CELEX: 31988R0611
Language: en
Date: 1988-03-05 00:00:00
Title: Commission Regulation (EEC) No 611/88 of 4 March 1988 amending Regulations (EEC) No 1767/82 and (EEC) No 3938/87 as regards the nonapplication of monetary compensatory amounts for certain cheeses imported under special conditions

5. 3. 88                                Official Journal of the European Communities                         No L 60/ 19
                                   COMMISSION REGULATION (EEC) No 611/88
                                                         of 4 March 1988
         amending Regulations (EEC) No 1767/82 and (EEC) No 3938/87 as regards the non­
         application of monetary compensatory amounts for certain cheeses imported under
                                                        special conditions
         THE COMMISSION OF THE EUROPEAN COMMUNITIES,
         Having regard to the Treaty establishing the European Economic Community,
         Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organi­
         zation of the market in milk and milk products ('), as last amended by Regulation (EEC) No
         3904/87 (2), and in particular Article 14 (7) thereof,
         Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compen­
         satory amounts in agriculture (3), as last amended by Regulation (EEC) No 1889/87 (4), and in
         particular Article 12 thereof,
         Whereas Article 8 of Commission Regulation (EEC) No 1767/82 of 1 July 1982 laying down
         detailed rules for applying specific import levies on certain milk products 0, as last amended by
         Regulation (EEC) No 222/88 (*), provides that no compensatory amount is to apply when certain
         cheeses imported from third countries meeting certain conditions are put into free circulation ;
         whereas it should be specified that only monetary compensatory amounts are involved ; whereas
         it should be stipulated that the rule also applies where the product imported into the Commu­
         nity without having to comply with the minimum price is despatched from the importing
         Member State to another Member State or re-exported to a third country ;
         Whereas, for the sake of clarity, the particulars in tables 11 , 13 and 14 in Part 5 of Annex I
         (Appendix to Annex I) to Commission Regulation (EEC) No 3938/87 of 23 December 1987
         fixing the monetary compenstory amounts applicable in the agricultural sector and certain co­
         efficients and rates required for their application Q, as last amended by Regulation (EEC) No
         602/88 (*), should be amended accordingly and at the same time certain material errors relating
         to the combined nomenclature should be corrected :
         Whereas the measures provided for in this Regulation are in accordance with the opinion of the
         Management Committee for Milk and Milk Products,
         HAS ADOPTED THIS REGULATION :
                                                                Article 1
         Article 8 of Regulation (EEC) No 1767/82 is hereby replaced by the following :
               'Article 8
              1 . No monetary compensatory amounts shall apply when the products listed in Annex I
              (b), (c), (d), (g), (h), (i), (j), (m), (n), (o), (p) and (s) are put into free circulation.
              2. Where products listed in Annex I (b), (h), (i) or (s), after being put into free circulation
              in the importing Member State, are despatched to another Member State or re-exported, no
              monetary compensatory amounts shall apply.'
                                                                Article 2
         Part 5 of Annex I to Regulation (EEC) No 3938/87 is hereby amended as follows :
         (a) the line opposite CN code 0406 30 31 and additional code 7239 is deleted ;
         (b) 'the particulars relating to CN code 0406 90 89 are amended as follows :
         (') OJ   No   L  148, 28. 6. 1968, p. 13.
         0   OJ   No   L 370, 30. 12. 1987, p. 1 .
         0   OJ   No   L  164, 24. 6. 1985, p. 6.
         (4) OJ   No   L  182, 3. 7. 1987, p. 1 .
         0   OJ   No   L  196, 5. 7. 1982, p. 1 .
         («) OJ   No   L  28, 1 . 2. 1 988, p. 1 .
         0   OJ   No   L  372, 31 . 12. 1987, p. 1 .
         (■) OJ   No   L  61 , 7. 3. 1988, p. 1 .
 ---pagebreak---   No L 60/20                                     Official Journal of the European Communities                                                     5. 3. 88
I              \        I                          Positive                                               Negative
                                                Ger­     Nether­    United    Belgium/     Den­    Italy   France    Greece  Ireland     Spain      Portugal
                         Addition­              many       lands   Kingdom      Luxem­     mark
   'CN code      Table      al        Notes                                      bourg
                           code
               14
                        \          I            DM           F1       £       Bfrs/Lfrs    Dkr      Lit      FF        Dr     £ Irl        Pta        Bsc
  0406 90 89
               14
                           7253                        \                                                                                        '
                                                                                                                                                  \
                           7254                  —           —        —
                                                                              .   —         —       —        —         —       —    ■      —          —
                   14      7255                 6,94        7,78    21,619                        13 928    53,79   12 319,3  5,988
                           7256                 8,13        9,11    25,319                        16 311    63,00   14 427,7  7,012
                   14      7257                 4,77        5,35    14,863        —         —      9 575    36,98    8 469,5  4,116        —          —
                   14      7258                 6,36        7,13    19,822                        12 770   49,32    11 295,6  5,490
                                                                           Article 3
                  In the Appendix to Annex I (additional codes) to Regulation (EEC) No 3938/87 :
                  (a) tables 11 , 13 and 14 are replaced by the following :
                                                                          TABLE 11
     CN code                                                                          Description
    0406 90 11      — Mixtures       of  different   — Cheeses imported from third coun­               — Other
                       types of cheese with a            tries under the provisions laid down
                       free-at-frontier price of         in Regulation (EEC) No 1767/82 pro­               Of   a   water         Of a fat content by
                       less than 140 ECU per             vided that they are covered by Annex              content    cal­        weight in the dry
                       100 kg net weight :               I (i) to that Regulation if it is estab­          culated     by         matter :
                                                         lished that they correspond to the                weight of the
                                                         description given therein :                       non-fatty
                                                     — Cheeses as referred to above des­                   matter :
                                                         patched from the importing Member
                                                         State to another Member State or ex­
                                                         ported :
                                                                                                            - Not                     Of less
                                                                                                              exceeding               than 10% :      7244
                                                                                                              62 % :
                                                                                                                                      Of 10 %
                                                                                                                                      or more :       7245
                                7242                                      7243
                                                                                                              Exceeding               Of less         7246
                                                                                                              62 % :                  than 10% :
                                                                                                                                      Of 10 %         7247'
                                                                            »
                                                                                                                                      or more :
 ---pagebreak--- 5. 3. 88                                  Official Journal of the European Communities                                           No L 60/21
                                                                   TABLE 13
   CN code                                                                Description
  0406 90 21  — Cheeses imported from third countries under the provisions laid down in Regulation (EEC) No                  — Other
                 1767/82 provided that the free-at-frontier value applicable for the cheese in question is respec­
                 ted (8®), or provided that they are covered by Annex I (g) or (h) to that Regulation if it is established
                 that they correspond to the description given therein :
              — Cheeses as referred to above, provided they appear in Annex (h) to Regulation (EEC) No 1767/82,
                 despatched from the importing Member State to another Member State or exported :
                                                                    7251                                                           7252
                                                                   TABLE 14
   CN code                                                                 Description
                                                                                          - Other :
  0406 90 23  — Cheeses made exclusi­         — Cheeses imported from third coun­
  0406 90 25     vely from goat or sheep        tries under the provisions laid down
  0406 90 27     milk :                         in Regulation (EEC) No 1767/82 pro­           Of a water                Of a fat content by
  0406 90 29                                    vided that the import price is not less        content cal­             weight in the dry
  0406 90 31                                     than the amount specified in Article          culated      by          matter :
  0406 90 33                                     8 of Regulation (EEC) No 2915/79 for         weight of the
  0406 90 39                                     the cheese in question, and/or that           non-fatty
  0406 90 50                                     they are covered, by Annex I (m), (n),        matter :
  0406 90 89                                     (o), (p) or (s) to Regulation (EEC) No
                                                 1767/82 if it is established that they
                                                 correspond to the description given
                                                 therein :
                                              — Cheeses as referred to above provided
                                                 they appear in Annex I (s) to Regula­
                                                 tion (EEC) No 1767/82, despatched
                                                 from the importing Member State to
                                                 another Member State or exported :
                                                                                                  Not                     Of less
                                                                                                 exceeding                than 10% :    7255
                                                                                                  62 % :
                                                                                                                          Of 10 %
                                                                                                                          or more :     7256
                            7253                                   7254
                                                                                                  Exceeding               Of less       7257
                                                                                                  62 % :                  than 10% :
                                                                                                                          Of 10 %       7258'
                                                                                                                          or more :
             (b) CN code 0406 90 89 is deleted from Table 15.
                                                                    Article 4
             This Regulation shall enter into force on the third day following its publication in the Official
             Journal of the European Communities.
 ---pagebreak--- No L 60/22                         Official Journal of the European Communities                           5. 3. 88
           This Regulation shall be binding in its entirety and directly applicable in all Member States.
           Done at Brussels, 4 March 1988.
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President