CELEX: 31981R0921
Language: en
Date: 1981-04-06 00:00:00
Title: Commission Regulation (EEC) No 921/81 of 3 April 1981 fixing the import levies on milk and milk products

6 . 4 . 81                                Official Journal of the European Communities                           No L 93 / 1
                                                                 I
                                               (Acts whose publication is obligatory)
                                     COMMISSION REGULATION (EEC) No 921 /81
                                                          of 3 April 1981
                                  fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                       are listed and the method of calculating the levy on
COMMUNITIES,                                                         them described in Annex II and in Articles 2 to 7 of
                                                                     that Regulation respectively ; whereas this method
Having regard to the Treaty establishing the European                consists in adding together the various components
Economic Community,                                                  defined in those Articles ;
Having regard to Council Regulation (EEC) No 804/68
of 27 June 1968 on the common organization of the                    Whereas Commission Regulation (EEC) No 1073/68
market in milk and milk products ('), as last amended                of 24 July 1968 laying down detailed rules for deter­
by the Act of Accession of Greece (2), and in particular             mining free-at-frontier prices and for fixing levies in
Article 14(8) thereof,                                               respect of milk and milk products (6), provides that the
                                                                     component of the levy fixed by means of a coefficient
Having regard to the opinion of the Monetary                         expressing the weight ratio between the milk powder
Committee,                                                           contained in the product and the product itself is, for
                                                                     the products falling within subheading 04.02 Bib)
Whereas Article 14 of Regulation (EEC) No 804/68                     listed in Annex II to Regulation (EEC) No 2915/79,
provides for charging a levy on imports of the                       calculated by multiplying the basic amount by the
products listed in Article 1 of that Regulation ;                    quantity of milk powder contained in the product ;
whereas these products may be divided into groups ;                  whereas the same applies to products falling within
whereas the product groups and the pilot groups and                  subheading 04.02 B II b) as regards the component of
the pilot product for each of these groups are set out               the levy fixed by means of a coefficient expressing the
in Annex I to Council Regulation (EEC) No 2915/79                    weight ratio between the milk components contained
of 18 December 1979 determining the groups of                        in the product and the product itself ;
products and the special provisions for calculating
levies on milk and milk products and amending Regu­                  Whereas the basic amount must be equal to one
lation (EEC) No 950/68 on the Common Customs                         hundredth part of the levy set out for each product in
Tariff ('), as last amended by Regulation (EEC) No                   the second subparagraph of Article 9(1 ) and the
853/81 (4);                                                          second subparagraph of Article 9 (2) of Regulation
Whereas the levy on the products in any one group                    (EEC) No 1073/68 ;
must be equal to the threshold price for the pilot
product less the free-at-frontier price ; whereas these              Whereas, for products of Group No 11 , originating in
threshold prices were fixed for the 1981 / 82 milk year              and coming from third countries, for which it is found
by Council Regulation (EEC) No 852/81 of 1 April                     on importation into the Community that the ruling
 1981 0 ;                                                            price is not less than 201-34 ECU per 100 kilograms
                                                                     for products falling within subheading 04.04 E I b) 2,
Whereas, however, Regulation (EEC) No 2915/79 lays                   or not less than 213 43 ECU per 100 kilograms for
 down special provisions for calculating the levy on                  products falling within subheading 04.04 E I b) 3, or
certain assimilated products ; whereas these products                 not less than 195-30 ECU per 100 kilograms for
                                                                      products falling within subheading 04.04 E I b) 4, the
 (') OJ  No  L 148 , 28 . 6 . 1968 , p . 13 .                         levy per 100 kilograms is defined in Article 11 of
 (2) OJ  No  L 291 , 19 . 11 . 1979 , p . 17 .                        Regulation (EEC) No 2915/79 ;
 (') OJ  No  L 329 , 24 . 12 . 1979 , p . 1 .
 (4) OJ  No  L 90 , 4. 4.  1981 .
fa OJ No L 90, 4. 4. 1981 .                                          (6) OJ No L 180, 26 . 7. 1968 , p. 25.
 ---pagebreak--- No L 93/2                           Official Journal of the European Communities                               6. 4. 81
Whereas, within the tariff quotas referred to in Article      Whereas the prices used must be adjusted where they
9 (2) of Regulation (EEC) No 2915/79, the levy on 100         are not quoted free-at-Community-frontier or where
kilograms of a product of Group 10 or 11 and falling          they do not apply to products of good marketable
within subheadings 04.04 E I b) 1 (aa), 04.04 E I b) 1        quality ; whereas the ajustment in respect of an assi­
(bb), 04.04 E I b) 1 (cc) and 04.04 E I b) 5 (aa) shall be    milated product the levy on which is equal to the levy
equal to 12 09 ECU ;                                          on its pilot product must be effected in such a way as
                                                              to allow, in particular, for differences in composition,
                                                              maturity, quality and presentation between the assimi­
Whereas, for as long as it is found that on importation       lated product and the related pilot product ; whereas
into the Community the price of an assimilated                adjustments relating to composition must be calcu­
product for which the levy is not equal to the levy on        lated by multiplying the difference between the milk
its pilot product is considerably lower than the price        component content of the pilot product and that of
which would obtain if the ratio to the price of the           the assimilated product in question by the value attri­
pilot product were normal, the levy must be equal to          buted in international trade to one unit of weight of
the sum of two components :                                   the milk component in question ; whereas, when the
                                                              other adjustments are being effected, the difference
— one component equal to the amount resulting                 between the value attributed on the Community
                                                              market to each of the relevant characteristics of the
      from the provisions of Articles 2 to 7 of Regulation
                                                              pilot product and the value attributed on that market
     (EEC) No 2915/79 applicable to the assimilated
      product in question,                                    to the corresponding characteristics of the assimilated
                                                              product in question must be taken into account ;
— an additional component fixed at a level which,
      the composition and quality of the assimilated
      product being taken into account, makes it              Whereas, if no information on prices is available, the
      possible to re-establish normal price ratios for         free-at-frontier price may, by way of exception, be
      imports into the Community ;                            established on the basis of the value of the raw
                                                               materials contained in the pilot product in question
                                                              (calculated on the basis of the prices of milk products
Whereas Article 14(3) of Regulation (EEC) No 804/68            for which prices are available), average processing costs
provides that the levy on products in respect of which        and average yields ;
the customs duty has been bound within GATT must
be limited to the amount resulting from that binding ;
                                                              Whereas, in exceptional circumstances, a free-at­
Whereas Regulation (EEC) No 1073/68 provides that a            frontier price may remain unchanged for a limited
free-at-frontier price must be established for each of         period where the new level of the price for a given
the pilot products defined in Annex I to Regulation            quality or a specific origin, used as a basis for estab­
(EEC) No 2915/79 ; whereas these prices must be                lishing the previous free-at-frontier price, has not
                                                               reached the Commission to enable it to establish the
determined for products of good marketable quality ;
                                                               next free-at-frontier price and if the Commission
                                                               considers that the prices which are available could lead
Whereas the free-at-frontier prices must be established        to sudden and considerable changes in the free-at­
on the basis of the most favourable purchasing oppor­          frontier price because they are not sufficiently rep­
tunities in international trade for the products listed in     resentative of real market trends ;
Article 1 (a) 2 and (b) to (g) of Regulation (EEC) No
 804/68 other than assimilated products for which the
 levy is not equal to the levy on the related pilot            Whereas, in accordance with Article 19(1 ) of Regula­
 products ; whereas, when recording these purchasing           tion (EEC) No 804/68, the nomenclature provided for
 opportunities, the Commission must take account of            in this Regulation is incorporated in the Common
 all information obtained direct or through the Member         Customs Tariff :
 States concerning prices for delivery of third-country
 products free-at-Community-frontier 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
 information relating to small quantities which are not        if necessary ; whereas the levy remains valid until
                                                               another becomes applicable ;
 representative of trade in the products in question and
 quantities in respect of which price trends in general
 or other information available to it lead the Commis­
 sion to believe that the price in question is unrepre­        Whereas, if the levy system is to operate normally,
 sentative of the real trend of the market ;                   refunds should be calculated on the following basis :
 ---pagebreak--- 6 . 4 . 81                          Official Journal of the European Communities                          No L 93 /3
— in the case of currencies which are maintained in           HAS ADOPTED THIS REGULATION :
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on                                  Article 1
     their effective parity,
— for other currencies, an exchange rate based on the         The import levies referred to in Article 14(1 ) of Regu­
     arithmetic mean of the spot market rates of each of      lation (EEC) No 804/68 shall be as set out in the
     these currencies recorded for a given period in          Annex hereto .
     relation to the Community currencies referred to
     in the previous indent ;                                                        Article 2
Whereas it follows from applying these provisions that
the levies on milk and milk products should be as set
out in the Annex hereto,                                      This Regulation shall enter into force on 6 April 1981 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 April 1981 .
                                                                       For the Commission
                                                                         Poul DALSAGER
                                                                    Member of the Commission
 ---pagebreak--- No L 93/4                                Official Journal of the European Communities                                         6 . 4. 81
                                                              ANNEX
            to the Commission Regulation of 3 April 1981 fixing the import levies on milk and milk
                                                             products
                                                                                     (ECU/100 kg net weight, unless otherwise indicated)
    CCT
  heading                                        Description                                    Code              Import levy
     No
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                  21-88
                    b) Other                                                                    0120                  Í 947
              II . Other :
                    a) In    immediate packings of a net capacity of two litres or less, and
                       of     a fat content, by weight :
                        1.   Not exceeding 4%                                                   0130                  19-47
                        2.   Exceeding 4 %                                                      0140                  24-23
                    b) Other, of a fat content, by weight :
                        1 . Not exceeding 4 %                                                   0150                  18-26
                        2. Exceeding 4 %                                                        0160                  23-02
          B. Other, of a fat content, by weight :
                I. Exceeding 6 % but not exceeding 21 %                                         0200                  52-05
               II . Exceeding 21 % but not exceeding 45 %                                       0300                11010
              III. Exceeding 45 %                                                               0400                 170-15
04.02     Milk and cream, preserved, concentrated or sweetened :
          A. Not containing added sugar :
                I. Whey                                                                         0500                  16-99
               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                  80-50
                         2. Exceeding 1 -5 % but not exceeding 27 %                             0720                 142-01
                         3 . Exceeding 27 % but not exceeding 29 %                              0820                 144-43
                         4. Exceeding 29 %                                                      0920                 157-88
                     b) Other, of a fat content, by weight :
                          1 . Not exceeding 1-5%                                                 1020                 73-25
                         2. Exceeding 1 -5 % but not exceeding 27 %                              1120                134-76
                         3. Exceeding 27 % but not exceeding 29 %                                1220                137-18
                         4. Exceeding 29 %                                                       1320                150-63
 ---pagebreak--- 6 . 4. 81                               Official Journal of the European Communities                        No L 93 / 5
    CCT
   heading                                      Description                                 Code  Import levy
     No
04.02         III . Milk and cream , other than in powder or granules :
(cont 'd)            a) In immediate packings of a net capacity of 2-5 kg or less and of a
                         fat content, by weight, not exceeding 11 % :
                         1 . Of a fat content, by weight, not exceeding 8-9 %               1420       34-79
                         2 . Other                                                          1520       46-97
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 %                                             1620      110-10
                         2. Exceeding 45 %                                                  1720      170-15
           B. Containing added sugar :
               I. Milk and cream, in powder or granules :
                    a) Special milk for infants ('), in hermetically sealed containers of a
                        net capacity of 500 g or less and of a fat content, by weight,
                        exceeding 10 % but not exceeding 27 % (2)                           1820        36-27
                    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 % (')                                   2220   0-7325 (")
                                                                                                      per kg
                             bb) Exceeding 1-5 % but not exceeding 27 % (')                 2320   1 -3476 (")
                                                                                                      per kg
                             cc) Exceeding 27 % (')                                         2420   1-5063 Π
                                                                                                      per kg
                        2. Other, of a fat content, by weight :
                             aa) Not exceeding I-5% (')                                     2520   0-7325 (- 2)
                                                                                                      per kg
                             bb) Exceeding 1-5% but not exceeding 27 % ( l)                 2620   1-3476 C 2)
                                                                                                      per kg
                             cc) Exceeding 27 % (')                                         27 20  1 -50 63 C 2)
                                                                                                      per kg
              II . Milk and cream , other than 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, not exceeding 9-5 %                         2820        52-92
                    b) Other, of a fat content, by weight :
                        1 . Not exceeding 45 % (')                                          2910   1-1010 C 2)
                                                                                                      per kg
                        2. Exceeding 45 % (')                                               3010    1-7015 C 2)
                                                                                                       per kg
04.03      Butter :
           A. Of a fat content, by weight, not exceeding 85 %                               3110      200-18
           B. Other                                                                         3210      244-22
04.04      Cheese and curd :
           A. Emmentaler, Gruyère, Sbrinz, Bergkäse, Appenzell, Vacherin fribourgeois
              and Tête de moine, not grated or powdered :
                I. Of a minimum fat content of 45 % by weight, in the dry matter,
                    matured for at least two months in the case of Vacherin fribourgeois
                    and at least three months in the case of the others (2) :
                    a) Whole cheeses (4) of a free-at-frontier value (') per 100 kg net
                        weight of :
                         1 . 312-76 ECU or more, but less than 336-94 ECU                   3321         18-13
                        2 . 336-94 ECU or more                                              3420       191-12 ( ,3)
 ---pagebreak--- No L 93/6                                  Official Journal of the European Communities                              6 . 4. 81
   CCT
  heading                                          Description                                     Code  Import levy
    No
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 not less than 1 kg but less than 5 kg and of a free-at­
                                 frontier value (*) of not less than 336-94 ECU but less than
                                 361 1 2 ECU per 100 kg net weight                                 3521     18-13
                            bb) Not less than 1 kg and of a free-at-frontier value (") of not
                                 less than 361-12 ECU per 100 kg net weight                        3619    191-12 H
                      2. Other, of a net weight less than 450 g and of a free-at-frontier
                            value 0 of not less than 394-97 ECU per 100 kg net weight              3719    191-12 C 3)
             II . Other                                                                            3800    191-12
          B. Glaurus herb cheese (known as Schabziger), made from skimmed milk                     3900    204-65 C 4)
             and mixed with finely-ground herbs (2)
          C. Blue-veined cheese, not grated or powdered                                            4000    189-34
          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, Claurus herb
                  cheese (known as Schabziger), put up for retail sale Ç), of a free-at­
                  frontier value (5) of not less than 218Ό0 ECU per 100 kg net weight
                  and of a fat content, by weight, in the dry matter, not exceeding
                  56 % (2)                                                                         4120     36-27
             II. Other, of a fat content, by weight :
                  a) Not exceeding 36 % and of a fat content, by weight, in the dry
                       matter :
                       1 . Not exceeding 48 %                                                      4410    173-76
                       2. Exceeding 48 %                                                           4510    173-88
                  b) Exceeding 36 %                                                                4610    270-60
          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   204-65
                   b) Exceeding 47 % but not exceeding 72 % :
                        1 . Cheddar :
                             (aa) Cheddar cheeses, made from unpasteurized milk, of a
                                   minimum fat content of 50 % by weight, in the dry
                                   matter, matured for at least nine months (2) :
                                   ( 11 ) Whole cheeses (4) of a free-at-frontier value (5) of not
                                          less than 247-62 ECU per 100 kg net weight (8)            4840    213-42 (")
 ---pagebreak--- 6 . 4. 81                                Official Journal of the European Communities                       No L 93/7
    CCT
   heading                                        Description                                  Code  Import levy
     No
04.04                             (22) Other, of a net weight :
(cont 'd)
                                       (aaa) Of not less than 500 g and of a free-at-frontier
                                             value of not less than 265-76 ECU per 100
                                             kg net weight (8)                                 4850    213-42 (")
                                       (bbb) Of less than 500 g (6) and of a free-at-frontier
                                             value of not less than 277-85 ECU per 100
                                             kg net weight (8)                                 4860    213-42 (")
                            (bb) Whole Cheddar cheeses (4) of a minimum fat content of
                                  50 % by weight, in the dry matter, matured for at least
                                  three months and of a free-at-frontier value (5) of not less
                                  than 241-58 ECU per 100 kg net weight (2)(8)                 4870    213-42 (")
                            (cc) Cheddar for processing (*) of a free-at-frontier value (5) of
                                  not less than 217-40 ECU per 100 kg net weight (2)(8)        4880    213-42 (")
                            (dd) Other                                                         4890    213-42
                       2. Tilsit and Butterkäse, of a fat content, by weight, in the dry
                            matter (2) :
                            aa) Not exceeding 48 %                                             4922    189-58 H
                            bb) Exceeding 48 %                                                 5022    189-58 H
                       3 . Kashkaval (2)                                                       5030    189-58 C 7)
                       4. Cheese of sheep's milk or buffalo milk, in containers contain­
                             ing brine, or in sheepskin or goatskin bottles (2)                5060     189-58 H
                       5 . Other :
                       (aa) For processing f) of a free-at-frontier value (s) of not less than
                               217-40 ECU per 100 kg net weight (2)(8)                         5130     189-58 (")
                             (bb) Other                                                        5140    189-58
                       c) Exceeding 72 % :
                        1 . In immediate packings of a net capacity not exceeding 500 g        5210    142-19
                       2 . Other                                                               5250    286-30
               II . Other :
                    a) Grated or powdered                                                       5310   204-65
                    b) Other                                                                    5410   286-30
 17.02     Other sugars in solid form ; sugar syrups, not containing added flavouring or
           colouring matter ; artificial honey, whether or not mixed with natural
           honey ; caramel :
           A. Lactose and lactose syrup :
               II . Other (than those containing, in the dry state, 99 % or more by
                    weight of the pure product) (l8)                                            5500     36-59
 21.07     F. Flavoured or coloured sugar syrups :
               I. Lactose syrup                                                                 5600     36-59
 ---pagebreak--- No L 93 /8                         Official Journal of the European Communities                        6 . 4 . 81
   CCT
  heading                                  Description                                Code Import levy
    No
23.07      Sweetened forage ; other preparations of a kind used in animal feeding :
           B. Other, containing starch, glucose or glucose syrup falling within sub­
              headings 17.02 B and 21.07 F II, or milk products (l0) :
               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 not less than 50 % but not more than 75 % by
                         weight of milk products                                      5700    57-36
                     4. Containing not less than 75 % by weight of milk products      5800    74-21
                  b) Containing more than 10 % but not more than 30 % by weight
                     of starch :
                     1 . ...
                     2. ...
                     3. Containing not less than 50 % by weight of milk products      5900    69-36
                  c) Exceeding 30 % :
                     1 . ...
                     2 . ...
                     3. Containing 50 % or more by weight of milk products            6000    56-87
              II. Containing no starch, glucose or glucose syrup, but containing milk
              products                                                                6100    74-21
 ---pagebreak--- 6. 4. 81                                 Official Journal of the European Communities                                      No L 93/9
 (') For the purposes of this tariff subheading, 'special milk for infants means products free from pathogenic and toxicogenic
     germs and containing per gram less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria.
 (2) Inclusion under this tariff subheading is subject to conditions to be laid down by the competent authorities.
 (3) In calculating the fat content the weight of any added sugar shall be disregarded.
 (4) (a) 'Whole cheeses' means whole cheeses of the conventional flat cylindrical shape having the following net weights :
         —   Emmentaler : not less than 60 kg but not more than 130 kg inclusive,
         —   Gruyere and Sbrinz : not less than 20 kg but not more than 45 kg inclusive,
         —   Bergkase : not less than 20 kg but not more than 60 kg inclusive,
         —   Appenzell : not less than 6 kg but not more than 8 kg inclusive,
         —   Vacherin fribourgeois : not less than 6 kg but not more than 1 0 kg inclusive,
          —  Tete de moine : not less than 0-700 kg but not more than 4 kg inclusive.
     (b) 'Whole Cheddar cheeses' means :
         — whole cheeses of the conventional flat cylindrical shape of a net weight of not less than 33 kg but not more than 44 kg,
         — cheeses of the conventional flat cylindrical shape or cheeses in parallelepiped shape, of a net weight of 10 kg or more.
 (*) 'Free-at-frontier value' means : the free-at-frontier price or fob price in the country of exportation, plus a fixed amount to be
     determined in respect of the customs territory of the Community.
 (') This tariff subheading number shall be taken to apply only to goods, the packings of which bear at least the following particu­
     lars :
     — the name of the cheese,
     — the fat content by weight referred to dry matter,
     — the packer responsible,
     — the country of origin of the cheese.
 Q For the purposes of this subheading, the expression 'put up for retail sale shall be taken to apply to cheese put up in imme­
     diate packings of a net weight not exceeding 1 kg containing portions or slices of an individual net weight not exceeding
      100 g.
 (8) The value limits are adjusted automatically in line with the factors determining the price of Cheddar in the Community. This
     adjustment consists of an increase or reduction equal to any increase or reduction in the threshold price for Cheddar in the
     Community by 100 kg net weight.
 (9) The relevant Community provisions are applied to ensure that it is used for that particular purpose.
(10) For the purposes of tariff subheading ex 23.07 B 'milk products' means the products falling within tariff headings and sub­
     headings 04.01 , 04.02, 04.03, 04.04, 17.02 A and 21.07 F I.
(") 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) 7-25 ECU ; and
      c) 042 ECU .
(12) 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) 0-42 ECU.
03) The levy is limited to 9-07 ECU per 100 kg net weight.
(14) The levy on 100 kg net weight is limited to 6 % of the value for customs purposes.
(,s) The levy is limited to 75-33 ECU per 100 kg net weight for imports from Austria, Finland, Romania and Switzerland (Regula­
     tion (EEC) No 1054/68 as amended).
(16) The levy is limited to 99-51 ECU per 100 kg net weight for imports from Austria, Finland, Romania and Switzerland (Regula­
     tion (EEC) No 1054/68 as amended).
(17) The levy is limited to 63-24 ECU 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 1 7.02 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.
(") Within the tariff quotas referred to in Article 9 (2) of Regulation (EEC) No 2915/79 the levy on 100 kg net weight shall be
      equal to 12 09 ECU .
 NB : For the purposes of heading No 04.04, the exchange rate to be applied in converting into national currencies the ECU
        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 ECU and the exchange rates to be applied for the purposes of the common agricultural policy (OJ No 106,
        30 . 10 . 1962, p. 2553/62).