Commission Regulation (EC) No 1598/95 of 30 June 1995 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector

COMMISSION REGULATION (EC) No 1598/95 of 30 June 1995 laying down detailed rules  for the application of the arrangements for additional import duties in the milk and milk products  sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of  the market in milk and milk products  (1), as last amended by Regulation (EC) No 1538/95  (2), and  in particular Article 15 (4) thereof,
Whereas, from 1 July 1995, Council Regulation (EEC) No 804/68 subjects imports of one or more of  the products covered by the said Regulation to the payment of an additional duty where certain  conditions resulting from the Agreement on Agriculture concluded in connection with the Uruguay  Round of multilateral trade negotiations are met, unless the import are unlikely to disturb the  Community market, or where the effects would be disproportionate to the intended objective, whereas  such additional import duties may in particular be imposed if import prices are below the trigger  prices;
Whereas detailed rules for the application of this system should therefore be laid down for the  milk and milk products sectors and the trigger prices should be published;
Whereas the import prices to be taken into consideration for charging an additional import duty  should be checked on the basis of the representative prices for the product in question on the  world market or on the Community import market for the product; whereas it should be laid down that  the Member States are to transmit prices at the various marketing stages at regular intervals to  enable the Commission to fix the representative prices and the corresponding additional duties;
Whereas the importer has the possibility of opting for the additional duty to be calculated on a  basis other than the representative price; whereas, however, in such case provision should be made  for the lodging of a security equal to the additional duties which he would have paid if the  calculation had been based on the representative prices; whereas the security should be released if  proof is furnished within a specified time limit that the conditions have been met for disposal of  the consignment in question; whereas in connection with a posteriori checks it should be specified  that duties payable are subject to recovery in accordance with Article 220 of Council Regulation  (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code  (3), whereas it is  also equitable to lay down that, in connection with all checks, duties payable are subjet to  interest;
Whereas it emerges from the regular monitoring of the data on which the checking of import prices  for milk and milk products is based that imports of certain products should be subjected to  additional duties taking account of variations in prices according to origin; whereas the prices  should therefore be published;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Milk and Milk Products,