CELEX: 31975R0829
Language: en
Date: 1975-03-28 00:00:00
Title: Regulation (EEC) No 829/75 of the Commission of 26 March 1975 fixing the import levies on milk and milk products

28 . 3 . 75                                Official Journal of the European Communities                           No L 79 / 31
                               REGULATION ( EEC) No 829/75 OF THE COMMISSION
                                                          of 26 March 1975
                                    fixing the import levies on milk and milk products
THE COMMISSION OF THE EUROPEAN                                        tion ( EEC) No 823/68 , calculated by multiplying the
COMMUNITIES,                                                          basic amount by the quantity of milk powder
                                                                      contained in the product ; whereas the same applies to
Having regard to the Treaty establishing the European                 products falling within , subheading 04.02 B II b) as
Economic Community ;                                                  regards the component of the levy fixed by means of a
Having regard to Council Regulation ( EEC) No                         coefficient expressing the weight ratio between the
804/68 (') of 27 June 1968 on the common organiza­                    milk components contained in the product and the
tion of the market in milk and milk products, as last                 product itself ;
amended by Regulation (EEC) No 740/75 (2), and in
particular Article 14(8) thereof ;                                    Whereas the basic amount must be equal to one
Having regard . to the Opinion of the Monetary                        hundredth part of the levy set out for each product in
Committee ;                                                           the second subparagraph of Article 9(1 ) and the
                                                                      second subparagraph of Article 9 (2) of Regulation
Whereas Article 14 of Regulation ( EEC) No 804/68                     ( EEC) No 1073/68 ;
provides for charging a levy on imports of the
products listed in Article 1 of that Regulation ;
                                                                      Whereas for products belonging to Group No 11 ,
whereas these products may be divided into groups ;
                                                                      originating in and exported from third countries, for
whereas the product groups and the pilot groups and                   which it is found on importation into the Community
the pilot product for each of these groups are set out
                                                                      that the ruling price is not less than 130 units of
in Annex I to Council Regulation ( EEC) No 823/68 (3)
                                                                      account per 100 kg in respect of the products falling
of 28 June 1968 determining the groups' of products
                                                                      within subheadings 04.04 E I b) 2 and 04.04 E I b) 3 ,
and the special provisions for calculating levies on
                                                                      or not less than 115 units of account per 100 kg in
milk and milk products, as last amended by Regula­
                                                                      respect of the products falling within subheading
tion ( EEC) No 823/75 (■») ;
                                                                      04.04 E I b) 4, the levy per 100 kg is defined in
Whereas the levy on the products in any one group                     Article 8 of Regulation (EEC) No 823/68 ;
must be equal to the threshold price for the pilot
product less the free-at-frontier price ; whereas these               Whereas, for as long as it is found that on importation
threshold prices were fixed for the 1975/76 milk year                  into the Community the price of an assimilated
by Council Regulation ( EEC) No 468 /75 (5 ) of 27                     product for which the levy is not equal to the levy on
 February 1 975 ;                                                      its pilot product is considerably lower than the price
Whereas, however, Regulation (EEC) No 823/68 lays                     which would obtain if the ratio to the price of the
down special provisions for calculating the levy on                    pilot product were normal , the levy must be equal to
certain assimilated products ; whereas these products                  the sum of two components :
are listed and the method of calculating the levy on
them described in Annex II and in Articles 2 to 7 of                  — one component equal to the amount resulting
that Regulation respectively ; whereas this method                         from the provisions of Articles 2 to 7 of Regula­
consists in adding together the various components                         tion ( EEC) No 823/68 applicable to the assimi­
defined in those Articles ;                                                lated product in question ;
Whereas Commission                  Regulation ( EEC) No               — an additional component fixed at a level which ,
  1073/68 (6) of 24 July 1968 laying down detailed rules                   the composition and quality of the assimilated
 for determined free-a-frontier prices and for fixing                      product being taken into account, makes it
 levies in respect of milk and milk products provides                      possible to re-establish normal price ratios for
 that the component of the levy fixed by means of a                        imports into the Community ;
 coefficient expressing the weight ratio between the
 milk powder contained in the product and the                          Whereas Article 14(3) of Regulation ( EEC) No 804/68
 product itself is, for the products falling within                    provides that the levy on products in respect of which
 subheading 04.02 13 I b) listed in Annex II to Regula­                the customs duty has been bound within GATT must
                                                                       be limited to the amount resulting from that binding ;
 (')  OJ  No L 148 , 28 . 6. 1968 , p. 13 .
 (-') OJ  No L 74, 22. 3. 1975, p. 1 .
 (3 ) OJ  No L 151 , 30 . 6 . 1968 , p. 3 .
 (4 ) Sec page 3 of this Official Journal .                            Whereas Regulation (EEC) No 1073/68 provides that
 (5 ) OJ  No L 52, 28 . 2. 1975, p. 16 .                               a free-at-frontier price must be established for each of
 (")  OJ  No L 1 80, 26. 7. 1968 , p. 25.                              the pilot products defined in Annex I to Regulation
 ---pagebreak---  No L 79 / 32                       Official Journal of the European Communities                              28 . 3 . 75
( EEC) No 823/68 ; whereas these prices must be deter­        Whereas, in exceptional circumstances, a free-at­
 mined for products of good marketable quality ;               frontier price may remain unchanged for a limited
                                                               period where the new level of the price for a given
                                                              quality or a specific origin , used as a basis for estab­
                                                               lishing the previous free-at-frontier price, has not
Whereas the free-at-frontier prices must be estab­             reached the Commission to enable it to establish the
lished on the basis of the most favourable purchasing          next free-at-frontier price and if the Commission
opportunities in international trade for the products         considers that the prices which are available could
listed in Article 1 (a) 2 and (b) to (g) of Regulation        lead to sudden and considerable changes in the free­
( EEC) No 804/68 other than assimilated products for          at-frontier price because they are not sufficiently repre­
which the levy is not equal to the levy on the related        sentative of real market trends ;
pilot products ; whereas, when recording these
purchasing opportunities, the Commission must take            Whereas, in accordance with Article 19(1 ) of Regula­
account of all information obtained direct or through         tion (EEC) No 804/68 , the nomenclature provided for
the Member States concerning prices for delivery of            in this Regulation is incorporated in the Common
third-country products free-at-Community frontier             Customs Tariff ;
and prices on third-country markets ;
                                                              Whereas Article 8 of Regulation (EEC) No 1073/68
                                                              provides that the levies are fixed every fortnight ;
                                                              whereas they may be altered in the intervening period
Whereas, however, no account should be taken of
                                                              if necessary ; whereas the levy remains valid until
information relating to small quantities which are not        another becomes applicable ;
representative of trade in the product in question and
quantities in respect of which price trends in general
or other information available to it lead the Commis­         Whereas, if the levy system is to operate normally,
sion to believe that the price in question is unrepre­        refunds should be calculated on the following basis :
sentative of the real trend of the market ;
                                                              — in the case of currencies which are maintained in
                                                                   relation to each other, at any given moment,
                                                                   within a band of 2-25 % , at rate of exchange based
Whereas the prices used must be adjusted where they                on their effective parity ;
are not quoted free-at-Community-frontier or where            — for other currencies, an exchange rate based on the
they do not apply to products of good marketable                   arithmetic mean of the spot market rates of each
quality ; whereas the ajustment in respect of an assimi­           of these currencies recorded for a given period , in
lated product the levy on which is equal to the levy               relation to the Community currencies referred to
on its pilot product must be effected in such a way as             in the previous subparagraph ;
to allow, in particular, for differences in composition ,
maturity, quality and presentation between the assimi­
lated product and the related pilot product ; whereas         Whereas it follows from applying all these provisions
adjustments relating to composition must be calcu­            that the levies on milk and milk products must be
lated by multiplying the difference between the milk          fixed as shown in the' Annex to this Regulation ;
component content of the pilot product and that of
the assimilated product in question by the value attri­
buted in international trade to one unit of weight of
the milk component in question ; whereas the differ­
                                                              HAS ADOPTED THIS REGULATION :
ence between the value attributed on the Community
market to each of the relevant characteristics of the
pilot product and the value attributed on that market
to the corresponding characteristics of the assimilated                                Article 1
product in question must be taken into account when
the other adjustments are being effected ;
                                                              The levies referred to in Article 14(1 ) of Regulation
                                                              (EEC) No 804/ 68 are hereby fixed as shown in the
                                                              Annex to this Regulation .
Whereas, if no information on prices is available, the
free-at-frontier price may, by way of exception , be
established on the basis of the value of the raw mate­
                                                                                      Article 2
rials contained in the pilot product in question (calcu­
lated on the basis of the prices of milk products for
which prices are available), average processing costs         This Regulation shall enter into force on 1 April
and average yields ;                                           1 975 .
 ---pagebreak--- 28 . 3 . 7.5                    Official Journal of the European Communities                        No L 79/33
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 March 1975.
                                                                    For the Commission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- No L 79/34                           Official Journal of the European Communities                       28 . 3 . 75
                                                             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 0110            16.19
                     b) Other                                                       0120            14.19
                II . Other :
                     a) In immediate packings of a net capacity of 2 litres or less
                         and of a fat content, by weight :
                         1 . Not exceeding %                                        0130            14.19
                         2. Exceeding %                                             0140            17-82
                     b) Other, of a fat content, by weight :
                         1 . Not exceeding %                                        0150            13-19
                        2. Exceeding 4 °/o                                          0160            16-82
             B. Other, of a fat content, by weight :
                  1. Exceeding % but not exceeding %                                0200            39.73
                 II. Exceeding 21 °/o but not exceeding %                           0300            84.04
                III. Exceeding 45 %                                                 0400          129.88
04.02        Milk and cream, preserved, concentrated or sweetened :
             A. Not containing added sugar :
                  I. Whey                                                           0500            11-48
                 II. Milk and cream, in powder or granules :
                      a) In immediate packings of a net capacity of 2.5 kg or
                          less and of a fat content, by weight :
                          1 . Not exceeding %                                       0620            51-47
                         2. Exceeding 1.5 °/o but not exceeding 27 °/o              0720            79.64
                         3 . Exceeding 27 °/o but not exceeding %                   0820            81-64
                         4. Exceeding 29 %                                          0920            93.18
                      b) Other, of a fat content, by weight :
                          1 . Not exceeding 1.5 °/o                                 1020            45-47
                         2. Exceeding % but not exceeding %                         1120            73-64
                         3 . Exceeding 27 °/o but not exceeding %                   1220            75.64
                         4 . Exceeding 29 °/»                                       1320            87.18
                III. Milk and cream, other than in powder or granules :
                      a) In hermetically sealed cans of a net capacity of 454 g or
                         less, or in glass containers of a capacity of 0.5 litre
                          or less and of a fat content, by weight, of % or less :
                          1 . Of a fat content, by weight, of 8.9 °/o or less       1420            12.19
                         2 . Other                                                  1520            16-46
                     b) Other, of a fat content, by weight :
                                                                                    1620            84-04
                          1 . Not exceeding 45 %
                         2. Exceeding 45 °/o                                        1720          129-88
 ---pagebreak--- 28 . 3 . 75                      Official Journal of the European Communities                       No L 79/35
                                 Tariff Nomenclature
                                                                                                    Levy
                                                                                     Code
                                                                                             (in u.a./100 kg net
 CCT heading                                                                              weight unless otherwise
      No                                  Description of goods                                    indicated)
04.02        B. Containing added sugar :
(cont'd)
                                                                                   -
                 I. Milk and cream, in powder or granules :
                    a) Special milk for infants (*), in hermetically sealed cans
                       of a net capacity of 500 g or less and of a fat content,
                       by weight (2) :
                       1.  Exceeding   10 % but not exceeding 11 %                   1810           29.00
\                      2.  Exceeding   % but not exceeding %                         1910           33-00
                       3.  Exceeding   17 °/o but not exceeding %                    2010           36.00
                       4.  Exceeding   % 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 % (3)                                   2220   per kg 0-4547 (9)
                           bb) Exceeding % but not exceeding % (3)                   2320   per kg 0.7364 (9)
                           cc) Exceeding % (3)                                       2420   per kg 0-8718 (9)
                       2. Other, of a fat content, by weight :
                            aa) Not exceeding 1.5 % (3)                              2520   per kg 0-4547 (10)
                           bb) Exceeding % but not exceeding 27 °/o (3)              2620   per kg 0.7364 (10)
                           cc) Exceeding % (3)                                       2720   per kg 0-8718 (10)
                II. Milk and cream, other than in powder or granules :             I
l                   a) In hermetically sealed cans of a net capacity of 454 g or
                       less and of a fat content, by weight, not exceeding 9.5 °/o   2810           22.74
                    b) Other, of a fat content, by weight :                        I                             r
                       1 . Not exceeding 45 % (3)                                    2910   per kg 0-8404 (10)
                       2. Exceeding % (3)                                            3010 • per kg 1.2988 (10)
04.03        Butter :
                                                                                   I
             A. Of a fat content, by weight, not exceeding %                         3110          152.80
             B. Other                                                                3210          186-42
04.04        Cheese and curd :
             A. Emmentaler, Gruyere, Sbrinz, Bergkase and Appenzell, not
                grated or powdered :
                 I. Of a minimum fat content of % by weight, referred to
                    dry matter, matured for at least 3 months (2) :
                    a) Whole cheese (4) of a free-at-frontier value (5) per 100 kg
                       net weight of :
                       1 . 186.68 u.a. (a) or more but less than 206-68 u.a. ( a)    3317           15-00
                       2. 206-68 u.a . ( a ) or more                                 3416          120-52 («)
 ---pagebreak--- No L 79/36                          Official Journal of the European Communities                             28 . 3 . 75
                                    Tariff Nomenclature
                                                                                                          Levy
                                                                                                 (in u.a . /100 kg net
                                                                                         Code
 CCT heading                                                                                   weight unless otherwise
      No                                    Description of goods                                      indicated)
04.04                b) Pieces packed in vacuum or in inert gas :
(cont'd)
                        1 . With rind on at least one side, of a net weight :
                              aa) Of 1 kg or more but less than 5 kg and of a
                                  free-at-frontier value (5) of 206*68 u.a. (a) or more,
                                  but less than 234.68 u.a. (a) per 100 kg net weight    3517            15.00
                              bb) Of 450 g or more and of a free-at-frontier value (5)
                                  of 234.68 u.a. (a) or more per 100 kg net weight       3615          120-52 (»)
                        2. Other, of a net weight of 75 g or more but not
                              exceeding 250 g (6) and of a free-at-frontier value (5)
                              of 254.68 u.a. (a) or more per 100 kg net weight           3715          120-52 (")
                II. Other                                                                3800          120.52
             B. Glarus herb cheese (known as Schabziger) made from skimmed
                milk and mixed with finely-ground herbs (2)                              3900          117.00 ( 12)
             C. Blue-veined cheese, not grated or powdered                               4000            85-42
l            D. Processed cheese, not grated or powdered :
                 I. In the blending of which only Emmentaler, Gruyere and
                     Appenzell have been used and which may contain, as an
                     addition, Glarus herb cheese (known as Schabziger), put
                     up (in boxes or slices) for retail sale (7), of a free-at­
                     frontier value (5) of 140 u.a. or more per 100 kg net weight
                     and of a fat content, by weight, referred to dry matter (2) :
                     a) Not exceeding % 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 % in respect of
                         the remaining 1/6                                               4211            31.00
                     c) Exceeding % but not exceeding 56 % in respect of
                         the aggregate of portions or slices                              4311            35-00
                 II. Other, of a fat content, by weight :                                      I
                     a) Not exceeding 36 °/o and of a fat content, by weight,
                          referred to dry matter :                                             I
                          1 . Not exceeding %                                             4410            98.80
                         2. Exceeding %                                                   4510          107-54
                     b) Exceeding 36 %                                                    4610          187-54
             E. Other :
                                                                                               I
                  I. Not grated or powdered, of a fat content, by weight, not
                      exceeding % and a water content, calculated by weight,
                      of the non-fatty matter :
                      a) Not exceeding %                                                  4710
                                                                                               \        117.00
 ---pagebreak--- 28 . 3 . 75                         Official Journal of the European Communities                     No L 79 37
                                    Tariff Nomenclature
                                                                                                      Levy
                                                                                              (in u.a . /100 kg net
                                                                                      Code
  CCT heading                                                                               weight unless otherwise
       No                                    Description of goods                                  indicated)
04.04                 b) Exceeding % but not exceeding 72 % :
(cont'd)
                          1 . Cheddar, including Chester :
                              aa) Whole Cheddar cheeses (4) made from unpasteuri­
                                  zed milk, of a minimum fat content of 50 % by
                                  weight, in the dry matter, matured for a least nine
                                  months and of a free-at-frontier value of not less
                                  than 186.20 u.a. per 100 kg net weight (2)          4830           15.00
l                             bb) Other                                               4850          123.26
                         2. Tilsit and Butterkase, of a fat content, by weight,
                              referred to the dry matter (2) :
                              aa) Not exceeding 48 °/o                                4922          101-45 ( 13)
                              bb) Exceeding 48 %                                      5022          101-45 (")
                         3. Kashkaval (2)                                             5030          101.45 (1S)
                          4. Cheese of sheep's milk or buffalo milk in containers
                              holding brine, or in sheep- or goat-skin bottles (2)    5060          101.45 ( 1S)
                         5 . Other                                                    5120          101-45
                      c) Exceeding 72 % :
                          1 . In immediate packings of a net capacity not exceeding
                              500 g                                                   5210           76.09
l                         2. Other                                                    5250
                                                                                               '
                                                                                                    181-45
                 II. Not specified :
                                                                                      5310          117.00
                      a) ^ Grated or powdered
I                     b) Other                                                        5410          181-45
17.02         Other sugars ; sugar syrups ; artificial honey (whether or not mixed
              with natural honey) ; caramel :
              A. Lactose and lactose syrup :
                 II. Other than that containing, in the dry state, 99 °/o or more
                      by weight of the pure product (18)                               5500            15.25
 17.05        Flavoured or coloured sugars, syrups and molasses, but not includ­
              ing fruit juices containing added sugar in any proportion :
l             A. Lactose and lactose syrup                                             5600            15-25
 23.07        Sweetened forage ; other preparations of a kind used in animal
              feeding :
              B. Other, containing starch or glucose or glucose syrup falling
                  within subheadings 17.02 B and 17.05 B, or milk prod­
                  ucts (8) :
                   I. Containing starch, or glucose or glucose syrup :
                      a) Containing no starch or containing % or less by
                           weight of starch :
                           1
                           2
                           3. Containing 50 % or more but less than 75 % by weight
                               of milk products                                        5700            36.10
                           4. Containing 75 % or more by weight of milk products       5800            46-56
 ---pagebreak---  No L 79/38                                   Official Journal of the European Communities                                              28 . 3 . 75
                                              Tariff Nomenclature
                                                                                                                                    Levy
                                                                                                                           (in u.a . / 100 kg net
                                                                                                                   Code
    CCT heading                                                                                                         weight unless otherwise
         No                                           Description of goods                                                      indicated)
 23.07                         b) Containing more than 10 % but not more than 30 °/o by
 (cont'd)                         weight of starch :
                                   1
                                  2
                                  3. Containing 50 % or more by weight of milk products                           5900            43.33
                               c) Containing more than % by weight of starch :
                                  1
                                  2
                                  3 . Containing 50 % or more by weight of milk products                          6000            35-12
                          II. Containing no starch, glucose or glucose syrup, but contain­
                               ing milk products                                                                  6100            46-56
For notes (') to ('), see notes (') to (8) of Council Regulation (EEC) No 823/68 (OJ No L 151 , 30. 6. 1968).
(•) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
     a) the amount per kg shown, multiplied by the weight of milk and cream contained in 100 kg of product;
     b) 6 u.a .; and
     c) 0 u.a .
(M) The levy on 100 kg of product falling within this subheading is equal to the sum of the following components :
     a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product; and
     b) 0 u.a .
(") The levy is limited to 7.50 u.a . per 100 kg net weight .
(") The levy is limited to 6 % of the value for customs purposes .
(") The levy is limited to 43.80 u.a. per 100 kg net weight for imports from Austria , Finland, Rumania and Switzerland (Regulation (EEC) No
     1054/68 as amended).
(14) The levy is limited to 63.80 u.a . per 100 kg net weight for imports from Austria, Finland, Rumania and Switzerland (Regulation (EEC) No
     1054/68 as amended).
(">) The levy is limited to 43.80 u.a . per 100 kg net weight for imports from Bulgaria , Hungary, Rumania and Turkey (Regulation (EEC) No
     1054/68 as amended).
(") Lactose and lactose syrup falling within subheading 17.02 A I are, in pursuance of Regulation No 189/66/EEC, subject to the same levy
     as that applicable to lactose and lactose syrup falling within subheading 17.02 A II.
(a) For imports into the United Kingdom , this free-at-frontier value shall be reduced by 7.11 u.a . per 100 kg net.
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).