CELEX: 31970R2307
Language: en
Date: 1970-11-10 00:00:00
Title: Regulation (EEC) No 2307/70 of the Council of 10 November 1970 amending, as regards certain cheeses, Regulation (EEC) No 823/68 determining the groups of products and the special provisions for calculating levies on milk and milk products

Avis juridique important

|

31970R2307

Regulation (EEC) No 2307/70 of the Council of 10 November 1970 amending, as regards certain cheeses, Regulation (EEC) No 823/68 determining the groups of products and the special provisions for calculating levies on milk and milk products  

Official Journal L 249 , 17/11/1970 P. 0013 - 0015 Danish special edition: Series I Chapter 1970(III) P. 0676  English special edition: Series I Chapter 1970(III) P. 0758  Greek special edition: Chapter 03 Volume 6 P. 0053 

+++++( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .  ( 2 ) OJ NO L 143 , 1 . 7 . 1970 , P . 1 .  ( 3 ) OJ NO L 151 , 30 . 6 . 1968 , P . 3 .  ( 4 ) OJ NO L 279 , 6 . 11 . 1969 , P . 3 .  ( B ) INCLUSION UNDER THIS SUB-HEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES .  REGULATION ( EEC ) NO 2307/70 OF THE COUNCIL OF 10 NOVEMBER 1970 AMENDING , AS REGARDS CERTAIN CHEESES , REGULATION ( EEC ) NO 823/68 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANISATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1253/70 ( 2 ) AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  WHEREAS , IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 823/68 ( 3 ) OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 2197/69 ( 4 ) , THE LEVIES APPLICABLE TO PROCESSED CHEESES FALLING WITHIN TARIFF SUB-HEADINGS NOS 04.04 D II ( A ) 1 AND 04.04 D II ( A ) 2 CONCERN PRODUCTS OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER NOT EXCEEDING 46 % OR EXCEEDING 46 % RESPECTIVELY ; WHEREAS , HOWEVER , EXPERIENCE HAS SHOWN THAT FOR CHEESES SOLD AS 45 % , THE 46 % LIMIT IS TOO LOW ;  WHEREAS THIS IS ALSO TRUE OF CHEESES SOLD AT 60 % ( FAT CONTENT BY DRY WEIGHT ) ; WHEREAS THESE PRODUCTS MUST , IN ORDER TO FALL WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( BB ) , HAVE A FAT CONTENT BY WEIGHT NOT EXCEEDING 39 % , WHICH IS ALSOO TOO LOW A LIMIT ;  WHEREAS THE LEVY APPLICABLE TO THE SHEEP CHEESES KNOWN AS " KASHKAVAL " AND FALLING AT PRESENT WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 , A LEVY WHICH IS IDENTICAL TO THAT APPLIED TO THE PILOT PRODUCT , MAY BE REDUCED IF THE FREE-AT-COMMUNITY-FRONTIER PRICE IS AT LEAST 85 UNITS OF ACCOUNT PER 100 KG ;  WHEREAS , SIMILARLY , THE LEVIES ON CERTAIN SHEEP OR BUFFALO CHEESES FALLING , UNTIL NOW , WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 MAY BE REDUCED IF THE FREE-AT-COMMUNITY-FRONTIER PRICE IS AT LEAST 70 UNITS OF ACCOUNT PER 100 KG , ACCOUNT BEING TAKEN OF THE TYPICAL CHARACTERISTICS OF THESE CHEESES ;  WHEREAS , THEREFORE , REGULATION ( EEC ) NO 823/68 SHOULD BE AMENDED AND CERTAIN TARIFF SUB-HEADINGS SHOULD BE CLARIFIED ;  WHEREAS , IN ACCORDANCE WITH ARTICLE 19 ( 1 ) OF REGULATION ( EEC ) NO 804/68 , THE TARIFF NOMENCLATURE RESULTING FROM THE PROVISIONS OF THIS REGULATION MUST BE INCORPORATED IN THE COMMON CUSTOMS TARIFF ;  HAS ADOPTED THIS REGULATION :  ARTICLE 1  ARTICLE 7 OF REGULATION ( EEC ) NO 823/68 SHALL BE AMENDED AS FOLLOWS :  1 . AT POINT 4 , THE SUB-HEADING " 04.04 E I ( C ) 1 " SHALL BE SUBSTITUTED FOR THE SUB-HEADING " 04.04 E I ( C ) " .  2 . AT POINT 5 , THE WORDS " TARIFF HEADING NOS 04.04 E I ( C ) 2 AND 04.04 E II ( B ) " SHALL BE SUBSTITUTED FOR THE WORDS " TARIFF HEADING NO 04.04 E II ( B ) " .  ARTICLE 2  THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 8 OF REGULATION ( EEC ) NO 823/68 :  " ARTICLE 8  WHERE PRODUCTS IN GROUP 11 , ORIGINATING IN AND COMING FROM THE TERRITORY OF THIRD COUNTRIES , ARE IMPORTED INTO THE COMMUNITY AT A PRICE NOT LESS THAN :  - 85 UNITS OF ACCOUNT PER 100 KG FOR PRODUCTS FALLING WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 , OR  - 70 UNITS OF ACCOUNT PER 100 KG FOR PRODUCTS FALLING WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 ,  THE LEVY PER 100 KG OF SUCH PRODUCTS SHALL BE EQUAL TO :  1 . THE TRESHOLD PRICE LESS 85 UNITS OF ACCOUNT , IF THE PRODUCT FALLS WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( AA ) OR 04.04 E I ( B ) 3 ;  2 . THE SUM OF THE FOLLOWING COMPONENTS , IF THE PRODUCT FALLS WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( BB ) :  ( A ) A COMPONENT EQUAL TO THE LEVY CALCULATED IN ACCORDANCE WITH POINT 1 ,  ( A ) A COMPONENT OF 20 UNITS OF ACCOUNT " .  ARTICLE 3  IN ANNEX I TO REGULATION ( EEC ) NO 823/68 , IN THE COLUMN SUB-HEADED " GROUPS OF PRODUCTS ACCORDING TO THE NOMENCLATURE IN ANNEX II " THE SUB-HEADING NO " 04.04 E I ( B ) 4 " SHALL BE ADDED TO GROUP 11 BETWEEN THE SUB-HEADINGS NOS " 04.04 E I ( B ) 3 " AND " 04.04 E I ( C ) " .  ARTICLE 4  ANNEX II TO REGULATION ( EEC ) NO 823/68 SHALL BE AMENDED AS FOLLOWS :  1 . AGAINST SUB-HEADINGS NOS 04.02 A II AND 04.02 B I , THE DESCRIPTION " MILK AND CREAM , IN POWDER OR GRANULES " SHALL BE SUBSTITUTED FOR THE DESCRIPTION " MILK AND CREAM , IN POWDER " ;  2 . AGAINST SUB-HEADINGS NOS 04.02 A III AND 04.02 B II , THE DESCRIPTION " MILK AND CREAM , OTHER THAN IN POWDER OR IN GRANULES " SHALL BE SUBSTITUTED FOR THE DESCRIPTION " MILK AND CREAM , OTHER THAN IN POWDER " ;  3 . SUB-HEADINGS NOS 04.04 D AND 04.04 E I SHALL BE AMENDED AS FOLLOWS :  " 04.04 D . PROCESSED CHEESE , NOT GRATED OR POWDERED :  I . ( UNCHANGED )  II . OTHER , OF A FAT CONTENT BY WEIGHT :  ( A ) NOT EXCEEDING 36 % AND OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER :  1 . NOT EXCEEDING 48 %  2 . EXCEEDING 48 %  ( B ) EXCEEDING 36 %  E . OTHER :  I . NOT GRATED OR POWDERED , OF A FAT CONTENT BY WEIGHT NOT EXCEEDING 40 % AND A WATER CONTENT BY WEIGHT OF THE NON-FATTY MATTER :  ( A ) NOT EXCEEDING 47 %  ( B ) EXCEEDING 47 % BUT NOT EXCEEDING 72 % :  1 . CHEDDAR , INCLUDING CHESTER  2 . TILSIT , HAVARTI , ESROM AND KASHKAVAL , OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER : ( B )  ( AA ) NOT EXCEEDING 48 %  ( BB ) EXCEEDING 48 %  3 . CHEESE OF SHEEP'S MILK OR BUFFALO MILK , IN CONTAINERS CONTAINING BRINE OR IN SHEEP - OR GOATSKIN BOTTLES ( B )  4 . OTHER  ( C ) EXCEEDING 72 % :  1 . IN IMMEDIATE PACKINGS OF A NET CAPACITY NOT EXCEEDING 500 G  2 . OTHER " .  ARTICLE 5  THE TARIFF NOMENCLATURE RESULTING FROM THE PROVISIONS OF ARTICLE 4 AND SHOWN IN THE ANNEX TO THIS REGULATION SHALL BE INCORPORATED IN THE COMMON CUSTOMS TARIFF .  ARTICLE 6  1 . THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1971 .  2 . THE AMENDMENTS TO THE TARIFF NOMENCLATURE MADE BY THIS REGULATION SHALL NOT AFFECT IMPORT AND EXPORT LICENCES ISSUED BEFORE THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 10 NOVEMBER 1970 .  FOR THE COUNCIL  THE PRESIDENT  H . D . GRIESAU  ANNEX : SEE OJ NO L 249 OF 17 . 11 . 1970 .