CELEX: 31976R0580
Language: en
Date: 1976-03-15 00:00:00
Title: Commission Regulation (EEC) No 580/76 of 15 March 1976 fixing the import levies on milk and milk products

15. 3 . 76                               Official Journal of the European Communities                          No L 69/ 19
                                     COMMISSION REGULATION (EEC) No 580/76
                                                         of 15 March 1976
                                   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 561 /76 (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 1976/77 milk year               into the Community the price of an assimilated
by Council Regulation (EEC) No 560/76 of 15 March                   product for which the levy is not equal to the levy on
 1976 p);                                                           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 GATT 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 .                           Whereas Regulation (EEC) No 1073/68 provides that
(4) OJ  No  L 67, 15. 3 . 1976, p. 11 .
(5) OJ  No  L 67, 15. 3 . 1976, p. 10 .                             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 69/20                          Official Journal of the European Communities                               15. 3 . 76
(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 15 March
  and average yields ;                                           1976.
 ---pagebreak--- 15. 3 . 76                    Official Journal of the European Communities                        No L 69/21
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 15 March 1976 .
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                '                                             Member of the Commission
 ---pagebreak--- No L 69/22                             Official Journal of the European Communities                             15 . 3 . 76
                                                                ANNEX
                                      Tariff Nomenclature
                                                                                                             Ler*
                                                                                         Code       (in u. a. /100 kg net
  CCT heading                                                                                     weight unless otherwise
      No                                       Description of goods                                      indicated)
04.01         Milk and cream, fresh, not concentrated or sweetened :
              A. Of a fat content, by weight, not exceeding 6 % :
                  I. Yoghourt, kephir, curdled milk, whey, buttermilk and other
                      fermented or acidified milk :
                       a) In immediate packings of a net capacity of two litres or
                          less                                                           0110               20-69
                       b) Other                                                          0120                18-69
                 II . Other :
                       a) Jn immediate packings of a net capacity of two litres or
                          less and of a fat content, by weight :
                          1 . Not exceeding 4 °/o                                        0130                18-69
                          2. Exceeding 4 °/o                                             0140                22-97
                       b) Other, of a fat content, by weight :
                           1 . Not exceeding 4 ®/o                                       0150                17-69
                          2. Exceeding 4 e/o                                             0160                21-97
              B. Other, of a fat content, by weight :
                    I. Exceeding 6 °/o but not exceeding 21 °/o                          0200                46-70
                   II. Exceeding 21 %> but not exceeding 45 °/o                          0300                98-80
                 III. Exceeding 45 °/o                                                   0400              152-69
 04.02        Milk and cream, preserved, concentrated or sweetened :
              A. Not containing added sugar :
                    I. Whey                                                               0500                14-30
                   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                88-82
                            2. Exceeding 1-5 %> but not exceeding 27 %                    0720              107-73
                            3 . Exceeding 27 % but not exceeding 29 °/o                   0820              109-73
                            4 . Exceeding 29 °/o                                          0920              123-05
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 1*5 °/o                                    1020                82-82
                            2. Exceeding 1-5 °/o but not exceeding 27 %                   1120              101-73
                            3 . Exceeding 27 % but not exceeding 29 %                     1220              103-73
                            4. Exceeding 29 %                                             1320              117-05
                  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                 19-35
                             2. Other                                                     1520                26-12
                                                                                                i
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 45 °/o                                      1620 j             98-80
                             2. Exceeding 45 %                                             1720 I           152-69
 ---pagebreak--- 15 . 3 . 76                          Official Journal of the European Communities                      No L 69 23
                                    Tariff Nomenclature
                                                                                                        Levy
                                                                                                (in u.a. /100 kg net
  CCT heading                                                                          , Code 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, exceeding l'0%/o but not exceeding 27 % (2)          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 (3)                               2220  per kg 0-8282 (®)
                             bb) Exceeding 1·5 °/o but not exceeding 27 % (a)            2320  per kg 1-0173 (»)
                             cc) Exceeding 27 % (8)                                      2420  per kg 1-1705 (»)
                         2. Other, of a fat content, by weight :
                             aa) Not exceeding 1-5 %> (s)                                2520  per kg 0-8282 (»)
                             bb) Exceeding 1-5 %> but not exceeding 27 °/o (J)           2620  per kg 1-0173 (10)
                             cc) Exceeding 27 % (s)                                      2720  per kg 1-1705 (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          29-26
                      b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 % (*)                                      2910  per kg 0-9880 (10)
                         2. Exceeding 45 %> (s)                                          3010  per kg 1-5269 (10)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 %                         3110        179-63
              B. Other                                                                   3210        219-15
04.04         Cheese and curd :
              A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell, not
                 grated or powdered :
                  I. Of a minimum fat content of 45 °/o by weight, referred to
                      dry matter, matured for at least three months (2) :
                      a) Whole cheese (4) of a free-at-frontier value (®) per 100 kg
                         net weight of :
                         1 . 205-86 u.a . ( a) or more but less than 225-86 u.a . ( a)   3319          15-00
                         2 . 225-86 u.a . ( a ) or more                                  3418        139-70 (")
 ---pagebreak--- No L 69/24                          Official Journal of the European Communities                             15 . 3 . 76
                                   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 225-86 u.a. (a) or more
                                 but less than 253-86 u.a. (a) per 100 kg net weight     3519           15-00
                             bb) Of 450 g or more and of a free-at-frontier value (5)
                                 of 253-86 u.a. (a) or more per 100 kg net weight        3617         139-70 («)
                         2. Other, of a net weight of 75 g or more but not
                             exceeding 250 g (e) and of a free-at-frontier value (5)
                             of 273-86 u.a. (a) or more per 100 kg net weight            3717         139-70 (»)
                 II Other                                                                3800         139-70
              B. Glarus herb cheese (known as Schabziger) made from skimmed
                 milk and mixed with finely-ground herbs (2)                             3900         128-54 ( 12)
  •
              C. Blue-veined cheese, not grated or powdered                              4000         110-71
              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 fre^-at-frontier value (5) 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 % (2)                  4120             30-00
                 II. Other, of a fat content, by weight :
                     a) Not exceeding 36 %> and of a fat content, by weight,
                         referred to dry matter :
                         1 . Not exceeding 48 e/o                                        4410         112-50
                         2. Exceeding 48 °/o                                             4510         123-25
                      b) Exceeding 36 %                                                  4610         203-25
              K. 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         128-54
 ---pagebreak--- 15 . 3 . 76                              Official Journal of the European Communities                      No L 69/25
                                        Tariff Nomenclature
                                                                                                            Levy
                                                                                                   (in u. a. / 100 kg net
                                                                                            Code
   CCT heading                                                                                   weight unless otherwise
        No                                       Description of goods                                   indicated)
                                                                                         !
04.04                     b) Exceeding 47 % but not exceeding 72 ®/o :
( 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 202-00 u.a. per 100 kg net weight (2)            4832           15-00
                                 bb) Other                                                  4850         139-47
                             2. Tilsit and Butterkäse, of a fat content, by weight,
                                 referred to the dry matter (2) :
                                 aa) Not exceeding 48 °/o                                   4922         116-90 ( 13)
                                 bb) Exceeding 48 %                                         5022         116-90 ( 14 )
                             3 . Kashkaval (2)                                              5030         116-90 ( 15)
                             4. Cheese of sheep's milk or buffalo milk in containers
                                 holding brine, or in sheep- or goat-skin bottles (2)       5060         116-90 ( 15 )
                             5 . Other                                                      5120         116-90
                         c) Exceeding 72 °/o :
                             1 . In immediate packings of a net capacity not exceeding
                                 500 g                                                      5210           87-68
                             2. Other                                                      5250          196-90
                     II. Not specified :
                         a) Grated or powdered                                              5310         128-54
                         b) Other                                                          5410          196-90
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 (1β)                                5500            17-25
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           17-25
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 :
               I
                         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           64-12
                            4. Containing 75 % or more by weight of milk products          5800           83-16
 ---pagebreak--- No L 69/26                                      Official Journal of the European Communities                                          15 . 3 . 76
                                               Tariff Nomenclature
                                                                                                                                   Levy
                                                                                                              Code
                                                                                                                           (in u .a./100 kg net
   CCT heading                                                                                                           weight unless otherwise
           No                                           Description of goods                                                    indicated)
                                                   1
23.07                             b) Containing more than 10% but not more than 30°/» by
(cont'd)                             weight of starch :
                                     1
                                     2
                                     3 . Containing 50% or more by weight of milk products                    5900                 77-12
                                  c) Containing more than 30 % by weight of starch :
                                     1
                                     2
                                     3. Containing 50% or more by weight of milk products                     6000                 61-78
                              II. Containing no starch, glucose or glucose syrup, but contain­
                                  ing milk products                                                           6100                 83-16
For notes (l) 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) 3*63 u.a.
 (w) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components ;
        a) the amount per kg shown, multiplied by the weight of milk and cream contained in 100 kg of product; and
        b) 3-63 u.a .
 (w) The levy is limited to 7-50 u.a. per 100 kg net weight.
 (") The levy is limited to 6V» of the value for customs purposes.
 (ls) The levy is limited to 59-25 u.a. per 100 kg net weight for imports from Austria, Finland , Romania and Switzerland (Regulation (EEC) No
         1054/68 as amended).
 (") The levy is limited to 79-25 u.a . per 100 kg net weight for imports from Austria, Finland, Romania and Switzerland (Regulation (EEC) No
        1054/68 as amended).
 (t.5 ) The levy is limited to 59-25 u.a . per 100 kg net weight for imports from Bulgaria, Hungary, Romania 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 (EEC) No 2730/75, 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 2-97 u.a . per 100 kg net.
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).