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COUNCIL REGULATION ( EEC ) NO 874/77

OF 26 APRIL 1977

AMENDING REGULATION ( EEC ) NO 823/68 AS REGARDS THE CONDITIONS FOR THE ENTRY OF CERTAIN CHEESES UNDER CERTAIN TARIFF HEADINGS AND REGULATION ( EEC ) NO 950/68 ON THE COMMON CUSTOMS TARIFF

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 559/76 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS ANNEX II TO COUNCIL REGULATION ( EEC ) NO 823/68 OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 561/76 ( 4 ) , LAYS DOWN CERTAIN CONDITIONS IN RESPECT OF THE ENTRY INTO THE COMMUNITY OF EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL CHEESES FALLING WITHIN SUBHEADING 04.04 A I AND CHEDDAR CHEESE FALLING WITHIN SUBHEADING 04.04 E I B ) AA ) OF THE COMMON CUSTOMS TARIFF ; WHEREAS THESE CONDITIONS INCLUDE OBSERVANCE OF THE FREE-AT-FRONTIER VALUES CORRESPONDING TO BINDING UNDER GATT ; WHEREAS THESE VALUES MUST BE ALIGNED , RESPECTIVELY , ON THE COMMUNITY TARGET PRICE FOR MILK AND THRESHOLD PRICE FOR GROUP 10 FIXED FOR THE 1977/1978 MILK YEAR ;

WHEREAS THE DESIGNATION OF " CHESTER " FALLING WITHIN SUBHEADING 04.04 E I B ) 1 OF THE COMMON CUSTOMS TARIFF MAY GIVE RISE TO DIFFICULTIES WHEN SIMILAR CHEESES ARE CLASSIFIED ; WHEREAS THAT DESIGNATION WHICH APPEARS IN THE DESCRIPTION OF GOODS IN THE AFORESAID SUBHEADING SHOULD THEREFORE BE DELETED ;

WHEREAS THE TARIFF NOMENCLATURE EMPLOYED IN ANNEX II TO REGULATION ( EEC ) NO 823/68 IS ALSO THAT OF THE COMMON CUSTOMS TARIFF ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE DESCRIPTIONS OF GOODS FALLING WITHIN SUBHEADINGS 04.04 A I AND 04.04 E I B ) 1 AA ) OF THE COMMON CUSTOMS TARIFF AND GIVEN IN ANNEX II TO REGULATION ( EEC ) NO 823/68 ARE HEREBY REPLACED BY THOSE GIVEN IN ANNEX I TO THIS REGULATION .

ARTICLE 2

THE COMMON CUSTOMS TARIFF ANNEXED TO REGULATION ( EEC ) NO 950/68 IS HEREBY AMENDED AS SHOWN IN ANNEX II TO THIS REGULATION .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 1 MAY 1977 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 26 APRIL 1977 .

FOR THE COUNCIL

THE PRESIDENT

J . SILKIN

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 9 .

( 3 ) OJ NO L 151 , 30 . 6 . 1968 , P . 3 .

( 4 ) OJ NO L 67 , 15 . 3 . 1976 , P . 11 .

ANNEX I

( APPLICABLE WITH EFFECT FROM 1 MAY 1977 )

CCT HEADING NO*DESCRIPTION OF GOODS*

04.04*CHEESE AND CURD : *

*A . EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL , NOT GRATED OR POWERED : *

*I . OF A MINIMUM FAT CONTENT OF 45 % BY WEIGHT , IN THE DRY MATTER , MATURED FOR AT LEAST THREE MONTHS ( 2 ) : *

*A ) WHOLE CHEESES ( 4 ) OF A FREE-AT-FRONTIER VALUE ( 5 ) PER 100 KG NET WEIGHT OF : *

*1 . 220,70 U.A . OR MORE , BUT LESS THAN 240,70 U.A .*

*2 . 240,70 U.A . OR MORE*

*B ) PIECES PACKED IN VACUUM OR IN INERT GAS : *

*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 ( 5 ) OF NOT LESS THAN 240,70 U.A . BUT LESS THAN 268,70 U.A . PER 100 KG NET WEIGHT*

*BB ) OF NOT LESS THAN 450 G AND OF A FREE-AT-FRONTIER VALUE ( 5 ) OF NOT LESS THAN 268,70 U.A . PER 100 KG NET WEIGHT*

*2 . OTHER , OF A NET WEIGHT OF NOT LESS THAN 75 G BUT NOT MORE THAN 250 G ( 6 ) AND OF A FREE-AT-FRONTIER VALUE ( 5 ) OF NOT LESS THAN 288,70 U.A . PER 100 KG NET WEIGHT*

*II . ( UNCHANGED ) *

*E . ( UNCHANGED ) *

*I . ( UNCHANGED ) *

*A ) ( UNCHANGED ) *

*B ) ( UNCHANGED ) *

*1 . CHEDDAR : *

*AA ) WHOLE CHEDDAR CHEESES ( 4 ) , MADE FROM UNPASTEURIZED MILK , OF A MINIMUM FAT CONTENT OF 50 % BY WEIGHT , IN THE DRY MATTER , MATURED FOR AT LEAST NINE MONTHS AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS THAN 213,20 U.A . PER 100 KG NET WEIGHT ( 2 )*

*BB ) ( UNCHANGED ) *

ANNEX II

IN CHAPTER 4 OF THE COMMON CUSTOMS TARIFF THE COLUMNS RELATING TO SUB-HEADINGS 04.04 A I AND 04.04 E I B ) 1 AA ) ARE AMENDED , WITH EFFECT FROM 1 MAY 1977 , TO READ AS FOLLOWS :

CCT HEADING NO*DESCRIPTION OF GOODS*RATE OF DUTY*

**AUTONOMOUS % OR LEVY ( L ) *CONVENTIONAL % *

1*2*3*4*

04.04*CHEESE AND CURD ( A ) : ***

*A . EMMENTALER , GRUYERE , SBRINZ , BERGKAESE AND APPENZELL , NOT GRATED OR POWDERED : ***

*I . OF A MINIMUM FAT CONTENT OF 45 % BY WEIGHT , IN THE DRY MATTER , MATURED FOR AT LEAST THREE MONTHS ( B ) : ***

*A ) WHOLE CHEESES OF A FREE-AT-FRONTIER VALUE PER 100 KG NET WEIGHT OF : ***

*1 . 220,70 U.A . OR MORE , BUT LESS THAN 240,70 U.A.*23 ( L ) * ( C ) *

*2 . 240,70 U.A . OR MORE*23 ( L ) * ( C ) *

*B ) PIECES PACKED IN VACUUM OR IN INERT GAS : ***

*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 240,70 U.A . BUT LESS THAN 268,70 U.A . PER 100 KG NET WEIGHT*23 ( L ) * ( C ) *

*BB ) OF NOT LESS THAN 450 G AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS THAN 268,70 U.A . PER 100 KG NET WEIGHT*23 ( L ) * ( C ) *

*2 . OTHERS OF A NET WEIGHT OF NOT LESS THAN 75 G BUT NOT MORE THAN 250 G AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS THAN 288,70 U.A . PER 100 KG NET WEIGHT*23 ( L ) * ( C ) *

*II . ( UNCHANGED ) ***

*E . ( UNCHANGED ) ***

*I . ( UNCHANGED ) ***

*A ) ( UNCHANGED ) ***

*B ) ( UNCHANGED ) ***

*1 . CHEDDAR : ***

*AA ) WHOLE 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 AND OF A FREE-AT-FRONTIER VALUE OF NOT LESS THAN 213,20 U.A . PER 100 KG NET WEIGHT ( B ) *23 ( L ) * - *

*BB ) ( UNCHANGED ) *23 ( L ) * -