31970R2307

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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 143 , 1 . 7 . 1970 , P . 1 .

( 3 ) OJ NO L 151 , 30 . 6 . 1968 , P . 3 .

( 4 ) OJ NO L 279 , 6 . 11 . 1969 , P . 3 .

( B ) INCLUSION UNDER THIS SUB-HEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES .

REGULATION ( EEC ) NO 2307/70 OF THE COUNCIL OF 10 NOVEMBER 1970 AMENDING , AS REGARDS CERTAIN CHEESES , REGULATION ( EEC ) NO 823/68 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 ( 1 ) OF 27 JUNE 1968 ON THE COMMON ORGANISATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1253/70 ( 2 ) AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS , IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 823/68 ( 3 ) OF 28 JUNE 1968 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 2197/69 ( 4 ) , THE LEVIES APPLICABLE TO PROCESSED CHEESES FALLING WITHIN TARIFF SUB-HEADINGS NOS 04.04 D II ( A ) 1 AND 04.04 D II ( A ) 2 CONCERN PRODUCTS OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER NOT EXCEEDING 46 % OR EXCEEDING 46 % RESPECTIVELY ; WHEREAS , HOWEVER , EXPERIENCE HAS SHOWN THAT FOR CHEESES SOLD AS 45 % , THE 46 % LIMIT IS TOO LOW ;

WHEREAS THIS IS ALSO TRUE OF CHEESES SOLD AT 60 % ( FAT CONTENT BY DRY WEIGHT ) ; WHEREAS THESE PRODUCTS MUST , IN ORDER TO FALL WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( BB ) , HAVE A FAT CONTENT BY WEIGHT NOT EXCEEDING 39 % , WHICH IS ALSOO TOO LOW A LIMIT ;

WHEREAS THE LEVY APPLICABLE TO THE SHEEP CHEESES KNOWN AS " KASHKAVAL " AND FALLING AT PRESENT WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 , A LEVY WHICH IS IDENTICAL TO THAT APPLIED TO THE PILOT PRODUCT , MAY BE REDUCED IF THE FREE-AT-COMMUNITY-FRONTIER PRICE IS AT LEAST 85 UNITS OF ACCOUNT PER 100 KG ;

WHEREAS , SIMILARLY , THE LEVIES ON CERTAIN SHEEP OR BUFFALO CHEESES FALLING , UNTIL NOW , WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 MAY BE REDUCED IF THE FREE-AT-COMMUNITY-FRONTIER PRICE IS AT LEAST 70 UNITS OF ACCOUNT PER 100 KG , ACCOUNT BEING TAKEN OF THE TYPICAL CHARACTERISTICS OF THESE CHEESES ;

WHEREAS , THEREFORE , REGULATION ( EEC ) NO 823/68 SHOULD BE AMENDED AND CERTAIN TARIFF SUB-HEADINGS SHOULD BE CLARIFIED ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 19 ( 1 ) OF REGULATION ( EEC ) NO 804/68 , THE TARIFF NOMENCLATURE RESULTING FROM THE PROVISIONS OF THIS REGULATION MUST BE INCORPORATED IN THE COMMON CUSTOMS TARIFF ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 7 OF REGULATION ( EEC ) NO 823/68 SHALL BE AMENDED AS FOLLOWS :

1 . AT POINT 4 , THE SUB-HEADING " 04.04 E I ( C ) 1 " SHALL BE SUBSTITUTED FOR THE SUB-HEADING " 04.04 E I ( C ) " .

2 . AT POINT 5 , THE WORDS " TARIFF HEADING NOS 04.04 E I ( C ) 2 AND 04.04 E II ( B ) " SHALL BE SUBSTITUTED FOR THE WORDS " TARIFF HEADING NO 04.04 E II ( B ) " .

ARTICLE 2

THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 8 OF REGULATION ( EEC ) NO 823/68 :

" ARTICLE 8

WHERE PRODUCTS IN GROUP 11 , ORIGINATING IN AND COMING FROM THE TERRITORY OF THIRD COUNTRIES , ARE IMPORTED INTO THE COMMUNITY AT A PRICE NOT LESS THAN :

- 85 UNITS OF ACCOUNT PER 100 KG FOR PRODUCTS FALLING WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 , OR

- 70 UNITS OF ACCOUNT PER 100 KG FOR PRODUCTS FALLING WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 3 ,

THE LEVY PER 100 KG OF SUCH PRODUCTS SHALL BE EQUAL TO :

1 . THE TRESHOLD PRICE LESS 85 UNITS OF ACCOUNT , IF THE PRODUCT FALLS WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( AA ) OR 04.04 E I ( B ) 3 ;

2 . THE SUM OF THE FOLLOWING COMPONENTS , IF THE PRODUCT FALLS WITHIN TARIFF SUB-HEADING NO 04.04 E I ( B ) 2 ( BB ) :

( A ) A COMPONENT EQUAL TO THE LEVY CALCULATED IN ACCORDANCE WITH POINT 1 ,

( A ) A COMPONENT OF 20 UNITS OF ACCOUNT " .

ARTICLE 3

IN ANNEX I TO REGULATION ( EEC ) NO 823/68 , IN THE COLUMN SUB-HEADED " GROUPS OF PRODUCTS ACCORDING TO THE NOMENCLATURE IN ANNEX II " THE SUB-HEADING NO " 04.04 E I ( B ) 4 " SHALL BE ADDED TO GROUP 11 BETWEEN THE SUB-HEADINGS NOS " 04.04 E I ( B ) 3 " AND " 04.04 E I ( C ) " .

ARTICLE 4

ANNEX II TO REGULATION ( EEC ) NO 823/68 SHALL BE AMENDED AS FOLLOWS :

1 . AGAINST SUB-HEADINGS NOS 04.02 A II AND 04.02 B I , THE DESCRIPTION " MILK AND CREAM , IN POWDER OR GRANULES " SHALL BE SUBSTITUTED FOR THE DESCRIPTION " MILK AND CREAM , IN POWDER " ;

2 . AGAINST SUB-HEADINGS NOS 04.02 A III AND 04.02 B II , THE DESCRIPTION " MILK AND CREAM , OTHER THAN IN POWDER OR IN GRANULES " SHALL BE SUBSTITUTED FOR THE DESCRIPTION " MILK AND CREAM , OTHER THAN IN POWDER " ;

3 . SUB-HEADINGS NOS 04.04 D AND 04.04 E I SHALL BE AMENDED AS FOLLOWS :

" 04.04 D . PROCESSED CHEESE , NOT GRATED OR POWDERED :

I . ( UNCHANGED )

II . OTHER , OF A FAT CONTENT BY WEIGHT :

( A ) NOT EXCEEDING 36 % AND OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER :

1 . NOT EXCEEDING 48 %

2 . EXCEEDING 48 %

( B ) EXCEEDING 36 %

E . OTHER :

I . NOT GRATED OR POWDERED , OF A FAT CONTENT BY WEIGHT NOT EXCEEDING 40 % AND A WATER CONTENT BY WEIGHT OF THE NON-FATTY MATTER :

( A ) NOT EXCEEDING 47 %

( B ) EXCEEDING 47 % BUT NOT EXCEEDING 72 % :

1 . CHEDDAR , INCLUDING CHESTER

2 . TILSIT , HAVARTI , ESROM AND KASHKAVAL , OF A FAT CONTENT BY WEIGHT REFERRED TO DRY MATTER : ( B )

( AA ) NOT EXCEEDING 48 %

( BB ) EXCEEDING 48 %

3 . CHEESE OF SHEEP'S MILK OR BUFFALO MILK , IN CONTAINERS CONTAINING BRINE OR IN SHEEP - OR GOATSKIN BOTTLES ( B )

4 . OTHER

( C ) EXCEEDING 72 % :

1 . IN IMMEDIATE PACKINGS OF A NET CAPACITY NOT EXCEEDING 500 G

2 . OTHER " .

ARTICLE 5

THE TARIFF NOMENCLATURE RESULTING FROM THE PROVISIONS OF ARTICLE 4 AND SHOWN IN THE ANNEX TO THIS REGULATION SHALL BE INCORPORATED IN THE COMMON CUSTOMS TARIFF .

ARTICLE 6

1 . THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1971 .

2 . THE AMENDMENTS TO THE TARIFF NOMENCLATURE MADE BY THIS REGULATION SHALL NOT AFFECT IMPORT AND EXPORT LICENCES ISSUED BEFORE THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 10 NOVEMBER 1970 .

FOR THE COUNCIL

THE PRESIDENT

H . D . GRIESAU

ANNEX : SEE OJ NO L 249 OF 17 . 11 . 1970 .