CELEX: 31979R0548
Language: en
Date: 1979-03-23 00:00:00
Title: Commission Regulation (EEC) No 548/79 of 22 March 1979 amending Part 8 of Annex I to Regulation (EEC) No 1036/78 fixing the monetary compensatory amounts and certain coefficients and rates for their application

23 . 3 . 79                               Official Journal of the European Communities                              No L 72/ 23
                                        COMMISSION REGULATION ( EEC) No 548 /79
                                                           of 22 March 1979
                  amending Part 8 of Annex I to Regulation ( EEC) No 1036/78 fixing the mone­
                  tary compensatory amounts and certain coefficients and rates for their applica­
                                                                  tion
 THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
  COMMUNITIES,
  Having regard to the Treaty establishing the European                                            Article 1
  Economic Community,
                                                                        Part 8 of Annex I to Regulation (EEC) No 1036/78 is
                                                                       amended as follows :
  Having regard to Council Regulation (EEC) No
 974/71 of 12 May 1971 on certain measures of
 conjunctural policy to be taken in agriculture                         1 . In respect of goods falling within tariff subheadings
 following the temporary widening of the margins of                           18.06 D I b), 18.06 D II a) 2, 21.07 G II a), 21.07 G
 fluctuation     for  the     currencies    of   certain Member              II b) and 21.07 G II c) a note as follows is added :
 States ('), as last amended by Regulation (EEC) No
  557/76 (2), and in particular Article 6 thereof,
                                                                             '(8) If the product contains added whey and/or
                                                                                  lactose no compensatory amount shall be
                                                                                  granted for the milk products incorporated ; in
 Whereas the monetary compensatory amounts intro­                                 such cases the compensatory amount is to be
 duced under Regulation ( EEC) No 974/71 were fixed                               calculated on the quantities of common wheat
 by Commission Regulation (EEC) No 1036/78 (3), as                                and sugar indicated in the Annex to Regulation
 last amended by Regulation (EEC) No 547/79 (4) ;                                 (EEC) No 1060/69, less 10 % .
                                                                                  When completing customs formalities :
 Whereas no monetary compensatory amount is
 applied to unprocessed whey or whey incorporated in                              — in respect of exports from a Member State
 other products of the milk and milk products sector ;                                with a depreciated currency,
 whereas in the last few weeks preparations containing
 whey and a small quantity of cocoa have been manu­                               — in respect of imports from a Member State
 factured for the purpose of profiting from monetary                                  with an appreciated currency,
 compensatory amounts applicable to goods not listed                              — in respect of exports from a Member State
 in Annex II to the Treaty ; whereas these preparations                               making use of the option provided for in
 fall within tariff subheading 18.06 D and the character­                             Article 2a of Regulation (EEC) No 974/71 ,
 istics of goods falling within tariff subheading 21.07 G
 II are such that there is a risk of similar abuse ;                              the applicant shall state on the declaration
 whereas it is consequently necessary to discount the                             provided for this purpose whether or not whey
 milk component of such products in calculating the                               and/or lactose have been added to the product.
 monetary compensatory amount if whey and/or
 lactose has been added ; whereas goods made up in                                However, if compensatory amounts have to be
 small packages can however be excluded from the                                  charged, the amounts fixed shall apply
 scope of this provision ;
                                                                                  normally.'
 Whereas the above measure is limited for the moment
                                                                       2. In respect of goods falling within tariff subheadings
                                                                            21.07 G II a), 21.07 G II b) and 21.07 G II c) a note
 to products for which the situation referred to above                      as follows is added :
 has arisen or might easily arise ; whereas its extension
 to other products if similar operations are mounted                        '(9) The first and second parts of note (8) shall not
 must be anticipated ;                                                            apply to goods in immediate packings of a net
                                                                                  capacity of 1 kg or less.'
 Whereas the measures provided for in this Regulation
 are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,                                                       Article 2
(')  OJ   No L 106, 12. 5 . 1971 , p. 1 .
(2 ) OJ   No L 67, 15 . 3 . 1976 , p. 1 .                              This Regulation shall enter into force on the 15th day
(3 ) OJ   No L 133 , 22 . 5 . 1978 , p. 1 .                            following its publication in the Official Journal of
(4)  See  page 19 of this Official Journal .                           the European Communities.
 ---pagebreak--- No L 72/ 24                     Official Journal of the European Communities                       23 . 3 . 79
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels , 22 March 1979 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President