31971R2864

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( 1 ) OJ N L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ N L 148 , 3 . 7 . 1971 , P . 3 .

( 3 ) OJ N L 151 , 30 . 6 . 1968 , P . 3 .

( 4 ) OJ N L 166 , 24 . 7 . 1971 , P . 1 .

REGULATION ( EEC ) N 2864/71 OF THE COUNCIL

OF 30 DECEMBER 1971

AMENDING , AS REGARDS FRESH MILK , REGULATION ( EEC ) N 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 ) N 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 ) N 1410/71 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ARTICLE 14 OF REGULATION ( EEC ) N 804/68 PROVIDES FOR THE APPLICATION OF A SYSTEM OF IMPORT LEVIES ON ALL PRODUCTS REFERRED TO IN ARTICLE 1 OF THAT REGULATION ;

WHEREAS COUNCIL REGULATION ( EEC ) N 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 ) N 1578/71 ( 4 ) , MAKES NO PROVISION FOR CALCULATING LEVIES IN RESPECT OF FRESH MILK FALLING WITHIN SUB-HEADING N 04.01 A OF THE COMMON CUSTOMS TARIFF ;

WHEREAS FRESH MILK CAN BE USED , INTER ALIA , AS RAW MATERIAL FOR THE MANUFACTURE OF MILK PRODUCTS , AND IN PARTICULAR FOR THE MANUFACTURE OF SKIMMED MILK POWDER AND BUTTER ; WHEREAS THE LEVY ON FRESH MILK SHOULD THEREFORE BE DERIVED FROM THAT APPLICABLE TO THESE TWO PRODUCTS , WHICH ARE THE PILOT PRODUCTS OF GROUPS 2 AND 6 RESPECTIVELY ; WHEREAS , HOWEVER , IT IS NECESSARY TO MAKE PROVISION FOR AN ADDITIONAL COMPONENT WHERE , ON IMPORTATION , THE PRICE OF A PRODUCT FALLING WITHIN SUB-HEADING N 04.01 A OF THE COMMON CUSTOMS TARIFF IS NOT IN A NORMAL RELATIONSHIP TO THE PRICES USUALLY PREVAILING IN RESPECT OF OTHER MILK PRODUCTS ;

WHEREAS , PURSUANT TO ARTICLE 19 ( 1 ) OF REGULATION ( EEC ) N 804/68 , THE NOMENCLATURE LAID DOWN IN THIS REGULATION MUST BE INCORPORATED IN THE COMMON CUSTOMS TARIFF ;

WHEREAS IT IS NECESSARY TO INTRODUCE MEASURES APPLICABLE UNTIL 31 MARCH 1972 ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING SHALL BE ADDED TO REGULATION ( EEC ) N 823/68 :

" ARTICLE 4A

THE LEVY ON 100 KILOGRAMMES OF A GROUP 6 PRODUCTS SHALL BE EQUAL :

1 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A I ( A ) , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( A ) ,

( B ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( B ) ,

( C ) A COMPONENT EQUAL TO 5 UNITS OF ACCOUNT ;

2 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A I ( B ) , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( A ) ,

( B ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( B ) ,

( C ) A COMPONENT EQUAL TO 3 UNITS OF ACCOUNT ;

3 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A II ( A ) 1 , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( A ) ,

( B ) A COMPONENT CALCULATED IN ACCORDANCE WITH 5 ( B ) ,

( C ) A COMPONENT EQUAL TO 3 UNITS OF ACCOUNT ;

4 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A II ( A ) 2 , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT CALCULATED IN ACCORDANCE WITH 6 ( A ) ,

( B ) A COMPONENT CALCULATED IN ACCORDANCE WITH 6 ( B ) ,

( C ) A COMPONENT EQUAL TO 3 UNITS OF ACCOUNT ;

5 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A II ( B ) 1 , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT EQUAL TO THE LEVY FOR THE PILOT PRODUCT OF GROUP 2 , MULTIPLIED BY A COEFFICIENT OF 0 * 0862 ,

( B ) A COMPONENT EQUAL TO THE LEVY FOR THE PILOT PRODUCT OF GROUP 6 , MULTIPLIED BY A COEFFICIENT OF 0 * 0476 ,

( C ) A COMPONENT EQUAL TO 2 UNITS OF ACCOUNT ;

6 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 A II ( B ) 2 , TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT EQUAL TO THE LEVY FOR THE PILOT PRODUCT OF GROUP 2 , MULTIPLIED BY A COEFFICIENT OF 0 * 0862 ,

( B ) A COMPONENT EQUAL TO THE LEVY FOR THE PILOT PRODUCT OF GROUP 6 , MULTIPLIED BY A COEFFICIENT OF 0 * 0714 ,

( C ) A COMPONENT EQUAL TO 2 UNITS OF ACCOUNT .

HOWEVER , WHERE THE PRICE ON IMPORTATION INTO THE COMMUNITY OF A PRODUCT FALLING WITHIN TARIFF SUB-HEADING N 04.01 A IS RECORDED AS NOT BEING IN A NORMAL RELATIONSHIP TO THE PRICES USUALLY PREVAILING IN RESPECT OF OTHER MILK PRODUCTS , A LEVY MAY BE FIXED EQUAL TO THE SUM OF THE FOLLOWING COMPONENTS :

( A ) A COMPONENT EQUAL TO THE AMOUNT RESULTING FROM THE PROVISIONS LAID DOWN IN THE PRECEDING SUBPARAGRAPH .

( B ) AN ADDITIONAL COMPONENT FIXED AT A LEVEL ALLOWING THE NORMAL RELATIONSHIP BETWEEN THE PRICE OF THE PRODUCT IN QUESTION AND THE PRICES OF OTHER MILK PRODUCTS ON IMPORTATION INTO THE COMMUNITY TO BE RE-ESTABLISHED . "

ARTICLE 2

IN ANNEX I TO REGULATION ( EEC ) N 823/68 , IN THE COLUMN " GROUPS OF PRODUCTS ACCORDING TO THE NOMENCLATURE IN ANNEX II , HEADING N " 04.01 " SHALL BE SUBSTITUTED FOR SUB-HEADING N " 04.01 B " .

ARTICLE 3

ANNEX II TO REGULATION ( EEC ) N 823/68 , AS REGARDS HEADING N 04.01 , SHALL BE AMENDED IN ACCORDANCE WITH THE FIRST TWO COLUMNS SHOWN IN THE ANNEX TO THIS REGULATION .

ARTICLE 4

THE TARIFF NOMENCLATURE IN THE ANNEX TO THIS REGULATION SHALL BE INCORPORATED IN THE COMMON CUSTOMS TARIFF .

ARTICLE 5

1 . THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1972 . IT SHALL APPLY UNTIL 31 MARCH 1972 .

2 . HOWEVER , THE AMENDMENTS TO THE NOMENCLATURE PROVIDED FOR IN THIS REGULATION SHALL NOT AFFECT THE VALIDITY OF 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 , 30 DECEMBER 1971 .

FOR THE COUNCIL

THE PRESIDENT

M . PEDINI

ANNEX : SEE O.J . N L 288 OF 31 . 12 . 71