CELEX: 51986PC0020(42)
Language: en
Date: 1986-02-11
Title: PROPOSAL FOR A COUNCIL REGULATION AMENDING REGULATION ( EEC ) NO 866/84 LAYING DOWN SPECIAL MEASURES CONCERNING THE EXCLUSION OF MILK PRODUCTS FROM INWARD PROCESSING ARRANGEMENTS AND FROM CERTAIN USUAL FORMS OF HANDLING

14. 4. 86                                 Official Journal of the European Communities                                    No C 85/73
whereas Italy offers potential outlets which may not be              Article 30 of Regulation (EEC) No 804/68. These rules shall
satisfied because of the lack of stocks in that Member State;        specify inter alia the intervention agencies which shall make
whereas the transfer of butter to the Italian intervention           the butter available, the transport arrangements and the
agency from those of the other Member States should                  terms of sale referred to in paragraph 2.
therefore be authorized;
Whereas provision should be made for this operation to be                                          Article 2
taken into account in accordance with the arrangements
                                                                      1.     The intervention agencies holding the product referred
provided for in Council Regulation (EEC) No 1883/78 of
                                                                      to in Article 1 shall enter the quantities of butter transferred
2 August 1978 laying down general rules for the financing of
                                                                      as a zero debit in the account referred to in Article 4 of
interventions by the European Agricultural Guidance and
                                                                      Regulation (EEC) No 1883/78.
Guarantee Fund, Guarantee Section (*), as last amended by
Regulation (EEC) No 1716/84 ( 2 ),                                    2.     The Italian intervention agency shall enter the
                                                                      quantities of butter of which it has taken delivery as a zero
                                                                      credit in the account referred to in paragraph 1 and shall
HAS ADOPTED THIS REGULATION:                                          value them at the end of each month at the price fixed
                                                                      pursuant to Article 8 of Regulation (EEC) No 1883/78 for
                            Article 1                                 stocks carried forward to the financial year in question.
                                                                      3.     The cost of transporting the quantities of butter
1.      A quantity of 20 000 tonnes of butter held by the             referred to in Article 1 shall be entered in the account referred
intervention agencies of Member States other than Italy shall
                                                                      to in paragraph 1.
be made available to the Italian intervention agency.
2.      The Italian intervention agency shall take over the                                         Article 3
butter before 1 April 1987 and shall sell it on the terms laid
down by the Commission.                                               This Regulation shall enter into force on the third day
                                                                      following its publication in the Official Journal of the
3.      Rules for the application of this Article shall be            European Communities.
 adopted in accordance with the procedure laid down in
 (») OJ No L 216, 5. 8. 1978, p. 1.                                   This Regulation shall be binding in its entirety and directly
 (2) OJ No L 163, 21. 6. 1984, p. 1.                                  applicable in all Member States.
               Proposal for a Council Regulation amending Regulation (EEC) No 866/84 laying down special
               measures concerning the exclusion of milk products from inward processing arrangements and from
                                                 . certain usual forms of handling
                                                          COM(86) 20 final
                               (Submitted by the Commission to the Council on 14 February 1986)
                                                            (86/C 85/42)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas Council Regulation (EEC) No 866/84 (2), as
                                                                       amended by Regulation (EEC) No 1686/84 ( 3 ), excluded
                                                                       milk products, except whey, from inward processing
  Having regard to the Treaty establishing the European
                                                                       arrangements for a two-year period ending on 7 April 1986;
  Economic Community,
                                                                       whereas as this period ends the reasons for the Council's
                                                                       adoption of the exclusion measures remain valid and
  Having regard to Council Regulation (EEC) No 804/68 of               necessitate its continuation for the period of imposition of the
  27 June 1968 on the common organization of the market in             additional levy in the milk and milk products sector, also
  milk and milk products (*), as last amended by Regulation            introduced to help bring production under control;
  (EEC) No        , and in particular Articles 12 (2) and 18(1)
  thereof,
                                                                       Whereas since cheese and casein production have increased
                                                                       in the Community the derogation from the exclusion from
  Having regard to the proposal from the Commission,
                                                                       (2) O J N o L 9 0 , 1.4. 1984, p. 27.
  (») OJ No L 148, 28. 6. 1968, p. 13.                                 (3) OJ No L 159, 14. 6. 1984, p. 50.
 ---pagebreak--- No C 85/74                                 Official Journal of the European Communities                                  14. 4. 86
inward processing arrangements granted for whey can no                    Member State, may authorize its importation under the
longer be justified;                                                      inward processing arrangements through the procedure
                                                                          referred to in Article 30 of Regulation (EEC) No
Whereas provision should be made for the temporary                        804/68.
importation on specific conditions of products no supplies of
which are available in the Community,                                     2.     Requests for such authorizations shall indicate at
                                                                          least:
                                                                          — the Common Customs Tariff subheading, the
                                                                              quantity and the composition of the product to be
HAS ADOPTED THIS REGULATION:                                                  imported,
                                                                          — the compensatory products to be manufactured, and
                            Article 1
                                                                              also the Common Customs Tariff subheading, the
                                                                              quantity and the composition of each,
Regulation (EEC) No 866/84 is amended as follows:
                                                                          — where imported milk products are to be combined
                                                                              with products of Community origin in the
1. The second subparagraph of Article 1 (1) is deleted.                       manufacture of compensatory products the
                                                                              composition should indicate separately for each
2. Article 2 is replaced by the following:                                    component the part of Community origin and the
                                                                              part coming from products imported under inward
    'Article 2                                                                processing arrangements,
    1.      Article 1(1) shall not apply to imports made under            — the period of validity of the authorization, and
    inward processing arrangements of products falling                    — the maximum period between importation and
    within subheadings 04.01 A I and 04.02 A I of the                         re-exportation of the compensatory products.
    Common Customs Tariff when they are intended for
    processing into products falling within subheadings                   3.     Requests for such authorizations shall include a
    04.02 A I, 17.02 A or 21.07 F I or into lactalbumin                   written undertaking from the importer and /or processor
    falling within subheading 35.02 A during a period of 60               not to put any of the compensating products into free
    days from the date of entry into force of this Regulation,            circulation in the Community.'
    pursuant to the authorizations valid on that date.
                                                                          4. Article 3 is replaced by the following:
    2.      The period of validity of any authorization issued
    before the entry into force of this Regulation shall be                    'Article 3
    reduced where necessary by the Member State to the
    maximum indicated in paragraph 1.                                          This Regulation shall apply until 31 March 1989.'
    3.      Member States shall provide the Commission with
    a list of the authorizations valid on the date of entry into
    force of this Regulation, together with, for each                                           Article 2
    authorization, the quantity to which it relates and the last
    date of the validity period.'
                                                                      This Regulation shall enter into force on the third day
                                                                      following its publication in the Official Journal of the
 3. The following Article 2 a is added:                               European Communities.
     'Article 2 a
     1.     When a milk product referred to in Article 1 of
    Regulation (EEC) No 804/68 is not produced within the             This Regulation shall be binding in its entirety and directly
    Community, the Commission, at the request of a                     applicable in all Member States.