CELEX: 31985R2895
Language: en
Date: 1985-10-18
Title: Commission Regulation (EEC) No 2895/85 of 17 October 1985 amending Regulation (EEC) No 1343/85 fixing the monetary compensatory amounts, as regards the non-application of these amounts to casein and caseinates added to certain milk products

No L 278 / 12                            Official Journal of the European Communities                              18 . 10 . 85
                                   COMMISSION REGULATION (EEC) No 2895/85
                                                        of 17 October 1985
              amending Regulation (EEC) No 1343/85 fixing the monetary compensatory
              amounts, as regards the non-application of these amounts to casein and
                                          caseinates added to certain milk products
THE COMMISSION OF THE EUROPEAN                                      calculating the monetary compensatory amount appli­
 COMMUNITIES,                                                       cable to the finished product, the part accounted for
                                                                    by added casein and/or caseinates should therefore be
 Having regard to the Treaty establishing the European              excluded ;
 Economic Community,
 Having regard to Council Regulation (EEC) No 974/71                Whereas the measures provided for in this Regulation
of 12 May 1971 on certain measures of conjunctural                  are in accordance with the opinion of the Management
                                                                    Committee for Milk and Milk Products,
 policy to be taken in agriculture following the tempo­
 rary widening of the margins of fluctuation for the
currencies of certain Member States ('), as last amended            HAS ADOPTED THIS REGULATION :
by Regulation (EEC) No 855/84 (2), and in particular
Article 6 thereof,
                                                                                              Article 1
Whereas the monetary compensatory amounts intro­
duced by Regulation (EEC) No 974/71 have been fixed                 Notes (3), Q, (8) and (9) to Annex I, part 5 of Regulation
by Commission Regulation (EEC) No 1343/85 (3), as                   (EEC) No 1343/85 are amended as shown in the
last amended by Regulation (EEC) No 2871 /85 (4) ;                  Annex to this Regulation.
Whereas it has emerged that casein and/or caseinates                                          Article 2
may be added to powdered or concentrated milk or
cream ; whereas no compensatory amount is applicable                This Regulation shall enter into force on 18 October
to casein or caseinates ; whereas, for the purposes of              1985 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 17 October 1985.
                                                                              For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
(') OJ No   L 106, 12.   5. 1971 , p. 1 .
(2) OJ No   L 90, 1 . 4.  1984, p. 1 .
(3) OJ No   L 138, 27.   5. 1985, p. 2.
 <) OJ No   L 276, 17.   10. 1985, p. 1 .
 ---pagebreak--- 18 . 10 . 85                            Official Journal of the European Communities                                  No L 278/ 13
                                                                ANNEX
                                                                  Notes
              (3) The basic amount for 100 kg of product falling within this subheading shall be equal to the sum
                   of the following components :
                  (a) the amount per 100 kg indicated multiplied by '/100 of the weight of the lactic part contained in
                       100 kg of product. However, where whey and/or lactose and/or casein and/or caseinates have
                       been added to the product, the amount resulting from the preceding calculation shall be :
                       — multiplied by the weight of the lactic non-fat part, other than the added whey and/or
                          added lactose and/or added casein and/or added caseinates contained in 100 kg of the
                          product,
                          and then
                      — divided by the weight of the non-fat lactic part contained in 1 00 kg of the product ;
                  (b) an additional amount for each percentage point of sucrose content of 100 kg net of the
                       product, equal to '/100 of the amount indicated in Part 7 of this Annex under subheading 17.01
                      A (undenatured) of the Common Customs Tariff.
                  When completing customs formalities, the applicant shall state on the declaration provided for
                  this purpose :
                  — the actual content by weight of added whey and/or added lactose and/or added casein and/or
                      added caseinates per 100 kg of finished product,
                      and, in particular :
                  — the lactose content of the added whey.
             f7) The basic amount for 100 kg of product falling within this subheading shall be equal to the sum
                  of the following components :
                  (a) the amount per 100 kg indicated. However, where whey and/or lactose and/or casein and/or
                      caseinates have been added to the product, the amount indicated shall be :
                      — multiplied by the weight of the lactic non-fat part, other than the added whey and/or
                          added lactose and/or added casein and/or added caseinates, contained in 100 kg of the
                          product,
                          and then
                      — divided by the weight of the non-fat lactic part contained in 1 00 kg of the product ;
                  (b) an additional amount for each percentage point of sucrose content of 100 kg net of the
                      product, equal to '/100 of the amount indicated in Part 7 of this Annex under subheading 17.01
                      A (undenatured) of the Common Customs
                  When completing customs formalities, the applicant shall state on the declaration provided for
                  this purpose :
                  — the actual content by weight of added whey and/or added lactose and/or added casein and/or
                      added caseinates per 100 kg of the product,
                      and, in particular :
                  — the lactose content of the added whey.
             (8) The basic amount for 100 kg of product falling within this subheading shall be equal to the
                  amount indicated. However, where whey and/or lactose and/or casein and/or caseinates have been
                  added to the product, the basic amount shall be equal to the amount indicated :
                  — multiplied by the weight of the non-fat part, other than the added whey and/or added lactose
                      and/or added casein and/or added caseinates contained in 100 kg of the product,
                      and then
                  — divided by the weight of the non-fat part contained in 100 kg of the product.
                  When completing customs formalities, the applicant shall state on the declaration provided for
                  this purpose :
                  — the actual content by weight of whey and/or lactose and/or casein and/or caseinates added per
                       100 kg of finished product,
                      and, in particular :
                  — the lactose content of the added whey.
 ---pagebreak--- No L 278/ 14                        Official Journal of the European Communities                                 18 . 10 . 85
           (') In the case of products to which whey and/or lactose and/or casein and/or caseinates have been
               added, no compensatory amount shall be granted. However, the amounts indicated shall apply if
               compensatory amounts have to be charged.
               When completing :
               — customs export formalities carried out in a Member State the currency of which has
                   appreciated,
               — customs import formalities carried out in a Member State the currency of which has
                   depreciated,
               — customs export formalities carried out in a Member State making use of the option provided in
                   Article 2a of Regulation (EEC) No 974/71 ,
               the applicant shall state on the declaration provided for this purpose whether or not whey and/or
               lactose and/or casein and/or caseinates have been added to the product.