++++

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

( 2 ) OJ N L 74 , 22 . 3 . 1975 , P . 1 .

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

( 4 ) OJ N L 52 , 28 . 2 . 1975 , P . 10 .

( 5 ) OJ N L 172 , 22 . 7 . 1968 , P . 1 .

( 6 ) OJ N L 72 , 20 . 3 . 1975 , P . 1 .

REGULATION ( EEC ) N 823/75 OF THE COUNCIL

OF 27 MARCH 1975

AMENDING REGULATION ( EEC ) N 823/68 AS REGARDS THE CONDITIONS FOR THE ENTRY OF CERTAIN CHEESES UNDER CERTAIN TARIFF HEADINGS 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 740/75 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS , IN AN ARRANGEMENT CONCLUDED WITH CANADA ON 28 FEBRUARY 1975 , IT IS PROVIDED THAT THE COMMUNITY SHALL ESTABLISH , IN THE FRAMEWORK OF ITS AUTONOMOUS POLICY , SPECIAL IMPORT ARRANGEMENTS FOR CHEDDAR WHICH MEET CERTAIN CONDITIONS ; WHEREAS THESE ARRANGEMENTS PROVIDE FOR A LEVY OF 15 UNITS OF ACCOUNT PER 100 KG ;

WHEREAS 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 467/75 ( 4 ) , MUST THEREFORE BE AMENDED ;

WHEREAS THE GUIDE PRICE FOR MILK AND THE THRESHOLD PRICES WILL BE ALTERED WITH EFFECT FROM 16 SEPTEMBER 1975 ; WHEREAS THE FREE-AT-FRONTIER VALUES OF EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL CHEESES FALLING WITHIN SUBHEADING 04.04 A I AND THE FREE-AT-FRONTIER VALUE OF CHEDDAR FALLING WITHIN SUBHEADING 04.04 E I B ) 1 MUST THEREFORE BE ADJUSTED ACCORDINGLY ;

WHEREAS COUNCIL REGULATION ( EEC ) N 950/68 ( 5 ) OF 28 JUNE 1968 ON THE COMMON CUSTOMS TARIFF WAS AMENDED BY REGULATION ( EEC ) N 656/75 ( 6 ) ; WHEREAS IN THE INTERESTS OF CLARITY THIS AMENDMENT SHOULD BE INCORPORATED IN ANNEX II TO REGULATION ( EEC ) N 823/68 ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

AN ARTICLE 6B AS FOLLOWS IS INSERTED IN REGULATION ( EEC ) N 823/68 :

" ARTICLE 6B

THE LEVY ON 100 KG OF A PRODUCT IN GROUP 10 AND FALLING WITHIN SUBHEADING 04.04 E I B ) 1 AA ) SHALL BE EQUAL TO 15 UNITS OF ACCOUNT . "

ARTICLE 2

ANNEX II TO REGULATION ( EEC ) N 823/68 IS AMENDED AS FOLLOWS :

1 . THE DESCRIPTION OF THE GOODS FALLING WITHIN SUBHEADING 04.04 E I B ) 1 OF THE COMMON CUSTOMS TARIFF IS REPLACED BY THE DESCRIPTION IN ANNEX I TO THIS REGULATION .

2 . THE TEXT OF FOOTNOTE 4 IS REPLACED BY THE FOLLOWING :

" ( 4 ) ( A ) IN THE CASE OF EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL , " WHOLE CHEESES " MEANS WHOLE CHEESES OF THE CONVENTIONAL FLAT CYLINDRICAL SHAPE OF THE FOLLOWING NET WEIGHTS :

_ EMMENTALER : NOT LESS THAN 60 KG BUT NOT MORE THAN 130 KG ,

_ GRUYERE AND SBRINZ : NOT LESS THAN 20 KG BUT NOT MORE THAN 45 KG ,

_ BERGKAESE : NOT LESS THAN 20 KG BUT NOT MORE THAN 60 KG ,

_ APPENZELL : NOT LESS THAN 6 KG BUT NOT MORE THAN 8 KG ;

( B ) IN THE CASE OF CHEDDAR , " WHOLE CHEESES " MEANS :

_ WHOLE CHEESES OF THE CONVENTIONAL FLAT CYLINDRICAL SHAPE OF A NET WEIGHT OF NOT LESS THAN 39 KG BUT NOT MORE THAN 44 KG ,

_ CUBIC BLOCKS OF CHEESE OF A NET WEIGHT OF NOT LESS THAN 16 KG BUT NOT MORE THAN 21 KG . "

3 . THE FOLLOWING TEXT IS ADDED AFTER THE FOOTNOTES :

" NB : FOR THE PURPOSES OF HEADING N 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 RATE IS FIXED PURSUANT TO COUNCIL REGULATION N 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 N 106 , 30 . 10 . 1962 , P . 2553/62 ) . "

ARTICLE 3

WITH EFFECT FROM 16 SEPTEMBER 1975 THE DESCRIPTIONS OF THE GOODS FALLING WITHIN SUBHEADINGS 04.04 A I AND 04.04 E I B ) 1 AA ) OF THE COMMON CUSTOMS TARIFF CONTAINED IN ANNEX II TO REGULATION ( EEC ) N 823/68 ARE REPLACED BY THOSE CONTAINED IN ANNEX II TO THIS REGULATION .

ARTICLE 4

1 . THE COMMON CUSTOMS TARIFF ANNEXED TO REGULATION ( EEC ) N 950/68 IS AMENDED IN ACCORDANCE WITH ANNEX III TO THIS REGULATION .

2 . WITH EFFECT FROM 16 SEPTEMBER 1975 THE COMMON CUSTOMS TARIFF ANNEXED TO REGULATION ( EEC ) N 950/68 IS AMENDED IN ACCORDANCE WITH ANNEX IV TO THIS REGULATION .

ARTICLE 5

THE CHANGES IN NOMENCLATURE PROVIDED FOR IN ARTICLES 1 , 2 , 3 AND 4 SHALL NOT AFFECT IMPORT OR EXPORT LICENCES OR CERTIFICATES ISSUED BEFORE THE DATE FROM WHICH SUCH CHANGES ARE TO APPLY .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 APRIL 1975 .

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

DONE AT BRUSSELS , 27 MARCH 1975 .

FOR THE COUNCIL

THE PRESIDENT

M . A . CLINTON

ANNEX I

AMENDMENT TO ANNEX II TO REGULATION ( EEC ) N 823/68 AS FROM 1 APRIL 1975

CCT HEADING * DESCRIPTION

N

04.04 * E . ( UNCHANGED )

* 1 . ( UNCHANGED )

* A ) ( UNCHANGED )

* B ) ( UNCHANGED )

* 1 . CHEDDAR , INCLUDING CHESTER :

* AA ) WHOLE CHEESES ( 4 ) MADE FROM UNPASTEURIZED MILK ,

* OF A MINIMUM FAT CONTENT OF 50 % BY WEIGHT , IN

* THE DRY MATTER , MATURED FOR AT LEAST NINE MONTHS

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

* 186 * 20 U.A . PER 100 KG NET WEIGHT ( 2 )

* BB ) OTHER

ANNEX II

AMENDMENTS TO ANNEX II TO REGULATION ( EEC ) N 823/68 AS FROM 16 SEPTEMBER 1975

CCT HEADING * DESCRIPTION

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 . 196 * 06 U.A . ( A ) OR MORE , BUT LESS THAN 216 * 06 U.A . ( A )

* 2 . 216 * 06 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 216 * 06

* U.A . ( A ) BUT LESS THAN 244 * 06 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 244 * 06 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 264 * 06 U.A . ( A ) PER 100 KG NET WEIGHT

* II . ( UNCHANGED )

* E . ( UNCHANGED )

* 1 . ( UNCHANGED )

* A ) ( UNCHANGED )

* B ) ( UNCHANGED )

* 1 . CHEDDAR , INCLUDING CHESTER :

* AA ) WHOLE CHEDDAR CHEESES ( 4 ) , MADE FROM UNPASTEURIZED

* MILK , OF A MINIMUM FAT CONTENT OF 50 % BY WEIGHT ,

* IN THE DRY MATTER , MATURED FOR AT LEAST NINE MONTHS

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

* 193 * 10 U.A . PER 100 KG NET WEIGHT ( 2 )

* BB ) OTHER

( A ) FOR IMPORTS INTO THE UNITED KINGDOM , THIS FREE-AT-FRONTIER VALUE SHALL BE REDUCED BY 9 * 99 U.A . PER 100 KG NET WEIGHT .

ANNEX III

AMENDMENTS TO THE COMMON CUSTOMS TARIFF AS FROM 1 APRIL 1975

CHAPTER 4 OF THE COMMON CUSTOMS TARIFF IS AMENDED AS FOLLOWS :

1 . THE TEXT OF ADDITIONAL NOTE 4 IS REPLACED BY THE FOLLOWING :

" 4 ( A ) THE EXPRESSION " WHOLE CHEESES " , AS USED IN SUBHEADING 04.04 A I A ) , SHALL BE TAKEN TO APPLY TO WHOLE CHEESES OF THE CONVENTIONAL FLAT CYLINDRICAL SHAPE OF THE FOLLOWING NET WEIGHTS :

_ EMMENTALER : NOT LESS THAN 60 KG BUT NOT MORE THAN 130 KG ;

_ GRUYERE AND SBRINZ : NOT LESS THAN 20 KG BUT NOT MORE THAN 45 KG ;

_ BERGKAESE : NOT LESS THAN 20 KG BUT NOT MORE THAN 60 KG ;

_ APPENZELL : NOT LESS THAN 6 KG BUT NOT MORE THAN 8 KG .

( B ) THE EXPRESSION " WHOLE CHEESES " , AS USED IN SUBHEADING 04.04 E I B ) 1 AA ) , SHALL BE TAKEN TO APPLY TO :

_ WHOLE CHEESES OF THE CONVENTIONAL FLAT CYLINDRICAL SHAPE OF A NET WEIGHT OF NOT LESS THAN 39 KG BUT NOT MORE THAN 44 KG ,

_ CUBIC BLOCKS OF CHEESE OF A NET WEIGHT OF NOT LESS THAN 16 KG BUT NOT MORE THAN 21 KG . "

2 . SUBHEADING 04.04 E I B ) 1 IS AMENDED AS FOLLOWS :

* * RATE OF DUTY

CCT HEADING

N * DESCRIPTION * AUTONOMOUS % * CONVENTIONAL

* * OR LEVY ( L ) * %

04.04 * E . ( UNCHANGED )

* 1 . ( UNCHANGED )

* A ) ( UNCHANGED )

* B ) ( UNCHANGED )

* 1 . CHEDDAR , INCLUDING CHESTER :

* AA ) WHOLE CHEDDAR CHEESES , MADE FROM UNPASTEURIZED

* 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 ( B ) * 23 ( L ) * _

* BB ) OTHER * 23 ( L ) * _

( B ) ENTRY UNDER THIS SUBHEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES .

ANNEX IV

AMENDMENTS TO THE COMMON CUSTOMS TARIFF AS FROM 16 SEPTEMBER 1975

IN CHAPTER 4 OF THE COMMON CUSTOMS TARIFF THE ENTRIES RELATING TO SUBHEADINGS 04.04 A I AND E I B ) 1 AA ) ARE AMENDED AS FOLLOWS :

* * RATE OF DUTY

CCT HEADING

N * DESCRIPTION * AUTONOMOUS % * CONVENTIONAL

* * OR LEVY ( L ) * %

1 * 2 * 3 * 4

04.04 * CHEESE AND CURD ( A ) :

* 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 . 196 * 06 U.A . ( * ) OR MORE , BUT LESS THAN 216 * 06 U.A . ( * ) * 23 ( L ) * ( C )

* 2 . 216 * 06 U.A . ( * ) OR MORE * 23 ( L ) * ( C )

* 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 OF NOT LESS THAN 216 * 06 U.A . ( * )

* BUT LESS THAN 244 * 06 U.A . ( * ) PER 100 KG NET WEIGHT * 23 ( L ) * ( C )

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

* VALUE OF NOT LESS THAN 244 * 06 U.A . ( * ) PER 100 KG

* NET WEIGHT * 23 ( L ) * ( C )

* 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 264 * 06 U.A . ( * ) PER 100 KG NET WEIGHT * 23 ( L ) * ( C )

* II . ( UNCHANGED )

* E . ( UNCHANGED )

* 1 . ( UNCHANGED )

* A ) ( UNCHANGED )

* B ) ( UNCHANGED )

* 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 AT LEAST NINE

* MONTHS AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS

* THAN 193 * 10 U.A . PER 100 KG NET WEIGHT ( B ) * 23 ( L ) * _

* BB ) OTHER * 23 ( L ) * _

( * ) FOR IMPORTS INTO THE UNITED KINGDOM , THIS FREE-AT-FRONTIER VALUE SHALL BE REDUCED BY 9 * 99 U.A . PER 100 KG NET WEIGHT .