****

( 1 ) OJ NO C 4 , 7 . 1 . 1980 , P . 69 .

( 2 ) OPINION DELIVERED ON 24 AND 25 OCTOBER 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 142 , 30 . 5 . 1978 , P . 1 .

( 4 ) OJ NO L 263 , 19 . 10 . 1979 , P . 1 .

( 5 ) OJ NO L 151 , 30 . 6 . 1968 , P . 16 .

COUNCIL REGULATION ( EEC ) NO 114/80

OF 15 JANUARY 1980

AMENDING REGULATION ( EEC ) NO 1117/78 ON THE COMMON ORGANIZATION OF THE MARKET IN DRIED FODDER AND REGULATION ( EEC ) NO 827/68 ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS PROTEIN CONCENTRATES OBTAINED FROM LUCERNE JUICE AND GRASS JUICE ARE COVERED BY COUNCIL REGULATION ( EEC ) NO 1117/78 OF 22 MAY 1978 ON THE COMMON ORGANIZATION OF THE MARKET IN DRIED FODDER ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 2285/79 ( 4 ); WHEREAS THESE PRODUCTS FALL WITHIN SUBHEADING 23.07 C OF THE COMMON CUSTOMS TARIFF ; WHEREAS , IN VIEW OF THE EXPERIENCE GAINED , THESE PRODUCTS SHOULD BE CLASSIFIED UNDER SUBHEADING 23.06 B OF THE COMMON CUSTOMS TARIFF ; WHEREAS , IN CONSEQUENCE , REGULATION ( EEC ) NO 1117/78 SHOULD BE AMENDED ;

WHEREAS THE BY-PRODUCTS FROM MANUFACTURE OF THE SAID CONCENTRATES REPRESENT A NEW PRODUCT THE FEATURES OF WHICH MEAN THAT IT SHOULD BE CLASSIFIED WITHIN THE SAME TARIFF SUBHEADING AS PROTEIN CONCENTRATES ; WHEREAS , BECAUSE OF ITS USE , THIS PRODUCT MUST FALL WITHIN THE SCOPE OF REGULATION ( EEC ) NO 1117/78 ;

WHEREAS THE BY-PRODUCTS IN QUESTION ARE VERY SIMILAR IN COMPOSITION TO THE DEHYDRATED FODDER FALLING WITHIN SUBHEADING 12.10 B OF THE COMMON CUSTOMS TARIFF ; WHEREAS , THEREFORE , PENDING A COMMUNITY DECISION ON TARIFF CLASSIFICATION , SOME MEMBER STATES HAVE CLASSIFIED THE SAID PRODUCTS WITHIN THE ABOVEMENTIONED SUBHEADING AND ESTABLISHED THE CHECKS NECESSARY FOR GRANTING AID FOR THE SAID PRODUCTS ; WHEREAS , HOWEVER , SHORTLY BEFORE 1 APRIL 1979 , WHEN THE 1979/80 MARKETING YEAR COMMENCED , THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE DECIDED THAT THE SAID PRODUCTS SHOULD BE CLASSIFIED WITHIN SUBHEADING 23.06 ; WHEREAS PROVISION SHOULD , ACCORDINGLY , BE MADE FOR THIS REGULATION TO APPLY WITH EFFECT FROM 1 APRIL 1979 ;

WHEREAS THE ALTERATIONS REFERRED TO ABOVE INVOLVE AN ADAPTATION TO THE ANNEX TO COUNCIL REGULATION ( EEC ) NO 827/68 OF 28 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1117/78 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 1 ( C ) OF REGULATION ( EEC ) NO 1117/78 SHALL BE REPLACED BY THE FOLLOWING :

' ( C ) EX 23.06 B : - PROTEIN CONCENTRATES OB- TAINED FROM LUCERNE JUICE AND FROM GRASS JUICE ,

- DEHYDRATED PRODUCTS OB- TAINED EXCLUSIVELY FROM SOLID RESIDUE AND JUICE RESULTING FROM THE PREPARATION OF THE CONCENTRATES REFERRED TO IN THE FIRST INDENT . '

ARTICLE 2

THE ANNEX TO REGULATION ( EEC ) NO 827/68 SHALL BE AMENDED AS FOLLOWS :

1 . THE WORDING OF SUBHEADING 23.06 B SHALL BE REPLACED BY THE FOLLOWING TEXT :

' EX B . OTHER , EXCLUDING :

- PROTEIN CONCENTRATES OBTAINED FROM LUCERNE JUICE AND FROM GRASS JUICE ,

- DEHYDRATED PRODUCTS OBTAINED EXCLUSIVELY FROM SOLID RESIDUE AND JUICE RESULTING FROM THE PREPARATION OF THE CONCENTRATES REFERRED TO IN THE FIRST INDENT . '

2 . THE WORDING OF SUBHEADING 23.07 EX C SHALL BE REPLACED BY THE FOLLOWING :

' C . OTHER . '

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL BE APPLICABLE FROM 1 APRIL 1979 .

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

DONE AT BRUSSELS , 15 JANUARY 1980 .

FOR THE COUNCIL

THE PRESIDENT

G . ZAMBERLETTI