CELEX: 31973R0266
Language: en
Date: 1973-02-01 00:00:00
Title: Regulation (EEC) No 266/73 of the Commission of 31 January 1973 fixing the import levies on milk and milk products

No L 30/52                                 Official Journal of the European Communities                                1 . 2 . 73
                                  REGULATION (EEC) No 266/73 OF THE COMMISSION
                                                         of 31 January 1973
                                          fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                         provides that the component of the levy fixed by
COMMUNITIES,                                                           means of a coefficient expressing the weight ratio
                                                                       between the milk powder contained in the product
Having regard to the Treaty establishing the Euro­                     and the product itself is, for the products falling
pean Economic Community ;                                              within subheading No 04.02 Bib) listed in Annex II
Having regard to Council Regulation (EEC) No 804/                      to Regulation (EEC) No 823/68 , calculated by multi­
68 (*) of 27 June 1968 on the common organization                      plying the basic amount by the quantity of milk
of the market in milk and milk products, as last                       powder contained in the product ; whereas the same
amended by the Act (2 ) annexed to the Treaty (3) on                   applies to products falling within subheading No
the Accession of new Member States to the European                     04.02 B II b ) as regards the component of the levy
Economic Community and the European Atomic                             fixed by means o| a coefficient expressing the
Energy Community, signed at Brussels on 22 January                     weight ratio between the milk components con­
1972, and in particular Article 14 ( 8 ) thereof ;                     tained in the product and the product itself ;
Whereas Article 14 of Regulation (EEC ) No 804/68
provides for charging a levy on imports of the pro­                    Whereas the basic amount must be equal to one hun­
ducts listed in Article 1 of that Regulation ; whereas                 dredth part of the levy set out for each product in
these products may be divided into groups ; whereas                    the second subparagraph of Article 9 ( 1 ) and the
the product groups and the pilot groups and the                        second subparagraph of Article 9 ( 2) of Regulation
pilot product for each of these groups are set out in                  ( EEC) No 1073/68 ;
Annex I to Council Regulation (EEC) No 823/68 (4)
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 mended by the Act                      originating in and exported from third countries, for
annexed to the Treaty on the Accession of new                          which it is found on importation into the Commu­
Member States to the European Economic Com­                            nity that the rulling price is not less than 95 units of
munity and the European Atomic Energy Commu­                           account per 100 kg in respect of the products falling
nity, signed at Brussels on 22 January 1972 ;                          within subheading No 04.04 E I b) 2 and No 04.04
                                                                       E I b ) 3 , or not iess than 80 units of account per 100
Whereas the levy on the products in any one group                      kg in respect of the products falling within subhead­
must be equal to the threshold price for the pilot                     ing No 04.04 E I b ) 4, the levy per 100 kg is equal :
product less the free-at-frontier price ; whereas these
threshold prices were fixed for the 1972/73 milk
year by Council Regulation ( EEC) No 648/72 ( 5 ) of                   — to the threshold price less 95 units of account, if
30 March 1972 ;                                                            the product falls within subheading No 04.04 E I
                                                                           b ) 2 aa), 04.04 E I b) 3 or 04.04 E I b ) 4 ;
Whereas, however, Regulation ( EEC) No 823 /68
lays down special provisions for calculating the levy                  — to the sum of the following components if the
on certain assimilated products ; whereas these pro­                       product falls within subheading No 04.04 E I b )
ducts are listed and the method of calculating the                         2 bb) :
levy on them described in Annex II and in Articles 2
to 7 of that Regulation respectively ; whereas this                        ( a) a component equal to the threshold price less
method consists in adding together the various com­                              95 units of account ;
ponents defined in those Articles ;
                                                                           ( b ) a component equal to 20 units of account ;
Whereas Commission Regulataion (EEC) No
1073/68 ( 6) of 24 July 1968 laying down detailed                      — to the threshold price less 85 units of account, if
rules for determined free-at-frontier prices and for                       the product falls within subheading Nos 04.04 E
fixing levies in respect of milk and milk products                         I b ) 3 or 04.04 E I b) 4.
(*)  OJ  No L 148 , 28 . 6. 1968, p . 13 .
(2)  OJ  No L 73 , 27. 3 . 1972, p . 14 .                              Whereas, for as long as it is found that on importa­
(■3) OJ  No L 73 , 27. 3 . 1972 , p . 5 .                              tion into the Community the price of an assimilated
(4)  OJ  No L 151 , 30. 6 . 1968 , p. 3 .
 (5) OJ  No L 79, 1 . 4 . 1972, p . 4.                                 product for which the levy is not equal to the levy
 (") O ) No L 180, 26. 7. 1968 , p . 25 .                              on its pilot product is considerably lower than the
 ---pagebreak--- 1 . 2. 73                          Official Journal of the European Communities                           No L 30/53
price which would obtain if the ratio to the price of        in general or other information available to it lead
the pilot product were normal, the levy must be              the Commission to believe that the price in question
equal to the sum of two components :                         is unrepresentative of the real trend of the market :
— one component equal to the amount resulting                Whereas the prices used must be adjusted where
     from the provisions of Articles 2 to 7 of Regula­       they are not quoted free-at-Community-frontier or
     tion (EEC ) No 823/68 applicable to the assimi­         where they do not apply to products of good market­
     lated product in question ;                             able quality ; whereas the ajustment in respect of
                                                             an assimilated product the levy on which is equal to
                                                             the levy on its pilot product must be effected in such
— an additional component fixed at a level which,            a way as to allow, in particular, for differences in
     the composition and quality of the assimilated          composition, maturity, quality and presentation be­
     product being taken into account, makes it pos­         tween the assimilated product and the related pilot
     sible to re-establish normal price ratios for im­       product ; whereas adjustments relating to composi­
     ports into the Community ;                              tion must be calculated by multiplying the difference
                                                             between the milk component content of the pilot
                                                             product and that of the assimilated product in ques­
                                                             tion by the value attributed in international trade to
                                                             one unit of weight of the milk component in ques­
Whereas Article 14 (3 ) of Regulation (EEC) No               tion ; whereas the difference between the value attri­
804/68 provides that the levy on products in respect         buted on the Community market to each of the rele­
of which the customs duty has been bound within              vant characteristics of the pilot product and the
GATT must be limited to the amount resulting from            value attributed on that market to the corresponding
that binding ;                                               characteristics of the assimilated product in question
                                                             must be taken into account when the other adjust­
                                                             ments are being effected ;
Whereas Regulation (EEC ) No 1073/68 provides
that a free-at-frontier price must be established for
each of the pilot products defined in Annex I to Reg­        Whereas, if no information on prices is available,
ulation ( EEC) No 823/68 ; whereas these prices              the free-at-frontier price may, by way of exception,
must be determined for products of good market­              be established on the basis of the value of the raw
able quality ;                                               materials contained in the pilot product in question
                                                              ( calculated on the basis of the prices of milk pro­
                                                             ducts for which prices are available), average pro­
                                                             cessing costs and average yields ;
Whereas the free-at-frontier prices must be estab­
 lished on the basis of the most favourable purchas­
ing opportunities in international trade for the pro­
ducts listed in Article 1 ( a) 2 and ( b) to ( g) of Regu­   Whereas, in exceptional circumstances, a free-at­
lation ( EEC ) No 804/68 other than assimilated pro­         frontier price may remain unchanged for a limited
ducts for which the levy is not equal to the levy on         period where the new level of the price for a given
the related pilot products ; whereas, when recording          quality or a specific origin, used as a basis for estab­
these purchasing opportunities , the Commission               lishing the previous free-at-frontier price, has not
must take account of all information obtained di­
                                                             reached the Commission to enable it to establish the
 rect or through the Member States concerning prices         next free-at-frontier price and if the Commission
 for delivery of third-country products free-at­              considers that the prices which are available could
 Community frontier and prices on third-country              lead to sudden and considerable changes in the free­
 markets ;
                                                              at-frontier price because they are not sufficiently
                                                              representative of real market trends ;
Whereas, however, no account should be taken of              Whereas, in accordance with Article 19 ( 1 ) of Regu­
 information relating to small quantities which are          lation (EEC) No 804/ 68, the nomenclature provided
 not representative of trade in the product in ques­          for in this Regulation is incorporated in the Com­
tion and quantities in respect of which price trends          mon Customs Tariff :
 ---pagebreak---   No L 30/54                       Official Journal of the European Communities                                1 . 2 . 73
  Whereas Article 8 of Regulation (EEC) No 1073/68             HAS ADOPTED THIS REGULATION :
  provides that the levies are fixed every fortnight ;                                Article 1
. whereas they may be altered in the intervening period
  if necessary ; whereas the levy remains valid until          The levies referred to in Article 14 ( 1 ) of Regulation
  another becomes applicable ;                                 ( EEC) No 804/68 are hereby fixed as shown in the
                                                               Annex to this Regulation .
                                                                                      Article 2
  Whereas it follows from applying all these provi­
  sions that the levies on milk and milk products must         This Regulation shall enter into force on 1 February
  be fixed as shown in the Annex to this Regulation ;          1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 January 1973 .
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 1 . 2. 73                             Official Journal of the European Communities                     No L 30/55
                                                                ANNEX
                                       Tariff Nomenclature
                                                                                                        Levy
                                                                                        Code
                                                                                                (in u.a. /100 kg net
   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 % :
                   I. Yoghourr, 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                                                         0110           13-47
                       b) Other                                                         0120           11-47
                  II . Other :
                       a) In immediate packings of a net capacity of 2 litres or less
                           and of a fat content, by weight :
                           1 . Not exceeding 4 %                                        0130           II-47
                           2. Exceeding 4 %                                             0140           14-60
                       b) Other, of a fat content, by weight :
                           1. Not exceeding 4 %                                         0150           10-47
                           2. Exceeding 4 °/o                                           0160           13-60
               B. Other, of a fat content, by weight :
                     I. Exceeding 6 % but not exceeding 21 %                            0200           34-23
                    II. Exceeding 21 °/o but not exceeding 45 °/o                       0300           72-42
                  III. Exceeding 45 °/o                                                 0400         111-92
04.02          Milk and cream , preserved, concentrated or sweetened :
               A. Not containing added sugar :
                     I. Whey                                                            0500             5-75
                    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           31-55
                            2. Exceeding 1-5 %> but not exceeding 27 °/o                0720           63-91
                            3. Exceeding 27 % but not exceeding 29 °/o                  0820           65-91
                            4. Exceeding 29 %>                                          0920           81-39
                        b) Other, of a fat content, by weight :
                            1 . Not exceeding 1-5 %                                     1020           25-55
                            2. Exceeding 1·5 °/o but not exceeding 27 %                 1120           57-91
                            3. Exceeding 27 % but not exceeding 29 %                    1220           59-91
                            4. Exceeding 29 °/o                                         1320           75-39
                   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 % or less           1420          15-47
                            2. Other                                                     1520          20-88
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 45 °/o                                    1620          72-42
                             2 . Exceeding 45 °/o                                        1720         III-92
 ---pagebreak--- No L 30/56                          Official Journal of the European Communities                           1 . 2. 73
                                     Tariff Nomenclature
                                                                                                      Levy
                                                                                      Code
                                                                                             (in u. a. / 100 kg net
  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
                         2.   Exceeding 14*5 % but not exceeding 15-5 °/o            1910           33-00
                         3.   Exceeding 17 % but not exceeding 18 °/o                2010           36-00
                         4.   Exceeding 23 % but not exceeding 24 °/o                2110           38-00
                     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 %> (s)                           2220   0-2555 per kg (»)
                              bb) Exceeding 1·5 % but not exceeding 27 % (®)         2320   0-5791 per kg (9)
                              cc) Exceeding 27 °/o (8)                               2420   0-7539 per kg (®)
                         2. Other, of a fat content, by weight :
                              aa) Not exceeding 1·5 % (3)                            2520   0-2555 per kg (10)
                              bb) Exceeding 1-5 %> but not exceeding 27 % (8)        2620   0-5791 per kg (10)
                              cc) Exceeding 27 °/o (3)                               2720   0-7539 per kg (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 °/o 2810           29-08
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 % (3)                                  2910   0-7242 per kg (10)
                         2. Exceeding 45 °/o (3)                                     3010   1-1192 per kg (lu)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 °/o                   3110         131-67
              B. Other                                                               3210         160-64
04.04         Cheese and curd :
              A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell, not
                 grated or powdered :
                  I. 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 (5) per 100 kg
                         net weight of :
                          1 . 142-58 u.a . or more but less than 162-58 u.a.         3313           15-00
                         2 . 162*58 u.a . or more                                    3412           78-97 (")
 ---pagebreak--- 1 . 2. 73                           Official Journal of the European Communities                      No L 30/57
                                    Tariff Nomenclature
                                                                                                       Levy
                                                                                        Code
                                                                                               (in u.a ./100 kg net
   CCT heading                                                                               weight unless otherwise
       No                                    Description of goods                                   indicated)
04.04                  b) Vacuum-packed pieces :
(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 162-58 u.a. or inore
                                   but less than 190-58 u.a. per 100 kg net weight     3513           15-00
                              bb) Of 450 g or more and of a free-at-frontier value (5)
                                  of 190-58 u.a. or more per 100 kg net weight         3611           78-97 (")
                           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 210-58 u.a. or more per 100 kg net weight             3711           78-97 (")
                  II. Other                                                            3800           78-97     .
               B. Glarus herb cheese (known as Schabziger) made from skimmed
                  milk and mixed with finely-ground herbs (2)                          3900          80-12 (12)
               C. Blue-veined cheese, nöt grated or powdered                           4000           40-95
               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 °/o 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 °/o in respect of
                          the remaining 1/6                                            4211          31-00
                      c) Exceeding 48 °/o but not exceeding 56 % in respect of
                          the aggregate of portions or slices                          4311          35-00
                  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 %>                                      4410           69-29
                          2. Exceeding 48 %                                            4510           81-13
                      b) Exceeding 36 °/o                                              4610         161-13
               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          80-12
 ---pagebreak--- No L 30/58                         Official Journal of the European Communities                          1 . 2. 73
                                   Tariff Nomenclature
                                                                                                     Levy
                                                                                     Code
                                                                                            (in u. a. /100 kg net
  CCT heading                                                                             weight unless otherwise
      No                                   Description of goods                                  indicated)
04.04                b) Exceeding 47 °/o but not exceeding 72 %> :
(cont'd)
                         1 . Cheddar, including Chester                              4810          71-05
                         2. Tilsat, of a fat content, by weight, referred to the dry
                             matter (2) :
                             aa) Not exceeding 48 °/o                                4920          65-89 ( 13)
                             bb) Exceeding 48 °/o                                    5020          65-89 ( 14)
                         3. Kashkaval (2)                                            5030          65-89 ( 15)
                         4. Cheese of sheep's milk or buffalo milk, in containers
                             holding brine, or in sheep- or goat-skin bottles (2)    5060          65-89 ( 15)
                         5 . Other                                                   5120           65-89
                     c) Exceeding 72 % :
                         1 . In immediate packings of a net capacity not exceeding
                             500 g                                                   5210           49-42
                         2 . Other                                                   5250         140-89
                 II. Not specified :
                     a) Grated or powdered                                           5310          80-12
                     b ) Other                                                       5410         140-89
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 (1β)                              5500           16-34
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           16-34
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 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 °/o or less by
                         weight of starch :
                         1
                         2
                         3 . Containing 50 % or more but less than 75 % by
                             weight of milk products                                 5700          21-16
                         4 . Containing 75 °/o or more by weight of milk products    5800          27-04
                     b ) Containing more than 10 %> but not more than 30°/o
                         by weight of starch :
                          1
                         2
                         3 . Containing 50°/« or more by weight of milk products     5900           25-38
 ---pagebreak--- 1 . 2 . 73                                   Official Journal of the European Communities                                         No L 30/59
                                              Tariff Nomenclature
                                                                                                                                   Levy
                                                                                                                 Code
                                                                                                                           (in u.a. /100 kg net
    CCT heading                                                                                                          weight unless otherwise
           No                                          Description of goods                                                     indicated )
23.07                            c) Containing more than 30 °/o by weight of starch :
( cont'd )                          1
                                    2
                                    3 . Containing 50 % or more by weight of milk products                      6000              21-08
                             II. Containing no starch, glucose or glucose syrup, but contain­
                                 ing milk products                                                              6100             27-04
For notes (') to (8), 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) 2.16 u.a .
( 10) 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 ) 2-16 u.a .
(") The levy is limited to 7-50 u.a . per 100 kg net weight .
('») The levy is limited to 6 °/o of the value for customs purposes .
C3) The levy is limited to 44-90 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No
       1054/68 as amended ).
C4) The levy is limited to 64-90 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No
       1054/68 as amended).
( 15) The levy is limited to 44-90 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 1 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 No 17.02 A II .