CELEX: 31974R0744
Language: en
Date: 1974-03-30 00:00:00
Title: Regulation (EEC) No 744/74 of the Commission of 29 March 1974 fixing the import levies on milk and milk products

30. 3 . 74                                  Official Journal of the European Communities                              No L 86/51
                                     REGULATION (EEC) No 744/74 OF THE COMMISSION
                                                             of 29 March 1974
                                             fixing the import levies on milk and milk products
  THE COMMISSION OF THE EUROPEAN                                          rules for determined free-at-frontier prices and for
  COMMUNITIES,                                                            fixing levies in respect of milk and milk products
                                                                          provides that the component of the levy fixed by
                                                                          means of a coefficient expressing the weight ratio
 Having regard to the Treaty establishing the Euro­                       between the milk powder contained in the product
 pean Economic Community ;                                                and the product itself is, for the products falling
                                                                          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 Regulation (EEC ) No 662/74 (2 ), and in                      applies to products falling within subheading No
 particular Article 14 ( 8 ) thereof ;                                    04.02 B II b) as regards the component of the levy
                                                                          fixed by means of a coefficient expressing the
                                                                          weight ratio between the milk components con­
 Having regard to the Opinion of the Monetary                             tained in the product and the product itself ;
 Committee ;
 Whereas Article 14 of Regulation (EEC) No 804/68                         Whereas the basic amount must be equal to one hun­
 provides for charging a levy on imports of the pro­                      dredth part of the levy set out for each product in
 ducts listed in Article 1 of that Regulation ; whereas                   the second subparagraph of Article 9 ( 1) and the
these products may be divided into groups ; whereas                       second subparagraph of Article 9 (2) of Regulation
 the product groups and the pilot groups and the                          ( EEC ) No 1073/68 ;
 pilot product for each of these groups are set out in
Annex I to Council Regulation (EEC) No 823/68 (3)                        Whereas for products belonging to Group No 11 ,
 of 28 June 1968 determining the groups of products                       originating in and exported from third countries, for
 and the special provisions for calculating levies on                     which it is found on importation into the Commu­
milk and milk products, as last amended by Regu­                          nity that the railing price is not less than 95 units of
 lation ( EEC) No 664/74 (4) ;                                            account per 100 kg in respect of the products falling
                                                                          within subheading No 04.04 E I b) 2 and No 04.04
Whereas the levy on the products in any one group                         E I b ) 3 , or not less than 80 units of account per 100
must be equal to the threshold price for the pilot                       kg in respect of the products falling within subhead­
product less the free-at-frontier price ; whereas these                  ing No 04.04 E I b ) 4, the levy per 100 kg is equal :
threshold prices were fixed for the 1974/75 milk
year by Council Regulation ( EEC) No 665/74 ( 5 ) of                     — to the threshold price less 95 units of account, if
28 March 1974 ;
                                                                              the product falls witlan 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
                                                                              the product falls within subheading Nos 04.04 E
                                                                              I b ) 3 or 04.04 E I b) 4.
(l)  OJ  No  L 148, 28. 6. 1968, p. 13 .
(*)  OJ  No  L 85, 29 . 3 . 1974, p . 51 .                               Whereas, for as long as it is found that on importa­
(*)  OJ  No  L 151 , 30. 6. 1968, p. 3 .                                 tion into the Community the price of an assimilated
(4)  OJ  No  L 85 , 29 . 3 . 1974, p . 54 .
(5)  OJ  No  L 85 , 29 . 3 . 1974 , p . 57 .                             product for which the levy is not equal to the levy
(#)  OJ  No  L 180, 26. 7. 1968 , p . 25 .                               on its pilot product is considerably lower than the
 ---pagebreak--- No L 86/52                          Official Journal of the European Communities                              30 . 3 . 74
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--- 30. 3 . 74                         Official Journal of the European Communities                           No L 86/53
Whereas Article 8 of Regulation (EEC) No 1073/68                 period, in relation to the Community currencies
provides that the levies are fixed every fortnight ;             referred to in the previous subparagraph ;
whereas they may be altered in the intervening period        Whereas it follows from applying all these provi­
if necessary ; whereas the levy remains valid until          sions that the levies on milk and milk products must
another becomes applicable ;                                 be fixed as shown in the Annex to this Regulation ;
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
refunds should be calculated on the following basis :
                                                                                     Article 1
— in the case of currencies which are maintained in
    relation to each other, at any given moment,             The levies referred to in Article 14 ( 1 ) of Regulation
    within a band of 2-25 °/o, at rate of exchange           (EEC) No 804/68 are hereby fixed as shown in the
    based on their effective parity ;                        Annex to this Regulation.
                                                                                      Article 2
— for other currencies, an exchange rate based on
    the arithmetic mean of the spot market rates of          This Regulation shall enter into force on 1 April
    each of these currencies recorded for a given            1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 29 March 1974.
                                                                      For the Commission
                                                                         P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- No L 86/54                            Official Journal of the European Communities                              30. 3 . 74
                                                               ANNEX
                                      Tariff Nomenclature
                                                                                                           Levy
                                                                                                  ( in u. a. / 100 kg net
                                                                                          Code
  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 % :
                  1. 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
                          less                                                            0110             12-84
                       b) Other                                                           0120             10-84
                 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 °/e                                        0130             10-84
                           2 . Exceeding 4 °/o                                            0140             13-90
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 4 %>                                         0150                9-84
                           2. Exceeding 4 e/o                                             0160             12-90
              B. Other, of a fat content, by weight :
                    I. Exceeding 6 % but not exceeding 21 e/o                             0200              33-42
                   II. Exceeding 21 °/o but not exceeding 45 °/o                          0300              70-69
                 III. Exceeding 45 °/o                                                    0400            109-25
04.02   ,. *  Milk andxream, preserved, concentrated or sweetened :
              A. Not cOniaining added sugar :
                     I. Whey                                                              0500                5-19
                   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 :
                            1 . Not exceeding 1*5 %                                       0620             26-00
                            2. Exceeding 1·5 % but not exceeding 27 °/o                   0720             63-70
                            3. Exceeding 27 % but not exceeding 29 %                      0820             65-70
                            4. Exceeding 29 %                                             0920             79-06
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 1·5 %                                       1020            20-00
                            2. Exceeding 1*5 % but not exceeding 27 %                      1120            57-70
                            3. Exceeding 27 % but not exceeding 29 %                       1220            59-70
                             4. Exceeding 29 %                                             1320            73-06
                  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 °/o or less :
                             1 . Of a fat content, by weight, of 8-9 %> or less            1420             16-09
                             2. Other                                                      1520             21-72
                        b) Other, of a fat content, by weight :
                             1. Not exceeding 45 %                                         1620               70-69
                             2. Exceeding 45 °/·                                           1720            109-25
 ---pagebreak--- 30. 3 . 74                            Official Journal of the European Communities                           No L 86/55
                                      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 (*) :
                            1.  Exceeding   10 °/o but not exceeding 11 °/o                   1810           29-00
                           2.   Exceeding   14·5 °/o 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    per kg 0-2000 (9)
                               bb) Exceeding 1·5 ®/o but not exceeding 27 ®/o (s)            2320    per kg 0-5770 (®)
                               cc) Exceeding 27 % (*)                                        2420    per kg 0-7306 (9)
                           2. Other, of a fat content, by weight :
                               aa) Not exceeding 1-5 °/o (s)                                 2520   per kg 0-2000 ( 10)
                               bb) Exceeding 1-5 % but not exceeding 27 % (*)                2620   per kg 0-5770 ( 10)
                               cc) Exceeding 27 % (s)                                        2720   per kg 0-7306 ( 10)
                 11. 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            30-67
                      b) Other, of a fat content, by weight :
                           1 . Not exceeding 45 % (s)                                        2910   per kg 0-7069 ( 10)
                           2 . Exceeding 45 % (·)                                            3010   per kg 1-0925 ( 10)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 ·/·                           3110           128-53
              B. Other                                                                       3210           156-81
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 (*) :
                       a ) Whole cheese (4) of a free-at-frontier value (®) per 100 kg
                           net weight of :
                           1 . 165-54 u.a . ( a ) or more but less than 185-54 u.a . ( a )   3315            1500
                           2 . 185-54 u.a . ( a ) or more                                    3414          112-75 (ll )
 ---pagebreak--- No L 86/56                          Official Journal of the European Communities                               30. 3 . 74
                                     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 (® ) of 185-54 u.a. (a) or more
                                  but less than 213-54 u.a. (a) per 100 kg net weight     3515            15-00
                              bb) Of 450 g or more and of a free-at-frontier value (n)
                                  of 213-54 u.a. ( a) or more per 100 kg net weight       3613        112-75 («)
                          2. Other, of a net weight of 75 g or more but not
                              exceeding 250 g (®) and of a free-at-frontier value (s)
                              of 233-54 u.a . (a) or more per 100 kg net weight           3713        112-75 (")
                 If . Other                                                               3800        112-75
              B. Glarus herb cheese ( known as Schabziger) made from skimmed
                 milk and mixed with finely-ground herbs (*)                              3900        108-16 ( 12 )
              C. Rlue-veined cheesc, not grated or powdered                               4000          63-55
              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 °/o in respect of the aggregate of por­
                          tions or slices                                                 41  I           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                                              421 1           31-00
                      c) Exceeding 48 % but not exceeding 56 °/e 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 B/o                                        4410          92-38
                          2. Exceeding 48 °/o                                             4510          97-81
                      b) Exceeding 36 °/o                                                 4610        177-81
              E. Other :
                   I. Not grated or powdered, of a fat content, by weight, not
                      exceeding 40 °/o and a water content, calculated by weight,
                      of the non-fatty matter :
                      a) Not exceeding 47 •/•                                             4710        108-16
 ---pagebreak--- 30. 3 . 74                           Official Journal of the European Communities                    No L 86/57
                                      Tariff Nomenclature
                                                                                                      Levy
                                                                                      Code
                                                                                             (in u. a. /100 kg net
   CCT heading                                                                             weight unless otherwi
        No                                    Description of goods                                indicated)
04.04                  b) Exceeding 47 °/o but not exceeding 72 % :
(cont'd )
                           1 . Cheddar, including Chester                            4810        86-23
                           2. Tilsit and Butterkäse, of a fat content, by weight,
                               referred to the dry matter (l) :
                               aa) Not exceeding 48 °/o                              4922        94-94 ( 13)
                               bb) Exceeding 48 %                                    5022        94-94 ( 14)
                           3 . Kashkaval (2)                                         5030        94-94 ( 15)
                           4. Cheese of sheep's milk or buffalo milk, in containers
                               holding brine, or in sheep- or goat-skin bottles (2)  5060        94-94 ( 15 )
                           5 . Other                                                 5120        94-94
                       c ) Exceeding 72 °/o :
                           1 . In immediate packings of a net capacity not exceeding
                               500 g                                                 5210        71-21
                           2 . Other                                                 5250       174-94
                   II. Not specified :
                       a) Grated or powdered                                         5310       108-16
                       b ) Other                                                     5410       174-94
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 */o or more
                       by weight of the pure product (1β)                            5500        16-42 ( 1β )
1 7.0.5         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        16-42
13.07          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 e/o or more but less than 75 %> by
                               weight of milk products                               5700        17-00
                           4 . Containing 75 °/o or more by weight of milk products  5800        21-60
                       b) Containing more than 10 %> but not more than 30 %>
                           by weight of starch :
                           1
                           2
                           3- Containing 50 ·/# or more by weight of milk products   5900        20-00
 ---pagebreak--- No L 86/58                                    Official Journal of the European Communities                                                    30. 3 . 74
                                               Tariff Nomenclature
                                                                                                                                          Levy
                                                                                                                      Code
                                                                                                                                ( in u. a. / 100 kg net
   CCT heading                                                                                                                weight unless otherwiie
          No                                            Description of goods                                                          indicated)
23.07                             c) Containing more than 30 e/o by weight of starch :
( cont'd )                           1
                                     3 . Containing 50 °/o or more by weight of milk products                        6000                16-00
                             II . Containing no starch, glucose or glucose syrup, but contain­
                                  ing milk products                                                                  6100                21-60
 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 .
 (I§) 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 °/o of the value for customs purposes .
 C 3) The levy is limited to 49-05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No
       1054/68 as amended ).
 (") The levy is limited to 69-05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland ( Regulation (EEC) No
      1054/68 as amendtd).
(,5) The levy is limited to 49-05 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 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 No 17.02 A II .
       (») For imports into the United Kingdom , this free-at-frontier value shall be reduced by 11-80 u.a . per 100 kg net .