CELEX: 31975R0512
Language: en
Date: 1975-03-01 00:00:00
Title: Regulation (EEC) No 512/75 of the Commission of 28 February 1975 fixing the import levies on milk and milk products

No L 55/32                                  Official Journal of the European Communities                                1 . 3 . 75
                                REGULATION ( EEC) No 512/75 OF THE COMMISSION
                                                         of 28 February 1975
                                    fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                         levies in respect of milk and milk products provides
COMMUNITIES,                                                           that the component of the levy fixed by means of a
                                                                       coefficient expressing the weight ratio between the
                                                                       milk powder contained in the product and the
Having regard to the Treaty establishing the European
                                                                       product itself is, for the products falling within
Economic Community ;
                                                                       subheading No 04.02 Bib) listed in Annex II to
                                                                       Regulation ( EEC) No 823/ 68 , calculated by multi­
Having regard to Council Regulation ( EEC) No                          plying the basic amount by the quantity of milk
804/68 ( 1 ) of 27 June 1968 on the common organiza­                   powder contained in the product ; whereas the same
tion of the market in milk and milk products, as last                  applies to products falling within subheading No
amended by Regulation (EEC) No 465/75 (2 ), and in                     04.02 B II b) as regards the component of the levy
particular Article 14(8) thereof ;                                     fixed by means of a coefficient expressing the weight
                                                                       ratio between the milk components contained in the
                                                                       product and the product itself ;
Having regard to the Opinion of the Monetary
Committee ;
Whereas Article 14 of Regulation ( EEC) No 804/ 68                     Whereas the basic amount must be equal to one
provides for charging a levy on imports of the                         hundredth part of the levy set out for each product in
products listed in Article 1 of that Regulation ;                      the second subparagraph of Article 9(1 ) and the
whereas these products may be divided into groups ;                    second subparagraph of Article 9 (2) of Regulation
whereas the product groups and the pilot groups and                    ( EEC) No 1073/ 68 ;
the pilot product for each of these groups are set out
in Annex I to Council Regulation ( EEC) No 823/ 68 (-')
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 amended by Regula­                     originating in and exported from third countries, for
tion ( EEC) No 467/75 (4 ) ;                                           which it is found on importation into the Community
                                                                       that the rulling price is not less than 110 units of
                                                                       account per 100 kg in respect of the products falling
Whereas the levy on the products in any one group                      within subheading No 04.04 E I b) 2 and No 04.04 E
must be equal to the threshold price for the pilot                      I b) 3 , or not less than 80 units of account per 100 kg
product less the free-at-frontier price ; whereas these                 in respect of the products falling within subheading
threshold prices were fixed for the 1975/76 milk year                   No 04.04 E I b) 4, the levy per 100 kg is equal :
by Council Regulation ( EEC) No 468 / 75 (3 ) of 27
February 1 975 ;
                                                                       — to the threshold price less 1 10 units of account, if
Whereas, however, Regulation ( EEC) No 823 / 68 lays                        the product falls within subheading No 04.04 E I
down special provisions for calculating the levy on                         b) 2 aa ), 04.04 E I b) 3 or 04.04 E I b) 4 ;
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                    — to the sum of the following components if the
that Regulation respectively ; whereas this method                          product falls within subheading No 04.04 E I b) 2
consists in adding together the various components                          bb) :
defined in those Articles ;
Whereas Commission                   Regulation ( EEC) No                   (a ) a component equal to the threshold price less
 1073 /68 (6) of 24 July 1968 laying down detailed rules                          I I 0 units of account ;
 for determined free-a-frontier prices and for fixing
                                                                            (b ) a component equal to 20 units of account ;
(')  OJ No   L 148 , 28 . 6 . 1968 , p. 13 .
(2)  OJ No   L 52, 28 . 2 . 1975 , p. 8 .
(3)  OJ No   L 151 , 30 . 6 . 1968 , p. 3 .
(4)  OJ No   L 52, 28 . 2 . 1975, p. 10 .                               — to the threshold price less 95 units of account, if
(5 ) OJ No   L 52, 28 . 2 . 1975 , p. 16 .                                  the product falls within subheading Nos 04.04 E I
(6)  OJ No   L 180 , 26 . 7 . 1968 , p. 25 .                                b) 3 or 04.04 E I b) 4 .
 ---pagebreak---   1 . 3 . 75                        Official Journal of the European Communities                           No L 55/ 33
  Whereas, for as long as it is found that on importation     on its pilot product must be effected in such a way as
  into the Community the price of an assimilated               to allow, in particular, for differences in composition ,
  product for which the levy is not equal to the levy on       maturity, quality and presentation between the assimi­
  its pilot product is considerably lower than the price       lated product and the related pilot product ; whereas
  which would obtain if the ratio to the price of the         adjustments relating to composition must be calcu­
  pilot product were normal, the levy must be equal to         lated by multiplying the difference between the milk
  the sum of two components :                                  component content of the pilot product and that of
                                                               the assimilated product in question by the value attri­
  — one component equal to the amount resulting
                                                              buted in international trade to one unit of weight of
                                                               the milk component in question ; whereas the differ­
       from the provisions of Articles 2 to 7 of Regula­
                                                              ence between the value attributed on the Community
       tion (EEC) No 823/68 applicable to the assimi­          market to each of the relevant characteristics of the
       lated product in question ;
                                                               pilot product and the value attributed on that market
 — an additional component fixed at a level which,            to the corresponding characteristics of the assimilated
      the composition and quality of the assimilated          product in question must be taken into account when
       product being taken into account, makes it             the other adjustments are being effected ;
      possible to re-establish normal price ratios for
      imports into the Community ;
                                                              Whereas, if no information on prices is available, the
                                                              free-at-frontier price may, by way of exception, be
 Whereas Article 14(3) of Regulation (EEC) No 804/68          established on the basis of the value of the raw mate­
 provides that the levy on products in respect of which       rials contained in the pilot product in question (calcu­
 the customs duty has been bound within GATT must             lated on the basis of the prices of milk products for
 be limited to the amount resulting from that binding ;       which prices are available), average processing costs
                                                              and average yields ;
 Whereas Regulation (EEC) No 1073/68 provides that
 a free-at-frontier price must be established for each of     Whereas, in exceptional circumstances, a free-at­
 the pilot products defined in Annex I to Regulation          frontier price may remain unchanged for a limited
 (EEC) No 823/68 ; whereas these prices must be deter­        period where the new level of the price for a given
 mined for products of good marketable quality ;              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
Whereas, however, no account should be taken of               provides that the levies are fixed every fortnight ;
information relating to small quantities which are not        whereas they may be altered in the intervening period
representative of trade in the product in question and        if necessary ; whereas the levy remains valid until
quantities in respect of which price trends in general        another becomes applicable ;
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­
sentative of the real trend of the market ;
                                                              Whereas, if the levy system is to operate normally,
                                                              refunds should be calculated on the following basis :
Whereas the prices used must be adjusted where they
are not quoted free-at-Community-frontier or where            — in the case of currencies which are maintained in
they do not apply to products of good marketable                   relation to each other, at any given moment,
quality ; whereas the ajustment in respect of an assimi­           within a band of 2-25 % , at rate of exchange based
lated product the levy on which is equal to the levy               on their effective parity ;
 ---pagebreak--- No L 55/34                       Official Journal of the European Communities                              1 . 3 . 75
— for other currencies, an exchange rate based on the        HAS ADOPTED THIS REGULATION :
    arithmetic mean of the spot market rates of each                               Article 1
    of these currencies recorded for a given period, in
    relation to the Community currencies referred to         The levies referred to in Article 14(1 ) of Regulation
    in the previous subparagraph ;                           (EEC) No 804/68 are hereby fixed as shown in the
                                                             Annex to this Regulation .
                                                                                   Article 2
Whereas it follows from applying all these provisions
that the levies on milk and milk products must be            This Regulation shall enter into force on 3 March
fixed as shown in the Annex to this Regulation ;              1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 February 1975.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 1 . 3 . 75                             Official Journal of the European Communities                    No L 55 /35
                                                               ANNEX
                                      Tariff Nomenclature
                                                                                                       Levy
                                                                                               (in u.a./100 kg net
                                                                                        Code
  CCT u eading                                                                               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 :
                        a) In immediate packings of a net capacity of 2 litres or less  0110           16.09
                        b) Other                                                        0120           14.09
                  II . Other :
                        a) In immediate packings of a net capacity of 2 litres or less
                            and of a fat content, by weight :                          I
                            1 . Not exceeding 4 %>                                      0130          14.09
                            2. Exceeding 4 °/o                                          0140           17.72
                        b) Other, of a fat content, by weight :
                            1 . Not exceeding 4 %                                       0150           13.09
                            2. Exceeding 4 °/o                                          0160          16.72
               B. Other, of a fat content, by weight :                                 II
                    I. Exceeding 6 °/o but not exceeding 21 °/o                         0200          39.66
                   II. Exceeding 21 % but not exceeding 45 °/o                          0300          83.89
\                 III. Exceeding 45 %                                                   0400         129-64
04.02          Milk and cream, preserved, concentrated or sweetened :
               A. Not containing added sugar :
                    I. Whey
                                                                                       I0500          11.19
                   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 :                     I              50.47
                             1 . Not exceeding 1.5 °/o                                  0620
                            2. Exceeding 1.5 °/o but not exceeding 27 %»                0720          79.29
                            3 . Exceeding 27 % but not exceeding 29 °/o                 0820          81.29
                            4. Exceeding 29 °/o                                         0920          92.89
                         b) Other, of a fat content, by weight :
                             1 . Not exceeding 1.5 %>                                   1020          44.47
                            2. Exceeding 1.5 %> but not exceeding 27 %>                 1120          73.29
                            3 . Exceeding 27 % but not exceeding 29 %>                  1220          75.29
                            4. Exceeding 29 %>                                          1320          86-89
                  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          12.19
                            2 . Other                                                   1520          16.46
                        b) Other, of a fat content, by weight :
                            1 . Not exceeding 45 °/o                                    1620          83.89
                            2 . Exceeding 45 %                                          1720        129.64
 ---pagebreak--- No L 55/36                        Official Journal of the European Communities                              1 . J.  o
                                  Tariff Nomenclature
                                                                                                      Levy
                                                                                      Code
                                                                                             (in u.a . / 100 kg ner
 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 %                 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 %> (3)                              2220  per kg 0-4447 (9)
                            bb) Exceeding 1.5 %> but not exceeding 27 %> (3)          2320  per kg 0 -7329 (9)
                            cc) Exceeding 27 %> (3)                                   2420  per kg 0.8689 (9)
                       2. Other, of a fat content, by weight :
                            aa) Not exceeding 1.5 °/o (3)                             2520  per kg 0.4447 (10)
                            bb) Exceeding 1.5 % but not exceeding 27 %> (s)           2620  per kg 0.7329 (10)
                            cc) Exceeding 27 °/o (3)                                  2720  per kg 0-8689 (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           22.74
                    b) Other, of a fat content, by weight :
                       1 . Not exceeding 45 %> (3)                                    2910  per kg 0.8389 (10)
                       2. Exceeding 45 %> (3)                                         3010  per kg 1.2964 (10)
04.03        Butter :
             A. Of a fat content, by weight, not exceeding 85 %>                      3110         152.52
             B. Other                                                                 3210         186.07
04.04        Cheese and curd :
             A. Emmentaler, Gruyere, Sbrinz, Bergkase and Appenzell, not
                grated or powdered :
                 I. Of a minimum fat content of 45 °/o by weight, referred to
                    dry matter, matured for at least 3 months (2) :
                    a) Whole cheese (*) 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 ) 3317            15.00
                       2. 206.68 u.a . ( a) or more                                   3416         120 -52 (")
 ---pagebreak--- 1 . 3 . 75                         Official Journal of the European Communities                       No L 55/37
                                   Tariff Nomenclature                                 l
                                                                                                      Levy
                                                                                       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 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        116.20! (12)
              C. Blue-veined cheese, not grated or powdered                            4000          84-72
              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 (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 %> in respect of the aggregate of por­
                         tions or slices
                                                                                       l
                                                                                       4111          30.00
                     b) Not exceeding 48 %> 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 «
                     c) Exceeding 48 %> 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 °/o                                      4410          98.79
                         2. Exceeding 48 %                                             4510        107.47
                     b) Exceeding 36 %>                                                4610        187.47
              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 °/o                                          4710        116.20
 ---pagebreak--- No L 55/38                        Official Journal of the European Communities                        1 . 3 . 75
                                  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 °/o :
(cont'd )               1 . Cheddar, including Chester                            4810         122.87
                        2 . Tilsit and Butterkase, of a fat content, by weight,
                            referred to the dry matter (*) :
                            aa) Not exceeding 48 °/o                              4922         101.45 ( 13)
                            bb) Exceeding 48 %                                    5022         101.45 (")
                        3 . Kashkaval (2) •                                       5030         101.45 (15)
                        4. Cheese of sheep's milk or buffalo milk in containers
                            holding brine, or in sheep- or goat-skin bottles (2)  5060         101.45 (")
                        5 . Other                                                 5120         101.45
                    c) Exceeding 72 °/o :
                        1 . In immediate packings of a net capacity not exceeding
                            500 g                                                 5210          76.09
                        2 . Other                                                 5250         181-45
                II. Not specified :
                    a) Grated or powdered                                         5310         116.20
                    b) Other                                                      5410         181.45
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           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
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 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           35.35
                        4. Containing 75 %» or more by weight of milk products    5800          45.58
                    b) Containing more than 10 %> but not more than 30 % by
                        weight of starch :
                        1
                        2
                        3. Containing 50 °/o or more by weight of milk products   5900           42.31
 ---pagebreak---  1 . 3 . 7.5                                 Official Journal of the European Communities                                        No L 55 /39
                                             Tariff Nomenclature                                          Il
                                                                                                                                 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 % ot more by weight of milk products                        6000            34.03
                           II. Containing no starch, glucose or glucose syrup, but contain­
                               ing milk products                                                                6100            45.58
For notes (') to (•), see notes (l) 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) 0 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) 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).
(u) 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).
(15) 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.