CELEX: 31978R2378
Language: en
Date: 1978-10-13 00:00:00
Title: Commission Regulation (EEC) No 2378/78 of 12 October 1978 amending Regulation (EEC) No 1036/78 fixing the monetary compensatory amounts and certain coefficients and rates for their application

No L 287/ 10                              Official Journal of the European Communities                               13 . 10 . 78
                                    COMMISSION REGULATION (EEC) No 2378/78
                                                        of 12 October 1978
               amending Regulation (EEC) No 1036/78 fixing the monetary compensatory
                         amounts and certain coefficients and rates for their application
THE COMMISSION OF THE EUROPEAN                                      (a) The reference footnote '(9) in column 3 is replaced
COMMUNITIES,                                                              by the reference '(10)' for the products of the
                                                                          following subheadings of the Common Customs
Having regard to the Treaty establishing the European                     Tariff :
Economic Community,
                                                                          04.01 A I
Having regard to Council Regulation (EEC) No                              04.01 A II
974/71 of 12 May 1971 on certain measures of                              04.01 B I
conjunctural policy to be taken in agriculture                            04.01 B II
following the temporary widening of the margins of                        04.01 B III :
fluctuations of the        currencies of certain        Member
States (!), as last amended by Regulation (EEC) No
557/76 (2), and in particular Article 6 thereof,                     (b) In column 1 '04.01 A I is replaced by 'ex 04.01 A
                                                                          I' and in column 2 the words 'with the exception
Whereas in accordance with Part 5 of Annex I to                           of whey' are added in respect of that subheading.
Commission Regulation (EEC) No 1036/78 of 19 May
1978 fixing the monetary compensatory amounts and
certain coefficients and rates for their application (3),            (c) The text of footnote (9) is amended to read as
                                                                          follows :
as last amended by Regulation (EEC) No 2370/78 (4),
no amount is applied either for whey or for the
proportion of whey contained in milk and cream ;                          '(9) The basic amount for 100 kg of product falling
whereas it is therefore provided in footnote (9) that                          within this subheading is the amount indicated
when completing the customs formalities the inte­                               multiplied by 1 / 100 of the weight of milk,
rested party must indicate the actual whey content of                           other than whey added, contained in the
the product by weight ; whereas, however, certain                               non-fat part of the product. (When the fat
products falling within heading No 04.01 of the                                 content is less than 1.5 % this percentage shall
Common Customs Tariff cannot normally contain                                   be considered nil).
whey by their very nature or their uses ; whereas, in
these cases, in order to simplify the checks on trade
the compensatory amounts should not be granted                                  When completing the customs formalities the
where whey has been added ; whereas it should be                                party concerned must indicate in the special
specified in footnote (9) that the weight of milk and                           declaration for this purpose :
milk cream other than whey should be based on the
non-fat part of the product and should relate only to                           — the whey content added per 100 kg of
whey added to the product in question ;                                             finished product, and in particular :
Whereas the measures provided for in this Regulation                            — the lactose content of the whey added.'
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                     (d) The following footnote (10) is added :
                                                                         '( 10) No compensatory amount shall be granted for
HAS ADOPTED THIS REGULATION :                                                   products to which whey has been added.
                                                                                However, the indicated amounts apply where
                                                                                compensatory amounts have to be levied.
                            Article 1
                                                                                 When completing the customs formalities :
Part 5 of Annex I to Regulation (EEC) No 1036/78 is
amended as follows :
                                                                                 — for exports, in a Member State with an
(') OJ  No  L  106, 12. 5. 1971 , p. 1 .                                             appreciated currency,
(2) OJ  No  L 67, 15. 3 . 1976, p. 1 .
(3) OJ  No  L  133, 22. 5 . 1978 , p. 1 .                                        — for imports, in a Member State with a
(4) OJ  No  L 286, 12. 10 . 1978, p. 20 .                                            depreciated currency,
 ---pagebreak--- 13 . 10 . 78                         Official Journal of the European Communities                       No L 287/ 11
          — for exports, in a Member State using the                                   Article 2
             option provided for in Article 2a of Regula­
              tion (EEC) No 974/71 ,                           This Regulation shall enter into force on the day of its
                                                               publication in the Official Journal of the European
          the party concerned must indicate in the              Communities.
          special declaration for this purpose whether or
          not whey has been added to the product.'             It shall apply with effect from 16 October 1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 12 October 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President