CELEX: 31973R1443
Language: en
Date: 1973-05-31 00:00:00
Title: Regulation (EEC) No 1443/73 of the Commission of 29 May 1973 fixing the import levies on milk and milk products

No L 144/44                                Official Journal of the European Communities                               31 . 5 . 73
                                REGULATION (EEC) No 1443/73 OF THE COMMISSION
                                                           of 29 May 1973
                                          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
Having regard to the Treaty establishing the Euro­                     means of a coefficient expressing the weight ratio
pean Economic Community ;                                              between the milk powder contained in the product
                                                                       and the product itself is, for the products falling
Having regard to Council Regulation (EEC) No 804/                      within subheading No 04.02 Bib) listed in Annex II
68 (*) of 27 June 1968 on the common organization                      to Regulation (EEC) No 823/68 , calculated by multi­
of the market in milk and milk products, as last                       plying the basic amount by the quantity of milk
amended by the Act (2) annexed to the Treaty (3) on                    powder contained in the product ; whereas the same
the Accession of new Member States to the European                     applies to products falling within subheading No
Economic Community and the European Atomic                             04.02 B II b) as regards the component of the levy
Energy Community, signed at Brussels on 22 January                     fixed by means of a coefficient expressing the
1972, and in particular Article 14 ( 8 ) thereof ;                     weight ratio between the milk components con­
                                                                       tained in the product and the product itself ;
Having regard to the Opinion of the Monetary
 Committee ;                                                           Whereas the basic amount must be equal to one hun­
                                                                       dredth part of the levy set out for each product in
Whereas Article 14 of Regulation (EEC) No 804/68                        the second subparagraph of Article 9 ( 1 ) and the
provides for charging a levy on imports of the pro­                     second subparagraph of Article 9 (2) of Regulation
ducts listed in Article 1 of that Regulation ; whereas                  ( EEC) No 1073/68 ;
these products may be divided into groups ; whereas
the product groups and the pilot groups and the
pilot product for each of these groups are set out in                  Whereas for products belonging to Group No 11 ,
Annex I to Council Regulation (EEC) No 823/68 (4)                      originating in and exported from third countries, for
of 28 June 1968 determining the groups of products                     which it is found on importation into the Commu­
and the special provisions for calculating levies on                   nity that the rulling price is not less than 95 units of
milk and milk products, as last amended by Regu­                       account per 100 kg in respect of the products falling
lation (EEC) No 1354/73 (5) ;                                          within subheading No 04.04 E I b) 2 and No 04.04
                                                                        E I b ) 3 , or not less 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 1973 /74 milk                      — to the threshold price less 95 units of account, if
 year by Council Regulation (EEC) No 1190/73 (6 ) of                        the product falls within subheading No 04.04 E I
 8 May 1973 ;                                                               b ) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ;
Whereas, however, Regulation (EEC) No 823/68                           — to the sum of the following components if the
lays down special provisions for calculating the levy                       product falls within subheading No 04.04 E I b)
on certain assimilated products ; whereas these pro­                        2 bb ) :
ducts are listed and the method of calculating the
levy on them described in Annex II and in Articles 2                        ( a) a component equal to the threshold price less
to 7 of that Regulation respectively ; whereas this                               95 units of account ;
method consists in adding together the various com­
ponents defined in those Articles ;                                         ( b ) a component equal to 20 units of account ;
Whereas Commission Regulataion (EEC) No                                — to the threshold price less 85 units of account, if
 1073/68 (7 ) of 24 July 1968 laying down detailed                          the product falls within subheading Nos 04.04 E
                                                                            I b ) 3 or 04.04 E I b) 4.
 (*) OJ No L 148, 28. 6. 1968, p. 13 .
 (*) OJ No L 73, 27. 3. 1972, p. 14.
 (») OJ No L 73, 27. 3 . 1972, p. 5 .                                  Whereas, for as long as it is found that on importa­
 (4) OJ No   L 151 , 30. 6. 1968, p. 3 .                               tion into the Community the price of an assimilated
 (5) OJ No   L 141 , 28 . 5 . 1973 , p. 23.
 (•) OJ No   L 122, 9 . 5 . 1973 , p. 4 .                              product for which the levy is not equal to the levy
 (7) OJ No   L 180, 26. 7. 1968 , p. 25 .                              on its pilot product is considerably lower than the
 ---pagebreak--- 31 . 5 . 73                         Official Journal of the European Communities                          No L 144/45
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 144/46                       Official Journal of the European Communities                             31 . 5 . 73
Whereas Article 8 of Regulation (EEC) No 1073/68            Whereas it follows from applying all these provi­
provides that the levies are fixed every fortnight ;        sions that the levies on milk and milk products must
whereas they may be altered in the intervening period        be fixed as shown in the Annex to this Regulation ;
if necessary ; whereas the levy remains valid until
another becomes applicable ;                                 HAS ADOPTED THIS REGULATION :
                                                                                    Article 1
Whereas, if the levy system is to operate normally,
levies should be calculated on the basis of an               The levies referred to in Article 14 (1 ) of Regulation
exchange rate which is based, in the case of currencies      (EEC) No 804/68 are hereby fixed as shown in the
which are floating or whose central rate differs from        Annex to this Regulation.
the official parity, on the effective rate or the                                   Article 2
central rate of these currencies and, in the case of
the US dollar, on the change in parity announced             This Regulation shall enter into force on 1 June
on 13 February 1973 ;                                        1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 29 May 1973 .
                                                                     For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak---  31 . 5 . 73                          Official Journal of the European Communities                  No L 144/47
                                                               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. 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           14·27
                       b) Other                                                       0120            12·27
                 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 °/o                                      0130            12·27
                           2. Exceeding 4 °/o                                         0140           15·32
                       b) Other, of a fat content, by weight :
                          1 . Not exceeding 4 °/o                                     0150           11·27
                          2. Exceeding 4 %                                            0160           14·32
              B. Other, of a fat content, by weight :
                    I. Exceeding 6 % but not exceeding 21 %                           0200           33·31
                  II. Exceeding 21 % but not exceeding 45 °/o                         0300           70·47
                 III. Exceeding 45 %>                                                 0400          108·90
04.02         Milk and cream, preserved, concentrated or sweetened :
              A. Not containing added sugar :
                   I. Whey                                                            0500            3·47
                  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 °/o                                   0620          42·72
                           2. Exceeding 1·5 °/o but not exceeding 27 %                0720          74·95
                           3. Exceeding 27 °/o but not exceeding 29 %                 0820          76·95
                           4. Exceeding 29 °/o                                        0920          90·70
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 1·5 %                                    1020          36·72
                           2. Exceeding 1·5 % but not exceeding 27 %                  1120          68·95
                           3. Exceeding 27 %> but not exceeding 29 °/o                1220          70·95
                           4. Exceeding 29 °/o                                        1320          84·70
                 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 °/o or less        1420           15·19
                           2. Other                                                   1520           20·51
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 45 °/o                                   1620          70·47
                           2 . Exceeding 45 %                                         1720         108·90
 ---pagebreak--- No L 144/48                         Official Journal of the European Communities                            31 . 5 . 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 (1), 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 °/o but not exceeding 15·5 %>            1910          33·00
                          3.  Exceeding    17 °/o but not exceeding 18 %                 2010          36·00
                          4.  Exceeding    23 °/o but not exceeding 24 %                 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 °/o (3)                              2220   per kg 0·3672 (9)
                              bb) Exceeding 1·5 %> but not exceeding 27 % (3)            2320  per kg 0·6895 (9)
                              cc) Exceeding 27 %> (3)                                    2420  per kg 0·8470 (•)
                          2. Other, of a fat content, by weight :
                              aa) Not exceeding 1·5 %> (3)                               2520  per kg 0·3672 (*°)
                              bb) Exceeding 1·5 % but not exceeding 27 %> (3)            2620  per kg 0·6895 (10)
                              cc) Exceeding 27 °/o (3)                                   2720  per kg 0·8470 (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           29·14
                     b) Other, of a fat content, by weight :
                          1 . Not exceeding 45 °/o (3)                                   2910  per kg 0·7047 (10)
                          2. Exceeding 45 °/o (3)                                        3010  per kg 1·0890 (10)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 °/o                       3110        128·12
              B. Other                                                                   3210        156·31
04.04         Cheese and curd :
              A. Emmentaler, Gruyere, Sbrinz, Bergkäse 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 {*) :
                       a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg
                          net weight of :
                          1 . 151·68 u.a . ( a ) or more but less than 171·68 u.a. ( a ) 3314          15·00
                          2 . 171·68 u.a . ( a ) or more                                 3413         100·71 (»)
 ---pagebreak--- 31 . 5 . 73                          Official Journal of the European Communities                          No L 144/49
                                     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 171·68 u.a . ( a ) or more
                                   but less than 199·68 u.a. ( a ) per 100 kg net weight     3514           15·00
                               bb) Of 450 g or more and of a free-at-frontier value (5]
                                   of 199·68 u.a. ( a) or more per 100 kg net weight         3612          100·71 (")
                           2. Other, of a net weight of 75 g or more but not
                               exceeding 250 g (6) and of a free-at-frontier value (*]
                               of 219·68 u.a. ( a) or more per 100 kg net weight             3712           100·71 (")
                 II. Other                                                                   3800          100·71
              B. Glarus herb cheese (known as Schabziger) made from skimmed
                 milk and mixed with finely-ground herbs (2)                                 3900           100·03 (12)
              C. Blue-veined cheese, not grated or powdered                                  4000            47·32
              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 weigh
                      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 % in respect of 5/6 of the aggregate o
                           portions or slices and not exceeding 56 °/o in respect o
                           the remaining 1 /6                                                4211            31·00
                      c) Exceeding 48 %> but not exceeding 56 % in respect o
                           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             84·01
                           2 . Exceeding 48 %                                                4510             91·45
                      b ) Exceeding 36 °/o                                                   4610           171·45
              E. Other :
                   I. Not grated or powdered, of a fat content, by weight, no
                      exceeding 40 % and a water content, calculated by weight
                      of the non-fatty matter :
                      a ) Not exceeding 47 %>                                                4710           100·03
 ---pagebreak---  No L 144/50                        Official Journal of the European Communities                          31 . 5 . 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 °/o :
(cont'd)
                          1 . Cheddar, including Chester                            4810            84·85
                          2. Tilsit and Butterkäse, of a fat content, by weight,
                              referred to the dry matter (2) :
                              aa) Not exceeding 48 °/o                              4922              84·50 ( 13)
                              bb) Exceeding 48 °/o                                  5022              84·50 ( 14)
                          3. Kashkaval (2)                                          5030              84·50 ( 15)
                          4. Cheese of sheep's milk or buffalo milk, in containers
                              holding brine, or in sheep- or goat-skin bottles (2)  5060              84·50 ( 15)
                          5 . Other                                                 5120             84·50
                      c) Exceeding 72 % :
                          1 . In immediate packings of a net capacity not exceeding
                              500 g                                                 5210             63·38
                          2 . Other                                                 5250           164·50
                  II. Not specified :
                      a) Grated or powdered                                         5310           100·03
                      b) Other                                                      5410           164·50
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             14·81
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             14·81
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 % or less by
                          weight of starch :
                          1
                         2
                         3. Containing 50 °/o or more but less than 75 % by
                              weight of milk products                               5700            29·54
                         4. Containing 75 % or more by weight of milk products      5800            37·99
                      b) Containing more than 10 °/o but not more than 30 °/o
                         by weight of starch :
                         1
                         2
                         3 . Containing 50 % or more by weight of milk products     5900            35·48
 ---pagebreak---  31 . 5 . 73                                  Official Journal of the European Communities                                          No L 144/51
                                               Tariff Nomenclature
                                                                                                                                       Levy
                                                                                                                              (in u.a . /100 kg net
                                                                                                                     Code
    CCT heading                                                                                                             weight unless otherwise
          No                                           Description of goods                                                        indicated)
 23.07                         c) Containing more than 30 %> by weight of starch :
 (cont'd)                          1
                                   2 . ....
                                   3. Containing 50% or more by weight of milk products                             6000             29,04
                           II. Containing no starch, glucose or glucose syrup, but contain­
                               ing milk products                                                                    6100             37·99
 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) 3·10 u.a .
 (w) 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) 3·10 u.a .
 (u) The levy is limited to 7·50 u.a. per 100 kg net weight.
 (u) The levy is limited to 6 °/o of the value for customs purposes.
(") The levy is limited to 53·05 u.a. per 100 kg net weight for imports from Austria , Finland, Rumania and Switzerland (Regulation (EEC) No
      1054/68 as amended).
(M) The levy is limited to 73·05 u.a . per 100 kg net weight for imports from Austria, Finland, Rumania and Switzerland (Regulation (EEC) No
      1054/68 as amended).
J") The levy is limited to 53·05 u.a. per 100 kg net weight for imports from Bulgaria , Hungary, Rumania and Turkey (Regulation (EEC) No
      1054/68 as amended).
 (w) 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 .
      (a) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 17·68 u.a . per 100 kg net.