CELEX: 31974R2537
Language: en
Date: 1974-10-05 00:00:00
Title: Regulation (EEC) No 2537/74 of the Commission of 4 October 1974 fixing the import levies on milk and milk products

No L 271 /44                             Official Journal of the European Communities                              5 . 10 . 74
                              REGULATION (EEC) No 2537/74 OF THE COMMISSION
                                                       of 4 October 1974
                                   fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                      for determined free-a-frontier prices and for fixing
COMMUNITIES,                                                        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 between the
Having regard to the Treaty establishing the European
Economic Community ;
                                                                    milk powder contained in the product and the
                                                                    product itself is, for the products falling within
                                                                    subheading No 04.02 B I b) listed in Annex II to
Having regard to Council Regulation (EEC) No                        Regulation (EEC) No 823/68 , calculated by multi­
804/68 ( ! ) of 27 June 1968 on the common organiza­                plying the basic amount by the quantity of milk
tion 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 contained in the
Having regard to the Opinion of the Monetary                        product and the product itself ;
Committee ;
Whereas Article 14 of Regulation (EEC) No 804/68
provides for charging a levy on imports of the                      Whereas the basic amount must be equal to one
products listed in Article 1 of that Regulation ;                    hundredth part of the levy set out for each product in
whereas these products may be divided into groups ;                  the second subparagraph of Article 9(1 ) and the
whereas the product groups and the pilot groups and                  second subparagraph of Article 9 (2) of Regulation
the pilot product for each of these groups are set out              (EEC) No 1073/ 68 ;
in Annex I to Council Regulation (EEC) No 823/68 (3)
of 28 June 1968 determining the groups of products
and the special provisions for calculating levies on
milk and milk products, as last amended by Regula­
                                                                     Whereas for products belonging to Group No 11 ,
                                                                     originating in and exported from third countries, for
tion (EEC) No 251 8 /74 (4) ;
                                                                     which it is found on importation into the Community
                                                                     that the rulling price is not less than 110 units of
Whereas the levy on the products in any one group                    account per 100 kg in respect of the products falling
 must be equal to the threshold price for the pilot                  within subheading No 04.04 E I b) 2 and No 04.04 E
 product less the free-at-frontier price ; whereas these             I b) 3 , or not less than 80 units of account per 100 kg
 threshold prices were fixed for the 1974/75 milk year               in respect of the products falling within subheading
 by Council Regulation (EEC) No 665/74 (5) of 28                     No 04.04 E I b) 4, the levy per 100 kg is equal :
 March 1974 and amended by Regulation (EEC) No
 2518 / 74 ;
                                                                     — to the threshold price less 110 units of account, if
                                                                         the product falls within subheading No 04.04 E I
 Whereas, however, Regulation (EEC) No 823/68 lays                       b) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ;
 down special provisions for calculating the levy on
 certain assimilated products ; whereas these products
 are listed and the method of calculating the levy on                — to the sum of the following components if the
 them described in Annex II and in Articles 2 to 7 of
                                                                         product falls within subheading No 04.04. E I b) 2
 that Regulation respectively ; whereas this method                      bb) :
 consists in adding together the various components
 defined in those Articles ;
                                                                         (a) a component equal to the threshold price less
 Whereas        Commission          Regulation (EEC)        No                 110 units of account ;
  1073/68 (6) of 24 July 1968 laying down detailed rules
                                                                         (b) a component equal to 20 units of account ;
 (>) OJ No L 148 , 28 . 6 . 1968 , p. 13 .
 $ OJ No L 85, 29. 3. 1974, p. 51 .
 (>) OJ  No  L  151 , 30 . 6. 1968, p. 3.                             — to the threshold price less 95 units of account, if
 (*) OJ  No   L 270, 5 . 10 . 1974, p. 1 .
 (») OJ  No   L 85, 29 . 3 . 1974, p. 57.                                 the product falls within subheading Nos 04.04 E I
 (') OJ  No   L 180, 26. 7. 1968 , p. 25.                                 b) 3 or 04.04 E I b) 4.
 ---pagebreak--- 5 . 10 . 74                       Official Journal of the European Communities                          No L 271 /45
Whereas, for as long as it is found that on importation     on its pilot product must be effected in such a way as
into the Community the price of an assimilated               to allow, in particular, for differences in composition ,
product for which the levy is not equal to the levy on       maturity, quality and presentation between the assimi­
its pilot product is considerably lower than the price       lated product and the related pilot product ; whereas
which would obtain if the ratio to the price of the          adjustments relating to composition must be calcu­
pilot product were normal, the levy must be equal to         lated by multiplying the difference between the milk
the sum of two components :                                  component content of the pilot product and that of
                                                             the assimilated product in question by the value attri­
                                                             buted in international trade to one unit of weight of
— one component equal to the amount resulting                the milk component in question ; whereas the differ­
     from the provisions of Articles 2 to 7 of Regula­       ence between the value attributed on the Community
     tion (EEC) No 823/68 applicable to the assimi­          market to each of the relevant characteristics of the
     lated product in question ;
                                                             pilot product and the value attributed on that market
— an additional component fixed at a level which,            to the corresponding characteristics of the assimilated
     the composition and quality of the assimilated          product in question must be taken into account when
     product being taken into account, makes it              the other adjustments are being effected ;
     possible to re-establish normal price ratios for
     imports into the Community ;
                                                             Whereas, if no information on prices is available, the
                                                             free-at-frontier price may, by way of exception , be
                                                             established on the basis of the value of the raw mate­
Whereas Article 14(3) of Regulation (EEC) No 804/68
provides that the levy on products in respect of which       rials contained in the pilot product in question (calcu­
the customs duty has been bound within GATT must             lated on the basis of the prices of milk products for
be limited to the amount resulting from that binding ;       which prices are available), average processing costs
                                                             and average yields ;
Whereas Regulation (EEC) No 1073/ 68 provides that
a free-at-frontier price must be established for each of     Whereas, in exceptional circumstances, a free-at­
the pilot products defined in Annex I to Regulation          frontier price may remain unchanged for a limited
(EEC) No 823/68 ; whereas these prices must be deter­        period where the new level of the price for a given
mined for products of good marketable quality ;              quality or a specific origin , used as a basis for estab­
                                                             lishing the previous free-at-frontier price, has not
                                                             reached the Commission to enable it to establish the
Whereas the free-at-frontier prices must be estab­           next free-at-frontier price and if the Commission
lished on the basis of the most favourable purchasing        considers that the prices which are available could
opportunities in international trade for the products        lead to sudden and considerable changes in the free­
listed in Article 1 (a) 2 and (b) to (g) of Regulation       at-frontier price because they are not sufficiently repre­
(EEC) No 804/68 other than assimilated products for          sentative of real market trends ;
which the levy is not equal to the levy on the related
pilot products ; whereas, when recording these
purchasing opportunities, the Commission must take           Whereas, in accordance with Article 19(1 ) of Regula­
account of all information obtained direct or through        tion (EEC) No 804/68 , the nomenclature provided for
the Member States concerning prices for delivery of          in this Regulation is incorporated in the Common
third-country products free-at-Community frontier            Customs Tariff ;
and prices on third-country markets ;
                                                             Whereas Article 8 of Regulation (EEC) No 1073/68
Whereas , however, no account should be taken of             provides that the levies are fixed every fortnight ;
information relating to small quantities which are not       whereas they may be altered in the intervening period
representative of trade in the product in question and       if necessary ; whereas the levy remains valid until
quantities in respect of which price trends in general       another becomes applicable ;
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­
sentative of the real trend of the market ;
                                                             Whereas, if the levy system is to operate normally,
                                                             refunds should be calculated on the following basis :
Whereas the prices used must be adjusted where they
are not quoted free-at-Community-frontier or where           — in the case of currencies which are maintained in
they do not apply to products of good marketable                  relation to each other, at any given moment,
quality ; whereas the ajustment in respect of an assimi­          within a band of 2-25 % , at rate of exchange based
lated product the levy on which is equal to the levy              on their effective parity ;
 ---pagebreak--- No L 271 /46                     Official Journal of the European Communities                             5 . 10 . 74
— for other currencies, an exchange rate based on the        HAS ADOPTED THIS REGULATION :
    arithmetic mean of the spot market rates of each                               Article 1
    of these currencies recorded for a given period, in
    relation to the Community currencies referred to         The levies referred to in Article 14(1 ) of Regulation
    in the previous subparagraph ;                           (EEC) No 804/68 are hereby fixed as shown in the
                                                             Annex to this Regulation .
                                                                                   Article 2
Whereas it follows from applying all these provisions
that the levies on milk and milk products must be            This Regulation shall enter into force on 7 October
fixed as shown in the Annex to this Regulation ;              1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 October 1974 .
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 5 . 10 . 74                               Official Journal of the European Communities                             No L 271 / 47
                                                                    ANNEX
                                           Tariff Nomenclature
                                                                                                                       Levy
                                                                                                           ( in ii . a. / 100 kg tiet
                                                                                                 Code
    CCT heading                                                                                          weight unless otherwise
       No                                          Description of goods                                           indicated)
' i-UM          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                                                             01 U )                13-57
                          b ) Other                                                             0 1 20                11-57
                   II . Other :
                          a ) In immediate packings of a net capacity of ? litres or less
                               and of a fat content, by weight :
                               1 . Not exceeding 4 %                                            0130                  11-57
                               2 . Exceeding 4 °/o                                              0140                  14-75
                          b) Other, of a fat content, by weight :
                               1 . Not exceeding 4 °/o                                          0150                  10-57
                               2 . Exceeding 4 %                                                0 1 60                13-75
                B. Other, of a fat content, by weight :
                      I. Exceeding 6 % but not exceeding 21 %                                   0200                  34-78
                     II . Exceeding 21 °/o but not exceeding 45 °/o                             0300                  73-57
                   III. Exceeding 45 °/o                                                        0400                113-70
 04.02          Milk and cream , preserved , concentrated or sweetened :
                A. Not containing added sugar :
                      I. Whey                                                                   0500                     5-89
                     II. Milk and cream , in powder or granules :
                           a ) In immediate packings of a net capacity of 2-5 kg or
                                less and of a fat content, by weight :
                                1 . Not exceeding 1-5 %                                         0620                  31-52
                                2. Exceeding 1-5 % but not exceeding 27 %                       0720                  64-75
                                3. Exceeding 27 % but not exceeding 29 %                        0820                  66-75
                                4. Exceeding 29 %                                               0920                  80-22
                           b) Other, of a fat content, by weight :
                                 1 . Not exceeding 1-5 %>                                        1020                 25-52
                                2. Exceeding 1-5 % but not exceeding 27 °/o                     1120                  58-75
                                3. Exceeding 27 % but not exceeding 29 %                         1220                 60-75
                                4. Exceeding 29 °/o                                             1320                  74-22
                   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 °/o or less             1420  '              11-88
                                2 . Other                                                        1520                 16-04
                           b) Other, of a fat content, by weight :
                                 1 . Not exceeding 45 %                                          1620                 73-57
                                2 . Exceeding 45 °/o                                          ¡  1720               113-70
 ---pagebreak--- No L 271 / 48                             Official Journal of the European Communities                                    5 . 10 . 74
                                           Tariff Nomenclature
                                                                                                                      Levy
                                                                                                            ( in u. a. / 100 Ice net
                                                                                                   Code
   CCT heading                                                                                            weight unless otnerwiie
        No                                          Description of goods                                          indicated )
04.02          R. Containing added sugar :
( cont'd )
                    i. Milk and cream , in powder or granules :
                        a ) Special milk for infants ('), in hermetically sealed cans
                             of a net capacity of 500 g or less and of a fat content,
                             by weight (2) :
                              1.    Exceeding    10% but not exceeding 11 %                        1810              29-00
                              2.    Exceeding    14-5 % but not exceeding 1 5*5 %                  1910              33-00
                              3.    Exceeding    17% but not exceeding 18 %                        2010              36-00
                              4.    Exceeding    23 % 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 % (3)                                    2220     per kg 0-2552 (#)
                                    bb) Exceeding 1-5 % but not exceeding 27 % (3)               j 2320     per kg 0-5875 (®)
                                    cc) Exceeding 27 % (3)                                         2420     per kg 0-7422 (9)
                              2 . Other, of a fat content , by weight :
                                    aa ) Not exceeding 1-5 % (3 )                                  2520     per kg 0-2552 ( 10)
                                    bb) Exceeding 1*5 % but not exceeding 27 % (3)                 2620     per kg 0-5875 ( 10)
                                    cc ) Exceeding 27 % (3)                                        2720
                                                                                                            per kg 0-7422 ( 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 %            2810               26-51
                         b ) Other, of a fat content, by weight :
                                1 . Not exceeding 45 % (3)                                          2910    per kg 0-7357 ( ,0 )
                               2 . Exceeding 45 % ( 3)                                              3010     per kg 1-1370 ( ,0)
  04.03         Butter :
                A. Of a far content, by weight, not exceeding 85 %                                  3110              133-77
                B. Other                                                                            3210               163-20
  04.04         Cheese and curd :
                 A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell , not
                     grated or powdered :
                      T. Of a minimum fat content of 45 % by weight, referred to
                           dry matter, matured for at least 3 months (2 ) :
                           a ) Whole cheese (4 ) of a free-at-frontier value (s ) per 100 kg
                                net weight of :
                                 1 . 174-92 u.a . ( a ) or more but less than 194-92 u.a . ( a )     3316                15-00
                                 2 . 194-92 u.a . ( a ) or more                                      3415              118-47 (»»)
 ---pagebreak--- 5 . 10 . 74                              Otticial Journal of the European Communities                        No L 271 / 4 *
                                         Tariff Nomenclature
                                                                                                                 Levy
                                                                                              Code
                                                                                                        (in u. a. / 100 kg net
   CCT heading                                                                                        weight unless otherwise
       No                                         Description of goods                                       indicated )
1)4.04                   b ) Pieces packed in vacuum or in inert gas :
(cont'd )
                              I. 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 194-92 u.a. ( a) or more
                                       but less than 222-92 u.a. ( a) per 100 kg net weight   3516               15-00
                                   bb) Of 450 g or more and of a free-at-frontier value (5)
                                       of 222-92 u.a . ( a) or more per 100 kg net weight     3614             118-47 (")
                              2. Other, of a net weight of 75 g or more but· not
                                   exceeding 250 g (e) and of a free-at-frontier value (Ä)
                                  of 242-92 u.a . ( a ) or more per 100 kg net weight         3714             118-47 (")
                   II . Other                                                                 3800              118-47
               N. Glarus herb cheese ( known as Schabziger) made from skimmed
                   milk and mixed with finely-ground herbs (2)                                3900              103-51 ( 12 )
               C. Blue-veined cheesc , not grated or powdered                                 4000                 72-06
               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                                                 'till              30-00
                          b) Not exceeding 48 °lo 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              3 1 - 00
                          c) Exceeding 48% but not exceeding 56% in respect of
                               the aggregate of portions or slices                              431 1             35-00
                    II . Other, of a fat content, by weight :
                          a) Not exceeding 36 % and of a fat content , bv weight .
                               referred to dry matter :
                               1 . Not exceeding 48 %                                           4410                94-67
                               2. Exceeding 48 %                                                4510             100-59
                          b ) Exceeding 36 %                                                    4610             180-59
                F. 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 ·/·                                             4?10              103-51
 ---pagebreak--- No L 271 /50                         Official Journal of the European Communities                         5 . 10 . 74
                                      Tariff Nomenclature
                                                                                                      Levy
                                                                                     Code
                                                                                            ( in u. a. / 100 ks net
  CCT heading                                                                             weight unless otherwite
       No                                      Description of goods                               indicated)
04.04                  b) Exceeding 47 % but not exceeding 72 °/o :
(cont'd )
                           1 . Cheddar, including Chester                            4810           104-47
                           2. Tilsit and Butterkäse, of a fat content, by weight,
                               referred to the dry matter (*) :
                               aa) Not exceeding 48 °/o                              4922             97-48 ( 13)
                               bb) Exceeding 48 %                                    5022            97-48 (")
                           3 . Kashkaval (l)                                         5030            97-48 ( ,5)
                           4 . Cheese of sheep's milk or buffalo milk, in containers
                               holding brine, or in sheep- or goat-skin bottles (2)  5060             97-48 ( 15 )
                           5 . Other                                                 5120             97-48
                       c) Exceeding 72 °/o :
                           1 . In immediate packings of a net capacity not exceeding
                               500 g                                                 5210             73-11
                           2 . Other                                                 5250           177-48
                  IF . Not specified :
                       a ) Grated or powdered                                        5310           103-51
                       b) Other                                                      5410           177-48
17.02
              Other sugars ; sugar syrups ; artificial honey (whether or not
              mixed with natural honey) ; caramel :
              Λ . Lactose and lactose syrup :
                  N. Other than that containing, in the dry state, 99 e/o or more
                                                                                     5500             13-25
                       by weight of the pure product (1β)
17.(15        Flavoured or coloured sugars, syrups and molasses, but not includ­
              ing fruit juices containing added sugar in any proportion :
                                                                                     5600             13-25
              A. Lactose and lactose syrup
1Λ.07
              Sweetened forage ; other preparations of a kind used in animal
              feeding :
              R. 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 e/o or more but less than 75 °/o by
                               weight of milk products                               5700             21-14
                           4 . Containing 75 % or more by weight of milk products    5800             27-01
                       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 product»  5900             24-97
 ---pagebreak--- 5 . 10 . 74                                   Official Journal of rhe European Communities                                        No L 271 /51
                                              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 e/o by weight of starch :
(cont'd )                          1
                                   1
                                   3 . Containing 50 %> or more by weight of milk products                     6000                 19-86
                   «
                           II . Containing no starch, glucose or glucose syrup, but contain­
                                ing milk products                                                              6100                 27-01
For notes (!) to (•), see notes (*) to (•) of Council Regulation (EEC) No 823/68 ( OJ No L 151 , 30. 6. 1968).
(•) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
      a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product;
      b) 6 u.a .; and
     c) 0 u.a .
('•) The levy on 100 kg of product falling within this subheading is equal to the sum of the^following components :
      a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product; and
     b) 0 u.a .
("J The levy is limited to 7-50 u.a . per 100 kg net weight.
(") The levy is limited to 6 % of the value for customs purposes .
(") The levy is limited to 55-65 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 75-65 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 55-65 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 simc
     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 13-02 u.a . per 100 kg net.