****

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

( 2 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 3 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 4 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 .

( 5 ) OJ NO L 52 , 24 . 2 . 1977 , P . 19 .

( 6 ) OJ NO L 277 , 29 . 10 . 1977 , P . 35 .

( 7 ) OJ NO L 58 , 3 . 3 . 1977 , P . 16 .

( 8 ) OJ NO L 110 , 30 . 4 . 1977 , P . 6 .

( 9 ) OJ NO L 317 , 12 . 12 . 1977 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2772/77

OF 14 DECEMBER 1977

AMENDING REGULATIONS ( EEC ) NO 368/77 , ( EEC ) NO 443/77 AND ( EEC ) NO 938/77 AS REGARDS THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS TO CERTAIN PRODUCTS CONTAINING DENATURED MILK POWDER

THE COMMISSION 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 2560/77 ( 2 ), AND IN PARTICULAR ARTICLE 7 ( 5 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 4 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

WHEREAS ARTICLE 19 OF COMMISSION REGULATION ( EEC ) NO 368/77 OF 23 FEBRUARY 1977 ON THE SALE BY TENDER OF SKIMMED-MILK POWDER FOR USE IN FEED FOR PIGS AND POULTRY ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2378/77 ( 6 ), PROVIDES THAT A COEFFICIENT IS TO APPLY TO THE COMPENSATORY AMOUNTS FIXED FOR CERTAIN PRODUCTS CONTAINING DENATURED MILK POWDER ; WHEREAS , PURSUANT TO ARTICLE 9 ( C ) OF COMMISSION REGULATION ( EEC ) NO 443/77 OF 2 MARCH 1977 ON THE SALE AT A FIXED PRICE OF SKIMMED-MILK POWDER FOR USE IN FEED FOR PIGS AND POULTRY AND AMENDING REGULATIONS ( EEC ) NO 1687/76 AND ( EEC ) NO 368/77 ( 7 ), THAT PROVISION APPLIES ALSO TO PRODUCTS DENATURED UNDER THE SAID REGULATION ( EEC ) NO 443/77 ; WHEREAS THE DENATURED PRODUCTS IN QUESTION FALL WITHIN SUBHEADING 23.07 B OF THE COMMON CUSTOMS TARIFF ; WHEREAS , FOR REASONS OF CLARITY , ARTICLE 19 OF REGULATION ( EEC ) NO 368/77 SHOULD STATE EXPRESSLY THAT THE REFERENCE TO SUBHEADING 04.02 A II B ) 1 APPLIES ONLY TO SKIMMED-MILK POWDER IN ITS NATURAL STATE ;

WHEREAS THIS AMENDMENT SHOULD BE TAKEN INTO ACCOUNT IN NOTE ( 2 ) TO PART 5 OF ANNEX I TO COMMISSION REGULATION ( EEC ) NO 938/77 OF 29 APRIL 1977 FIXING THE MONETARY COMPENSATORY AMOUNTS AND CERTAIN RATES FOR THEIR APPLICATION ( 8 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2730/77 ( 9 );

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 19 OF REGULATION ( EEC ) NO 368/77 IS HEREBY AMENDED TO READ AS FOLLOWS :

' ARTICLE 19

1 . THE AID PROVIDED FOR IN ARTICLE 10 OF REGULATION ( EEC ) NO 804/68 SHALL NOT BE GRANTED TO SKIMMED-MILK POWDER SOLD UNDER THIS REGULATION .

2 . IN THE CASE OF SKIMMED-MILK POWDER SOLD UNDER THIS REGULATION AND :

- DISPATCHED TO ANOTHER MEMBER STATE IN ITS NATURAL STATE , THE MONETARY COMPENSATORY AMOUNT FIXED PURSUANT TO REGULATION ( EEC ) NO 974/71 SHALL , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING 04.02 A II B ) 1 OF THE COMMON CUSTOMS TARIFF , BE MULTIPLIED BY 0.15 ,

- DISPATCHED TO ANOTHER MEMBER STATE OR EXPORTED TO NON-MEMBER COUNTRIES EITHER AFTER DENATURING OR AFTER INCORPORATION IN COMPOUND FEEDINGSTUFFS , THE MONETARY COMPENSATORY AMOUNTS FIXED PURSUANT TO REGULATION ( EEC ) NO 974/71 SHALL , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADINGS :

- 23.07 B I A ) 3 ,

- 23.07 B I A ) 4 ,

- 23.07 B I B ) 3 ,

- 23.07 B I C ) 3 ,

- 23.07 B II ,

OF THE COMMON CUSTOMS TARIFF , BE MULTIPLIED BY 0.25 . '

ARTICLE 2

THE THIRD PARAGRAPH OF NOTE ( 2 ) TO PART 5 OF ANNEX I TO REGULATION ( EEC ) NO 938/77 IS HEREBY AMENDED TO READ AS FOLLOWS :

' IN THE CASE OF SKIMMED-MILK POWDER SOLD UNDER REGULATION ( EEC ) NO 368/77 ( OJ NO L 52 , 24 . 2 . 1977 ) AND REGULATION ( EEC ) NO 443/77 ( OJ NO L 58 , 3 . 3 . 1977 ) AND DISPATCHED IN ITS NATURAL STATE TO ANOTHER MEMBER STATE , THE AMOUNT INDICATED SHALL BE MULTIPLIED BY THE COEFFICIENT 0.15 . '

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1978 .

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

DONE AT BRUSSELS , 14 DECEMBER 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT