CELEX: 31974R0872
Language: en
Date: 1974-04-11 00:00:00
Title: Regulation (EEC) No 872/74 of the Commission of 10 April 1974 fixing the import levies on milk and milk products

No L 101 /42                             Official Journal of the European Communities                               11 . 4 . 74
                               REGULATION ( EEC) No 872/74 OF THE COMMISSION
                                                        of 10 April 1974
                                   fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                      levies in respect of milk and milk products provides
COMMUNITIES ,                                                       that the component of the levy fixed by means of a
                                                                    coefficient expressing the weight ratio between the
                                                                    milk powder contained in the product and the
Having regard to the Treaty establishing the European
Economic Community ;
                                                                    product itself is, for the products falling within
                                                                    subheading No 04.02 Bib) listed in Annex II to
                                                                    Regulation (EEC) No 823/ 68 , calculated by multi­
Having regard to Council Regulation (EEC) No                        plying the basic amount by the quantity of milk
804/68 (') of 27 June 1968 on the common organiza­                  powder contained in the product ; whereas the same
tion of the market in milk and milk products, as last               applies to products falling within subheading No
amended by Regulation (EEC) No 662/74 (2 ), and in                  04.02 B II b) as regards the component of the levy
particular Article 14 (8 ) thereof ;                                fixed by means of a coefficient expressing the weight
                                                                    ratio between the milk components contained in the
                                                                    product and the product itself ;
Having regard to the Opinion of the Monetary
Committee ;
Whereas Article 14 of Regulation (EEC) No 804/68                    Whereas the basic amount must be equal to one
provides for charging a levy on imports of the                       hundredth part of the levy set out for each product in
products listed in Article 1 of that Regulation ;                    the second subparagraph of Article 9 (1 ) and the
whereas these products may be divided into groups ;                  second subparagraph of Article 9 (2) of Regulation
whereas the product groups and the pilot groups and                 ( EEC) No 1073 / 68 ;
the pilot product for each of these groups are set out
in Annex I to Council Regulation (EEC) No 823 / 68 (3)
of 28 June 1968 determining the groups of products
and the special provisions for calculating levies on                 Whereas for products belonging to Group No 11 ,
 milk and milk products, as last amended by Regula­                  originating in and exported from third countries, for
 tion (EEC) No 664/ 74 (4 ) ;                                        which it is found on importation into the Community
                                                                     that the rulling price is not less than 110 units of
                                                                     account per 100 kg in respect of the products falling
Whereas the levy on the products in any one group                    within subheading No 04.04 E I b) 2 and No 04.04 E
 must be equal to the threshold price for the pilot                  I b) 3 , or not less than 80 units of account per 100 kg
 product less the free-at-frontier price ; whereas these             in respect of the products falling within subheading
 threshold prices were fixed for the 1974/75 milk year               No 04.04 E I b) 4, the levy per 100 kg is equal :
 by Council Regulation (EEC) No 665/ 74 (5 ) of 28
 March 1 974 ;
                                                                     — to the threshold price less 110 units of account, if
 Whereas, however, Regulation (EEC) No 823 / 68 lays                     the product falls within subheading No 04.04 E I
 down special provisions for calculating the levy on                     b) 2 aa), 04.04 E I b) 3 or 04.04 E I b) 4 ;
 certain assimilated products ; whereas these products
 are listed and the method of calculating the levy on
 them described in Annex II and in Articles 2 to 7 of                — to the sum of the following components if the
 that Regulation respectively ; whereas this method                      product falls within subheading No 04.04 E I b) 2
 consists in adding together the various components                      bb) :
 defined in those Articles ;
 Whereas       Commission           Regulation (EEC) No                  (a) a component equal to the threshold price less
  1073/68 (6) of 24 July 1968 laying down detailed rules                       110 units of account ;
 for determined free-a-frontier prices and for fixing
                                                                          (b) a component equal to 20 units of account ;
  ') OJ  No L  148 , 28 . 6 . 1968 , p. 13 .
  2) OJ  No L  85 , 29 . 3 . 1974, p. 51 .
  3) OJ  No  L 151 , 30 . 6 . 1968 , p. 3 .
  4) OJ  No  L 85, 29 . 3 . 1974, p. 54.                              — to the threshold price less 95 units of account, if
  5) OJ  No  L 85 , 29 . 3 . 1974, p. 57.                                 the product falls within subheading Nos 04.04 E I
  6) OJ  No  L 180 , 26 . 7 . 1968 , p. 25 .                              b) 3 or 04.04 E I b) 4.
 ---pagebreak--- 11 . 4 . 74                       Official Journal of the European Communities                          No L 101 /43
Whereas, for as long as it is found that on importation      on its pilot product must be effected in such a way as
into the Community the price of an assimilated               to allow, in particular, for differences in composition,
product for which the levy is not equal to the levy on       maturity, quality and presentation between the assimi­
its pilot product is considerably lower than the price       lated product and the related pilot product ; whereas
which would obtain if the ratio to the price of the          adjustments relating to composition must be calcu­
pilot product were normal, the levy must be equal to         lated by multiplying the difference between the milk
the sum of two components :                                  component content of the pilot product and that of
                                                             the assimilated product in question by the value attri­
                                                             buted in international trade to one unit of weight of
— one component equal to the amount resulting
                                                             the milk component in question ; whereas the differ­
     from the provisions of Articles 2 to 7 of Regula­       ence between the value attributed on the Community
     tion ( EEC) No 823/68 applicable to the assimi­         market to each of the relevant characteristics of the
     lated product in question ;
                                                             pilot product and the value attributed on that market
— an additional component fixed at a level which,            to the corresponding characteristics of the assimilated
     the composition and quality of the assimilated          product in question must be taken into account when
     product being taken into account, makes it              the other adjustments are being effected ;
     possible to re-establish normal price ratios for
     imports into the Community ;
                                                             Whereas, if no information on prices is available , the
                                                             free-at-frontier price may, by way of exception, be
                                                             established on the basis of the value of the raw mate­
Whereas Article 14 (3) of Regulation (EEC) No 804/68
provides that the levy on products in respect of which       rials contained in the pilot product in question (calcu­
the customs duty has been bound within GATT must             lated on the basis of the prices of milk products for
be limited to the amount resulting from that binding ;       which prices are available), average processing costs
                                                             and average yields ;
Whereas Regulation (EEC) No 1073/68 provides that
a free-at-frontier price must be established for each of     Whereas, in exceptional circumstances, a free-at-
the pilot products defined in Annex I to Regulation          frontier price may remain unchanged for a limited
(EEC) No 823 /68 ; whereas these prices must be deter­       period where the new level of the price for a given
mined for products of good marketable quality ;              quality or a specific origin , used as a basis for estab­
                                                             lishing the previous free-at-frontier price, has not
                                                             reached the Commission to enable it to establish the
Whereas the free-at-frontier prices must be estab­           next free-at-frontier price and if the Commission
lished on the basis of the most favourable purchasing        considers that the prices which are available could
opportunities in international trade for the products        lead to sudden and considerable changes in the free-
listed in Article 1 (a) 2 and (b) to (g) of Regulation       at-frontier price because they are not sufficiently repre­
(EEC) No 804/68 other than assimilated products for          sentative of real market trends ;
which the levy is not equal to the levy on the related
pilot products ; whereas, when recording these
purchasing opportunities, the Commission must take           Whereas, in accordance with Article 19 (1 ) of Regula­
account of all information obtained direct or through        tion ( EEC) No 804/ 68 , the nomenclature provided for
the Member States concerning prices for delivery of          in this Regulation is incorporated in the Common
third-country products free-at-Community frontier            Customs Tariff ;
and prices on third-country markets ;
                                                             Whereas Article 8 of Regulation ( EEC) No 1073 / 68
Whereas , however, no account should be taken of             provides that the levies are fixed every fortnight ;
information relating to small quantities which are not       whereas they may be altered in the intervening period
representative of trade in the product in question and       if necessary ; whereas the levy remains valid until
quantities in respect of which price trends in general       another becomes applicable ;
or other information available to it lead the Commis­
sion to believe that the price in question is unrepre­
sentative of the real trend of the market ;
                                                             Whereas, if the levy system is to operate normally,
                                                              refunds should be calculated on the following basis :
Whereas the prices used must be adjusted where they
are not quoted free-at-Community-frontier or where           — in the case of currencies which are maintained in
they do not apply to products of good marketable                  relation to each other, at any given moment,
quality ; whereas the ajustment in respect of an assimi­          within a band of 2.25 % , at rate of exchange based
 lated product the levy on which is equal to the levy             on their effective parity ;
 ---pagebreak--- No L 101 /44                     Official Journal of the European Communities                              11 . 4 . 74
— for other currencies, an exchange rate based on the        HAS ADOPTED THIS REGULATION :
    arithmetic mean of the spot market rates of each                                Article 1
    of these currencies recorded for a given period, in
    relation to the Community currencies referred to         The levies referred to in Article 14 (1 ) of Regulation
    in the previous subparagraph ;                           (EEC) No 804/68 are hereby fixed as shown in the
                                                             Annex to this Regulation .
                                                                                    Article 2
Whereas it follows from applying all these provisions
that the levies on milk and milk products must be            This Regulation shall enter into force on 16 April
fixed as shown in the Annex to this Regulation ;              1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 April 1974.
                                                                       For the Commission
                                                                         P. J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- LI . 4 . 74                           Official Journal or the European Communities                   No L 101/45
                                                                ANNEX
                                      Tariff Nomenclature
                                                                                                        Levy
                                                                                                (in u.a. / 100 kg net
 CCT heading                                                                            Code
                                                                                              weight unless otherwise
       No                                      Description of goods                                  indicated)
04.01        Milk and cream , fresh , not concentrated or sweetened :
             A. Of a fat content, by weight, not exceeding 6 °/o :
                 I. Yoghourt, kephir, curdled milk, whey, buttermilk and other
                      fermented or acidified milk :
                      a) In immediate packings of a net capacity of 2 litres or less
                           less                                                         0110           12.84
                      b ) Other                                                         0120           10.84
                II . Other :
                      a) In immediate packings of a net capacity of ? litres or less
                           and of a fat content, by weight :
                           1 . Not exceeding 4 %                                        0130           10.84
                           2 . Exceeding 4 %>                                           0140           13.90
                       b ) Other, of a fat content, by weight :
                           1 . Not exceeding 4 %                                        0150              9.84
                           2 . Exceeding 4 %                                            0160            12.90
             B. Other, of a fat content, by weight :
                    I. Exceeding 6 % but not exceeding 21 */o                           0200            33.42
                  II. Exceeding 21 °/o but not exceeding 45 % '                         0300            70.69
                III. Exceeding 45 %>                                                    0400           109.25
04.02        Milk and cream , preserved, concentrated or sweetened    -.
             A. Not containing added sugar :
                    I. Whey                                                             0500              5.19
                  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 °/o                                  0620            26.00
                            2. Exceeding 1.5 % but not exceeding 27 %>                  0720            63.70
                            3 . Exceeding 27 % but not exceeding 29 °/o                 0820            65.70
                            4. Exceeding 29 °/o                                         0920            79.06
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 1.5 %                                     1020           20.00
                             2. Exceeding 1.5 %> but not exceeding 27 %                  1120           57.70
                             3 . Exceeding 27 °/o but not exceeding 29 °/o               1220           59.70
                             4. Exceeding 29 %                                           1320           73.06
                 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           16.09
                             2. Other                                                    1520           21.72
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 45 °/o                                    1620            70.69
                             2. Exceeding 45 °/t                                         1720          109.25
 ---pagebreak--- No L 101 /46                       Official Journal of the European Communities                        11 . 4. 74
                                    Tariff Nomenclature
                                                                                                    Levy
                                                                                            (in u.a. /100 kg net
                                                                                     Code
  CCT heading                                                                             weight unless otherwise
      No                                      Description of goods                               indicated)
04.02         B. Containing added sugar :
(cont'd)
                  I. Milk and cream, in powder or granules :
                     a) Special milk for infants (1), in hermetically sealed cans
                         of a net capacity of 500 g or less and of a fat content,
                         by weight (*) :
                         1.  Exceeding    10 °/o but not exceeding 11 %>             1810          29.00
                         2.  Exceeding    14.5 °/o but not exceeding 15.5 9/o        1910          33.00
                         3.  Exceeding    17 °/o but not exceeding 18 %              2010          3600
                         4.  Exceeding    23 °/o but not exceeding 24 °/o            2110          38.00
                     b) Other :
                         1 . In immediate packings of a net capacity of 2.5 kg or
                             less and of a fat content, by weight :
                             aa) Not exceeding 1.5 % (8)                             2220   per kg 0.2000 (9)
                             bb) Exceeding 1.5 % but not exceeding 27 % (■)          2320   per kg 0.5770 (9)
                             cc) Exceeding 27 % (*)                                  2420   per kg 0.7306 (9)
                         2. Other, of a fat content, by weight :
                             aa) Not exceeding 1.5 %> (')                            2520  per kg 0.2000 ( 10)
                             bb) Exceeding 1.5 %> but not exceeding 27 °/o (*)       2620  per kg 0.5770 ( 10)
                             cc) Exceeding 27 °/o (s)                                2720  per kg 0.7306 ( 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          30.67
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding 45 % (3)                                  2910  per kg 0.7069 (10)
                         2. Exceeding 45 % (•)                                       3010  per kg 1.0925 (10)
04.03         Butter :
              A. Of a fat content, by weight, not exceeding 85 %                     3110         128.53
              B. Other                                                               3210         156.81
04.04         Cheese and curd :
              A. Emmentaler, Gruyere, Sbrinz, Bergkäse and Appenzell, not
                 grated or powdered :
                  I. Of a minimum fat content of 45 % by weight, referred to
                     dry matter, matured for at least 3 months (z) :
                      a) Whole cheese (*) of a free-at-frontier value (8) per 100 kg
                         net weight of :
                         1 . 165.54 u.a. (a) or more but less than 185.54 u.a. (a)   3315          15.00
                         2 . 185.54 u.a . ( a) or more                               3414        112.75 («)
 ---pagebreak--- 11 . 4. 74                              Official Journal of the European Communities                            No L 101 /47
                                         Tariff Nomenclature
                                                                                                                  Levy
                                                                                                   Code
                                                                                                          (in u.a. /100 kg net
   CCT heading                                                                                          weight unless otherwise
       No                                        Description of goods                                          indicated)
04.04                   b ) Vacuum-packed pieces :
( 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 185.54 u.a . ( a ) or more
                                      but less than 213.54 u.a . ( a ) per 100 kg net weight      3515           1500
                                 bb ) Of 450 g or more and of a free-at-frontier value (5)
                                      of 213.54 u.a. ( a) or more per 100 kg net weight           3613        112.75 («)
                             2. Other, of a net weight of 75 g or more but not
                                 exceeding 250 g (6) and of a free-at-frontier value (s)
                                 of 233.54 u.a. ( a) or more per 100 kg net weight                3713        112.75 (")
                  II . Other                                                                      3800        112.75
               B. Glarus herb cheese (known as Schabziger) made from skimmed
                  milk and mixed with finely-ground herbs (*)                                     3900        108.16 (12)
               C. Blue-veined cheese, not grated or powdered                                      4000         63.55
               D. Processed cheese, not grated or powdered :
                   I. In the blending of which only Emmentaler, Gruyère and
                       Appenzell have been used and which may contain, as an
                       addition, Glarus herb cheese (known as Schabziger), put
                       up (in boxes or slices) for retail sale (7), of a free-at-
                        frontier value (5) of 140 u.a. or more per 100 kg net weight
                       and of a fat content, by weight, referred to dry matter (2) :
                        a) Not exceeding 48 °/o in respect of the aggregate of por­
                            tions or slices                                                      4111           30.00
                        b) Not exceeding 48 °/o in respect of 5/6 of the aggregate of
                            portions or slices and not exceeding 56 °/o in respect of
                            the remaining 1 /6                                                   4211           31.00
                       c) Exceeding 48 %> but not exceeding 56 °/o in respect of
                           the aggregate of portions or slices                                   4311           3500
                  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 %>                                               4410          92.38
                           2. Exceeding 48 °/o                                                   4510          97.81
                       b) Exceeding 36 %                                                         4610        177.81
               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        108.16
 ---pagebreak--- No L 101 /48                       Official Journal of the European Communities                        11 . 4. 74
                                    Tariff Nomenclature
                                                                                                   Levy
                                                                                   Code
                                                                                          ( in u.a. / 100 kg net
  OCT heading                                                                           weight unless otherwise
      No                                     Description of goods                               indicated)
04.04                 b) Exceeding 47 °/o but not exceeding 72 °/o :
(cont'd)
                         1 . Cheddar, including Chester                            4810         86.23
                         2. Tilsit and Butterkäse, of a fat content, by weight,
                             referred to the dry matter (l) :
                             aa ) Not exceeding 48 °/o                             4922         94.94 ( 13)
                             bb) Exceeding 48 %>                                   5022         94.94 (»)
                         3 . Kashkaval (*)                                         5030         94.94 ( 15 )
                         4. Cheese of sheep's milk or buffalo milk, in containers
                             holding brine, or in sheep- or goat-skin bottles (2)  5060         94.94 ( 15)
                         5. Other                                                  5120         94.94
                      c) Exceeding 72 %> :
                         1 . In immediate packings of a net capacity not exceeding
                             500 g                                                 5210         71.21
                         2 . Other                                                 5250        174.94
                 II . Not specified :
                      a) Grated or powdered                                        5310        108.16
                      b) Other                                                     5410       174.94
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 */o or more
                      by weight of the pure product (16)                           5500         16.42
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         16.42
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 Nos 17.02 B and 17.05 B, or milk prod­
                  ucts (8) :
                 I. Containing starch, or glucose or glucose syrup :
                      a) Containing no starch or containing 10 % or less by
                         weight of starch :
                         1
                         2
                         3. Containing 50 */o or more but less than 75 % by
                              weight of milk products                              5700          17.00
                         4. Containing 75 % or more by weight of milk products     5800         21.60
                      b) Containing more than 10 °/o but not more than 30 %
                         by weight of starch :
                          1
                         2
                         3. Containing 50 •/• or more by weight of milk products   5900         20.00
 ---pagebreak--- 11 . 4 . 74                                   Official Journal of the European Communities                                          No L 101 /49
                                               Tariff Nomenclature
                                                                                                                                       Levy
                                                                                                                               (in u.a. /100 kg net
                                                                                                                     Code
    CCT heading                                                                                                              weight unless otherwise
          No                                            Description of goods                                                        indicated)
23.07                           c) Containing more than 30 */o by weight of starch :
( cont'd )                         1
                                   2
                                   3. Containing 50 °/o or more by weight of milk products                           6000             16.00
                           II . Containing no starch, glucose or glucose syrup, but contain­
                                ing milk products                                                                    6100             21.60
 For notes (') to ('), see notes (') to (') of Council Regulation (EEC) No 823/68 (OJ No L 151 , 30. 6. 1968).
 (•) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
      a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product;
      b ) 6 u . a .; and
     c) 0 u.a .                                                                                                                       \
(") The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
      a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product; and
     b ) 0 u.a .
(") The levy is limited to 7.50 u.a . per 100 kg net weight.
 (") The levy is limited to 6 '/o of the value for customs purposes .
(13) The levy is limited to 49.05 u.a . per 100 kg net weight for imports from Austria , Finland, Rumania and Switzerland (Regulation (EEC) No
      1054/68 as amended).
( u) The levy is limited to 69.05 u.a . per 100 kg net weight for imports from Austria , Finland , Rumania and Switzerland (Regulation (EEC) No
      1054/68 as amended).
(u) The levy is limited to 49.05 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Rumania and Turkey (Regulation (EEC) No
      1054/68 as amended).
 (") Lactose and lactose syrup falling within subheading No 17.02 A I are, in pursuance of Regulation No 189/66/EEC, subject to the same
     levy as that applicable to lactose and lactose syrup falling within subheading No 17.02 A II .
      (•) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 11.80 u.a . per 100 kg net .