CELEX: 31977R0907
Language: en
Date: 1977-04-30 00:00:00
Title: Commission Regulation (EEC) No 907/77 of 29 April 1977 fixing the import levies on milk and milk products

No L 108 / 30                              Official Journal of the European Communities                             30 . 4. 77
                                     COMMISSION REGULATION (EEC) No 907/77
                                                          of 29 April 1977
                                   fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                        No 823/68, calculated by multiplying the basic
COMMUNITIES,                                                         amount by the quantity of milk powder contained in
                                                                     the product ; whereas the same applies to products
Having regard to the Treaty establishing the European                falling within subheading 04.02 B II b) as regards the
Economic Community,                                                  component of the levy fixed by means of a coefficient
Having regard to Council Regulation (EEC) No                         expressing the weight ratio between the milk compo­
804/68 of 27 June 1968 on the common organization                     nents contained in the product and the product itself ;
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                    Whereas the basic amount must be equal to one
particular Article 14(8) thereof,                                    hundredth part of the levy set out for each product in
Having regard to the opinion of the Monetary                          the second subparagraph of Article 9(1 ) and the
Committee,                                                           second subparagraph of Article 9 (2) of Regulation
                                                                     (EEC) No 1073/68 ;
Whereas Article 14 of Regulation (EEC) No 804/68
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 of                   account per 100 kg in respect of the products falling
28 June 1968 determining the groups of products and                  within subheadings 04.04 E I b) 2 and 04.04 E I b) 3,
the special provisions for calculating levies on milk                 or not less than 115 units of account per 100 kg in
and milk products (3), as last amended by Regulation                  respect of the products falling within subheading
(EEC) No 874/77 (4) ;                                                 04.04 E I b) 4, the levy per 100 kg is defined in
                                                                      Article 8 of Regulation (EEC) No 823/68 ;
Whereas the levy on the products in any one group
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 1977/78 milk year                 into the Community the price of an assimilated
by Council Regulation (EEC) No 873/77 of 26 April                     product for which the levy is not equal to the levy on
1977 (5);                                                             its pilot product is considerably lower than the price
                                                                      which would obtain if the ratio to the price of the
Whereas, however, Regulation" (EEC) No 823/68 lays                    pilot product were normal, the levy must be equal to
down special provisions for calculating the levy on                   the sum of two components :
certain assimilated products ; whereas these products
are listed and the method of calculating the levy on                  — one component equal to the amount resulting
them described in Annex II and in Articles 2 to 7 of
                                                                          from the provisions of Articles 2 to 7 of Regula­
that Regulation respectively ; whereas this method                        tion (EEC) No 823/68 applicable to the assimi­
consists in adding together the various components                        lated product in question ;
defined in those Articles ;
                                                                      — an additional component fixed at a level which,
Whereas Commission Regulation (EEC) No 1073/68
                                                                          the composition and quality of the assimilated
of 24 July 1968 laying down detailed rules for deter­                     product being taken into account, makes it
mining free-a-frontier prices and for fixing levies in                    possible to re-establish normal price ratios for
respect of milk and milk products (6), provides that                      imports into the Community ;
the component of the levy fixed by means of a coeffi­
cient expressing the weight ratio between the milk
powder contained in the product and the product                       Whereas Article 14(3) of Regulation (EEC) No 804/68
itself is, for the products falling within subheading                 provides that the levy on products in respect of which
04.02 Bib) listed in Annex II to Regulation (EEC)                     the customs duty has been bound within GAIT must
                                                                      be limited to the amount resulting from that binding ;
(')  OJ No  L 148 , 28 . 6 . 1968 , p. 13 .
(2)  OJ No  L 67, 15 . 3 . 1976, p . 9 .
(3)  OJ No  L 151 , 30 . 6 . 1968 , p. 3 .
 4   OJ No  L 106, 29 . 4 . 1977 , p . 20 .                           Whereas Regulation (EEC) No 1073/68 provides that
(5 ) OJ No  L 106, 29 . 4 . 1977, p. 19.                              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--- 30 . 4. 77                          Official Journal of the European Communities                         No L 108 /31
(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 noi
                                                              reached the Commission to enable it to establish the
Whereas the free-at-frontier prices must be estab­
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, however, no account should be taken of               whereas they may be altered in the intervening period
                                                              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
ence between the value attributed on the Community            HAS ADOPTED THIS REGULATION :
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
product in question must be taken into account when                                   Article 1
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
Whereas, if no information on prices is available, the
                                                              Annex to this Regulation .
free-at-frontier price may, by way of exception , be
established on the basis of the value of the raw mate­
rials contained in the pilot product in question (calcu­                              Article 2
lated on the basis of the prices of milk products for
which prices are available), average processing costs
and average yields ;                                          This Regulation shall enter into force on 1 May 1977.
 ---pagebreak--- No L 108/32                  Official Journal of the European Communities                        30 . 4. 77
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 29 April 1977.
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                      Vice-President
 ---pagebreak--- 30. 4. 77                               Official Journal of the European Communities                  No L 108/33
                                                                  ANNEX
              to the Commission Regulation of 29 April 1977 fixing the import levies on milk and
                                                              milk products
                                       Tariff Nomenclature
                                                                                                        Ltry
                                                                                                (in u.a. /lOO kg net
  CCT heading                                                                            Code weight unless otherwise
      No                                        Description of goods                                 indicated)
34.01            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 two litres or
                            less                                                        0110           21-83
                         b) Other                                                       0120           19-83
                    II . Other :
                         a) In immediate packings of a net capacity of two litres or
                            less and of a fat content, by weight :
                                                                                                       19-83
                            1 . Not exceeding 4 %>                                      0130
                            2. Exceeding 4 °/o                                          0140           24-29
                         b) Other, of a fat content, by weight :
                            1. Not exceeding 4 °/o                                      0150           18-83
                            2. Exceeding 4 °/o                                          0160           23-29
                B. Other, of a fat content, by weight :
                      I. Exceeding 6 °/o but not exceeding 21 %                         0200           48-73
                     II. Exceeding 21 %> but not exceeding 45 #/o                       0300         103-09
                    III. Exceeding 45 °/o                                               0400         159-32
04.02           Milk and cream, preserved, concentrated or sweetened :
                A. Not containing added sugar :
                      I. Whey                                                           0500           15-30
                     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           97-77
                            2. Exceeding 1-5 %> but not exceeding 27 °/o                0720         121-60
                            3 . Exceeding 27 %> but not exceeding 29 %>                 0820         123-60
                            4. Exceeding 29 °/o                                         0920         135-68
                         b) Other, of a fat content, by weight :
                             1 . Not exceeding 1-5 %                                    1020          91-77
                            2. Exceeding 1-5 °/o but not exceeding 27 %>                1120         115-60
                            3. Exceeding 27 °/o but not exceeding 29 %                  1220         117-60
                            4. Exceeding 29 °/o                                         1320         129-68
                   III. Milk and cream, other than in powder or granules -.
                         a) In hermetically sealed cans of a net capacity of 454 g or
                            less, or in glass containers of a capacity of 0-5 litre
                            or less and of a fat content, by weight, of 11 %> or less :
                            1 . Of a fat content, by weight, of 8-9 ®/o or less         1420          30-67
                            2. Other                                                    1520          41-40
 ---pagebreak--- No L 108 /34                         Official Journal of the European Communities                     30. 4. 77
                                    Tariff Nomenclature
                                                                                                   Lery
                                                                                           (in u.a ./100 kg aer
  CCT heading                                                                       Code weight unless otherwise
      No                                     Description of goods                               indicated)
04.02                  b) Other, of a fat content, by weight :
(cont'd)
                          1. Not exceeding 45 ·/·                                   1620         103-09
                          2. Exceeding 45 ·/·                                       1720         159-32
              B. Containing added sugar :
                  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, exceeding 10 °/o but not exceeding 27 °/o (*)   1820          30-00
                   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 (*)                          2220  per kg 0-9177 (e)
            r                bb) Exceeding 1·5 °/o but not exceeding 27 %> (*)      2320  per kg 1-1560 (9)
                             cc) Exceeding 27 ·/# (*)                               2420  per kg 1-2968 (·)
                         2. Other, of a fat content, by weight :
                             aa) Not exceeding 1-5 ®/o (■)                          2520  per kg 0-9177 (10)
                             bb) Exceeding 1-5 e/o but not exceeding 27 % (')       2620  per kg 1-1560 (10)
                             cc) Exceeding 27 % (·)                                 2720  per kg 1-2968 (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          33-26
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 e/o (·)                               2910  per kg 1-0309 (10)
                         2. Exceeding 45 ·/· (·)                                    3010  per kg 1-5932 (10)
MJB&          Butter :
              A. Of a fat content, by weight, not exceeding 85 ·/·                  3110         187-43
              B. Other                                                              3210        228-66
04.04         Cheese and curd :
              A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell, not
                 grated or powdered :
               t I. Of a minimum fat content of 45/ο by weight, referred to
               '     dry matter, matured for at least three months (*) :
                     a) Whole cheese (4) of a free-at-frontier value (·) per 100 kg
                         net weight of :
                         1 . 220-70 u.a . or more but less than 240-70 u.a .        3121          15-00
                         2 . 240-70 u.a. or more                                    3420        130-06 (»)
 ---pagebreak---  30. 4. 77                              Official Journal of the European Communities                      No L 108/35
                                       Tariff Nomenclature ■
                                                                                                            LCTT
                                                                                             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 240-70 u.a. or more
                                     but less than 268-70 u.a. per 100 kg net weight         3521           15-00
               V.
                                 bb) Of 450 g or more and of a free-at-frontier value (5)
                                     of 268-70 u.a. or more per 100 kg net weight            3619        130-06 (»)
                             2. Other, of a net weight of 75 g or more but not
                                 exceeding 250 g (·) and of a free-at-frontier value (5)
                                 of 288-70 u.a. or more per 100 kg net weight                3719         130-06 («)
                     II. Other                                                               3800         130-06
                  B. Glarus herb cheese (known as Schabziger) made from skimmed
                     milk and mixed with finely-ground herbs (*)                             3900         156-62 ( 12 )
                  C. Blue-veined cheese, not grated or powdered                              4000         127-81
                  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 for retail sale (7), of a free-at-frontier value (®) of not less
                          than 150 u.a. per 100 kg net weight and of a fat content, by
                          weight, in the dry matter, not exceeding 56 %> (*)                 4120           30-00
                     II. Other, of a fat content, by weight :
                         a) Not exceeding 36/o and of a fat content, by weight,
                             referred to dry matter :
                             1 . Not exceeding 48 e/o                                        4410         129-12
                             2. Exceeding 48 %                                               4510         137-29
.
                          b) Exceeding 36 ®/o                                                4610        217-29
                  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        156-62
 ---pagebreak--- No L 108/36                          Official Journal of the European Communities                        30. 4. 77
                                    Tariff Nomenclature
                                                                                      Code
                                                                                             (in u.a.Levy/10 ? kg net
  CCT heading                                                                              weight unless otherwise
      No                                     Description of goods                                 indicated)
04.04                 b) Exceeding 47 ·/· but not exceeding 72 ·/· :
(cont'd )
                          1 . Cheddar, including Chester :
                              aa) Whole Cheddar cheeses (4) made from unpasteuri­
                                  zed milk, of a minimum fat content of 50 %> by
                                  weight, in the dry matter, matured for a least nine
                                  months and of a free-at-frontier value of not less
                                  than 213·20 u.a. per 100 kg net weight (2)          4834          15-00
                              bb) Other                                               4850         163-83
                          2. Tilsit and Butterkäse, of a fat content, by weight,
                              referred to the dry matter (*) :
                              aa) Not exceeding 48 %                                  4922         137-19 ( 13)
                              bb) Exceeding 48 °/o                                    5022         137-19 (")
                          3 . Kashkaval (2)                                           5030         137-19 (")
                          4. Cheese of sheep's milk or buffalo milk in containers
                              holding brine, or in sheep- or goat-skin bottles (l)    5060         137-19 (")
                          5 . Other                                                   5120         137-19
                      c) Exceeding 72 %> :
                          1 . In immediate packings of a net capacity not exceeding
                              500 g                                                   5210         102-89
                          2 . Other                                                   5250         217-19
                  II. Not specified :
                      a) Grated or powdered                                           5310         156-62
                      b ) Other                                                       5410         217-19
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          18-95
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          18-95
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 (e) :
                   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 or more but less than 75 % by weight
                              of milk products                                        5700          70-83
                          4 . Containing-75 % or more by weight of milk products      5800          91-93
 ---pagebreak---  30 . 4. 77                                         Official Journal of the European Communities                                  No L 108/37
                                                   Tariff Nomenclature
                                                                                                                                     Levy
                                                                                                               Code         (in u. a./100 kg net
    CCT heading                                                                                                           weight unlets otherwise
         No                                                 Description of goods                                                 indicated)
 23.07                          b) Containing more than 10% but not more than 30/o by
 (cont'd)                           weight of starch :
                                    1
                                    2. . . . . . .
                                    3 . Containing 50/o or more by weight of milk products                     5900                 85-57
                                c) Containing more than 30 °/o by weight of starch :
                                    1
                                    2
                                    3 . Containing 50/o or more by weight of milk products                     6000                69-30
                           II. Containing no starch, glucose or glucose syrup, bur contain­
                                ing milk products                                                              6100                91-93
 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) 9*92 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 ) 9-92 u.a .
 (") The levy is limited to 7-50 u.a. per 100 kg net weight.
 (") The levy is limited to 6*1» of the value for customs purposes .
(") The levy is limited to 64-00 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland (Regulation (EEC) Mo
     1054/68 as amended).
(u) The levy is limited to 84-00 u.a . per 100 kg net weight for imports from Austria , Finland , Romania and Switzerland (Regulation (EEC) N«»
     1054/68 as amended).
(15) The levy is limited to 64-00 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Romania and Turkey (Regulation (EEC) N»
     1054/68 as amended).
 (") Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation (EEC) So 2730/75, subject to the same levy
     as that applicable to lactose and lactose syrup falling within subheading 17.02 A II .
NB : For the purposes of heading No 04.04, the exchange rate to be applied in converting into national currencies the
         unit of account referred to in the subdivisions of this heading shall, notwithstanding general rule C 3 contained in
         Part I, Section I of the Common Customs Tariff be the representative rate, if such a rate is fixed pursuant to Council
         Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the
         common agricultural policy ( OJ No 106, 30. 10. 1962, p. 2553/62).