CELEX: 31990R1278
Language: en
Date: 1990-05-16 00:00:00
Title: Commission Regulation (EEC) No 1278/90 of 11 May 1990 laying down the level of the accession compensatory amounts for milk and milk products applicable for the 1990/91 milk year in trade with Spain

16. 5. 90                             Official Journal of the European Communities                         No L 126/ 13
                                    COMMISSION REGULATION (EEC) No 1278/90
                                                      of 11 May 1990
                 laying down the level of the accession compensatory amounts for milk and milk
                          products applicable for the 1990/91 milk year in trade with Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 466/86 of                                  Article 1
25 February 1986 determining the general rules for the
system of accession compensatory amounts for milk and
milk products on account of the accession of Spain ('),         The accession compensatory amounts applicable during
and in particular Article 6 thereof,                            the 1990/91 milk year in trade between the Community
                                                                as constituted at 31 December 1985 and Spain, and in
Whereas Commission Regulation (EEC) No 1378/86 (2)              trade between Spain and third countries for the milk and
fixed the level of the accession compensatory amounts for       milk products listed in the Annex hereto shall be as
milk and milk products applicable as from 7 May 1986 in         shown in the Annex.
trade with Spain ;
Whereas, pursuant to Article 98 (1 ) of the Act of               However, no accession compensatory amount shall be
Accession of Spain and Portugal, the difference between         granted on the export from Spain of milk products falling
the prices applicable in Spain on 1 March 1986 and the          within CN codes 0401 , 0402, 0403 and 0404 containing
corresponding prices calculated according to the rules          goat's or sheep's milk or cream.
provided for in the common organization of the market
on the basis of the guaranteed price for milk applicable in
Spain throughout the representative period is to be
progressively reduced so that it is equal to half the initial                           Article 2
difference on the fourth move towards alignment and
totally eliminated on the seventh such move ; whereas the
accession compensatory amounts applicable from the start        This Regulation shall enter into force on the day of its
of the 1990/91 milk year should be determined ;                  publication in the Official Journal of the European
                                                                 Communities.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Milk and Milk Products,                            It shall apply from 14 May 1990 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 11 May 1990.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
(') OJ No L 53, 1 . 3 . 1986, p. 23.
(2) OJ No L 120, 8 . 5. 1986, p. 37.
 ---pagebreak--- No L 126/ 14                         Official Journal of the European Communities                                      16 . 5. 90
                                                             ANNEX
                           Accession compensatory amounts applicable in trade with Spain
             (Amounts to be charged on imports and granted on exports by Spain unless otherwise indicated)
                                                                                                 Compensatory amount
                  CN code                             Description of goods                        in ECU/ 100 kg net
                                                                                                 weight (except where
                                                                                                  otherwise indicated)
             ex 0401            Milk and cream, fresh, not concentrated nor containing added
                                sugar or other sweetening matter, excluding goat's or sheep's
                                milk and cream :
                                — with a fat content, by weight, not exceeding 0,6 %                       1,51
                                — with a fat content, by weight, exceeding 0,6 % but not
                                   exceeding 6 %                                                           0
                                — with a fat content, by weight, exceeding 6 %                             (')
             ex 0402            Milk and cream, concentrated or containing added sugar or
                                other sweetening matter, excluding goat's or sheep's milk and
                                cream :
                0402 10         — in powder, granules or other solid forms, of a fat content,
                                   by weight, not exceeding 1,5 % :
                                 — — not containing added sugar or other sweetening matter,
                                      for human consumption (2)                                          38,11
                                 — — other (containing sugar or other sweetening matter)           0,3812 per kg (4)
                                 — in powder, granules or other solid forms, of a fat content,
                                   by weight, exceeding 1,5 % :
                0402 21          — — not: containing added sugar or other sweetening matter :
                                 — — — with a fat content, by weight, not exceeding 27 %                 31,44
                                 — — — with a fat content, by weight, exceeding 27 % but
                                         not exceeding 45 %                                              28,48
                                 — — — with a fat content, by weight, exceeding 45%                      21,36
                0402 29          — — other :
                                 — — — with a fat content, by weight, not exceeding 27 % :
                0402 29 11       — — — — special milk for infants, in hermetically sealed
                                             containers of a net content not exceeding 500 g,
                                            with a fat content, by weight, exceeding 10 %          0,3144 per kg (4)
           \                     — — — — other                                                     0,3144 per kg (4)
                                 — — — with a fat content* by weight, exceeding 27 % but
                                         not exceeding 45 %                                        0,2848 per kg (4)
                                 — — — with a fat content, by weight, exceeding 45 %               0,2136 per kg (*)
           \                     — other (not in powder, granules or other solid forms) :
                 0402 91         — — not containing added sugar or other sweetening matter :   I
                                 — — — with a fat content, by weight, not exceeding 8 %                   11,12
                                 — — — with a fat content, by weight, exceeding 8 % but not
                                          exceeding 10%                                                   11,12
                                 — — — with a fat content, by weight, exceeding 10%                         (3)
                 0402 99         — — other :
                                 _ _ _ with a fat content, by weight, not exceeding 9,5 %                 8,47 0
                                 — — — with a fat content, by weight, exceeding 9,5 %                       (<)
 ---pagebreak--- 16. 5. 90                      Official Journal of the European Communities                                 No L 126/ 15
                                                                                      Compensatory amount
              CN code                          Description of goods                    in ECU/100 kg net
                                                                                      weight (except where
                                                                                       otherwise indicated)
          ex 0403        Buttermilk, curdled milk and cream, yoghurt, kephir and
                         other fermented or acidified milk and cream, whether or not
                         concentrated or containing added sugar or other sweetening
                         matter or flavoured or containing added fruit or cocoa,
                         excluding products manufactured exclusively from goat's and
                         sheep's milk and cream :
             0403 10      — Yoghurt :
                          — — not flavoured nor containing added fruit or cocoa :
                          — — — not containing added sugar or other sweetening
                                   matter, of a fat content, by weight :
                          _ _ _ _ not exceeding 0,6 %                                          1,51
                                       exceeding 0,6 %                                          (')
                          — — — other                                                           (6)
             0403 90      — other :
                          — - not flavoured nor containing added fruit or cocoa :
                          — — — not containing added sugar or other sweetening
                                   matter, with a fat content, by weight :
                          — — — — not exceeding 0,6 %                                          1,51
                          — — — — exceeding 0,6 %                                               (')
                          — — — other                                                           (6)
          ex 0404        Whey, whether or not concentrated or containing added
                         sugar or other sweetening matter ; products consisting of
                         natural milk constituents, whether or not containing added
                         sugar or other sweetening matter, not elsewhere specified or
                         included excluding products manufactured exclusively from
                         goat's and sheep's milk and cream :
             0404 10      — whey, whether or not concentrated or containing added
                            sugar or other sweetening matter
             0404 90      — other (") :
                          — — not containing added sugar or other sweetening matter,
                                of a protein content (nitrogen content x 6,38), by
                               weight :
                          — — — not exceeding 42 % and of a fat content, by weight :
             0404 90 1 1  — — — — not exceeding 1,5 %                                         38,1 1
             0404 90 13   — — — — exceeding 1,5%, but not exceeding 27%                       31,44
             0404 90 19   — — — — exceeding 27%                                               28,48
                          — — — exceeding 42 % , and of a fat content, by weight :
             0404 90 31   — — — — not exceeding 1,5 %                                         38,12
             0404 90 33   — — — — exceeding 1,5 % but not exceeding 27 %                      31,44
             0404 90 39   — — — — exceeding 27 %                                              28,48
                         — — other, of a protein content (nitrogen content x 6,38),
                                by weight :
                         — — — not exceeding 42%, and of a fat content, by
                                   weight :
             0404 90 51  — — — — not exceeding 1,5 %                                    0,3812 per kg (4)
             0404 90 53  — — — — exceeding 1,5 % but not exceeding 27%                  0,3144 per kg (4)
             0404 90 59   — — — — exceeding 27 %                                        0,2848 per kg (4)
                         —  —   —  exceeding 42 %, and of a fat content, by weight :                   __
             0404 90 91   — —   —   — not exceeding 1,5 %                               0,3812 per kg (4)
             0404 90 93  _  _   _   _ exceeding 1,5% but not exceeding 27%              0,3144 per kg (4)
             0404 90 99   — —   —   — exceeding 27 %                                    0,2848 per kg (4)
 ---pagebreak--- No L 126/ 16                   Official Journal of the European Communities                                         16. 5. 90
                                                                                              Compensatory amount
                CN code                         Description of goods                           in ECU/ 100 kg net
                                                                                              weight (except where
                                                                                               otherwise indicated)
               0405       Butter and other fats and oils derived from milk :
               0405 00 10 — of a fat content, by weight, not exceeding 85 % :
                          — — of a fat content, by weight, of less than 80 %                      0,1 887 0('°)
                          — — of a fat content, by weight :
                          — — — of at least 80 % , but less than 82%                                 15,10 ('")
                          — — — of at least 82 % , but less than 84 %                                15,47 (l0)
                          — — — of at least 84 %                                                  0,1887 0 (1#)
               0405 00 90 — other                                                                 0,1 887 0 (10)
               0406       Cheese and curd :
           ex 0406 10     — fresh cheese (including whey cheese), not fermented, and
                            curd (excluding cheese manufactured exclusively from
                            sheep's or goat's milk):                                                   20,96
               0406 20    — grated or powdered cheese, of all kinds : :
               0406 20 10 — — Glarus herb cheese (known as Schabziger) made from
                                skimmed milk and mixed with finely ground herbs                        10,65
               0406 20 90 — — other                                                                    25,95
               0406 30    — processed cheese, not grated or powdered :
               0406 30 10 — — in the blending of which only Emmentaler, Gruyere
                                and Appenzell have been used and which may contain,
                                as an addition, Glarus herb cheese (known as Schab­
                                ziger) ; put up for retail sale, of a fat content by weight
                                in the dry matter, not exceeding 56%                                   23,25
               0406 30 31 — — other                                                                    35,26
               0406 30 39
               0406 30 90
           ex 0406 40 00  — blue-veined cheese (excluding cheese manufactured exclu­
                             sively from sheep's or goat's milk)                                       12,86
           ex 0406 90     — other cheese :
           ex 0406 90 1 1 — — for processing                                                           35,26
                          — — other :
           ex 0406 90 13  — — — Emmentaler                                                             23,25
           ex 0406 90 1 5 — — — Gruyere, Sbrinz                                                        23,25
           ex 0406 90 17  — — — Bergkase,        Appenzell,       Vacherin      fribourgeois,
                                    Vacherin Mont d'Or and Tete de Moine                               23,25
            ex 0406 90 19  — — — Glarus herb cheese (known as Schabziger) made
                                    from skimmed milk and mixed with finely ground
                                    herbs                                                               10,65
            ex 0406 90 21  — — — Cheddar                                                               35,26
            ex 0406 90 23  — — — Edam                                                                  24,86
            ex 0406 90 25           Tilsit                                                              24,86
            ex 0406 90 27  — — — Butterkase                                                             24,86
            ex 0406 90 29  _ _ _ Kashkaval                                                              24,86
                           — — — Feta :
            ex 0406 90 31  — — — — of sheep's milk or buffalo milk in containers
                                        containing brine, or in sheep or goatskin bottles s              —
            ex 0406 90 33  — — — — other                                                                24,86
 ---pagebreak--- 16 . 5. 90                     Official Journal of the European Communities                                      No L 126/ 17
                                                                                           Compensatory amount
                                                                                            in ECU/ 1 0ft kg net
                CN code                           Description of goods                     weight (except where
                                                                                            otherwise indicated)
           ex 0406 90 35  — — — Kefalotyri                                                         24,86
           ex 0406 90 37  — — — Finlandia                                                          24,86
           ex 0406 90 39  — — — Jarlsberg                                                          24,86
                          — — — other :
              0406 90 50  — — — — cheese of sheep's milk or buffalo milk in con­
                                        tainers, containing brine, or in sheep or goatskin
                                        bottles                                                      —
                          — — — — other :
                          — — — — — of a fat content, by weight, not exceeding
                                            40 % and a water content calculated, by
                                            weight, of the non-fatty matter :
                          — — — — — — not exceeding 47 % :
              0406 90 61  — — — — — — — Grana Padano, Parmigiano Reggiano                            —
              0406 90 63  — — — — — — — Fiore Sardo, Pecorino                                        —
           ex 0406 90 69  — — — — — — — other                                                      25,95
                          ______ exceeding 47 % but not exceeding 72%                              24,86
                          — — — — — — exceeding 72 % :
           ex 0406 90 91  — — — — — — — fresh cheese, fermented                                     19,96
           ex 0406 90 93  — — — — — — — other                                                       19,96
                          — — — — — other :
           ex 0406 90 97  — — — — — — fresh cheese, fermented                                      20,63
           ex 0406 90 99   — — — — — — other                                                       20,63
               1702       Other sugars, including chemically pure lactose, maltose,
                          glucose and fructose, in solid form ; sugar syrups not con­
                          taining added flavouring or colouring matter ^ artificial honey,
                          whether or not mixed with natural honey ; caramel :
               1702 10     — lactose and lactose syrup (') :
               1702 10 90  — — other                                                                 6,73
              2106        Food preparations not elsewhere specified or included :
              2106 90      — other :
                           — — flavoured or coloured sugar syrups :
                           — — — other :
              2106 90 51   _ _ _ _ lactose syrup                                                     6,73
              2309        Preparations of a kind used in animal feeding :
              2309 10      — dog or cat food, put up for retail sale :
                           — — containing starch, glucose, glucose syrup, maltodextrine
                                 or maltodextrine syrup falling within codes 1720 30 51
                                 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55
                                 or milk products :
                           — — — containing starch, glucose, glucose syrup, maltodex­
                                     trine or maltodextrine syrup :
                           — — — — containing no starch or containing 1 0 % or less
                                         by weight of starch :
 ---pagebreak--- No L 126/ 18                Official Journal of the European Communities                                     16. 5. 90
                                                                                       Compensatory amount
              CN code                          Description of goods                     in ECU/ 100 kg net
                                                                                       weight (except where
                                                                                        otherwise indicated)
                                                                                     \
             2309 10 15 — — — — — containing not less than 50 % but less than
                                        75 % by weight of milk products
             2309 10 19 — — — — — containing not less than 75 % by weight of
                                        milk products                                           —
                        — — — — containing more than 10 % but not more than
                                     30 % by weight of starch :
             2309 10 39 — — — — — containing not less than 50 % by weight of
                                        milk products                                           -o
                        — — — — containing more than 30 % by weight of starch :
             2309 10 59 — — — — — containing not less than 50 % by weight of
                                        milk products                                           -(8)
             2309 10 70 — — — containing no starch, glucose, glucose syrup, malto­
                                 dextrine or maltodextrine syrup but containing milk
                                 products
             2309 90    — other :
                             other :
                        — — — containing starch, glucose, glucose syrup, maltodex­
                                trine or maltodextrine syrup falling within codes
                                  1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50
                                and 2106 90 55 or milk products :
                        — — — — containing starch, glucose, glucose syrup, malto­
                                    dextrine or maltodextrine syrup :
                        _____ containing no starch or containing 10 % or
                                        less by weight of starch :
             2309 90 35 — — — — — — containing not less than 50 % but less than
                                            75 % by -weight of milk products
             2309 90 39 — — — — — — containing not less than 75 % by weight of
                                            milk products                                        —
                        — — — — — containing more than 1 0 % but not more
                                        than 30 % by weight of starch :
             2309 90 49 — — — — — — containing not less than 50 % by weight of
                                            milk products                                       -0
                        _____ containing more than 30 % by weight of
                                        starch :
             2309 90 59 — — — — — — containing not less than 50 % by weight of
                                            milk products                                       -0
             2309 90 70 — — — — containing no starch, glucose, glucose syrup,
                                    maltodextrine or maltodextrine syrup but con­
                                    taining milk products                                       —
 ---pagebreak--- 16. 5. 90                                   Official Journal of the European Communities                                                  No L 126/ 19
           (') The compensatoy amount per 100 kilograms net of these products shall be equal to the sum of the following com­
               ponents :
               — an amount corresponding to the quantity of milk fat, expressed as a percentage, contained in 100 kilograms net of
                   the product multiplied by ECU 0,0428,
               — an amount corresponding to the quantity in kilograms of the non-fat part contained in 100 kilograms net of the
                   product multiplied by ECU 0,015082.
           (2) 'Products intended for human consumption' are products other than those denatured in accordance with the provisions
               of Commission Regulation (EEC) No 1725/79 (OJ No L 199, 7. 8. 1979, p. 1 ) or Commission Regulation (EEC) No
               3714/84 (OJ No L 341 , 29. 12. 1984, p. 65) or those imported into Spain under the arrangements laid down in Commis­
               sion Regulation (EEC) No 1624/76 (OJ No L 186, 6. 7. 1976, p. 9).
           (') The compensatory amount per 100 kilograms net of these products shall be equal to the sum of the following com­
               ponents :
               — an amount corresponding to the quantity of milk fat, expressed as a percentage, contained in 100 kilograms of the
                   product multiplied by ECU 0,0428,
               — an amount corresponding to the quantity in kilograms of the non-fat solids contained in 100 kilograms net of the
                   product multiplied by ECU 0,165903.
           (4) The compensatory amount per 100 kilograms net of these products shall be equal to the sum of :
               — the amount per kilograms indicated multiplied by the weight of milk and cream contained in 100 kilograms of
                   finished product,
               — an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the
                   compensatory amount applicable to 1 kilogram of white sugar.
           O The compensatory amount per 100 kilograms net of these products shall be equal to the sum of :
               — the amount indicated,
               — an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the
                   compensatory amount applicable to 1 kilogram of white sugar.
           (6) The compensatory amount per 100 kilograms net of these products shall be equal to the sum of the following com­
               ponents :
               — an amount corresponding to the quantity of milk fat expressed as a percentage, contained in 100 kilograms net of the
                   product, multiplied by ECU 0,0428, and
               — an amount corresponding to the quantity in kilograms of the non-fat milk solids contained in 100 kilograms net of
                   the product multiplied by ECU 0,165903,
               — an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the
                   compensatory amount applicable to 1 kilogram of white sugar.
           (*) The compensatory amount for 100 kilograms net of these products shall be equal to the amount indicated multiplied by
               the weight of the fat contained in 100 kilograms of finished product.
           (■) The compensatory amount for 100 kilograms net weight of these products shall be equal :
               — in the case of products falling within CN codes        2309 10 39  and 2309 90 49, to the accession compensatory amount
                   for 100 kilograms of maize multiplied by the         coefficient 0,16,
               — in the case of products falling within CN codes        2309 10 59  and 2309 90 59, to the accession compensatory amount
                   for 100 kilograms of maize multiplied by the         coefficient 0,50.
               These amounts are to be granted on exports to Spain by the exporting Member State or charged on imports from Spain
               by the importing Member State.
           (') In accordance with Council Regulation (EEC) No 504/86 (OJ No L 54, 1 . 3. 1986, p. 54), the accession compensatory
               amount for products falling within CN code 1702 10 10 shall be the same as for those falling within CN code
                1702 10 90.
          (10) Where the products falling within this code are subject to the measures laid down in Commission Regulations (EEC) No
               3143/85 (OJ No L 298, 12. 11 . 1985, p. 9), (EEC) No 570/88 (OJ No L 55, 1.3. 1988, p. 31 ) or (EEC) No 429/90 (OJ No
               L 45, 21 . 2. 1990, p. 8), no accession compensatory amount is to apply.
          (") The accession compensatory amount for products comprising various milk products is equal to the sum of the compen­
               satory amounts applicable to each of the constituents taking account of the quantities incorporated.
          NB : In the case of goats and sheep s milk and cream and the products manufactured exclusively from these products :
                  — the analysis check shall be carried out by immunochemical and/or electrophoretic methods, supplemented as
                      necessary by HPLC analyses,
                  — the party concerned shall be obliged, when completing the customs formalities, to state in the declaration provided
                      for this purpose that the milk or cream in question consists solely of the product obtained exclusively from sheep
                      or goats or, as appropriate, that the product in question was manufactured exclusively from sheep's or goat's milk.