31973R1443

No L 144/44 Official Journal of the European Communities 31 . 5 . 73

REGULATION (EEC) No 1443 /73 OF THE COMMISSION of 29 May 1973 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN rules for determined free-at-frontier prices and for COMMUNITIES, fixing levies in respect of milk and milk products provides that the component of the levy fixed by Having regard to the Treaty establishing the Euro­ means of a coefficient expressing the weight ratio pean Economic Community ; between the milk powder contained in the product and the product itself is, for the products falling Having regard to Council Regulation (EEC) No 804/ within subheading No 04.02 Bib) listed in Annex II 68 (*) of 27 June 1968 on the common organization to Regulation (EEC) No 823/68 , calculated by multi­ of the market in milk and milk products, as last plying the basic amount by the quantity of milk amended by the Act (2) annexed to the Treaty (3) on powder contained in the product ; whereas the same the Accession of new Member States to the European applies to products falling within subheading No Economic Community and the European Atomic 04.02 B II b) as regards the component of the levy Energy Community, signed at Brussels on 22 January fixed by means of a coefficient expressing the 1972, and in particular Article 14 ( 8 ) thereof ; weight ratio between the milk components con­ tained 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 hun­ dredth part of the levy set out for each product in Whereas Article 14 of Regulation (EEC) No 804/68 the second subparagraph of Article 9 ( 1 ) and the provides for charging a levy on imports of the pro­ second subparagraph of Article 9 (2) of Regulation ducts listed in Article 1 of that Regulation ; whereas ( EEC ) No 1073 /68 ; 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 Whereas for products belonging to Group No 11 , Annex I to Council Regulation (EEC) No 823/68 (4) originating in and exported from third countries, for of 28 June 1968 determining the groups of products which it is found on importation into the Commu­ and the special provisions for calculating levies on nity that the rulling price is not less than 95 units of milk and milk products, as last amended by Regu­ account per 100 kg in respect of the products falling lation (EEC) No 1354/73 (5) ; within subheading No 04.04 E I b) 2 and No 04.04 E I b ) 3 , or not less 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 1973 /74 milk — to the threshold price less 95 units of account, if year by Council Regulation (EEC) No 1190/73 (6 ) of the product falls within subheading No 04.04 E I 8 May 1973 ; b ) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ;

Whereas, however, Regulation (EEC) No 823/68 — to the sum of the following components if the lays down special provisions for calculating the levy product falls within subheading No 04.04 E I b) on certain assimilated products ; whereas these pro­ 2 bb ) : ducts are listed and the method of calculating the levy on them described in Annex II and in Articles 2 ( a) a component equal to the threshold price less to 7 of that Regulation respectively ; whereas this 95 units of account ; method consists in adding together the various com­ ponents defined in those Articles ; ( b ) a component equal to 20 units of account ;

Whereas Commission Regulataion (EEC) No — to the threshold price less 85 units of account, if 1073/68 (7 ) of 24 July 1968 laying down detailed the product falls within subheading Nos 04.04 E I b ) 3 or 04.04 E I b ) 4. (*) OJ No L 148, 28. 6. 1968, p. 13 . (*) OJ No L 73 , 27. 3 . 1972, p. 14 . (») OJ No L 73 , 27. 3 . 1972 , p. 5 . Whereas, for as long as it is found that on importa­ (4) OJ No L 151 , 30. 6. 1968, p. 3 . tion into the Community the price of an assimilated (5) OJ No L 141 , 28 . 5 . 1973 , p. 23 . product for which the levy is not equal to the levy (•) OJ No L 122, 9 . 5 . 1973 , p. 4 . (7) OJ No L 180, 26. 7. 1968 , p. 25 . on its pilot product is considerably lower than the

31 . 5 . 73 Official Journal of the European Communities No L 144/45

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-atconsiders 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 144/46 Official Journal of the European Communities 31 . 5 . 73

Whereas Article 8 of Regulation (EEC) No 1073/68 Whereas it follows from applying all these provi­ provides that the levies are fixed every fortnight ; sions that the levies on milk and milk products must whereas they may be altered in the intervening period be fixed as shown in the Annex to this Regulation ; if necessary ; whereas the levy remains valid until another becomes applicable ; HAS ADOPTED THIS REGULATION : Article 1 Whereas, if the levy system is to operate normally, levies should be calculated on the basis of an The levies referred to in Article 14 (1 ) of Regulation exchange rate which is based, in the case of currencies (EEC) No 804/68 are hereby fixed as shown in the which are floating or whose central rate differs from Annex to this Regulation . the official parity, on the effective rate or the Article 2 central rate of these currencies and, in the case of the US dollar, on the change in parity announced This Regulation shall enter into force on 1 June on 13 February 1973 ; 1973 .

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

Done at Brussels, 29 May 1973 . For the Commission P.J. LARDINOIS Member of the Commission

31 . 5 . 73 No L 144/47 Official Journal of the European Communities

ANNEX

Tariff Nomenclature Levy Code (in u.a./100 kg net_ 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. Yoghourt, 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 14·27 b) Other 0120 12·27 II. Other : a) In immediate packings of a net capacity of 2 litres or less and of a fat content, by weight : 0130 12·27 1 . Not exceeding 4 °/o 2. Exceeding 4 °/o 0140 15·32 b) Other, of a fat content, by weight : 1 . Not exceeding 4 °/o 0150 11·27 2. Exceeding 4 % 0160 14·32

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

I. Exceeding 6 % but not exceeding 21 % 0200 33·31 II. Exceeding 21 % but not exceeding 45 °/o 0300 70·47 III. Exceeding 45 %> 0400 108·90

04.02 Milk and cream, preserved, concentrated or sweetened : A. Not containing added sugar : I. Whey 0500 3·47 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 °/o 0620 42·72 2. Exceeding 1·5 °/o but not exceeding 27 % 0720 74·95 3 . Exceeding 27 °/o but not exceeding 29 % 0820 76·95 4. Exceeding 29 °/o 0920 90·70 b) Other, of a fat content, by weight : 1 . Not exceeding 1·5 % 1020 36·72 2 . Exceeding 1·5 % but not exceeding 27 % 1120 68·95 1220 70·95 3 . Exceeding 27 %> but not exceeding 29 °/o 4. Exceeding 29 °/o 1320 84·70 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 °/o or less 1420 15·19 2 . Other 1520 20·51 b) Other, of a fat content, by weight : 1 . Not exceeding 45 °/o 1620 70·47 2 . Exceeding 45 % 1720 108·90

No L 144/48 31 . 5 . 73 Official Journal of the European Communities

Tariff Nomenclature Levy (in u.a. / 100 kg net CCT heading Code 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 ( 1 ), in hermetically sealed cans of a net capacity of 500 g or less and of a fat content, by weight (2) : 1 . Exceeding 10 % but not exceeding 11 % 1810 29·00 2. Exceeding 14·5 °/o but not exceeding 15·5 %> 1910 33·00 3 . Exceeding 17 °/o but not exceeding 18 % 2010 36·00 2110 38·00 4. Exceeding 23 °/o but not exceeding 24 %

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 °/o (3) 2220 per kg 0·3672 (9) bb) Exceeding 1·5 %> but not exceeding 27 % (3) 2320 per kg 0·6895 (9) cc) Exceeding 27 %> (3) 2420 per kg 0·8470 (•)

2 . Other, of a fat content, by weight : aa) Not exceeding 1·5 %> (3) 2520 per kg 0·3672 (*°) bb) Exceeding 1·5 % but not exceeding 27 %> (3) 2620 per kg 0·6895 (10) 2720 cc) Exceeding 27 °/o (3 ) per kg 0·8470 (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 29·14 less and of a fat content, by weight, not exceeding 9·5 °/o

b ) Other, of a fat content, by weight : 1 . Not exceeding 45 °/o (3) 2910 per kg 0·7047 (10) 2. Exceeding 45 °/o (3) 3010 per kg 1·0890 (10)

04.03 Butter :

A. Of a fat content, by weight, not exceeding 85 °/o 3110 128·12

B. Other 3210 156·31

04.04 Cheese and curd :

A. Emmentaler, Gruyere, Sbrinz, Bergkäse and Appenzell, not grated or powdered : I. Of a minimum fat content of 45 °/o by weight, referred to dry matter, matured for at least 3 months {*) : a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg net weight of : 1 . 151·68 u.a . ( a ) or more but less than 171·68 u.a . ( a ) 3314 15·00 2 . 171·68 u.a . ( a ) or more 3413 100·71 (»)

31 . 5 . 73 Official Journal of the European Communities No L 144/49

Tariff Nomenclature Levy (in u.a. /100 kg net Code 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 171·68 u.a . ( a ) or more but less than 199·68 u.a . ( a ) per 100 kg net weight 3514 15·00 bb) Of 450 g or more and of a free-at-frontier value (5] of 199·68 u.a. ( a) or more per 100 kg net weight 3612 100·71 (")

2. Other, of a net weight of 75 g or more but not exceeding 250 g (6) and of a free-at-frontier value (*] of 219·68 u.a . ( a ) or more per 100 kg net weight 3712 100·71 (")

II . Other 3800 100·71

B. Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (2) 3900 100·03 (12)

C. Blue-veined cheese, not grated or powdered 4000 47·32

D. Processed cheese, not grated or powdered :

I. In the blending of which only Emmentaler, Gruyere 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 weigh 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 % in respect of 5/6 of the aggregate o portions or slices and not exceeding 56 °/o in respect o the remaining 1 /6 4211 31·00 c) Exceeding 48 %> but not exceeding 56 % in respect o 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 84·01 2 . Exceeding 48 % 4510 91·45

b ) Exceeding 36 °/o 4610 171·45

E. Other :

I. Not grated or powdered , of a fat content, by weight, no exceeding 40 % and a water content , calculated by weight of the non-fatty matter : a ) Not exceeding 47 %> 4710 100·03

No L 144/50 Official Journal of the European Communities 31 . 5 . 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 °/o : (cont'd) 1 . Cheddar, including Chester 4810 84·85 2. Tilsit and Butterkäse, of a fat content, by weight, referred to the dry matter ( 2 ) : 4922 84·50 ( 13) aa) Not exceeding 48 °/o 5022 84·50 ( 14) bb) Exceeding 48 °/o 5030 84·50 ( 15) 3. Kashkaval (2) 4. Cheese of sheep's milk or buffalo milk, in containers 5060 84·50 ( 15) holding brine, or in sheep- or goat-skin bottles (2) 5 . Other 5120 84·50

c) Exceeding 72 % : 1 . In immediate packings of a net capacity not exceeding 5210 63·38 500 g 2 . Other 5250 164·50

II. Not specified : 5310 100·03 a) Grated or powdered 5410 164·50 b ) Other

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 5500 14·81 by weight of the pure product (16)

17.05 Flavoured or coloured sugars, syrups and molasses, but not includ­ ing fruit juices containing added sugar in any proportion :

5600 14·81 A. Lactose and lactose syrup

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 % or less by weight of starch : 1 2 3 . Containing 50 °/o or more but less than 75 % by weight of milk products 5700 29·54 4. Containing 75 % or more by weight of milk products 5800 37·99

b) Containing more than 10 °/o but not more than 30 °/o by weight of starch : 1 2 3 . Containing 50 % or more by weight of milk products 5900 35·48

31 . 5 . 73 Official Journal of the European Communities No L 144/51

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

23.07 c) Containing more than 30 %> by weight of starch : (cont'd) 1

2 . .... 3 . Containing 50% or more by weight of milk products 6000 29,04

II. Containing no starch, glucose or glucose syrup, but contain­ ing milk products 6100 37·99

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) 3·10 u.a . (w) 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) 3·10 u.a . (u) The levy is limited to 7·50 u.a . per 100 kg net weight . (u) The levy is limited to 6 °/o of the value for customs purposes . (") The levy is limited to 53·05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No 1054/68 as amended). (M) The levy is limited to 73·05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No 1054/68 as amended). J") The levy is limited to 53·05 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Rumania and Turkey (Regulation (EEC) No 1054/68 as amended). (w) Lactose and lactose syrup falling within subheading No 17.02 A I 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 . (a) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 17·68 u.a . per 100 kg net.