31974R0872

No L 101 /42 11 . 4 . 74 Official Journal of the European Communities

REGULATION ( EEC) No 872/ 74 OF THE COMMISSION of 10 April 1974 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN levies in respect of milk and milk products provides COMMUNITIES , that the component of the levy fixed by means of a coefficient expressing the weight ratio between the milk powder contained in the product and the Having regard to the Treaty establishing the European product itself is, for the products falling within Economic Community ; 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 plying the basic amount by the quantity of milk 804/68 (') of 27 June 1968 on the common organiza­ powder contained in the product ; whereas the same tion of the market in milk and milk products , as last applies to products falling within subheading No amended by Regulation ( EEC) No 662/ 74 ( 2 ), and in 04.02 B II b) as regards the component of the levy particular Article 14 (8 ) thereof ; fixed by means of a coefficient expressing the weight ratio between the milk components contained in the product and the product itself ; Having regard to the Opinion of the Monetary Committee ;

Whereas Article 14 of Regulation ( EEC) No 804/ 68 Whereas the basic amount must be equal to one provides for charging a levy on imports of the hundredth part of the levy set out for each product in products listed in Article 1 of that Regulation ; the second subparagraph of Article 9 (1 ) and the whereas these products may be divided into groups ; second subparagraph of Article 9 (2) of Regulation whereas the product groups and the pilot groups and ( EEC) No 1073 / 68 ; the pilot product for each of these groups are set out in Annex I to Council Regulation ( EEC) No 823 / 68 (3 ) 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 amended by Regula­ originating in and exported from third countries, for tion ( EEC) No 664/ 74 (4 ) ; which it is found on importation into the Community that the rulling price is not less than 110 units of account per 100 kg in respect of the products falling Whereas the levy on the products in any one group within subheading No 04.04 E I b) 2 and No 04.04 E must be equal to the threshold price for the pilot I b) 3 , or not less than 80 units of account per 100 kg product less the free-at-frontier price ; whereas these in respect of the products falling within subheading threshold prices were fixed for the 1974/ 75 milk year No 04.04 E I b) 4, the levy per 100 kg is equal : by Council Regulation ( EEC) No 665 / 74 ( 5 ) of 28 March 1 974 ; — to the threshold price less 110 units of account, if Whereas , however, Regulation ( EEC) No 823 / 68 lays the product falls within subheading No 04.04 E I down special provisions for calculating the levy on b) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ; certain assimilated products ; whereas these products are listed and the method of calculating the levy on them described in Annex II and in Articles 2 to 7 of — to the sum of the following components if the that Regulation respectively ; whereas this method product falls within subheading No 04.04 E I b) 2 consists in adding together the various components bb) : defined in those Articles ;

(a) a component equal to the threshold price less Whereas Commission Regulation (EEC) No 110 units of account ; 1073/68 (6) of 24 July 1968 laying down detailed rules for determined free-a-frontier prices and for fixing (b) a component equal to 20 units of account ; ') OJ No L 148 , 28 . 6 . 1968 , p. 13 . 2 ) OJ No L 85 , 29 . 3 . 1974, p. 51 . 3 ) OJ No L 151 , 30 . 6 . 1968 , p. 3 . — to the threshold price less 95 units of account, if 4) OJ No L 85, 29 . 3 . 1974, p. 54. 5 ) OJ No L 85 , 29 . 3 . 1974, p. 57. the product falls within subheading Nos 04.04 E I 6) OJ No L 180 , 26 . 7 . 1968 , p. 25 . b) 3 or 04.04 E I b) 4 .

11 . 4 . 74 No L 101 /43 Official Journal of the European Communities

Whereas, for as long as it is found that on importation on its pilot product must be effected in such a way as into the Community the price of an assimilated to allow, in particular, for differences in composition, product for which the levy is not equal to the levy on maturity, quality and presentation between the assimi­ its pilot product is considerably lower than the price lated product and the related pilot product ; whereas which would obtain if the ratio to the price of the adjustments relating to composition must be calcu­ pilot product were normal , the levy must be equal to lated by multiplying the difference between the milk the sum of two components : component content of the pilot product and that of the assimilated product in question by the value attri­ buted in international trade to one unit of weight of — one component equal to the amount resulting the milk component in question ; whereas the differ­ from the provisions of Articles 2 to 7 of Regula­ ence between the value attributed on the Community tion ( EEC) No 823/ 68 applicable to the assimi­ market to each of the relevant characteristics of the lated product in question ; pilot product and the value attributed on that market to the corresponding characteristics of the assimilated — an additional component fixed at a level which , product in question must be taken into account when the composition and quality of the assimilated the other adjustments are being effected ; product being taken into account, makes it possible to re-establish normal price ratios for imports into the Community ; Whereas , if no information on prices is available , the free-at-frontier price may, by way of exception , be established on the basis of the value of the raw mate­ Whereas Article 14 (3) of Regulation (EEC) No 804/68 rials contained in the pilot product in question (calcu­ provides that the levy on products in respect of which lated on the basis of the prices of milk products for the customs duty has been bound within GATT must which prices are available ), average processing costs be limited to the amount resulting from that binding ; and average yields ;

Whereas Regulation ( EEC) No 1073 / 68 provides that a free-at-frontier price must be established for each of Whereas, in exceptional circumstances, a free-atthe pilot products defined in Annex I to Regulation frontier price may remain unchanged for a limited ( EEC) No 823 /68 ; whereas these prices must be deter­ period where the new level of the price for a given mined for products of good marketable quality ; quality or a specific origin , used as a basis for estab­ lishing the previous free-at-frontier price, has not reached the Commission to enable it to establish the next free-at-frontier price and if the Commission Whereas the free-at-frontier prices must be estab­ considers that the prices which are available could lished on the basis of the most favourable purchasing lead to sudden and considerable changes in the freeopportunities in international trade for the products at-frontier price because they are not sufficiently repre­ listed in Article 1 (a) 2 and (b) to (g) of Regulation sentative of real market trends ; (EEC) No 804/68 other than assimilated products for which the levy is not equal to the levy on the related pilot products ; whereas, when recording these purchasing opportunities , the Commission must take Whereas , in accordance with Article 19 (1 ) of Regula­ account of all information obtained direct or through tion ( EEC) No 804/ 68 , the nomenclature provided for the Member States concerning prices for delivery of in this Regulation is incorporated in the Common third-country products free-at-Community frontier Customs Tariff ; and prices on third-country markets ;

Whereas Article 8 of Regulation ( EEC) No 1073 / 68 Whereas , however, no account should be taken of provides that the levies are fixed every fortnight ; information relating to small quantities which are not whereas they may be altered in the intervening period representative of trade in the product in question and if necessary ; whereas the levy remains valid until quantities in respect of which price trends in general another becomes applicable ; or other information available to it lead the Commis­ sion to believe that the price in question is unrepre­ sentative of the real trend of the market ; Whereas , if the levy system is to operate normally, refunds should be calculated on the following basis :

Whereas the prices used must be adjusted where they are not quoted free-at-Community-frontier or where — in the case of currencies which are maintained in they do not apply to products of good marketable relation to each other, at any given moment, quality ; whereas the ajustment in respect of an assimi­ within a band of 2.25 % , at rate of exchange based lated product the levy on which is equal to the levy on their effective parity ;

No L 101 /44 11 . 4 . 74 Official Journal of the European Communities

— for other currencies, an exchange rate based on the HAS ADOPTED THIS REGULATION : arithmetic mean of the spot market rates of each Article 1 of these currencies recorded for a given period, in relation to the Community currencies referred to The levies referred to in Article 14 (1 ) of Regulation (EEC) No 804/68 are hereby fixed as shown in the in the previous subparagraph ; Annex to this Regulation . Article 2 Whereas it follows from applying all these provisions that the levies on milk and milk products must be This Regulation shall enter into force on 16 April 1974 . fixed as shown in the Annex to this Regulation ;

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

Done at Brussels , 10 April 1974 .

For the Commission P. J. LARDINOIS Member of the Commission

LI . 4 . 74 Official Journal or the European Communities No L 101 / 45

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 °/o : 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 12.84 b ) Other 0120 10.84 II . Other : a) In immediate packings of a net capacity of ? litres or less and of a fat content, by weight : 1 . Not exceeding 4 % 0130 10.84 2 . Exceeding 4 %> 0140 13.90 b ) Other, of a fat content, by weight : 1 . Not exceeding 4 % 0150 9.84 2 . Exceeding 4 % 0160 12.90

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

0200 33.42 I. Exceeding 6 % but not exceeding 21 */o 0300 70.69 II . Exceeding 21 °/o but not exceeding 45 % ' 0400 109.25 III. Exceeding 45 %>

04.02 Milk and cream , preserved, concentrated or sweetened .- A. Not containing 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 °/o 0620 26.00 2. Exceeding 1.5 % but not exceeding 27 %> 0720 63.70 0820 65.70 3 . Exceeding 27 % but not exceeding 29 °/o 0920 79.06 4. Exceeding 29 °/o b) Other, of a fat content, by weight : 1020 20.00 1 . Not exceeding 1.5 % 1120 57.70 2 . Exceeding 1.5 %> but not exceeding 27 % 1220 59.70 3 . Exceeding 27 °/o but not exceeding 29 °/o 1320 73.06 4. Exceeding 29 % 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 16.09 2 . Other 1520 21.72 b) Other, of a fat content, by weight : 1 . Not exceeding 45 °/o 1620 70.69 2 . Exceeding 45 °/t 1720 109.25

No L 101 /46 Official Journal of the European Communities 11 . 4 . 74

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 (1 ), 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 %> 1910 33.00 2. Exceeding 14.5 °/o but not exceeding 15.5 9/o 2010 3600 3 . Exceeding 17 °/o but not exceeding 18 % 2110 38.00 4. Exceeding 23 °/o 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 % (8) 2220 per kg 0.2000 (9) bb ) Exceeding 1.5 % but not exceeding 27 % (■) 2320 per kg 0.5770 (9) 2420 per kg 0.7306 (9) cc) Exceeding 27 % (*)

2. Other, of a fat content, by weight : 2520 per kg 0.2000 ( 10) aa) Not exceeding 1.5 %> (') 2620 per kg 0.5770 ( 10) bb) Exceeding 1.5 %> but not exceeding 27 °/o (*) 2720 per kg 0.7306 ( 10) cc) Exceeding 27 °/o (s)

II. 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 % (3) 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, Gruyere, 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 (z) : a) Whole cheese (*) of a free-at-frontier value (8) per 100 kg net weight of : 1 . 165.54 u.a . ( a ) or more but less than 185.54 u.a . ( a ) 3315 15.00 2 . 185.54 u.a . ( a) or more 3414 112.75 («)

11 . 4 . 74 Official Journal of the European Communities No L 101 /47

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 185.54 u.a . ( a ) or more but less than 213.54 u.a . ( a ) per 100 kg net weight 3515 1500 bb ) Of 450 g or more and of a free-at-frontier value (5) 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 (6) and of a free-at-frontier value (s) of 233.54 u.a . ( a) or more per 100 kg net weight 3713 112.75 (")

II . 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. Blue-veined cheese, not grated or powdered 4000 63.55

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-atfrontier 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 %> but not exceeding 56 °/o in respect of 4311 3500 the aggregate of portions or slices

II . Other, of a fat content, by weight : a) Not exceeding 36 %> and of a fat content, by weight, referred to dry matter : 1 . Not exceeding 48 %> 4410 92.38 2. Exceeding 48 °/o 4510 97.81 b) Exceeding 36 % 4610 177.81

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 : 4710 108.16 a) Not exceeding 47 •/•

No L 101 /48 Official Journal of the European Communities 11 . 4 . 74

Tariff Nomenclature Levy ( in u.a. / 100 kg net Code OCT 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 86.23 2. Tilsit and Butterkäse, of a fat content, by weight, referred to the dry matter (l ) : 4922 94.94 ( 13) aa ) Not exceeding 48 °/o 5022 94.94 (») bb ) Exceeding 48 %> 5030 94.94 ( 15 ) 3 . Kashkaval (*) 4. Cheese of sheep's milk or buffalo milk, in containers 5060 94.94 ( 15) holding brine, or in sheep- or goat-skin bottles (2) 5 . Other 5120 94.94

c) Exceeding 72 %> : 1 . In immediate packings of a net capacity not exceeding 5210 71.21 500 g 2 . Other 5250 174.94

II . Not specified : 5310 108.16 a) Grated or powdered 5410 174.94 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 */o or more 5500 16.42 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 16.42 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 17.00 4. Containing 75 % or more by weight of milk products 5800 21.60

b) Containing more than 10 °/o but not more than 30 % by weight of starch : 1 2 3. Containing 50 •/• or more by weight of milk products 5900 20.00

11 . 4 . 74 Official Journal of the European Communities No L 101 /49

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 */o by weight of starch : ( cont'd ) 1 2 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 (') 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 . \ (") 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 . ( 13) 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). ( u) 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 amended). (u) 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 .