31974R2537

No L 271 /44 Official Journal of the European Communities 5 . 10 . 74

REGULATION ( EEC) No 2537 / 74 OF THE COMMISSION of 4 October 1974 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN for determined free-a-frontier prices and for fixing COMMUNITIES , 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 between the Having regard to the Treaty establishing the European milk powder contained in the product and the Economic Community ; product itself is, for the products falling within subheading No 04.02 B I b) listed in Annex II to Having regard to Council Regulation (EEC) No Regulation (EEC) No 823/68 , calculated by multi­ 804/68 ( ! ) of 27 June 1968 on the common organiza­ plying the basic amount by the quantity of milk tion 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 contained in the Having regard to the Opinion of the Monetary product and the product itself ; 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 products listed in Article 1 of that Regulation ; hundredth part of the levy set out for each product in whereas these products may be divided into groups ; the second subparagraph of Article 9(1 ) and the 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 251 8 /74 (4) ; which it is found on importation into the Community that the rulling price is not less than 110 units of Whereas the levy on the products in any one group account per 100 kg in respect of the products falling must be equal to the threshold price for the pilot within subheading No 04.04 E I b) 2 and No 04.04 E product less the free-at-frontier price ; whereas these I b) 3 , or not less than 80 units of account per 100 kg threshold prices were fixed for the 1974/75 milk year in respect of the products falling within subheading by Council Regulation (EEC) No 665/74 (5) of 28 No 04.04 E I b) 4, the levy per 100 kg is equal : March 1974 and amended by Regulation ( EEC) No 2518 / 74 ; — to the threshold price less 110 units of account, if the product falls within subheading No 04.04 E I Whereas, however, Regulation (EEC) No 823/68 lays b) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ; down special provisions for calculating the levy on certain assimilated products ; whereas these products are listed and the method of calculating the levy on — to the sum of the following components if the them described in Annex II and in Articles 2 to 7 of product falls within subheading No 04.04. E I b) 2 that Regulation respectively ; whereas this method bb) : consists in adding together the various components 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 (b) a component equal to 20 units of account ; (>) OJ No L 148 , 28 . 6 . 1968 , p. 13 . $ OJ No L 85, 29 . 3 . 1974, p. 51 . (>) OJ No L 151 , 30 . 6 . 1968 , p. 3 . — to the threshold price less 95 units of account, if (*) OJ No L 270 , 5 . 10 . 1974, p. 1 . (») OJ No L 85, 29 . 3 . 1974, p. 57 . the product falls within subheading Nos 04.04 E I (') OJ No L 180, 26 . 7 . 1968 , p. 25 . b) 3 or 04.04 E I b) 4 .

5 . 10 . 74 Official Journal of the European Communities No L 271 / 45

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, the composition and quality of the assimilated product in question must be taken into account when 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 provides that the levy on products in respect of which rials contained in the pilot product in question (calcu­ the customs duty has been bound within GATT must lated on the basis of the prices of milk products for be limited to the amount resulting from that binding ; which prices are available), average processing costs 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-at­ the 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 opportunities in international trade for the products lead to sudden and considerable changes in the free­ listed in Article 1 (a) 2 and (b) to (g) of Regulation at-frontier price because they are not sufficiently repre­ 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 271 /46 Official Journal of the European Communities 5 . 10 . 74

— 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 in the previous subparagraph ; (EEC) No 804/ 68 are hereby fixed as shown in the 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 7 October fixed as shown in the Annex to this Regulation ; 1974 .

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

Done at Brussels, 4 October 1974 . For the Commission

P.J. LARDINOIS Member of the Commission

5 . 10 . 74 Official Journal of the European Communities No L 271 / 47

ANNEX

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

' i-UM 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 01 U ) 13-57 b ) Other 0 1 20 11-57 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 11-57 2 . Exceeding 4 °/o 0140 14-75 b ) Other, of a fat content, by weight : 1 . Not exceeding 4 °/o 0150 10-57 2 . Exceeding 4 % 0 1 60 13-75

B. Other, of a fat content, by weight : 0200 34-78 I. Exceeding 6 % but not exceeding 21 % 0300 73-57 II . Exceeding 21 °/o but not exceeding 45 °/o 0400 113-70 III . Exceeding 45 °/o

04.02 Milk and cream , preserved , concentrated or sweetened : A. Not containing added sugar : I. Whey 0500 5-89 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 : 0620 31-52 1 . Not exceeding 1-5 % 2 . Exceeding 1-5 % but not exceeding 27 % 0720 64-75 0820 66-75 3 . Exceeding 27 % but not exceeding 29 % 0920 80-22 4 . Exceeding 29 % b ) Other, of a fat content, by weight : 1020 25-52 1 . Not exceeding 1-5 %> 2. Exceeding 1-5 % but not exceeding 27 °/o 1120 58-75 3 . Exceeding 27 % but not exceeding 29 % 1220 60-75 4 . Exceeding 29 °/o 1320 74-22

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 °/o or less 1420 ' 11-88 2 . Other 1520 16-04 b) Other, of a fat content, by weight : 1 . Not exceeding 45 % 1620 73-57 2 . Exceeding 45 °/o ¡ 1720 113-70

No L 271 / 48 Official Journal of the European Communities 5 . 10 . 74

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

04.02 R. 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) : 1 . Exceeding 10% but not exceeding 11 % 1810 29-00 2 . Exceeding 14-5 % but not exceeding 1 5*5 % 1910 33-00 2010 36-00 3 . Exceeding 17% but not exceeding 18 % 2110 38-00 4 . Exceeding 23 % 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 % (3) 2220 per kg 0-2552 (# ) 2320 per kg 0-5875 (® ) bb) Exceeding 1-5 % but not exceeding 27 % (3) j cc) Exceeding 27 % ( 3 ) 2420 per kg 0-7422 (9 )

2 . Other, of a fat content , by weight : aa ) Not exceeding 1-5 % (3 ) 2520 per kg 0-2552 ( 10) 2620 bb ) Exceeding 1*5 % but not exceeding 27 % (3 ) per kg 0-5875 ( 10 ) cc ) Exceeding 27 % (3) 2720 per kg 0-7422 ( 10 )

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 26-51

b ) Other, of a fat content, by weight : 1 . Not exceeding 45 % (3 ) 2910 per kg 0-7357 ( ,0 ) 2 . Exceeding 45 % ( 3) 3010 per kg 1-1370 ( ,0)

04.03 Butter :

A. Of a far content, by weight, not exceeding 85 % 3110 133-77

B. Other 3210 163-20

04.04 Cheese and curd :

A. Emmentaler, Gruyère, Sbrinz , Bergkäse and Appenzell , not grated or powdered : T. 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 (s ) per 100 kg net weight of : 1 . 174-92 u.a . ( a ) or more but less than 194-92 u.a . ( a ) 3316 15-00 2 . 194-92 u.a . ( a ) or more 3415 118-47 (»»)

5 . 10 . 74 Otticial Journal of the European Communities No L 271 / 4 *

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

1)4.04 b ) Pieces packed in vacuum or in inert gas : (cont'd ) I. 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 194-92 u.a . ( a ) or more but less than 222-92 u.a . ( a) per 100 kg net weight 3516 15-00 bb) Of 450 g or more and of a free-at-frontier value (5 ) of 222-92 u.a . ( a ) or more per 100 kg net weight 3614 118-47 (")

2 . Other, of a net weight of 75 g or more but· not exceeding 250 g (e ) and of a free-at-frontier value (Ä ) of 242-92 u.a . ( a ) or more per 100 kg net weight 3714 118-47 (")

II . Other 3800 118-47

N. Glarus herb cheese ( known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (2) 3900 103-51 ( 12 )

4000 72-06 C. Blue-veined cheesc , not grated or powdered

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 % in respect of the aggregate of por­ tions or slices ' till 30-00 b ) Not exceeding 48 °lo 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 3 1 - 00 c) Exceeding 48% but not exceeding 56% in respect of the aggregate of portions or slices 431 1 35-00

II . Other, of a fat content, by weight : a ) Not exceeding 36 % and of a fat content , bv weight . referred to dry matter : 1 . Not exceeding 48 % 4410 94-67 2 . Exceeding 48 % 4510 100-59

b ) Exceeding 36 % 4610 180-59

F. 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 ·/· 4?10 103-51

No L 271 /50 Official Journal of the European Communities 5 . 10 . 74

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

04.04 b ) Exceeding 47 % but not exceeding 72 °/o : ( cont'd ) 1 . Cheddar, including Chester 4810 104-47 2 . Tilsit and Butterkäse, of a fat content, by weight, referred to the dry matter (*) : 4922 97-48 ( 13) aa ) Not exceeding 48 °/o 5022 97-48 (") bb ) Exceeding 48 % 3 . Kashkaval (l) 5030 97-48 ( ,5) 4 . Cheese of sheep's milk or buffalo milk , in containers 5060 97-48 ( 15 ) holding brine, or in sheep- or goat-skin bottles (2) 5 . Other 5120 97-48

c) Exceeding 72 °/o : 1 . In immediate packings of a net capacity not exceeding 500 g 5210 73-11 2 . Other 5250 177-48

IF . Not specified : 5310 103-51 a ) Grated or powdered 5410 177-48 b) Other

17.02 Other sugars ; sugar syrups ; artificial honey ( whether or not mixed with natural honey ) ; caramel : Λ . Lactose and lactose syrup : N. Other than that containing, in the dry state, 99 e/o or more 5500 13-25 by weight of the pure product ( 1β)

17.(15 Flavoured or coloured sugars, syrups and molasses, but not includ­ ing fruit juices containing added sugar in any proportion : 5600 13-25 A. Lactose and lactose syrup

1Λ.07 Sweetened forage ; other preparations of a kind used in animal feeding :

R. 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 e/o or more but less than 75 °/o by weight of milk products 5700 21-14 4 . Containing 75 % or more by weight of milk products 5800 27-01

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 product» 5900 24-97

5 . 10 . 74 Official Journal of rhe European Communities No L 271 /51

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 e/o by weight of starch : (cont'd ) 1 1 3 . Containing 50 %> or more by weight of milk products 6000 19-86

« II . Containing no starch , glucose or glucose syrup , but contain­ ing milk products 6100 27-01

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 . ("J The levy is limited to 7-50 u.a . per 100 kg net weight . (") The levy is limited to 6 % of the value for customs purposes . (") The levy is limited to 55-65 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 75-65 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 55-65 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 simc 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 13-02 u.a . per 100 kg net .