31975R0829

28 . 3 . 75 Official Journal of the European Communities No L 79 / 31

REGULATION ( EEC) No 829/75 OF THE COMMISSION of 26 March 1975 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN tion ( EEC) No 823/68 , calculated by multiplying the COMMUNITIES, basic amount by the quantity of milk powder contained in the product ; whereas the same applies to Having regard to the Treaty establishing the European products falling within , subheading 04.02 B II b) as Economic Community ; regards the component of the levy fixed by means of a coefficient expressing the weight ratio between the Having regard to Council Regulation ( EEC) No milk components contained in the product and the 804/68 (') of 27 June 1968 on the common organiza­ product itself ; tion of the market in milk and milk products, as last amended by Regulation (EEC) No 740/75 (2), and in particular Article 14(8) thereof ; Whereas the basic amount must be equal to one hundredth part of the levy set out for each product in Having regard . to the Opinion of the Monetary the second subparagraph of Article 9(1 ) and the Committee ; second subparagraph of Article 9 (2) of Regulation Whereas Article 14 of Regulation ( EEC) No 804/68 ( EEC) No 1073/68 ; provides for charging a levy on imports of the products listed in Article 1 of that Regulation ; Whereas for products belonging to Group No 11 , whereas these products may be divided into groups ; originating in and exported from third countries, for whereas the product groups and the pilot groups and which it is found on importation into the Community the pilot product for each of these groups are set out that the ruling price is not less than 130 units of in Annex I to Council Regulation ( EEC) No 823/68 (3) account per 100 kg in respect of the products falling of 28 June 1968 determining the groups' of products within subheadings 04.04 E I b) 2 and 04.04 E I b) 3 , and the special provisions for calculating levies on or not less than 115 units of account per 100 kg in milk and milk products, as last amended by Regula­ respect of the products falling within subheading tion ( EEC) No 823/75 (■») ; 04.04 E I b) 4, the levy per 100 kg is defined in Whereas the levy on the products in any one group Article 8 of Regulation (EEC) No 823/68 ; must be equal to the threshold price for the pilot product less the free-at-frontier price ; whereas these Whereas, for as long as it is found that on importation threshold prices were fixed for the 1975/76 milk year into the Community the price of an assimilated by Council Regulation ( EEC) No 468 /75 (5 ) of 27 product for which the levy is not equal to the levy on February 1 975 ; its pilot product is considerably lower than the price which would obtain if the ratio to the price of the Whereas, however, Regulation (EEC) No 823/68 lays pilot product were normal , the levy must be equal to down special provisions for calculating the levy on the sum of two components : 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 — one component equal to the amount resulting that Regulation respectively ; whereas this method from the provisions of Articles 2 to 7 of Regula­ consists in adding together the various components tion ( EEC) No 823/68 applicable to the assimi­ defined in those Articles ; lated product in question ;

Whereas Commission Regulation ( EEC) No — an additional component fixed at a level which , 1073 / 68 (6) of 24 July 1968 laying down detailed rules the composition and quality of the assimilated for determined free-a-frontier prices and for fixing product being taken into account, makes it levies in respect of milk and milk products provides possible to re-establish normal price ratios for that the component of the levy fixed by means of a imports into the Community ; coefficient expressing the weight ratio between the milk powder contained in the product and the Whereas Article 14(3) of Regulation ( EEC) No 804/68 product itself is, for the products falling within provides that the levy on products in respect of which subheading 04.02 13 I b) listed in Annex II to Regula­ the customs duty has been bound within GATT must be limited to the amount resulting from that binding ; (') OJ No L 148 , 28 . 6. 1968 , p. 13 . (-') OJ No L 74, 22 . 3 . 1975, p. 1 . (3 ) OJ No L 151 , 30 . 6 . 1968 , p. 3 . Whereas Regulation (EEC) No 1073/68 provides that (4 ) Sec page 3 of this Official Journal . (5 ) OJ No L 52, 28 . 2. 1975, p. 16 . a free-at-frontier price must be established for each of (") OJ No L 1 80, 26. 7 . 1968 , p. 25 . the pilot products defined in Annex I to Regulation

No L 79 / 32 28 . 3 . 75 Official Journal of the European Communities

( EEC) No 823/68 ; whereas these prices must be deter­ Whereas, in exceptional circumstances, a free-at­ mined for products of good marketable quality ; frontier price may remain unchanged for a limited period where the new level of the price for a given 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 Whereas the free-at-frontier prices must be estab­ next free-at-frontier price and if the Commission lished on the basis of the most favourable purchasing considers that the prices which are available could 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 ( EEC) No 804/68 other than assimilated products for sentative of real market trends ; 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 provides that the levies are fixed every fortnight ; whereas they may be altered in the intervening period Whereas, however, no account should be taken of if necessary ; whereas the levy remains valid until information relating to small quantities which are not another becomes applicable ; representative of trade in the product in question and quantities in respect of which price trends in general or other information available to it lead the Commis­ Whereas, if the levy system is to operate normally, sion to believe that the price in question is unrepre­ refunds should be calculated on the following basis : sentative of the real trend of the market ; — in the case of currencies which are maintained in relation to each other, at any given moment, within a band of 2-25 % , at rate of exchange based on their effective parity ; Whereas the prices used must be adjusted where they are not quoted free-at-Community-frontier or where — for other currencies, an exchange rate based on the they do not apply to products of good marketable arithmetic mean of the spot market rates of each quality ; whereas the ajustment in respect of an assimi­ of these currencies recorded for a given period , in lated product the levy on which is equal to the levy relation to the Community currencies referred to on its pilot product must be effected in such a way as in the previous subparagraph ; to allow, in particular, for differences in composition , maturity, quality and presentation between the assimi­ Whereas it follows from applying all these provisions lated product and the related pilot product ; whereas that the levies on milk and milk products must be adjustments relating to composition must be calcu­ fixed as shown in the' Annex to this Regulation ; lated by multiplying the difference between the milk 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 the milk component in question ; whereas the differ­ HAS ADOPTED THIS REGULATION : ence between the value attributed on the Community market to each of the relevant characteristics of the pilot product and the value attributed on that market to the corresponding characteristics of the assimilated Article 1 product in question must be taken into account when the other adjustments are being effected ; The levies referred to in Article 14(1 ) of Regulation (EEC) No 804/ 68 are hereby fixed as shown in the Annex to this Regulation . 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 Article 2 rials contained in the pilot product in question (calcu­ lated on the basis of the prices of milk products for which prices are available), average processing costs This Regulation shall enter into force on 1 April and average yields ; 1 975 .

28 . 3 . 7.5 Official Journal of the European Communities No L 79/33

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

Done at Brussels, 26 March 1975 .

For the Commission

P. J. LARDINOIS Member of the Commission

No L 79/34 Official Journal of the European Communities 28 . 3 . 75

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 : 0110 16.19 \ a) In immediate packings of a net capacity of 2 litres or less b) Other 0120 14.19

II . Other : a) In immediate packings of a net capacity of 2 litres or less and of a fat content, by weight : 0130 14.19 1 . Not exceeding % 0140 17-82 2. Exceeding % b) Other, of a fat content, by weight : 0150 13-19 1 . Not exceeding % 2 . Exceeding 4 °/o 0160 16-82

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

0200 39.73 1 . Exceeding % but not exceeding % 0300 84.04 II . Exceeding 21 °/o but not exceeding % 0400 129.88 III. Exceeding 45 %

04.02 Milk and cream, preserved, concentrated or sweetened : A. Not containing added sugar : 0500 11-48 I. Whey 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 51-47 1 . Not exceeding % 0720 79.64 2 . Exceeding 1.5 °/o but not exceeding 27 °/o 0820 81-64 3 . Exceeding 27 °/o but not exceeding % 0920 93.18 4. Exceeding 29 % b) Other, of a fat content, by weight : 1020 45-47 1 . Not exceeding 1.5 °/o 1120 73-64 2. Exceeding % but not exceeding % 1220 75.64 3 . Exceeding 27 °/o but not exceeding % 1320 87.18 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 % or less : 1420 12.19 1 . Of a fat content, by weight, of 8.9 °/o or less 1520 16-46 2 . Other b) Other, of a fat content, by weight : 1620 84-04 1 . Not exceeding 45 % 1720 129-88 2. Exceeding 45 °/o

28 . 3 . 75 No L 79/35 Official Journal of the European Communities

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 (*), 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 1910 33-00 \ 2. Exceeding % but not exceeding % 3 . Exceeding 17 °/o but not exceeding % 2010 36.00 2110 38-00 4. Exceeding % 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 % (3) 2220 per kg 0-4547 (9) bb) Exceeding % but not exceeding % (3) 2320 per kg 0.7364 (9) cc) Exceeding % (3) 2420 per kg 0-8718 (9)

2. Other, of a fat content, by weight : aa) Not exceeding 1.5 % (3) 2520 per kg 0-4547 (10) bb) Exceeding % but not exceeding 27 °/o (3) 2620 per kg 0.7364 (10) cc) Exceeding % (3) 2720 per kg 0-8718 (10)

II . Milk and cream, other than in powder or granules : I

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 °/o 2810 22.74 l

r b) Other, of a fat content, by weight : I

1 . Not exceeding 45 % (3) 2910 per kg 0-8404 (10) 2 . Exceeding % (3) 3010 • per kg 1.2988 ( 10)

04.03 Butter : I

A. Of a fat content, by weight, not exceeding % 3110 152.80

B. Other 3210 186-42

04.04 Cheese and curd :

A. Emmentaler, Gruyere, Sbrinz, Bergkase and Appenzell, not grated or powdered : I. Of a minimum fat content of % by weight, referred to dry matter, matured for at least 3 months (2) : a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg net weight of : 3317 15-00 1 . 186.68 u.a. ( a) or more but less than 206-68 u.a . ( a) 2. 206-68 u.a . ( a ) or more 3416 120-52 («)

No L 79/36 Official Journal of the European Communities 28 . 3 . 75

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

04.04 b) Pieces packed in vacuum or in inert gas : (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 206*68 u.a . ( a) or more, but less than 234.68 u.a . ( a) per 100 kg net weight 3517 15.00 bb) Of 450 g or more and of a free-at-frontier value (5) of 234.68 u.a . ( a) or more per 100 kg net weight 3615 120-52 (»)

2. Other, of a net weight of 75 g or more but not exceeding 250 g (6) and of a free-at-frontier value (5) of 254.68 u.a. ( a) or more per 100 kg net weight 3715 120-52 (")

II . Other 3800 120.52

B. Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (2) 3900 117.00 ( 12)

C. Blue-veined cheese, not grated or powdered 4000 85-42

D. Processed cheese, not grated or powdered : l

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 % 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 % in respect of the remaining 1 /6 4211 31.00 c) Exceeding % but not exceeding 56 % in respect of the aggregate of portions or slices 4311 35-00

II . Other, of a fat content, by weight : I

a) Not exceeding 36 °/o and of a fat content, by weight, referred to dry matter : I

1 . Not exceeding % 4410 98.80 2 . Exceeding % 4510 107-54

4610 187-54 b ) Exceeding 36 %

E. Other : I

I. Not grated or powdered, of a fat content, by weight, not exceeding % and a water content, calculated by weight, of the non-fatty matter : \

4710 117.00 a) Not exceeding %

28 . 3 . 75 Official Journal of the European Communities No L 79 37

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

04.04 b) Exceeding % but not exceeding 72 % : (cont'd) 1 . Cheddar, including Chester : aa) Whole Cheddar cheeses (4) made from unpasteuri­ zed milk, of a minimum fat content of 50 % by weight, in the dry matter, matured for a least nine months and of a free-at-frontier value of not less than 186.20 u.a. per 100 kg net weight (2) 4830 15.00 bb) Other 4850 123.26 l

2. Tilsit and Butterkase, of a fat content, by weight, referred to the dry matter (2) : aa) Not exceeding 48 °/o 4922 101-45 ( 13) bb) Exceeding 48 % 5022 101-45 (") 3 . Kashkaval (2) 5030 101.45 ( 1S) 4. Cheese of sheep's milk or buffalo milk in containers holding brine, or in sheep- or goat-skin bottles (2) 5060 101.45 ( 1S) 5 . Other 5120 101-45

c) Exceeding 72 % :

1 . In immediate packings of a net capacity not exceeding 5210 76.09 500 g 2. Other 5250 181-45 l

' II. Not specified :

5310 117.00 a) ^ Grated or powdered b) Other 5410 181-45 I

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 by weight of the pure product (18) 5500 15.25

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

A. Lactose and lactose syrup 5600 15-25 l

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 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 % or less by weight of starch : 1 2 3. Containing 50 % or more but less than 75 % by weight of milk products 5700 36.10 4. Containing 75 % or more by weight of milk products 5800 46-56

No L 79/38 Official Journal of the European Communities 28 . 3 . 75

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

23.07 b) Containing more than 10 % but not more than 30 °/o by (cont'd) weight of starch : 1 2 5900 43.33 3 . Containing 50 % or more by weight of milk products

c) Containing more than % by weight of starch : 1 2 3 . Containing 50 % or more by weight of milk products 6000 35-12

II. Containing no starch, glucose or glucose syrup, but contain­ 6100 46-56 ing milk products

For notes (') to ('), 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) 0 u.a . (M) 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 % of the value for customs purposes . (") The levy is limited to 43.80 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation (EEC) No 1054/68 as amended). (14) The levy is limited to 63.80 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 43.80 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 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 17.02 A II . (a) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 7.11 u.a . per 100 kg net. NB : For the purposes of heading No 04.04, the exchange rate to be applied in converting into national currencies the unit of account referred to in the subdivisions of this heading shall, notwithstanding general rule C 3 contained in Part I, Section I of the Common Customs Tariff be the representative rate, if such a rate is fixed pursuant to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy ( OJ No 106, 30. 10. 1962, p. 2553/62).