February 1973 ; and the second representing the quantity of added sucrose ; whereas, however, the latter component the European Atomic Energy Community, signed at applies only if the added sucrose was produced from Brussels on 22 January 1972 ; beet or cane harvested within the Community ; Whereas it follows from applying these rules to the Whereas for the products falling within subheading present situation on the market in milk and milk No 04.02 B II a ) or 04.02 B II b ) 1 with a fat con products, and in particular to prices for these pro tent not exceeding 9-5 °/o by weight the first compo ducts within the Community and on the world mar nent referred to above is fixed for 100 kg of the ket, that the refund should be fixed at the amounts whole product ; whereas for the other products fall shown in the Annex to this Regulation ; ing within subheading No 04.02 B this component is calculated by multiplying the basic amount by the Whereas the measures provided for in this Regula milk product content of the product in question ; tion are in accordance with the Opinion of the whereas this basic amount is the refund on 1 kilo Management Committee of Milk and Milk Products ; gramme of milk products contained in the product ;
Whereas the second component is calculated by mul tiplying the sucrose content of the product by the HAS ADOPTED THIS REGULATION : basic amount of the refund valid on the day of ex portation for the products listed in Article 1 ( 1 ) (d) Article 1 of Council Regulation No 1009/67/EEC ( x ) of 18 December 1967 on the common organization of the The refunds referred to in Article 17 of Regu market in sugar, as last amended by Regulation lation (EEC) No 804/68 on products exported in ( EEC ) No 174/73 ( 2 ) ; the natural state are hereby fixed at the amounts shown in the Annex . Whereas, if the levy system is to operate normally, levies should be calculated on the basis of an Article 2 exchange rate which is based, in the case of currencies which are floating or whose central rate differs from This Regulation shall enter into force on 19 February the official parity, on the effective rate or the 1973 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 16 February 1973 . For the Commission P.J. LARDINOIS Member of the Commission
W OJ No 308 , 18 . 12. 1967, p. 1 . (2) OJ No L 25 , 30 . 1 . 1973 , p. 1 .
No L 45/ 10 Official Journal of the European Communities 17. 2 . 73
ANNEX
Refund CCT (in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
04.01 Milk and cream, fresh , not concentrated or sweetened :
ex A. Other than whey, of a fat content, by weight, not exceeding 6 % : I. Yoghourt, kephir, curdled milk, buttermilk and other fermented or acidified milk : a) In immediate packings of a net capacity of 2 litres or less 0110 00 1-77 0120 00 — b ) Other II . Others : a) In immediate packings of a net capacity of 2 litres or less and of a fat content, by weight : 1 . Not exceeding 4 °/o : 0130 10 (aa) of a fat content, by weight, not exceeding 1·5 °/o for exports to : — countries near the Community 0-92 — other destinations 1-57 ( bb ) of a fat content, by weight, exceeding 1-5 % but not exceeding 3 % 0130 22 for exports to : — countries near the Community 1-66 — other destinations 2-76 (cc) of a fat content, by weight, exceeding 3 % 0130 31 for exports to : — countries near the Community 2-87 — other destinations 4-65 2 . Exceeding 4 % 0140 00 for exports to : 2-98 — countries near the Community — other destinations 4-08 b ) Other, of a fat content, by weight : 1 . Not exceeding 4 % : ( aa) of a fat content, by weight, not exceeding 1-5 % 0150 10 0-50 (bb ) of a fat content, by weight, exceeding 1-5 % but not exceeding 3 % 0150 21 1-66 0150 31 1-66 ( cc) of a fat content, by weight, exceeding 3 % 2 . Exceeding 4 % 0160 00 1-66
ex B. Other, excluding whey, of a fat content, by weight : I. Exceeding 6 °/o but not exceeding 21 % : ( a ) of a fat content, bv weight, exceeding 10 % but not exceeding 17% 0200 10 14-60 ( b ) of a fat content, by weight, exceeding 17 % 0200 20 23-90 II. Exceeding 21 % but not exceeding 45 % : ( a ) of a fat content, by weight, not exceeding 39 % 0300 10 29-20 ( b ) of a fat content, by weight, exceeding 39 % 0300 20 53-00 III. Exceeding 45 % 0400 00 61-10
17. 2 . 73 Official Journal of the European Communities No L 45/ 11
Refund CCT ( in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
04.02 Milk and cream, preserved, concentrated or sweetened : A. Not containing added sugar : 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 00 12-00 2 . Exceeding 1-5 % but not exceeding 27 % : ( aa ) of a fat content, by weight, not exceeding 11 % 0720 10 12-00 ( bb ) of a fat content, by weight, exceeding 11 % but not exceeding 17 % 0720 20 26-10 ( cc) of a fat content, by weight, exceeding 17 % but not exceeding 25 % 0720 30 31-65 ( dd) of a fat content, by weight, exceeding 25 % 0720 40 39-00 0820 00 40-85 3 . Exceeding 27 % but not exceeding 29 % 4 . Exceeding 29 % : 0920 10 42-70 ( aa ) of a fat content, by weight, not exceeding 41 % 0920 20 53-75 ( bb ) of a fat content, by weight, exceeding 41 %> b ) Other, of a fat content, by weight : 1020 00 12-00 1 . Not exceeding 1*5 % 2 . Exceeding 1*5 % but not exceeding 27 °/o : ( aa) of a fat content, by weight, not exceeding 11 °/o 1120 10 12-00 ( bb ) of a fat content, by weight, exceeding 11 °/o but not exceed ing 17 °/o 1120 20 26-10 ( cc) of a fat content, by weight, exceeding 17°/o but not exceed ing 25 °/o 1120 30 31-65 1120 40 39-00 (dd ) of a fat content, by weight, exceeding 25 % 1220 00 40-85 3 . Exceeding 27 % but not exceeding 29 % 4 . Exceeding 29 °/o : 1320 10 42-70 ( aa) of a fat content, by weight, not exceeding 41 % 1320 20 53-75 ( bb ) of a fat content, by weight, exceeding 41 % 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 containing 0·5 litres or less and of a fat content, by weight, not exceeding 11 °/o :
No L 45/ 12 Official Journal of the European Communities 17 . 2 . 73
Refund CCT (in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
04. 02 ex 1 . Of a fat content, by weight, not exceeding 8-9 % : (cont'd) ( aa) of a fat content, by weight, exceeding 3 % but not excee ding 7 % 1420 10 4-85 ( bb ) of a fat content, by weight, exceeding 7 % 1420 20 11-50 2 . Other - 1520 00 13-15 b ) Other, oí a fat content, by weight : ex 1 . Not exceeding 45 % : ( aa ) of a fat content, by weight, exceeding 3 % but not exceeding 7 % 1620 10 4-85 ( bb ) of a fat content, by weight, exceeding 7 % but not exceeding 8-9 % 1620 20 11-50 ( cc) of a fat content, by weight, exceeding 8-9 % but not exceeding 11 % 1620 30 13-15 ( dd) of a fat content, by weight, exceeding 11 % but not exceeding 21 % 1620 40 14-60 ( ee) of a fat content, by weight, exceeding 21 % but not exceeding 39 % 1620 50 29-20 (ff) of a fat content, by weight, exceeding 39 % 1620 60 53-00 2 . Exceeding 45 % 1720 00 61-10
B. Containing added sugar : L Milk and cream , in powder or granules : ex b ) Other, excluding whey : 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 % 2220 00 0-1200 i 1 ) per kg bb ) Exceeding 1-5 % but not exceeding 27 % : ( 11 ) of a fat content, by weight, not exceeding 11 % 2320 10 0-1200 i 1 ) per kg ( 22) of a fat content, by weight, exceeding 11 % but not exceeding 17 % 2320 20 0-2610 i 1 ) per kg (33 ) of a fat content, by weight, exceeding 17 % but not exceeding 25 % 2320 30 0-3165 i 1 ) per kg (44 ) of a fat content, by weight, exceeding 25 % 2320 40 0-3900 t 1 ) per kg cc) Exceeding 27 % : ( 11 ) of a fat content, by weight, not exceeding 41 % 2420 10 0-4085 H per kg (22 ) of a fat content, by weight, exceeding 41 % 2420 20 0-5375 i 1 ) per kg 2 . Other, of a fat content, by weight : aa ) Not exceeding 1-5 °/o 2520 00 0-1200 (») per kg
17 . 2 . 73 Official Journal of the European Communities No L 45 / 13
Refund CCT (in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
04.02 bb ) Exceeding 1-5 % but not exceeding 27 % : ( cont'd ) ( 11 ) of a fat content, by weight, not exceeding 11 % 2620 10 0-1200 i 1 ) per kg (22) of a fat content, by weight, exceeding 11 % but not exceeding 17 % 2620 20 0-2610 i1) per kg ( 33 ) of a fat content, by weight, exceeding 17 % but not exceeding 25 % 2620 30 0-3165 i 1) per kg (44) of a fat content, by weight, exceeding 25 % 2620 40 0-3900 H per kg cc) Exceeding 27 % : ( 11 ) of a fat content, by weight not exceeding 41 °/o 2720 10 0-4085 (*) per kg (22 ) of a fat content, by weight, exceeding 41 % 2720 20 0-5375 i 1 ) per kg
ex II . Milk and cream , excluding whey other than in powder or granules :
ex a ) In hermetically sealed cans of a net capacity of 454 g or less and of a fat content, by weight, not exceeding 9-5 % : ( 1 ) of a fat content, by weight, not exceeding 6-9 % and of a lactic dry matter content, by weight of 15°/o or more 2810 10 4-00 (2) (2) of a fat content, by weight, exceeding 6-9 °/o and of a lactic dry matter content, by weight of 15% or more 2810 20 14-50 H
b ) Other, of a fat content, by weight :
ex 1 . Not exceeding 45 % : ( aa) of a fat content, by weight, not exceeding 6·9 % and of lactic dry matter content, by weight of 15 % or more 2910 70 4-00 ( 2) (bb ) of a fat content, by weight, exceeding 6·9 % but not exceeding 9-5 % and of a lactic dry matter content, by weight, of 15 °/o or more 2910 75 14-50 (2) ( cc) of a fat' content, by weight, exceeding 9-5 % but not exceeding 21 % and of a lactic dry matter content, by weight, less than 15 °/o 2910 80 0-1460 (!) per kg (dd) of a fat content, by weight, exceeding 21 °/'o but not exceeding 39 % 2910 85 0-2920 H per kg (ee) of a fat content, by weight, exceeding 39 % 2910 90 0-5300 H per kg 2 . Exceeding 45 % 3010 00 0-6110 i 1 ) per kg
No L 4V14 Official Journal of the European Communities 17 . 2 . 73
Refund CCT (in u.a ./100 kg heading Description of goods Code net weight No unless otherwise indicated)
04.03 Butter : ex A. Of a fat content, by weight, not exceeding 85 % : 3110 11 102-60 (I ) of a fat content, by weight, of 78 °/o or more, but less than 80 % 3110 21 107-30 (II) of a fat content, by weight, of 80 % or more, but less than 82 °/o 3110 31 110-00 (III) of a fat content, by weight, of 82 °/o or more
B. Other, of a fat content, by weight : 3210 10 110-00 ( I) Not exceeding 99-5 °/o 3210 20 150-00 ( II ) Exceeding 99-5 °/o
04.04 Cheese and curd : ex A. Emmentaler and Gruyère, not grated or powdered : II . Other 3800 00 for exports to : 13-80 — Zone D — — Liechtenstein and Switzerland 26-80 — Austria 49-80 — other destinations 4000 00 41-50 ex C. Blue-veined cheese, not grated or powdered , other than Roquefort D. Processed cheese, not grated or powdered : II. Other, of a fat content, by weight : a) Not exceeding 36°/o and of a fat content, by weight, referred to dry matter : ex 1 . Not exceeding 48 % and of a fat content, by weight, referred to dry matter : ( aa) Of 33 % or more but less than 38 % 4410 10 for exports to : ~~~ — Zone D 16-60 — Switzerland 17-60 — other destinations ( bb ) Of 38 % or more but less than 43 % and of a fat content, by weight, referred to dry matter : ( 11 ) Less than 20 % 4410 20 for exports to : — Zone D 16-60 — Switzerland 17-60 — other destinations
17. 2. 73 Official Journal of the European Communities No L 45 / 15
»
Refund CCT (in u.a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
04.04 ( 22) Of 20 °/o or more 4410 30 ( cont'd ) for exports to : — Zone D — Switzerland 25-00 — other destinations 26-00 (cc) Of 43 °/o or more and of a fat content, by weight, referred to dry matter : 4410 40 ( 11 ) Less than 20 °/o for exports to : — Zone D — Switzerland 16-60 — other destinations 17-60 (22) Of 20 % or more but less than 40 °/o 4410 50 for exports to : — Zone D — Switzerland 25-00 — other destinations 26-00 (33 ) Of 40 °/o or more 4410 60 for exports to : — Zone D — Switzerland 37-70 — other destinations 43-70
ex 2 . FvceeHine; 48 °/o and of a content, by weight, referred to dry matter : ( aa) Of 33 % or more but less than 38 % 4510 10 for exports to : — Zone D — Switzerland 16-60 — other destinations 17-60 (bb ) Of 38 % or more but less than 43 % 4510 20 for exports to : — Zone D — Switzerland 25-00 — other destinations 26-00 (cc) Of 43 % or more but less than 46 % 4SÍ0 3Q for exports to : — Zone D — Switzerland 32-70 — other destinations 43-70 (dd) Of 46% or more and of a fat content, by weight, referred to dry matter : ( 11 ) Less than 55 °/o 4510 40 for exports to : — Zone D — Switzerland 32-70 — other destinations 43-70
No L 43 / 16 Official Journal of the European Communities 17. 2 . 73
Refund CCT (in u. a. / 100 kg heading Description of goods Code net weight No unless otherwise indicated) '
04.04 (22) Of 55 % or more 4510 50 (cont'd) for exports to : — Zone D — Switzerland 38-00 — other destinations 51-00 b) Exceeding 36 % 4610 00 for exports to : — Zone D —■ Switzerland 38-00 — other destinations 51-00
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 not-fatty matter : ex a) Not exceeding 47 °/o ; ( 1 ) Grana, Parmigiano, Reggiano 4710 11 51-60 (2) Fiore Sardo, Pecorino 471016 66-60 (3 ) Other, of a fat content, by weight, referred to dry matter of 30 % or more 4710 21 51-60 b) Exceeding 47 % but not exceeding 72 % : ex 1 . Cheddar, including Chester of a fat content, by weight, re ferred to dry matter of 48 % or more matured for 481 0 11 (aa) less than 3 months for exports to : — — Zone D — other destinations 48-10 (bb) 3 months or more 4810 21 for exports to : — Zone D — — other destinations 48-10 ex 2. Tilsit, of a fat content, by weight, referred to dry matter : ex aa) Exceeding 39 % but not exceeding 48 % 4921 00 for exports to : — Zone D — — Switzerland 11-80 — other destinations 43-80 ex 5 . Other, of a fat content, by weight, referred to dry matter : ( aa) Less than 19 % and of a content, by weight, referred to dry matter of 32 °/o or more 5120 10 9-80 -
17. 2 . 73 Official Journal of the European Communities No L 45 / 17
Refund CCT (in u. a. /100 kg Description of goods Code heading net weight No unless otherwise indicated)
04.04 (bb) Of 19 °/o or more but less than 39 °/o and of a water (cont'd) content, calculated by weight, of the non-fatty matter not exceeding 62 °/o 5120 20
for exports to : — Switzerland 11-80 — other destinations 28-00 ( cc) Of 39 % or more : ( 11 ) Asiago, Caciocavallo, Provolone, Ragusano 5120 30
for exports to : — Switzerland 11-80 — other destinations 44-40 (22) Cantal, Danbo, Edam, Fontal , Fontina, Fynbo, Gouda, Havarti, Maribo, Samso 5120 41
for exports to : — Zone D — Zone E (4 ) 36-70 — Switzerland 11-80 — other destinations 43-80 (33 ) Butterkase, Esrom, Italico, Kernhem , Saint-Nec taire, Saint-Paulin, Taleggio 5120 51
for exports to : — Zone D — Zone E ( 4) 34-70 — Switzerland 11-80 — other destinations 40-00 (44 ) Other, of a water content, calculated by weight, of the non-fatty matter : ( aaa) Exceeding 47 °/o but not exceeding 52 °/o 5120 60
for exports to : — Switzerland 11-80 — other destinations 44-40 ( bbb) Exceeding 52 °/o but not exceeding 62 % 5120 70
for exports to : — Zone D — Zone F 36-70 — Switzerland 11-80 — other destinations 43-80
II . Other : ex a) Grated or powdered, of a dry matter content, by weight, of 85 % or more, of a fat content by weight exceeding 20 % and of a lactose content by weight, less than 5 %> 5310 00 40-50
No L 45 / 18 Official Journal of the European Communities 17 . 2 . 73
Refund CCT (in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)
23.07 Sweetened forage ; other preparations of a kind used in animal feeding :
ex B. Other, containing starch, glucose or glucose syrup falling within sub headings Nos 17.02 B and 17.05 B, or milk products, excluding special compound feedingstuffs (3) :
I. Containing starch, or glucose or glucose syrup :
a) Containing no starch or containing 10 % or less by weight of starch :
3 . Containing 50 °/o or more but less than 75 °/o by weight of milk products and containing, by weight, 5700 11 — (aa) less than 30 % (bb ) 30 % or more but less than 40 °/o 5700 21 4-80 (cc) 40 °/o or more but less than 50 °/o 5700 31 6-30 (dd) 50 % or more but less than 60 % 5700 40 7-80 (ee) 60 °/o or more but less than 70 % 5700 50 9-30 (ff) 70 °/o or more 5700 60 10-80 of skimmed-milk powder falling within subheading 04.02 A II b ) 1
4 . Containing 75 %> or more by weight of milk products and con taining, by weight, (aa) less than 30 °/o 5800 11 — (bb) 30 °/o or more but less than 40 % 5800 21 4-80 ( cc) 40 °/o or more but less than 50 % 5800 30 6-30 ( dd) 50 % or more but less than 60 °/o 5800 40 7-80 (ee) 60 °/o or more but less than 70 °/o 5800 50 9-30 (ff) 70 °/o or more but less than 75 °/o 5800 60 10-80 (gg) 75 % or more but less than 80 °/o 5800 70 10-80 (hh) 80 % or more 5800 80 10-80 of skimmed-milk powder falling within subheading 04.02 A II b) 1
(>) The weight of added non-lactic matter and lactose should be disregarded for the purpose of calculating fat content . The refund 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) a component calculated in accordance with the provisions of Ar tide 2 (.3 ) Regulation (EEC) No 1098/68 . (2) The refund on 100 kg of product falling within this subheading is equal to the sum of the following components : ( a ) the amount per 100 kg shown and ( b) a component calculated in accordance with the provisions of Article 2 (3 ) of Regulation (EEC) No 1098/68 . (3) ' Special compound feedingstuffs ' are feedingstuffs containing : ( a) skimmed-milk powder , ( b ) fish meal and ( c) active carbon or a mixture of tartrazine yellow ( E102) and patent blue V ( E131 ) or cochienal red A ( E124) or patent blue V (E131 ). (') Zone E = Territories of the United States of America on the American continent , including Hawaii . N.B. : For the purposes of this Regulation ' countries near the Community ' means : Zone D , Austria , Liechtenstein , Switzerland , Yugoslavia plus the destinations indicated in Article 2 of Regulation No 1041 /67/ EEC . Zones A , B , C , D and E are those defined in Regulation ( EEC ) No 1098 /68 as amended ( OJ No L 184 , 29 . 7 . 1968 , p. 10).
The weight of non-milk fat should be disregarded for the purposes of calculating fat contcnt.