++++

( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) SEE PAGE 8 OF THIS OFFICIAL JOURNAL .

( 3 ) OJ N L 151 , 30 . 6 . 1968 , P . 3 .

( 4 ) OJ N L 270 , 5 . 10 . 1974 , P . 1 .

REGULATION ( EEC ) N 467/75 OF THE COUNCIL

OF 27 FEBRUARY 1975

AMENDING REGULATION ( EEC ) N 823/68 AS REGARDS THE CONDITIONS OF ENTRY FOR CERTAIN KINDS OF CHEESES AND REGULATION ( EEC ) N 950/68 ON THE COMMON CUSTOMS TARIFF

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) N 465/75 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ANNEX II TO COUNCIL REGULATION ( EEC ) N 823/68 ( 3 ) OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) N 2518/74 ( 4 ) , LAYS DOWN CERTAIN CONDITIONS IN RESPECT OF THE ENTRY INTO THE COMMUNITY OF EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL CHEESES FALLING WITHIN SUBHEADING 04.04 A I OF THE COMMON CUSTOMS TARIFF ; WHEREAS THESE CONDITIONS INCLUDE IN PARTICULAR OBSERVANCE OF FREE-AT-FRONTIER VALUES CORRESPONDING TO CONSOLIDATION UNDER GATT ; WHEREAS THESE VALUES MUST BE ALIGNED ON THE COMMUNITY TARGET PRICE FOR MILK FOR THE PERIOD FROM 3 MARCH TO 15 SEPTEMBER 1975 ;

WHEREAS THE TARIFF SUBDIVISIONS FOR SPECIAL MILK FOR INFANTS AND FOR PROCESSED CHEESES DERIVED FROM EMMENTALER FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADINGS 04.02 B I A ) AND 04.04 D I RESPECTIVELY , NO LONGER CORRESPOND TO THE NEEDS OF THE TRADE AND MAY , IN THE INTERESTS OF SIMPLIFICATION , BE REGROUPED IN ALL CASES IN A SINGLE SUBHEADING ; WHEREAS , MOREOVER , THE REQUIREMENTS AS TO THE PACKAGING OF SUCH PRODUCTS MUST BE ADJUSTED TO TAKE ACCOUNT OF CHANGES IN MARKET PREPARATION TECHNIQUES ;

WHEREAS SUCH SIMPLIFICATION OF THE COMMON CUSTOMS TARIFF WILL ENTAIL AMENDMENT OF THOSE PROVISIONS OF REGULATION ( EEC ) N 823/68 WHICH CONCERN THE FIXING OF LEVIES FOR THE PRODUCTS IN QUESTION ; WHEREAS , AS REGARDS MILK FOR INFANTS , IN VIEW OF THE LOW VOLUME SEEMS APPROPRIATE ; WHEREAS , AS REGARDS PROCESSED CHEESES , OWING TO THE FACT THAT 95 % OF TRADE IS IN CHEESES HAVING A FAT CONTENT , BY WEIGHT , IN THE DRY MATTER NOT EXCEEDING 48 % , A LEVY OF 30 UNITS OF ACCOUNT PER 100 KG SEEMS SUFFICIENT ;

WHEREAS ARTICLE 8 OF REGULATION ( EEC ) N 823/68 SETS OUT , INTER ALIA , THE METHOD OF CALCULATING LEVIES FOR CHEESES FALLING WITHIN SUBHEADINGS 04.04 E I B ) 2 , 04.04 E I B ) 3 AND 04.04 E I B ) 4 OF THE COMMON CUSTOMS TARIFF IN CASES WHERE , AT THE TIME OF IMPORTATION INTO THE COMMUNITY , THEIR PRICES DO NOT FALL BELOW CERTAIN MINIMUM PRICES ; WHEREAS THE MARKETING SITUATION OF THE CHEESES IN QUESTION AND THE INCREASED MILK PRICES AND PROCESSING COSTS MAKE IT POSSIBLE TO INCREASE THESE MINIMUM PRICES AND REDUCE THE LEVY ACCORDINGLY ;

WHEREAS THE TARIFF NOMENCLATURE EMPLOYED IN ANNEX II TO REGULATION ( EEC ) N 823/68 IS ALSO THAT OF THE COMMON CUSTOMS TARIFF ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE TEXT OF ARTICLE 3 ( 6 ) OF REGULATION ( EEC ) N 823/68 IS REPLACED BY THE FOLLOWING :

" 6 . IF IT FALLS WITHIN TARIFF SUBHEADING 04.02 B I A ) TO 30 UNITS OF ACCOUNT ; " .

2 . THE TEXT OF ARTICLE 6 OF REGULATION ( EEC ) N 823/68 IS REPLACED BY THE FOLLOWING :

" ARTICLE 6

THE LEVY ON 100 KG OF A PRODUCT IN GROUP 7 SHALL BE EQUAL :

_ IF IT FALLS WITHIN TARIFF SUBHEADING 04.04 A I A ) 1 OR 04.04 A I B ) 1 AA ) , TO 15 UNITS OF ACCOUNT ;

_ IF IT FALLS WITHIN TARIFF SUBHEADING 04.04 D I , TO 30 UNITS OF ACCOUNT . "

ARTICLE 2

THE TEXT OF ARTICLE 8 OF REGULATINN ( EEC ) N 823/68 IS REPLACED BY THE FOLLOWING :

" ARTICLE 8

WHERE PRODUCTS IN GROUP 11 , ORIGINATING IN AND COMING FROM THIRD COUNTRIES , ARE IMPORTED INTO THE COMMUNITY AT A PRICE NOT LESS THAN :

_ 130 UNITS OF ACCOUNT PER 100 KG , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING 04.04 E I B ) 2 OR 04.04 E I B ) 3 , OR

_ 115 UNITS OF ACCOUNT PER 100 KG , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING 04.04 E I B ) 4 ,

THE LEVY PER 100 KG OF PRODUCT SHALL BE EQUAL :

1 . IF THE PRODUCT FALLS WITHIN SUBHEADING 04.04 E I B ) 2 AA ) , 04.04 E I B ) 3 OR 04.04 E I B ) 4 , TO THE THRESHOLD PRICE LESS 130 UNITS OF ACCOUNT ;

2 . IF THE PRODUCT FALLS WITHIN SUBHEADING 04.04 E I B ) 2 BB ) TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT EQUAL TO THE LEVY AS CALCULATED PURSUANT TO POINT 1 ABOVE ;

( B ) A COMPONENT EQUAL TO 20 UNITS OF ACCOUNT . "

ARTICLE 3

THE DESCRIPTIONS OF GOODS FALLING WITHIN SUBHEADINGS 04.02 B I A ) , 04.04 A I AND 04.04 D I OF THE COMMON CUSTOMS TARIFF GIVEN IN ANNEX II TO REGULATION ( EEC ) N 823/68 ARE REPLACED BY THOSE SET OUT IN ANNEXES I AND II TO THIS REGULATION .

ARTICLE 4

THE COMMON CUSTOMS TARIFF ANNEXED TO REGULATION ( EEC ) N 950/68 IS AMENDED AS SHOWN IN ANNEXES III AND IV TO THIS REGULATION .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE :

_ AS REGARDS ARTICLE 2 AND THE AMENDMENTS SET OUT IN ANNEXES I AND III TO THIS REGULATION ON 3 MARCH 1975 ;

_ AS REGARDS ARTICLE 1 AND THE AMENDMENTS SET OUT IN ANNEXES II AND IV TO THIS REGULATION ON 16 APRIL 1975 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 27 FEBRUARY 1975 .

FOR THE COUNCIL

THE PRESIDENT

M . A . CLINTON

ANNEX I

CCT

HEADING * DESCRIPTION OF GOODS

N

04.04 * CHEESE AND CURD :

* A . EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL , NOT GRATED OR

* POWDERED :

* I . OF A MINIMUM FAT CONTENT OF 45 % BY WEIGHT , IN THE DRY MATTER ,

* MATURED FOR AT LEAST THREE MONTHS ( 2 ) :

* A ) WHOLE CHEESES ( 4 ) OF A FREE-AT-FRONTIER VALUE ( 5 ) PER 100 KG NET

* WEIGHT OF :

* 1 . 186 * 68 U.A . ( A ) OR MORE , BUT LESS THAN 206 * 68 U.A . ( A )

* 2 . 206 * 68 U.A . ( A ) OR MORE

* B ) PIECES PACKED IN VACUUM OR IN INERT GAS :

* 1 . WITH RIND ON AT LEAST ONE SIDE , OF A NET WEIGHT :

* AA ) OF NOT LESS THAN 1 KG BUT LESS THAN 5 KG AND OF A FREE-AT -

* FRONTIER VALUE ( 5 ) OF NOT LESS THAN 206 * 68 U.A . ( A ) BUT LESS

* THAN 234 * 68 U.A . ( A ) PER 100 KG NET WEIGHT

* BB ) OF NOT LESS THAN 450 G AND OF A FREE-AT-FRONTIER VALUE ( 5 )

* OF NOT LESS THAN 234 * 68 U.A . ( A ) PER 100 KG NET WEIGHT

* 2 . OTHER , OF A NET WEIGHT OF NOT LESS THAN 75 G BUT NOT MORE THAN

* 250 G ( 6 ) AND OF A FREE-AT-FRONTIER VALUE ( 5 ) OF NOT LESS THAN

* 254 * 68 U.A . ( A ) PER 100 KG NET WEIGHT

* II . ( UNCHANGED )

( A ) FOR IMPORTS INTO THE UNITED KINGDOM THIS FREE-AT-FRONTIER VALUE SHALL BE REDUCED BY 7 * 11 U.A . PER 100 KG NET WEIGHT .

ANNEX II

CCT

HEADING * DESCRIPTION OF GOODS

N

04.02 * B . CONTAINING ADDED SUGAR :

* I . MILK AND CREAM , IN POWDER OR GRANULES :

* A ) SPECIAL MILK FOR INFANTS ( 1 ) , IN HERMETICALLY SEALED CONTAINERS OF

* A NET CAPACITY OF 500 G OR LESS AND OF A FAT CONTENT , BY WEIGHT ,

* EXCEEDING 10 % BUT NOT EXCEEDING 27 % ( 2 )

* B ) ( UNCHANGED )

04.04 * 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 FOR RETAIL SALE ( 7 ) , OF A FREE-AT -

* FRONTIER VALUE ( 5 ) 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 % ( 2 )

* II . ( UNCHANGED )

( 7 ) FOR THE PURPOSES OF THIS SUBHEADING , THE EXPRESSION " PUT UP FOR RETAIL SALE " SHALL BE TAKEN TO APPLY TO CHEESE OF THE KINDS CLASSIFIED UNDER THIS SUBHEADING PUT UP IN IMMEDIATE PACKINGS OF A NET WEIGHT NOT EXCEEDING 1 KG CONTAINING PORTIONS OR SLICES OF AN INDIVIDUAL WEIGHT NOT EXCEEDING 100 G .

ANNEX III

IN CHAPTER 4 OF THE COMMON CUSTOMS TARIFF , THE COLUMNS RELATING TO SUBHEADING 04.04 A I ARE AMENDED AS FOLLOWS :

* * RATE OF DUTY

CCT

HEADING * DESCRIPTION OF GOODS

N * * AUTONOMOUS * CONVENTIONAL %

* * % OR LEVY ( L )

1 * 2 * 3 * 4

04.04 * CHEESE AND CURD :

* A . EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL , NOT GRATED

* OR POWDERED :

* I . OF A MINIMUM FAT CONTENT OF 45 % BY WEIGHT , IN THE DRY MATTER ,

* MATURED FOR AT LEAST THREE MONTHS ( B ) :

* A ) WHOLE CHEESES OF A FREE-AT-FRONTIER VALUE PER 100 KG NET

* WEIGHT OF :

* 1 . 186 * 68 U.A . ( * ) OR MORE , BUT LESS THAN 206 * 68 U.A . ( * ) * 23 ( L ) * ( A )

* 2 . 206 * 68 U.A . ( * ) OR MORE * 23 ( L ) * ( A )

* B ) PIECES PACKED IN VACUUM OR IN INERT GAS :

* 1 . WITH RIND ON AT LEAST ONE SIDE , OR OF A NET WEIGHT :

* AA ) OF NOT LESS THAN 1 KG BUT LESS THAN 5 KG AND OF

* A FREE-AT-FRONTIER VALUE OF NOT LESS THAN 206 * 68 U.A .

* ( * ) BUT LESS THAN 234 * 68 U.A . ( * ) PER 100 KG NET WEIGHT * 23 ( L ) * ( A )

* BB ) OF NOT LESS THAN 450 G AND OF A FREE-AT-FRONTIER

* VALUE OF NOT LESS THAN 234 * 68 U.A . ( * ) PER 100 KG NET

* WEIGHT * 23 ( L ) * ( A )

* 2 . OTHER , OF A NET WEIGHT OF NOT LESS THAN 75 G BUT NOT MORE

* THAN 250 G AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS

* THAN 254 * 68 U.A . ( * ) PER 100 KG NET WEIGHT * 23 ( L ) * ( A )

* II . ( UNCHANGED )

( * ) FOR IMPORTS INTO THE UNITED KINGDOM THIS FREE-AT-FRONTIER VALUE SHALL BE REDUCED BY 7 * 11 U.A . PER 100 KG NET WEIGHT

ANNEX IV

IN CHAPTER 4 OF THE COMMON CUSTOMS TARIFF , ADDITIONAL NOTE 6 AND SUBHEADINGS 04.02 B I A ) AND 04.04 D I ARE AMENDED AS FOLLOWS :

" 6 . FOR THE PURPOSES OF SUBHEADING 04.04 D I , THE EXPRESSION " PUT UP FOR RETAIL SALE " SHALL BE TAKEN TO APPLY TO CHEESE OF KINDS CLASSIFIED UNDER THAT SUBHEADING PUT UP IN IMMEDIATE PACKINGS OF A NET WEIGHT NOT EXCEEDING 1 KG CONTAINING PORTIONS OR SLICES OF AN INDIVIDUAL NET WEIGHT NOT EXCEEDING 100 G . "

* * RATE OF DUTY

CCT

HEADING * DESCRIPTION OF GOODS

N * * AUTONOMOUS * CONVENTIONAL %

* * % OR LEVY ( L )

1 * 2 * 3 * 4

04.02 * B . CONTAINING ADDED SUGAR :

* I . MILK AND CREAM , IN POWDER OR GRANULES :

* A ) SPECIAL MILK FOR INFANTS , IN HERMETICALLY SEALED CONTAINERS

* OF A NET CAPACITY OF 500 G OR LESS AND OF A FAT CONTENT , BY

* WEIGHT , EXCEEDING 10 % BUT NOT EXCEEDING 27 % ( A ) * 23 ( L ) * _

* B ) ( UNCHANGED )

04.04 * D . PROCESSED CHEESE , NOT GRATED OR POWDERED :

* I . IN THE BLENDING OF WHICH ONLY EMMENTALER , GRUYERE AND APPEN -

* ZELL HAVE BEEN USED AND WHICH MAY CONTAIN , AS AN ADDITION ,

* GLARUS HERB CHEESE ( KNOWN AS SCHABZIGER ) , PUT UP FOR RETAIL

* SALE , 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 % ( B ) * 23 ( L ) * _

* II . ( UNCHANGED )