COMMISSION REGULATION (EEC) No 3813/90

of 19 December 1990

laying down the level of the accession compensatory amounts for milk and milk products applicable between the Community of Ten and Portugal and third countries

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3640/90 of 11 December 1990 laying down general rules for the system of accession compensatory amounts for milk and milk products during the second stage of the accession of Portugal (1), and in particular Article 6 thereof,

Whereas, pursuant to Article 310 (2) of the Act of Accession of Spain and Portugal, from the beginning of the second transitional stage, i. e. from 1 January 1991, the compensatory amounts applicable in trade between the Community of Ten and Portugal and between Portugal and third countries are equal to the difference between the common prices and the prices fixed in Portugal; whereas this price difference exists for skimmed-milk powder only; whereas, pursuant to Article 311 of the Act, the accession compensatory amounts should be fixed also for the other milk products taking into consideration only the non-fat content of the milk;

Whereas however such a fixation is not necessary for products derived exclusively from sheep and/or goats milk, taking into account the market prices for these products;

Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The accession compensatory amounts applicable in trade between the Community as constituted at 31 December 1985 and Portugal, and in trade between Portugal and third countries for the milk and milk products listed in the Annex hereto shall be as shown in the Annex.

However, no accession compensatory amount shall be granted in respect of milk products falling within CN codes 0401, 0402, 0403 and 0404 containing goat's or sheep's milk or cream.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1991.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 1990

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 362, 27. 12. 1990, p. 3.

ANNEX

Accession compensatory amounts applicable in trade between the Community of Ten and Portugal and between Portugal and third countries (Amounts to be charged on imports and granted on exports by Portugal unless otherwise indicated)

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NB: In the case of goat's and sheep's milk and cream and the products manufactured exclusively from these products:

- the analysis check shall be carried out by immunochemical and/or electrophoretic methods, supplemented as necessary by HPLC analyses,

-the party concerned shall be obliged, when completing the customs formalities, to state in the declaration provided for this purpose that the milk or cream in question consists solely of the product obtained exclusively from sheep or goats or, as appropriate, that the product in question was manufactured exclusively from sheep's or goat's milk.