31977R0907

No L 108 / 30 Official Journal of the European Communities 30 . 4. 77

COMMISSION REGULATION (EEC) No 907/77 of 29 April 1977 fixing the import levies on milk and milk products

THE COMMISSION OF THE EUROPEAN No 823/68, calculated by multiplying the basic COMMUNITIES , amount by the quantity of milk powder contained in the product ; whereas the same applies to products Having regard to the Treaty establishing the European falling within subheading 04.02 B II b) as regards the Economic Community, component of the levy fixed by means of a coefficient expressing the weight ratio between the milk compo­ Having regard to Council Regulation (EEC) No 804/ 68 of 27 June 1968 on the common organization nents contained in the product and the product itself ; of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in Whereas the basic amount must be equal to one particular Article 14(8) thereof, hundredth part of the levy set out for each product in the second subparagraph of Article 9(1 ) and the Having regard to the opinion of the Monetary Committee, second subparagraph of Article 9 (2) of Regulation (EEC) No 1073/68 ; Whereas Article 14 of Regulation (EEC) No 804/68 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 of account per 100 kg in respect of the products falling 28 June 1968 determining the groups of products and within subheadings 04.04 E I b) 2 and 04.04 E I b) 3, the special provisions for calculating levies on milk or not less than 115 units of account per 100 kg in and milk products (3), as last amended by Regulation respect of the products falling within subheading 04.04 E I b) 4, the levy per 100 kg is defined in (EEC) No 874/77 (4) ; Article 8 of Regulation (EEC) No 823/68 ; Whereas the levy on the products in any one group 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 1977/78 milk year into the Community the price of an assimilated by Council Regulation (EEC) No 873/77 of 26 April product for which the levy is not equal to the levy on 1977 (5 ); 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 — one component equal to the amount resulting them described in Annex II and in Articles 2 to 7 of from the provisions of Articles 2 to 7 of Regula­ that Regulation respectively ; whereas this method tion (EEC) No 823/68 applicable to the assimi­ consists in adding together the various components lated product in question ; defined in those Articles ; — an additional component fixed at a level which, Whereas Commission Regulation (EEC) No 1073/68 the composition and quality of the assimilated of 24 July 1968 laying down detailed rules for deter­ product being taken into account, makes it mining free-a-frontier prices and for fixing levies in possible to re-establish normal price ratios for respect of milk and milk products (6), provides that imports into the Community ; the component of the levy fixed by means of a coeffi­ cient expressing the weight ratio between the milk powder contained in the product and the product Whereas Article 14(3) of Regulation (EEC) No 804/68 itself is, for the products falling within subheading provides that the levy on products in respect of which 04.02 Bib) listed in Annex II to Regulation (EEC) the customs duty has been bound within GAIT must be limited to the amount resulting from that binding ; (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 67, 15 . 3 . 1976, p . 9 . (3) OJ No L 151 , 30 . 6 . 1968 , p. 3 . Whereas Regulation (EEC) No 1073/68 provides that 4 OJ No L 106, 29 . 4 . 1977 , p . 20 . (5 ) OJ No L 106, 29 . 4 . 1977, p. 19. a free-at-frontier price must be established for each of 6 OJ No L 180, 26 . 7. 1968 , p. 25. the pilot products defined in Annex I to Regulation

30 . 4. 77 Official Journal of the European Communities No L 108 /31

(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 noi reached the Commission to enable it to establish the Whereas the free-at-frontier prices must be estab­ lished on the basis of the most favourable purchasing next free-at-frontier price and if the Commission opportunities in international trade for the products considers that the prices which are available could listed in Article 1 (a) 2 and (b) to (g) of Regulation lead to sudden and considerable changes in the free­ (EEC) No 804/68 other than assimilated products for at-frontier price because they are not sufficiently repre­ 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 Whereas the prices used must be adjusted where they on their effective parity ; 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 lated product and the related pilot product ; whereas Whereas it follows from applying all these provisions adjustments relating to composition must be calcu­ that the levies on milk and milk products must be lated by multiplying the difference between the milk fixed as shown in the Annex to this Regulation , 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 ence between the value attributed on the Community HAS ADOPTED THIS REGULATION : 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 product in question must be taken into account when Article 1 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 rials contained in the pilot product in question (calcu­ Article 2 lated on the basis of the prices of milk products for which prices are available), average processing costs and average yields ; This Regulation shall enter into force on 1 May 1977.

No L 108/32 Official Journal of the European Communities 30 . 4. 77

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

Done at Brussels, 29 April 1977. For the Commission

Finn GUNDELACH Vice-President

30. 4. 77 Official Journal of the European Communities No L 108 /33

ANNEX

to the Commission Regulation of 29 April 1977 fixing the import levies on milk and milk products

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

34.01 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 two litres or less 0110 21-83 0120 19-83 b) Other II . Other : a) In immediate packings of a net capacity of two litres or less and of a fat content, by weight : 0130 19-83 1 . Not exceeding 4 %> 0140 24-29 2. Exceeding 4 °/o b) Other, of a fat content, by weight : 0150 18-83 1 . Not exceeding 4 °/o 0160 23-29 2 . Exceeding 4 °/o

B. Other, of a fat content, by weight : 0200 48-73 I. Exceeding 6 °/o but not exceeding 21 % 0300 103-09 II. Exceeding 21 %> but not exceeding 45 #/o 0400 159-32 III. Exceeding 45 °/o

04.02 Milk and cream, preserved, concentrated or sweetened : A. Not containing added sugar : I. Whey 0500 15-30 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 97-77 2 . Exceeding 1-5 %> but not exceeding 27 °/o 0720 121-60 3 . Exceeding 27 %> but not exceeding 29 %> 0820 123-60 4. Exceeding 29 °/o 0920 135-68 b) Other, of a fat content, by weight : 1 . Not exceeding 1-5 % 1020 91-77 2. Exceeding 1-5 °/o but not exceeding 27 %> 1120 115-60 3 . Exceeding 27 °/o but not exceeding 29 % 1220 117-60 4. Exceeding 29 °/o 1320 129-68 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 30-67 2 . Other 1520 41-40

No L 108 /34 Official Journal of the European Communities 30. 4. 77

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

04.02 b) Other, of a fat content, by weight : (cont'd) 1620 1 . Not exceeding 45 ·/· 103-09 2. Exceeding 45 ·/· 1720 159-32

B. Containing added sugar : 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, exceeding 10 °/o but not exceeding 27 °/o (*) 1820 30-00

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 (*) 2220 per kg 0-9177 (e)

r bb) Exceeding 1·5 °/o but not exceeding 27 %> (*) 2320 per kg 1-1560 (9) 2420 per kg 1-2968 (·) cc) Exceeding 27 ·/# (*)

2 . Other, of a fat content, by weight : aa) Not exceeding 1-5 ®/o (■) 2520 per kg 0-9177 ( 10)

bb) Exceeding 1-5 e/o but not exceeding 27 % (') 2620 per kg 1-1560 ( 10) cc) Exceeding 27 % (·) 2720 per kg 1-2968 (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 33-26

b) Other, of a fat content, by weight : 1 . Not exceeding 45 e/o (·) 2910 per kg 1-0309 ( 10)

2. Exceeding 45 ·/· (·) 3010 per kg 1-5932 ( 10)

MJB& Butter : A. Of a fat content, by weight, not exceeding 85 ·/· 3110 187-43

B. Other 3210 228-66

04.04 Cheese and curd :

A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell, not grated or powdered :

t I. Of a minimum fat content of 45/ο by weight, referred to ' dry matter, matured for at least three months (*) :

a) Whole cheese (4) of a free-at-frontier value (·) per 100 kg net weight of : 1 . 220-70 u.a . or more but less than 240-70 u.a . 3121 15-00

2 . 240-70 u.a. or more 3420 130-06 (»)

30. 4. 77 Official Journal of the European Communities No L 108/35

Tariff Nomenclature ■ LCTT Code (in u. a./100 kg net 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 240-70 u.a. or more but less than 268-70 u.a . per 100 kg net weight 3521 15-00 V. bb) Of 450 g or more and of a free-at-frontier value (5) of 268-70 u.a. or more per 100 kg net weight 3619 130-06 (»)

2. Other, of a net weight of 75 g or more but not exceeding 250 g (·) and of a free-at-frontier value (5) of 288-70 u.a. or more per 100 kg net weight 3719 130-06 («)

II. Other 3800 130-06

B. Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely-ground herbs (*) 3900 156-62 ( 12 )

C. Blue-veined cheese, not grated or powdered 4000 127-81

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 for retail sale (7), of a free-at-frontier value (®) of not less than 150 u.a. per 100 kg net weight and of a fat content, by weight, in the dry matter, not exceeding 56 %> (*) 4120 30-00

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 e/o 4410 129-12

2. Exceeding 48 % 4510 137-29

. b) Exceeding 36 ®/o 4610 217-29

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 :

a) Not exceeding 47 ·/· 4710 156-62

No L 108/36 Official Journal of the European Communities 30 . 4. 77

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

04.04 b) Exceeding 47 ·/· 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 4834 15-00 than 213·20 u.a. per 100 kg net weight (2) 4850 163-83 bb) Other

2 . Tilsit and Butterkäse, of a fat content, by weight, referred to the dry matter (*) : 4922 137-19 ( 13) aa) Not exceeding 48 % 5022 137-19 (") bb) Exceeding 48 °/o 3 . Kashkaval (2) 5030 137-19 (") 4 . Cheese of sheep's milk or buffalo milk in containers 5060 137-19 (") holding brine, or in sheep- or goat-skin bottles (l) 5 . Other 5120 137-19

c) Exceeding 72 %> : 1 . In immediate packings of a net capacity not exceeding 5210 102-89 500 g 2 . Other 5250 217-19

II. Not specified : 5310 156-62 a ) Grated or powdered 5410 217-19 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 by weight of the pure product ( 16) 5500 18-95

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 18-95

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 (e) : 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 or more but less than 75 % by weight of milk products 5700 70-83 4 . Containing-75 % or more by weight of milk products 5800 91-93

30 . 4. 77 Official Journal of the European Communities No L 108 /37

Tariff Nomenclature Levy Code (in u. a./100 kg net CCT heading weight unlets 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 85-57 3 . Containing 50/o or more by weight of milk products

c) Containing more than 30 °/o by weight of starch : 1 2 3 . Containing 50/o or more by weight of milk products 6000 69-30

II. Containing no starch, glucose or glucose syrup, bur contain­ ing milk products 6100 91-93

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) 9*92 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 ) 9-92 u.a . (") The levy is limited to 7-50 u.a . per 100 kg net weight . (") The levy is limited to 6*1» of the value for customs purposes . (") The levy is limited to 64-00 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland (Regulation (EEC) Mo 1054/68 as amended). (u) The levy is limited to 84-00 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland ( Regulation (EEC) N«» 1054/68 as amended). (15) The levy is limited to 64-00 u.a . per 100 kg net weight for imports from Bulgaria , Hungary , Romania and Turkey ( Regulation (EEC) N» 1054/68 as amended). (") Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation (EEC) So 2730/75, subject to the same levy as that applicable to lactose and lactose syrup falling within subheading 17.02 A II . 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).