CELEX: 31979R0547
Language: en
Date: 1979-03-23 00:00:00
Title: Commission Regulation (EEC) No 547/79 of 22 March 1979 amending Part 5 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/ 19
                                      COMMISSION REGULATION (EEC) No 547/79
                                                         of 22 March 1979
               amending Part 5 of Annex I to Regulation (EEC) No 1036/78 fixing the
               monetary compensatory amounts and certain coefficients and rates for their
                                                            application
THE COMMISSION OF THE EUROPEAN                                       2. In the notes :
COMMUNITIES,
 Having regard to the Treaty establishing the European                  — note (3) is replaced by the following :
 Economic Community,
 Having regard to Council Regulation (EEC) No                               '(3) The basic amount for 100 kg of product
974/71 of 12 May 1971 on certain measures of                                     falling within this subheading shall be
conjunctural policy to be taken in agriculture                                   equal to the sum of the following compo­
                                                                                 nents :
following the temporary widening of the margins of
fluctuation    for  the     currencies     of  certain Member
States ('), as last amended by Regulation (EEC) No
 557/76 (2), and in particular Article 6 thereof,                                (a) the amount per 100 kg indicated multi­
                                                                                      plied by '/100 of the weight of the lactic
Whereas the monetary compensatory amounts intro­                                      part contained in 100 kg of product.
                                                                                      However, where whey and/or lactose
duced by Regulation (EEC) No 974/71 were fixed by
Commission Regulation (EEC) No 1036/78 (3), as last                                   have been added to the product, the
amended by Regulation (EEC) No 514/79 (4) ;                                           amount resulting from the preceding
                                                                                      calculation shall be :
Whereas in the calculation of certain monetary
compensatory amounts for milk and milk products                                       — multiplied by the weight of the
 falling within subheading 04.02 B of the Common                                          lactic non-fat part, other than the
 Customs Tariff there are problems of application ;                                       added      whey     and/or    lactose,
whereas, in order to avoid such problems, the relevant                                    contained in 100 kg of the product
 notes need to be clarified ;
                                                                                          and then
Whereas in the case of lactose added to products
 falling within heading No 04.01 or 04.02 the mone­
tary compensatory amount should not be applied ;                                      — divided by the weight of the non-fat
whereas account needs therefore to be taken of this                                       lactic part contained in 100 kg of
added product when calculating the said amounts ;
                                                                                          the product ;
Whereas the measures provided for in this Regulation                            (b) an additional amount for each percen­
are in accordance with the opinion of the Manage­                                    tage point of sucrose content of 100 kg
 ment Committee for Milk and Milk Products,
                                                                                     net of the product, equal to 1/100 of the
                                                                                     amount     indicated  in  Part  7  of  this
                                                                                     Annex under subheading 17.01 A (unde­
 HAS ADOPTED THIS REGULATION :                                                       natured) of the Common Customs Tariff.
                             Article 1
                                                                                 When completing customs formalities, the
                                                                                 applicant shall state on the declaration
 Part 5 of Annex I to Regulation ( EEC) No 1036/78 is                            provided for this purpose :
amended as follows :
 1 . In the table of monetary - compensatory amounts,
     the reference to note (9) is deleted in respect of                          — the actual content by weight of added
     products falling within subheading 04.02 B of the                                whey and/or added lactose per 100 kg of
     Common Customs Tariff.                                                           finished product,
(')  OJ  No L 106, 12. 5. 1971 , p. 1 .                                               and, in particular :
O    OJ No  L 67, 15 . 3 . 1976, p. 1 .
(3)  OJ  No L 133, 22. 5 . 1978 , p. 1 .
 <)  OJ  No L 68 , 19 . 3 . 1979 , p. 1 .                                        — the lactose content of the added whey.'
 ---pagebreak--- No L 72/20                          Official Journal of the European Communities                                 23 . 3 . 79
  — note (8) is replaced by the following :                                 — multiplied by the weight of the non-fat
     '(8) The basic amount for 100 kg of product                                part, other than the added whey and/or
          falling within this subheading shall be                               added lactose, contained in 100 kg of
          equal to the sum of the following compo­                              the product and then
          nents :                                                           — divided by the weight of the non-fat
                                                                                part contained in 100 kg of the product.
          (a) the amount per 100 kg indicated.
               However, where whey and/or lactose                           When completing customs formalities, the
               have been added to the product, the                          applicant shall state on the declaration
               amount indicated shall be :                                  provided for this purpose :
               — multiplied by the weight of the                            — the actual content by weight of whey
                   lactic non-fat part other than the                           and/or lactose added per 100 kg of
                   added whey and/or added lactose                              finished product,
                   product                                                      and, in particular :
                   and then                                                 — the lactose content of the added whey.'
               — divided by the weight of the non-fat              — note ( 10) is replaced by the following :
                   lactic part contained in 100 kg of                 *( 10) In the case of products to which whey
                   the product ;                                             and/or    lactose  have   been    added,     no
          (b) an additional amount for each percen­                          compensatory amount shall be granted.
               tage point of sucrose content of 100 kg                       However,     the  amounts    indicated    shall
               net of the product, equal to 1/100 of the                     apply if compensatory amounts have to be
               amount     indicated  in   Part 7  of  this                   charged.
               Annex under subheading 17.01 A (unde­                         When completing customs formalities :
               natured) of the Common Customs
               Tariff.                                                       — in respect of exports from a Member
                                                                                 State with an appreciated currency,
          When completing customs formalities, the                           — in respect of imports into a Member
          applicant shall state on the declaration                               State with a depreciated currency,
          provided for this purpose :                                        — in respect of exports from a Member
          — the actual content by weight of added                                State making use of the option
               whey and/or added lactose per 100 kg of                           provided for in Article 2a of Regulation
               the product                                                       (EEC) No 974/71 ,
               and, in particular :                                          the applicant shall state on the declaration
          — the lactose content of the added whey.'                          provided for this purpose whether or not
                                                                             whey and/or lactose have been added to
  — note (9) is replaced by the following :                                  the product.'
     '(9) The basic amount for 100 kg of product               3 . The table of goods and basic amounts is, in respect
          falling within this subheading shall be                  of subheadings 04.02 A III b) and 04.02 B II b),
          equal to the amount indicated. However,                  and subject to any change in the amounts in accor­
          where whey and/or lactose have been added                dance with changes in the rates of exchange as
          to the product, the basic amount shall be                provided for in Article 2 ( 1 ) of Regulation (EEC)
          equal to the amount indicated :                          No 974/71 , amended to read as follows :
 ---pagebreak---  23 . 3 . 79                               Official Journal of the European Communities                                                         No L 72/ 21
                                                                                                         Amounts to be charged on imports
                                                                                                                 and granted on exports
         CCT
       heading                         Description                           Notes
          No                                                                                Deutschland                 Belgique/                Nederland
                                                                                           DM / 100 kg ( a )          Luxembourg
                                                                                                                   FB/ Flux / 100 kg (a )      Fl / 100 kg (a)
           1                                2                                  J                   4                          5                        6
 )4.02 A III b) Of a non-fatty lactic dry matter content , by weight :
                — of less than 1 5 %                                          (9)              2-27 (d)                 1 0 1 (d)                0-69 (d)
                — of 1 5 % or more but less than 25 %                         (9)              6-25 (d)                 27-7 (d)                  1-91 (d ,
                — of 25 % or more but less than 32 %                          (9)            10-23 (d)                  45-4 (d)                 3-13 (d)
                — of 32 % or more                                             (9)            1 1 -37 (d)                50-4 (d)                 3-47 (d)
04.02 B II b)   Of a non-fatty lactic dry matter content, by weight :
l               — of less than 1 5 %                                          (3 )             2-27 (d)                 1 0-1 (d)                0-69 (d)
                — of 1 5 % or more but less than 25 %                         (3 )             7-98 (d)                 35-4 (d)                 2-44 (d)
                — of 25 % or more but less than 32 %                          (3 )           10-26 (d)                  45-5 (d)                 3-1 4(d)
I               -— of 32 % or more                                            (3)            1 1 -40 (d)                50-5 (d)                 3-48 (d)
                                                                                                      Amounts to be granted on imports
                                                                                                              and charged on exports
         CCT
       heading                       Description                       Notes
                                                                                        United
          No                                                                                                 Ireland                 Italia            France
                                                                                      Kingdom
                                                                                                         17 100 kg (a)         Lit/ 100 kg (a)    FF/ 100 kg (a)
                                                                                   i'/ 100 kg (a)
           1                             2                                                7                     8                      9                  10
04.02 A III b)  Of a non-fatty lactic dry matter content, by
                weight :
                — of less than 1 5 %                                    (9)         0-988 (d)                  —
                                                                                                                                1 262 (d)             4-08 (d)
                — of 15 % or more but less than 25 %                    (9)         2-720 (d)                  —
                                                                                                                                3 477 (d)           1 1 -23 (d)
                — of 25 % or more but less than 32 %                    H           4-451 (d)                                   5 689 (d)           1 8-38 (d)
                — of 32 % or more                                       O           4-946 (d)                  —
                                                                                                                                6 321 (d)           20-42 (d)
04.02 B II b)   Of a non-fatty lactic dry matter content, by
                weight :
                — of less than 1 5 %                                    (3 )        0-988 (d)                  —
                                                                                                                                 1 262 (d)            4-08 (d)
                — of 15 % or more but less than 25 %                    (3 )        3-471 (d)                  —
                                                                                                                                4 436 (d)           14-33 (d)
                — of 25 % or more but less than 32 %                    (3 )        4-463 (d )                                  5 704 (d)           18-43 (d)
                — of 32 % or more                                       (3 )        4-959 (d)                                   6 337 (d)           20-47 (d)
 ---pagebreak--- No L 72/ 22                     Official Journal of the European Communities                       23 . 3 . 79
                                                    Article 2
            This Regulation shall enter into force on 2 April 1979 .
            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