CELEX: 31973R1231
Language: en
Date: 1973-05-12 00:00:00
Title: Regulation (EEC) No 1231/73 of the Commission of 11 May 1973 fixing the import levies on milk and milk products

No L 126/ 10                              Official Journal of the European Communities                                12. 5. 73
                                     REGULATION (EEC) No 1231/73 OF THE COMMISSION
                                                             of 11 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
  Having regard to Council Regulation (EEC) No 804/                       and the product itself is, for the products falling
  68 (*) of 27 June 1968 on the common organization                       within subheading No 04.02 Bib) listed in Annex II
  of the market in milk and milk products, as last                        to Regulation (EEC) No 823/68, calculated by multi­
  amended by the Act (2) annexed to the Treaty (3) on                     plying the basic amount by the quantity of milk
  the Accession of new Member States to the European                      powder contained in the product ; whereas the same
  Economic Community and the European Atomic                              applies to products falling within subheading No
  Energy Community, signed at Brussels on 22 January                      04.02 B II b) as regards the component of the levy
  1972, and in particular Article 14 (8 ) thereof ;                       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 (4)                       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 mended by the Act                       nity that the rulling price is not less than 95 units of
 annexed to the Treaty on the Accession of new                           account per 100 kg in respect of the products falling
 Member States to the European Economic Com­                             within subheading No 04.04 E I b) 2 and No 04.04
 munity and the European Atomic Energy Commu­                            E I b) 3, or not less than 80 units of account per 100
 nity, signed at Brussels on 22 January 1972 ;                           kg in respect of the products falling within subhead­
 Whereas the levy on the products in any one group                       ing No 04.04 E I b) 4, the levy per 100 kg is equal :
 must be equal to the threshold price for the pilot
 product less the free-at-frontier price ; whereas these                 — to the threshold price less 95 units of account, if
 threshold prices were fixed for the 1973 /74 milk                             the product falls within subheading No 04.04 E I
 year by Council Regulation ( EEC) No 1190/73 (5) of                           b) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ;
 8 May 1973 ;
                                                                         — to the sum of the following components if the
Whereas, however, Regulation (EEC) No 823/68                                  product falls within subheading No 04.04 E I b)
lays down special provisions for calculating the levy                          2 bb) :
on certain assimilated products ; whereas these pro­
ducts are listed and the method of calculating the                             (a ) a component equal to the threshold price less
levy on them described in Annex II and in Articles 2                                95 units of account ;
to 7 of that Regulation respectively ; whereas this
method consists in adding together the various com­                            ( b) a component equal to 20 units of account ;
ponents defined in those Articles ;
                                                                        — to the threshold price less 85 units of account, if
Whereas Commission Regulataion (EEC ) No                                      the product falls within subheading Nos 04.04 E
1073/68 ( 8) of 24 July 1968 laying down detailed                             I b) 3 or 04.04 E I b) 4.
(') OJ   No L 148, 28. 6. 1968, p. 13 .
(2) OJ   No  L 73 , 27. 3 . 1972, p. 14 .                               Whereas, for as long as it is found that on importa­
(8) OJ   No  L 73 , 27. 3 . 1972, p . 5 .                               tion into the Community the price of an assimilated
(«) OJ   No L 151 , 30. 6. 1968 , p. 3 .
(5) OJ   No  L 122 , 9 . 5 . 1973 , p . 4 .                             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---  12. 5 . 73                        Official Journal of the European Communities                           No L 126/ 11
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
 GAIT 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 126/ 12                     Official Journal of the European Communities                              12. 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 :
Whereas, if the levy system is to operate normally,                                Article 1
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 14 May
on 13 February 1973 ;                                        1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 11 May 1973 .
                                                                    For the Commission
                                                                       P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- 12. 5 . 73                           Official Journal of the European Communities                    No L 126/ 13
                                                              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           11-27
                 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 %                                         0130           11-27
                           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 °/o                                            0160            14-32
              B. Other, of a fat content, by weight :
                    I. Exceeding 6 °/o but not exceeding 21 %                           0200           33-31
                  II. Exceeding 21 % but not exceeding 45 °/o                           0300           70-47
                 III. Exceeding 45 °/o                                                  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 %                                      0620           42-72
                           2. Exceeding 1-5 °/o but not exceeding 27 °/o                0720           74-95
                           3. Exceeding 27 % but not exceeding 29 %>                    0820           76-95
                           4. Exceeding 29 %                                            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 %                                            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 °/o or less :
                           1 . Of a fat content, by weight, of 8-9 % or less            1420           16-23
                           2. Other                                                     1520          21-91
                       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 126/ 14                         Official Journal of the European Communities                      12. 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 (*), in hermetically sealed cans
                          of a net capacity of 500 g or less and of a fat content,
                          by weight (s) :
                          1.   Exceeding 10 °/o but not exceeding 11 %                1810          29-00
                          2.   Exceeding 14*5 %> but not exceeding 15-5 °/o           1910          33-00
                          3.   Exceeding 17 % but not exceeding 18 °/o                2010          36-00
                          4.   Exceeding 23 °/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 (®)
                               bb) Exceeding 1*5 °/o but not exceeding 27 % (3)       2320   per kg 0-6895 (»)
                               cc) Exceeding 27 % (a)                                 2420  per kg 0-8470 (»)
                          2. Other, of a fat content, by weight :
                               aa) Not exceeding 1-5 °/o (8)                          2520  per kg 0-3672 ( 10)
                               bb) Exceeding 1-5 °/o but not exceeding 27 %> (s)      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
                                                                                      2810          30-29
                          less and of a fat content, by weight, not exceeding 9-5 °/o
                     b) Other, of a fat content, by weight :
                          1 . Not exceeding 45 °/o (8)                                2910  per kg 0-7047 (10)
                          2. Exceeding 45 °/o (8)                                     3010  per kg 1-0890 (10)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 %                      3110         128-12
              B. Other                                                                3210         156-31
04.04         Cheese and curd :
              A. Emmentaler, Gruyère, 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 (2) :
                       a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg
                          net weight of :
                           1 . 142-58 u.a . or more but less than 162-58 u.a .        3313          15-00
                          2 . 162-58 u.a. or more                                     3412          98-71 (»)
 ---pagebreak--- 12. 5 . 73                          Ottkial Journal of the European Communities                    No L 126/ 15
                                    Tariff Nomenclature
                                                                                                      Levy
                                                                                       Code
                                                                                              (in u.a. /100 kg net
  CCT heading                                                                               weight unless otherwise
      No                                     Description of goods                                  indicated)
04.04                 b) Vacuum-packed pieces :
(cont'd)
                          1 . With rind on at least one side, of a net weight :
                              aa) Of 1 kg or more but less than 5 kg and of a
                                  free-at-frontier value (5) of 162-58 u.a. or more
                                   but less than 190-58 u.a. per 100 kg net weight     3513          15-00
                              bb) Of 450 g or more and of a free-at-frontier value (5)
                                  of 190-58 u.a. or more per 100 kg net weight         3611          98-71 (")
                          2. Other, of a net weight of 75 g or more but not
                              exceeding 250 g (e) and of a free-at-frontier value (5)
                              of 210-58 u.a. or more per 100 kg net weight             3711          98-71 (")
                 II . Other                                                            3800          98-71
              B. Glarus herb cheese (known as Schabziger) made from skimmed
                 milk and mixed with finely-ground herbs (2)                           3900        108-32 ( 12)
              C. Blue-veined cheese, not grated or powdered                            4000          50-13
              D. Processed cheese, not grated or powdered :
                  I. In the blending of which only Emmentaler, Gruyère and
                      Appenzell have been used and which may contain, as an
                      addition, Glarus herb cheese (known as Schabziger), put
                      up (in boxes or slices) for retail sale (7), of a free-at­
                      frontier value (5) of 140 u.a. or more per 100 kg net weight
                      and of a fat content, by weight, referred to dry matter (2) :
                      a) Not exceeding 48 % in respect of the aggregate of por­
                          tions or slices                                              4111          30-00
                       b) Not exceeding 48 °/o in respect of 5/6 of the aggregate of
                           portions or slices and not exceeding 56 °/o in respect of
                          the remaining 1 /6                                           4211          31-00
                      c) Exceeding 48 % but not exceeding 56 °/o in respect of
                          the aggregate of portions or slices                          4311          35-00
                 II. Other, of a fat content, by weight :
                      a) Not exceeding 36% and of a fat content, by weight,
                          referred to dry matter :
                          1 . Not exceeding 48 %                                       4410          82-75
                          2. Exceeding 48 %                                            4510          90-50
                      b ) Exceeding 36 %                                               4610         170-50
              E. Other :
                  I. Not grated or powdered, of a fat content, by weight, not
                      exceeding 40% and a water content, calculated by weight,
                      of the non-fatty matter :
                      a) Not exceeding 47 %                                            4710        108-32
 ---pagebreak--- No L 126/ 16                        Official Journal of the European Communities                       12 . 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. Tilsat, of a fat content, by weight, referred to the dry
                              matter (2) :
                              aa) Not exceeding 48 °/o                                4921          82-92 ( 1S)
                              bb) Exceeding 48 %>                                     5021          82-92 ( 14)
                          3 . Kashkaval (2)                                           5030          82-92 (le)
                          4. Cheese of sheep's milk or buffalo milk, in containers
                              holding brine, or in sheep- or goat-skin bottles (2)    5060          82-92 ( 15)
                          5 . Other                                                   5120          82-92
                      c) Exceeding 72 % :
                          1 . In immediate packings of a net capacity not exceeding
                              500 g                                                   5210          62-19
                          2 . Other                                                   5250        162-92
                  II. Not specified :
                      a) Grated or powdered                                           5310        108-32
                      b ) Other                                                       5410        162-92
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          15-76
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          15-76
23.07         Sweetened forage ; other preparations of a kind used in animal
              feeding :
              B. Other, containing starch or glucose or glucose syrup falling
                   within subheadings Nos 17.02 B and 17.05 B, or milk prod­
                   ucts (8) :
                  I. Containing starch, or glucose or glucose syrup :
                      a) Containing no starcH or containing 10 °/o or less by
                          weight of starch :
                          1
                          2
                          3. Containing 50 % or more but less than 75 % by
                              weight of milk products                                 5700          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 %>
                          by weight of starch :
                          1
                          2
                          3. Containing 50 % or more by weight of milk products       5900          35-67
 ---pagebreak--- 12. 5 . 73                                    Official Journal of the European Communities                                      No L 126/17
                                              Tariff Nomenclature
                                                                                                                                  Levy
                                                                                                                Code
                                                                                                                          (in u.a./100 kg net
   CCT heading                                                                                                          weight unless otherwise
          No                                           Description of goods                                                    indicated)
23.07                           c) Containing more than 30 °/o by weight of starch :
( cont'd )                         1
                                   3. Containing 50 % or more by weight of milk products                       6000              29-64
                            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*07 u.a .
 (I0) 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) 3-07 u.a .
 (u) The levy is limited to 7*50 u.a . per 100 kg net weight.
 (1!) The levy is limited to 6 % 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).
(") 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).
I15) 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).
 ('•) 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 .