CELEX: 31975R0686
Language: en
Date: 1975-03-15 00:00:00
Title: Regulation (EEC) No 686/75 of the Commission of 14 March 1975 fixing the import levies on milk and milk products

15 . 3 . 75                                Official Journal of the European Communities                           No L 68 / 9
                               REGULATION ( EEC) No 686/75 OF THE COMMISSION
                                                          of 14 March 1975
                                    fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                       tion (EEC) No 823/ 68 , calculated by multiplying the
COMMUNITIES,                                                         basic amount by the quantity of milk powder
                                                                     contained in the product ; whereas the same applies to
Having regard to the Treaty establishing the European                products falling within subheading 04.02 B II b) as
Economic Community ;                                                 regards the component of the levy fixed by means of a
Having regard to Council Regulation (EEC) No                         coefficient expressing the weight ratio between the
804/68 (') of 27 June 1968 on the common organiza­                   milk components contained in the product and the
tion of the market in milk and milk products, as last                product itself ;
amended by Regulation (EEC) No 465/75 (2), and in
particular Article 14 (8) thereof ;                                  Whereas the basic amount must be equal to one
Having regard to the Opinion of the Monetary                         hundredth part of the levy set out for each product in
Committee ;                                                          the second subparagraph of Article 9(1 ) and the
                                                                     second subparagraph of Article 9 (2) of Regulation
Whereas Article 14 of Regulation ( EEC) No 804/68                    (EEC) No 1073 /68 ;
provides for charging a levy on imports of the
products listed in Article 1 of that Regulation ;
                                                                     Whereas for products belonging to Group No 11 ,
whereas these products may be divided into groups ;
                                                                     originating in and exported from third countries, for
whereas the product groups and the pilot groups and
                                                                     which it is found on importation into the Community
the pilot product for each of these groups are set out
                                                                      that the ruling price is not less than 130 units of
in Annex I to Council Regulation (EEC) No 823/68 (3)
                                                                     account per 100 kg in respect of the products falling
of 28 June 1968 determining the groups of products
                                                                     within subheadings 04.04 E I b) 2 and 04.04 E I b) 3,
and the special provisions for calculating levies on                  or not less than 115 units of account per 100 kg in
milk and milk products, as last amended by Regula­
                                                                      respect of the products falling within subheading
tion ( EEC) No 467/75 (•>) ;
                                                                     04.04 E I b) 4, the levy per 100 kg is defined in
Whereas the levy on the products in any one group                    Article 8 of Regulation ( EEC) No 823/68 ;
must be equal to the threshold price for the pilot
product less the free-at-frontier price ; whereas these              Whereas, for as long as it is found that on importation
threshold prices were fixed for the 1975/76 milk year                 into the Community the price of an assimilated
by Council Regulation (EEC) No 468 /75 (5) of 27                      product for which the levy is not equal to the levy on
February 1 975 ;                                                      its pilot product is considerably lower than the price
Whereas, however, Regulation (EEC) No 823/ 68 lays                    which would obtain if the ratio to the price of the
down special provisions for calculating the levy on                   pilot product were normal , the levy must be equal to
certain assimilated products ; whereas these products                 the sum of two components :
are listed and the method of calculating the levy on
them described in Annex II and in Articles 2 to 7 of                 — one component equal to the amount resulting
that Regulation respectively ; whereas this method                        from the provisions of Articles 2 to 7 of Regula­
consists in adding together the various components                        tion ( EEC) No 823/68 applicable to the assimi­
defined in those Articles ;                                               lated product in question ;
Whereas Commission                  Regulation (EEC) No               — an additional component fixed at a level which,
1073/ 68 (6) of 24 July 1968 laying down detailed rules                   the composition and quality of the assimilated
for determined free-a-frontier prices and for fixing                      product being taken into account, makes it
levies in respect of milk and milk products provides                      possible to re-establish normal price ratios for
that the component of the levy fixed by means of a                        imports into the Community ;
coefficient expressing the weight ratio between the
milk powder contained in the product and the                          Whereas Article 14(3) of Regulation ( EEC) No 804/68
product itself is, for the products falling within                    provides that the levy on products in respect of which
subheading 04.02 IB I b) listed in Annex II to Regula­                the customs duty has been bound within GATT must
                                                                      be limited to the amount resulting from that binding ;
 ') OJ   No L 148 , 28 . 6 . 1968 , p. 13 .
 2) OJ   No L 52, 28 . 2 . 1975, p. 8 .
 3) OJ   No L 151 , 30 . 6 . 1968 , p. 3 .
 4) OJ   No L 52, 28 . 2 . 1975, p. 10 .                              Whereas Regulation ( EEC) No 1073/68 provides that
 5) OJ   No L 52, 28 . 2. 1975, p. 16 .                               a free-at-frontier price must be established for each of
 6) OJ   No L 180 , 26 . 7. 1968 , p. 25 .                            the pilot products defined in Annex I to Regulation
 ---pagebreak--- No L 68 / 10                        Official Journal of the European Communities                              15 . 3 . 75
(EEC) No 823/68 ; whereas these prices must be deter­         Whereas, in exceptional circumstances, a free-at­
mined for products of good marketable quality ;               frontier price may remain unchanged for a limited
                                                              period where the new level of the price for a given
                                                              quality or a specific origin , used as a basis for estab­
                                                              lishing the previous free-at-frontier price, has not
Whereas the free-at-frontier prices must be estab­            reached the Commission to enable it to establish the
lished on the basis of the most favourable purchasing         next free-at-frontier price and if the Commission
opportunities in international trade for the products         considers that the prices which are available could
listed in Article 1 (a) 2 and (b) to (g) of Regulation        lead to sudden and considerable changes in the free­
(EEC) No 804/68 other than assimilated products for           at-frontier price because they are not sufficiently repre­
which the levy is not equal to the levy on the related        sentative of real market trends ;
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
                                                              provides that the levies are fixed every fortnight ;
                                                              whereas they may be altered in the intervening period
Whereas, however, no account should be taken of
                                                              if necessary ; whereas the levy remains valid until
information relating to small quantities which are not        another becomes applicable ;
representative of trade in the product in question and
quantities in respect of which price trends in general
or other information available to it lead the Commis­         Whereas, if the levy system is to operate normally,
sion to believe that the price in question is unrepre­        refunds should be calculated on the following basis :
sentative of the real trend of the market ;
                                                              — in the case of currencies which are maintained in
                                                                   relation to each other, at any given moment,
                                                                   within a band of 2-25 % , at rate of exchange based
Whereas the prices used must be adjusted where they                on their effective parity ;
are not quoted free-at-Community-frontier or where            — for other currencies, an exchange rate based on the
they do not apply to products of good marketable                   arithmetic mean of the spot market rates of each
quality ; whereas the ajustment in respect of an assimi­           of these currencies recorded for a given period, in
lated product the levy on which is equal to the levy               relation to the Community currencies referred to
on its pilot product must be effected in such a way as             in the previous subparagraph ;
to allow, in particular, for differences in composition ,
maturity , quality and presentation between the assimi­
lated product and the related pilot product ; whereas         Whereas it follows from applying all these provisions
adjustments relating to composition must be calcu­            that the levies on milk and milk products must be
lated by multiplying the difference between the milk           fixed as shown in the Annex to this Regulation ;
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
the milk component in question ; whereas the differ­
                                                               HAS ADOPTED THIS REGULATION :
ence between the value attributed on the Community
market to each of the relevant characteristics of the
pilot product and the value attributed on that market
to the corresponding characteristics of the assimilated                                Article 1
product in question must be taken into account when
the other adjustments are being effected ;
                                                              The levies referred to in Article 14(1 ) of Regulation
                                                              (EEC) No 804/68 are hereby fixed as shown in the
                                                              Annex to this Regulation .
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
                                                                                       Article 2
rials contained in the pilot product in question (calcu­
lated on the basis of the prices of milk products for
which prices are available), average processing costs         This Regulation shall enter into force on 16 March
and average yields ;                                           1 975 .
 ---pagebreak--- 15 . 3 . 75                    Official Journal of the European Communities                        No L 68 / 11
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 14 March 1975.
                                                                   For the Commission
                                                                     P.J. LARDINOIS
                                                               Member of the Commission
 ---pagebreak--- No L 68 / 12                          Official Journal of the European Communities                        15 . 3 . 75
                                                              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 °/o :
                   I. Yoghourt, kephir, curdled milk, whey, buttermilk and other
                       fermented or acidified milk :
                        a) In immediate packings of a net capacity of 2 litres or less 0110           16.13
                       b) Other                                                        0120           14.13
                  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           14-13
                           2. Exceeding 4 %                                            0140           17-77
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 4 °/o                                     0150           13-13
                           2. Exceeding 4 °/o                                          0160           16.77
              B. Other, of a fat content, by weight :
                    I. Exceeding 6 °/o but not exceeding 21 °/o                        0200          39-73
                   II. Exceeding 21 %> but not exceeding 45 %                          0300          84-04
                 III. Exceeding 45 %>                                                  0400        129-88
04.02         Milk and cream, preserved, concentrated or sweetened :
              A. Not containing added sugar :
                    I. Whey                                                            0500          11.48
                  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 %>         f                          0620          50-75
                           2. Exceeding 1.5 %> but not exceeding 27 °/o                0720          79-64
                           3 . Exceeding 27 °/o but not exceeding 29 °/o               0820          81.64
                           4 . Exceeding 29 %>                                         0920          93-18
                        b) Other, of a fat content, by weight :
\\                         1 . Not exceeding 1.5 °/o                                   1020          44-75
                           2. Exceeding 1.5 % but not exceeding 27 %>                  1120          73.64
                           3 . Exceeding 27 %> but not exceeding 29 %>                 1220          75-64
                           4. Exceeding 29 %>                                          1320          87-18
                 III. Milk and cream, other than in powder or granules :
                        a) In hermetically sealed cans of a net capacity of 454 g or
                           less, or in glass containers of a capacity of 0.5 litre
                           or less and of a fat content, by weight, of 11 % or less :
                           1. Of a fat content, by weight, of 8.9 %> or less           1420          12-19
                           2 . Other                                                   1520          16-46
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 45 °/o                                    1620          84-04
                           2. Exceeding 45 %                                           1720        129-88
 ---pagebreak---  15 . 3 . 75                           Official Journal of the European Communities                     No L 68/ 13
                                        Tariff Nomenclature                             ilil
                                                                                                          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 (2) :
                             1.  Exceeding 10 °/o but not exceeding 11 °/o                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 % but not exceeding 24 %>                   2110          38-00
                         b) Other :                                                     II
                             1 . In immediate packings of a net capacity of 2.5 kg or
                                 less and of a fat content, by weight :                 II
                                 aa) Not exceeding 1.5 %> (3)                             2220  per kg 0-4475 (9 )
                                 bb) Exceeding 1.5 % but not exceeding 27 %> (3)          2320  per kg 0-7364 (9)
                                 cc) Exceeding 27 %> (3)                                  2420  per kg 0.8718 (»)
                             2. Other, of a fat content, by weight :                    II
                                 aa) Not exceeding 1-5 %> (3)                             2520  per kg 0-4475 ( 10)
                                 bb) Exceeding 1.5 % but not exceeding 27 %> (3)          2620  per kg 0-7364 ( 10)
                                 cc) Exceeding 27 %> (3)                                  2720  per kg 0.8718 ( 10)
                   II. Milk and cream, other than in powder or granules :               II
                        a) In hermetically sealed cans of a net capacity of 454 g or
                            less and of a fat content, by weight, not exceeding 9.5 °/o  2810           22-74
                       b) Other, of a fat content, by weight :                          II
                            1 . Not exceeding 45 °/o (3)                                 2910   per kg 0.8404 ( 10)
                            2. Exceeding 45 %> (s)                                       3010   per kg 1.2988 (10)
04.03           Butter :
                                                                                               I
                A. Of a fat content, by weight, not exceeding 85 %>                      3110         152.80
  -
                B. Other                                                                 3210         186.42
04.04           Cheese and curd :
                A. Emmentaler, Gruyere, Sbrinz, Bergkase and Appenzell, not
                   grated or powdered :
                   I. Of a minimum fat content of 45 % by weight, referred to
                       dry matter, matured for at least 3 months ( 2 ) :
                       a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg
                           net weight of :
                            1 . 186.68 u.a. (a) or more but less than 206.68 u.a. (a)    3317          15.00
                           2. 206.68 u.a . ( a ) or more                                 3416        120.52 (»)
 ---pagebreak--- No L 68/ 14                        Official Journal of the European Communities                            15 . 3 . 75
                                   Tariff Nomenclature                                  \
                                                                                                       Levy
                                                                                        Code
                                                                                               (in u.a . /100 kg net
 CCT heading                                                                                 weight unless otherwise
      No                                   Description of goods                                     indicated )
04.04                b) Pieces packed in vacuum or in inert gas :
(cont'd)
                         1 . With rind on at least one side, of a net weight :
                             aa) Of 1 kg or more but less than 5 kg and of a
                                 free-at-frontier value (5) of 206.68 u.a. (a) or more,
                                 but less than 234.68 u.a. (a) per 100 kg net weight    3517          15.00
                             bb) Of 450 g or more and of a free-at-frontier value (5)
                                 of 234.68 u.a. (a) or more per 100 kg net weight       3615        120.52 (»)
                         2. Other, of a net weight of 75 g or more but not
                             exceeding 250 g (6) and of a free-at-frontier value (5)
                             of 254.68 u.a. ( a) or more per 100 kg net weight          3715        120-52 (»)
                II . Other                                                              3800         120-52
             B. Glarus herb cheese (known as Schabziger) made from skimmed
                milk and mixed with finely-ground herbs (2)                             3900        117-00 ( 12)
             C. Blue-veined cheese, not grated or powdered                              4000          85-42
             D. Processed cheese, not grated or powdered :                              I
\                I. In the blending of which only Emmentaler, Gruyere and
                     Appenzell have been used and which may contain, as an
                     addition, Glarus herb cheese (known as Schabziger), put
                     up (in boxes or slices) for retail sale (7), of a free-at
                     frontier value (5) of 140 u.a. or more per 100 kg net weight
                     and of a fat content, by weight, referred to dry matter (2) :
                     a) Not exceeding 48 % in respect of the aggregate of por­
                         tions or slices                                                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% in respect of
                         the aggregate of portions or slices                            4311          35.00
                II. Other, of a fat content, by weight :                                I
                     a) Not exceeding 36 °/o and of a fat content, by weight,
                         referred to dry matter :                                       I
                         1 . Not exceeding 48 °/o                                       4410          98.80
                         2 . Exceeding 48 °/o                                           4510         107.54
                     b ) Exceeding 36 %>                                                4610         187-54
             E. Other :
                                                                                        II
                 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         117.00
 ---pagebreak--- 15 . 3 . 75                         Official Journal of the European Communities                 No L 68/ 15
                                    Tariff Nomenclature                                 I
                                                                                                  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 %> :
(cont'd)                  1 . Cheddar, including Chester                           4810         123.26
                         2. Tilsit and Butterkase, of a fat content, by weight,
                              referred to the dry matter (2) :
                              aa) Not exceeding 48 °/o                             4922         101.45 ( 13)
                              bb) Exceeding 48 °/o                                 5022         101-45 ( 14)
                         3 . Kashkaval (2)                                         5030         101.45 ( 15)
                         4. Cheese of sheep's milk or buffalo milk in containers
                              holding brine, or in sheep- or goat-skin bottles (2) 5060         101-45 ( 15)
                         5 . Other                                                 5120         101-45
                     c) Exceeding 72 % :
                         1 . In immediate packings of a net capacity not exceeding
                              500 g                                                5210          76.09
                         2 . Other                                                 5250         181-45
                 II. Not specified :
                     a) Grated or powdered                                         5310         117-00
                     b ) Other                                                     5410         181-45
17.02        Other sugars ; sugar syrups ; artificial honey (whether or not mixed
             with natural honey) ; caramel :
             A. Lactose and lactose syrup :
                II. Other than that containing, in the dry state, 99 %> or more
                     by weight of the pure product (16)                            5500          15-25
17.05        Flavoured or coloured sugars, syrups and molasses, but not includ­
             ing fruit juices containing added sugar in any proportion :
             A. Lactose and lactose syrup                                          5600          15-25
23.07        Sweetened forage ; other preparations of a kind used in animal
             feeding :
             B. Other, containing starch or glucose or glucose syrup falling
                within subheadings 17.02 B and 17.05 B, or milk prod­
                ucts (8) :
                  I. Containing starch, or glucose or glucose syrup :
                     a) Containing no starch or containing 10 %> or less by
                         weight of starch :
                         1
                         2
                         3 . Containing 50 % or more but less than 75 % by weight
                              of milk products                                     5700          35-56
                         4. Containing 75 %> or more by weight of milk products    5800          45-86
                     b) Containing more than 10 °/o but not more than 30 % by
                         weight of starch :
                         1
                         2
                         3 . Containing 50 °/o or more by weight of milk products  5900          42-57
 ---pagebreak---  No L 68 / 16                                 Official Journal of the European Communities                                              15 . 3 . 75
                                              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 °/o by weight of starch :
 (cont'd)                         1
                                  2
                                  3. Containing 50 %> or more by weight of milk products                          6000             34.23
                          II. Containing no starch, glucose or glucose syrup, but contain­
                               ing milk products                                                                  6100             45.86
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) 0 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) 0 u.a .
(") The levy is limited to 7.50 u.a . per 100 kg net weight.
(") The levy is limited to 6 % of the value for customs purposes .
(") The levy is limited to 43.80 u.a . per 100 kg net weight for imports from Austria , Finland, Rumania and Switzerland (Regulation (EEC) No
     1054/68 as amended ).
(u) The levy is limited to 63.80 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No
     1054/68 as amended).
(15) The levy is limited to 43-80 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Rumania and Turkey (Regulation (EEC) No
     1054/68 as amended).
('•) Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation No 189/66/EEC, subject to the same levy
     as that applicable to lactose and lactose syrup falling within subheading 17.02 A II .
(a) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 7.11 u.a . per 100 kg net.