31969R2197

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

( 2 ) OJ N L 179 , 21 . 7 . 1969 , P . 13 .

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

( 4 ) OJ N L 21 , 28 . 1 . 1969 , P . 1 .

REGULATION ( EEC ) N 2197/69 OF THE COUNCIL

OF 28 OCTOBER 1969

AMENDING 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 1398/69 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS REGULATION ( EEC ) N 823/68 ( 3 ) , AS AMENDED BY REGULATION ( EEC ) N 145/69 ( 4 ) , DETERMINED THE GROUPS OF PRODUCTS AND THE SPECIAL PROVISIONS FOR CALCULATING THE LEVIES ON MILK AND MILK PRODUCTS ;

WHEREAS , TO STIMULATE TRADE , THE FAT CONTENT OF THE PRODUCTS FALLING WITHIN TARIFF SUB-HEADINGS NOS 04.01 B I , 04.01 B II , 04.02 A III ( A ) 1 AND 04.02 A III ( A ) SHOULD BE AMENDED ;

WHEREAS , SO THAT THERE SHOULD BE NO IMBALANCE IN THE RATE OF THE LEVIES ON FRESH CREAM FALLING WITHIN TARIFF SUB-HEADING N 04.01 B III AND PRESERVED CREAM FALLING WITHIN TARIFF SUB-HEADING N 04.02 A III ( B ) 2 , THE SAME COEFFICIENT AS FOR THE FORMER SHOULD BE APPLIED WHEN CALCULATING THE LEVY ON THE LATTER ;

WHEREAS A SPECIAL TARIFF SUB-HEADING SHOULD BE INTRODUCED SO THAT GRATED OR POWDERED CHEESE CAN BE CLASSIFIED ; WHEREAS , TO ENABLE THIS SUB-HEADING TO BE INTRODUCED , THESE PRODUCTS MUST BE EXCLUDED FROM CERTAIN TARIFF HEADINGS REALTING TO CHEESE AND THE PROVISIONS GOVERNING THE CALCULATION OF THE LEVIES FOR THE PRODUCTS IN QUESTIN MUST BE AMENDED ;

WHEREAS , TO AVOID DIVERGENCES IN THE INTERPRETATION OF THE CLASSIFICATION OF THE PRODUCTS FALLING WITHIN TARIFF HEADING N 23.07 , THE DESCRIPTION OF THE GOODS IN QUESTION SHOULD BE AMENDED ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) N 823/68 :

" 3 . IF IT FALLS WITHIN TARIFF SUB-HEADING N 04.01 B III OR 04.02 A III ( B ) 2 , TO THE LEVY FOR THE PILOT PRODUCT MULTIPLIED BY THE COEFFICIENT 0-85 " ;

ARTICLE 2

" TARIFF SUB-HEADING N 04.04 E II ( B ) " SHALL BE SUBSTITUTED FOR " TARIFF SUB-HEADING N 04.04 E II " IN ARTICLE 7 ( 5 ) OF REGULATION ( EEC ) N 823/68 .

ARTICLE 3

IN THE COLUMN " GROUPS OF PRODUCTS ACCORDING TO THE NOMENCLATURE IN ANNEX II " IN ANNEX I TO REGULATION ( EEC ) N 823/68 :

_ TARIFF SUB-HEADING N 04.04 E II ( A ) SHALL BE ADDED TO GROUP N 9 ;

_ TARIFF SUB-HEADING N 04.04 E II ( B ) SHALL BE SUBSTITUTED FOR TARIFF SUB-HEADING N 04.04 E II APPEARING IN GROUP N 11 .

ARTICLE 4

THE ANNEX TO THIS REGULATION SHALL BE SUBSTITUTED FOR ANNEX II TO REGULATION ( EEC ) N 823/68 .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON 1 DECEMBER 1969 .

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

DONE AT LUXEMBOURG , 28 OCTOBER 1969 .

FOR THE COUNCIL

THE PRESIDENT

P . LARDINOIS

ANNEX : SEE O.J .