31974R0744

30 . 3 . 74 Official Journal of the European Communities No L 86/51

REGULATION (EEC) No 744/ 74 OF THE COMMISSION of 29 March 1974 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 means of a coefficient expressing the weight ratio Having regard to the Treaty establishing the Euro­ between the milk powder contained in the product pean Economic Community ; and the product itself is, for the products falling within subheading No 04.02 Bib) listed in Annex II Having regard to Council Regulation (EEC) No 804/ to Regulation (EEC) No 823 /68 , calculated by multi­ 68 (*) of 27 June 1968 on the common organization plying the basic amount by the quantity of milk of the market in milk and milk products, as last powder contained in the product ; whereas the same amended by Regulation (EEC ) No 662/74 (2 ), and in applies to products falling within subheading No particular Article 14 ( 8 ) thereof ; 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 con­ Having regard to the Opinion of the Monetary tained in the product and the product itself ; Committee ;

Whereas the basic amount must be equal to one hun­ Whereas Article 14 of Regulation ( EEC) No 804/68 dredth part of the levy set out for each product in provides for charging a levy on imports of the pro­ the second subparagraph of Article 9 ( 1 ) and the ducts listed in Article 1 of that Regulation ; whereas second subparagraph of Article 9 (2) of Regulation these products may be divided into groups ; whereas ( EEC ) No 1073 /68 ; 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 823/68 (3) Whereas for products belonging to Group No 11 , of 28 June 1968 determining the groups of products originating in and exported from third countries, for and the special provisions for calculating levies on which it is found on importation into the Commu­ milk and milk products, as last amended by Regu­ nity that the railing price is not less than 95 units of lation ( EEC) No 664/74 (4) ; account per 100 kg in respect of the products falling within subheading No 04.04 E I b) 2 and No 04.04 Whereas the levy on the products in any one group E I b ) 3 , or not less than 80 units of account per 100 must be equal to the threshold price for the pilot kg in respect of the products falling within subhead­ product less the free-at-frontier price ; whereas these ing No 04.04 E I b ) 4, the levy per 100 kg is equal : threshold prices were fixed for the 1974/75 milk year by Council Regulation ( EEC) No 665/74 ( 5 ) of — to the threshold price less 95 units of account, if 28 March 1974 ; the product falls witlan subheading No 04.04 E I 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 — to the threshold price less 85 units of account, if 1073/68 (6 ) 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.

( l ) OJ No L 148 , 28 . 6. 1968 , p. 13 . (*) OJ No L 85 , 29 . 3 . 1974 , p . 51 . Whereas, for as long as it is found that on importa­ (*) OJ No L 151 , 30. 6. 1968, p. 3 . tion into the Community the price of an assimilated (4) OJ No L 85 , 29 . 3 . 1974, p . 54 . (5) OJ No L 85 , 29 . 3 . 1974 , p . 57 . product for which the levy is not equal to the levy (#) OJ No L 180, 26. 7. 1968 , p . 25 . on its pilot product is considerably lower than the

No L 86/52 Official Journal of the European Communities 30 . 3 . 74

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 ;

30. 3 . 74 Official Journal of the European Communities No L 86/53

Whereas Article 8 of Regulation (EEC) No 1073/68 period, in relation to the Community currencies provides that the levies are fixed every fortnight ; referred to in the previous subparagraph ; whereas they may be altered in the intervening period Whereas it follows from applying all these provi­ if necessary ; whereas the levy remains valid until sions that the levies on milk and milk products must another becomes applicable ; be fixed as shown in the Annex to this Regulation ;

Whereas, if the levy system is to operate normally, HAS ADOPTED THIS REGULATION : refunds should be calculated on the following basis : Article 1 — in the case of currencies which are maintained in The levies referred to in Article 14 ( 1 ) of Regulation relation to each other, at any given moment, (EEC) No 804/68 are hereby fixed as shown in the within a band of 2-25 °/o, at rate of exchange Annex to this Regulation. based on their effective parity ; Article 2 — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of This Regulation shall enter into force on 1 April each of these currencies recorded for a given 1974 .

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

Done at Brussels, 29 March 1974 . For the Commission P.J. LARDINOIS Member of the Commission

No L 86/54 Official Journal of the European Communities 30. 3 . 74

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 % : 1 . 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 12-84 b) Other 0120 10-84 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 °/e 0130 10-84 2 . Exceeding 4 °/o 0140 13-90 b ) Other, of a fat content, by weight : 1 . Not exceeding 4 %> 0150 9-84 2. Exceeding 4 e/o 0160 12-90

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

I. Exceeding 6 % but not exceeding 21 e/o 0200 33-42 II. Exceeding 21 °/o but not exceeding 45 °/o 0300 70-69 III. Exceeding 45 °/o 0400 109-25

04.02 ,. * Milk andxream , preserved , concentrated or sweetened : A. Not cOniaining added sugar : I. Whey 0500 5-19 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 26-00 2. Exceeding 1·5 % but not exceeding 27 °/o 0720 63-70 3. Exceeding 27 % but not exceeding 29 % 0820 65-70 4. Exceeding 29 % 0920 79-06 b) Other, of a fat content, by weight : 1 . Not exceeding 1·5 % 1020 20-00 2. Exceeding 1*5 % but not exceeding 27 % 1120 57-70 3 . Exceeding 27 % but not exceeding 29 % 1220 59-70 4. Exceeding 29 % 1320 73-06

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 °/o or less : 1 . Of a fat content, by weight, of 8-9 %> or less 1420 16-09 2. Other 1520 21-72 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 70-69 2. Exceeding 45 °/· 1720 109-25

30. 3 . 74 Official Journal of the European Communities No L 86/55

Tariff Nomenclature Levy Code (in u. a./100 kg net 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 (*) : 1810 29-00 1 . Exceeding 10 °/o but not exceeding 11 °/o 1910 33-00 2 . Exceeding 14·5 °/o but not exceeding 15·5 ®/o 2010 36-00 3 . Exceeding 17 % but not exceeding 18 °/o 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 per kg 0-2000 (9) bb) Exceeding 1·5 ®/o but not exceeding 27 ®/o (s ) 2320 per kg 0-5770 (®) cc) Exceeding 27 % (*) 2420 per kg 0-7306 (9)

2 . Other, of a fat content, by weight : aa) Not exceeding 1-5 °/o (s) 2520 per kg 0-2000 ( 10 ) bb ) Exceeding 1-5 % but not exceeding 27 % (*) 2620 per kg 0-5770 ( 10) cc) Exceeding 27 % (s) 2720 per kg 0-7306 ( 10)

11 . Milk and cream , other than in powder or granules : 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 % 2810 30-67

b ) Other, of a fat content, by weight : 1 . Not exceeding 45 % (s) 2910 per kg 0-7069 ( 10) 2 . Exceeding 45 % (·) 3010 per kg 1-0925 ( 10)

04.03 Butter :

A. Of a fat content, by weight, not exceeding 85 ·/· 3110 128-53

B. Other 3210 156-81

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 (*) : a ) Whole cheese (4) of a free-at-frontier value (®) per 100 kg net weight of : 1 . 165-54 u.a . ( a ) or more but less than 185-54 u.a . ( a ) 3315 1500 2 . 185-54 u.a . ( a ) or more 3414 112-75 (ll )

No L 86/56 Official Journal of the European Communities 30 . 3 . 74

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 (® ) of 185-54 u.a. (a) or more but less than 213-54 u.a. ( a ) per 100 kg net weight 3515 15-00 bb ) Of 450 g or more and of a free-at-frontier value (n) of 213-54 u.a. ( a ) or more per 100 kg net weight 3613 112-75 («) 2 . Other, of a net weight of 75 g or more but not exceeding 250 g (®) and of a free-at-frontier value (s) of 233-54 u.a . ( a ) or more per 100 kg net weight 3713 112-75 (")

If . Other 3800 112-75

B. Glarus herb cheese ( known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (*) 3900 108-16 ( 12 )

C. Rlue-veined cheesc, not grated or powdered 4000 63-55

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 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 41 I 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 /6 421 1 31-00 c) Exceeding 48 % but not exceeding 56 °/e 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 B/o 4410 92-38 2. Exceeding 48 °/o 4510 97-81

b) Exceeding 36 °/o 4610 177-81

E. Other :

I. Not grated or powdered, of a fat content, by weight, not exceeding 40 °/o and a water content, calculated by weight, of the non-fatty matter : a) Not exceeding 47 •/• 4710 108-16

30. 3 . 74 Official Journal of the European Communities No L 86/57

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

04.04 b ) Exceeding 47 °/o but not exceeding 72 % : (cont'd ) 1 . Cheddar, including Chester 4810 86-23 2. Tilsit and Butterkäse, of a fat content, by weight, referred to the dry matter (l) : aa) Not exceeding 48 °/o 4922 94-94 ( 13) bb ) Exceeding 48 % 5022 94-94 ( 14) 3 . Kashkaval (2) 5030 94-94 ( 15) 4. Cheese of sheep's milk or buffalo milk, in containers holding brine, or in sheep- or goat-skin bottles (2 ) 5060 94-94 ( 15 ) 5 . Other 5120 94-94

c ) Exceeding 72 °/o : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 71-21 2 . Other 5250 174-94 II . Not specified : a) Grated or powdered 5310 108-16 b ) Other 5410 174-94

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 */o or more 5500 16-42 ( 1β ) by weight of the pure product ( 1β)

1 7.0.5 Flavoured or coloured sugars, syrups and molasses, but not includ­ ing fruit juices containing added sugar in any proportion : 5600 16-42 A. Lactose and lactose syrup

13.07 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 e/o or more but less than 75 %> by weight of milk products 5700 17-00 4 . Containing 75 °/o or more by weight of milk products 5800 21-60

b ) Containing more than 10 %> but not more than 30 %> by weight of starch : 1 2 3- Containing 50 ·/# or more by weight of milk products 5900 20-00

No L 86 /58 Official Journal of the European Communities 30. 3 . 74

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

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

3 . Containing 50 °/o or more by weight of milk products 6000 16-00

II . Containing no starch, glucose or glucose syrup, but contain­ ing milk products 6100 21-60

For notes (') to ("), see notes (l) to (•) 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) 0 u.a . ( I §) 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 ) 0 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 49-05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation (EEC) No 1054/68 as amended ). (") The levy is limited to 69-05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation (EEC) No 1054/68 as amendtd). ( ,5 ) The levy is limited to 49-05 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 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 . (») For imports into the United Kingdom , this free-at-frontier value shall be reduced by 11-80 u.a . per 100 kg net .