31971R1578

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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 77 , 1 . 4 . 1971 , P . 1 .

REGULATION ( EEC ) N 1578/71 OF THE COUNCIL

OF 19 JULY 1971

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 1410/71 ( 2 ) , AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS AN EFFECT OF THE PROVISIONS OF ARTICLE 8 OF 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 668/71 ( 4 ) , IS THAT FOR TILSIT , HAVARTI , ESROM AND KASHKAVAL CHEESES FALLING WITHIN TARIFF SUB-HEADING N 04.04 E I ( B ) 2 ( AA ) THE LEVY PER 100 KILOGRAMMES OF THE PRODUCT IS EQUAL TO THE THRESHOLD PRICE FOR GROUP 11 LESS 85 UNITS OF ACCOUNT ; WHEREAS THE MARKET SITUATION FOR TILSIT , HAVARTI AND ESROM CHEESES IS SUCH THAT THE COMMUNITY CAN RAISE THIS AMOUNT FOR THESE CHEESES , FROM 85 TO 95 UNITS OF ACCOUNT ; WHEREAS THE TEXT OF ARTICLE 8 AND ANNEXES I AND II OF REGULATION ( EEC ) N 823/68 SHOULD THEREFORE BE AMENDED ACCORDINGLY ;

WHEREAS IN ANNEX II TO REGULATION ( EEC ) N 823/68 THE LIMIT FOR MILK POWDERS FALLING WITHIN TARIFF SUB-HEADINGS N S 04.02 A II AND 04.02 B I ( B ) BETWEEN THOSE MARKETED IN SMALL PACKAGES AND THOSE IN LARGE PACKAGES , IS FIXED AT 5 KILOGRAMMES ; WHEREAS THIS LIMIT SHOULD BE REDUCED TO 2 * 5 KILOGRAMMES ;

WHEREAS IN THE SAME ANNEX THE LIMIT BETWEEN BUTTER FALLING WITHIN TARIFF SUB-HEADING N 04.03 A AND BUTTER FALLING WITHIN TARIFF SUB-HEADING N 04.03 B IS FIXED AT A FAT CONTENT OF 84 % BY WEIGHT ; WHEREAS THIS LIMIT MAY IN CERTAIN CASES CREATE CLASSIFICATION DIFFICULTIES ; WHEREAS , IT SHOULD THEREFORE BE RAISED TO 85 % ;

WHEREAS , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 19 ( 1 ) OF REGULATION ( EEC ) N 804/68 , THE NOMENCLATURE RESULTING FROM THE PROVISIONS OF THIS REGULATION IS TO BE INCORPORATED IN THE COMMON CUSTOMS TARIFF ; WHEREAS , FOR THE SAKE OF CLARITY , THIS NOMENCLATURE SHOULD BE SET OUT IN THE ANNEX TO THIS REGULATION ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING SHALL BE SUBSTITUTED FOR THE TEXT OF ARTICLE 8 OF REGULATION ( EEC ) N 823/68 :

" WHEN 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 :

_ 95 UNITS OF ACCOUNT PER 100 KILOGRAMMES FOR PRODUCTS FALLING WITHIN SUB-HEADING N 04.04 EI ( B ) 2 ; OR

_ 85 UNITS OF ACCOUNT PER 100 KILOGRAMMES FOR PRODUCTS FALLING WITHIN SUB-HEADING N 04.04 EI ( B ) 3 ; OR

_ 70 UNITS OF ACCOUNT PER 100 KILOGRAMMES FOR PRODUCTS FALLING WITHIN SUB-HEADING N 04.04 EI ( B ) 4 ;

THE LEVY PER 100 KILOGRAMMES SHALL BE EQUAL :

1 . IF THE PRODUCTS FALLS WITHIN SUB-HEADING N 04.04 EI ( B ) 2 ( AA ) , TO THE THRESHOLD PRICE LESS 95 UNITS OF ACCOUNT ,

2 . IF THE PRODUCT FALLS WITHIN SUB-HEADING N 04.04 EI ( B ) 2 ( BB ) , TO THE SUM OF THE FOLLOWING COMPONENTS :

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

( B ) A COMPONENT EQUAL TO 20 UNITS OF ACCOUNT ,

3 . IF THE PRODUCT FALLS WITHIN SUB-HEADING N 04.04 EI ( B ) 3 OR 04.04 EI ( B ) 4 , _ TO THE THRESHOLD PRICE LESS 85 UNITS OF ACCOUNT . "

ARTICLE 2

IN ANNEX I TO REGULATION ( EEC ) N 823/68 , SUB-HEADING N 04.04 EI ( B ) 5 SHALL BE ADDED TO GROUP 11 BELOW SUB-HEADING N 04.04 EI ( B ) 4 .

ARTICLE 3

IN ANNEX II TO REGULATION ( EEC ) N 823/68 , THE DESCRIPTION OF GOODS SHALL BE AMENDED AS FOLLOWS :

1 . UNDER SUB-HEADINGS N S 04.02 A II ( A ) AND 04.02 B I ( B ) 1 , " 2 * 5 KG " SHALL BE SUBSTITUTED FOR " 5 KG " .

2 . UNDER SUB-HEADING N 04.03 A , " 85 % " SHALL BE SUBSTITUTED FOR " 84 % " .

3 . UNDER SUB-HEADING N 04.04 EI , THE TEXT SHALL BE AMENDED IN ACCORDANCE WITH THE ANNEX TO THIS REGULATION .

ARTICLE 4

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

ARTICLE 5

1 . THIS REGULATION SHALL ENTER INTO FORCE ON 16 AUGUST 1971 .

2 . THE NOMENCLATURE AMENDMENTS PROVIDED FOR IN THIS REGULATION SHALL NOT AFFECT IMPORT AND EXPORT LICENCES ISSUED BEFORE THIS REGULATION ENTERS INTO FORCE .

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

DONE AT BRUSSELS , 19 JULY 1971 .

FOR THE COUNCIL

THE PRESIDENT

L . NATALI

ANNEX

CCT * * AMOUNT OF AUTONOMOUS

HEADING * DESCRIPTION OF GOODS * DUTIES OR LEVIES ( L )

N * * ( FOR GUIDANCE )

04.02 * ( UNCHANGED )

* A . ( UNCHANGED )

* I . ( UNCHANGED )

* II . ( UNCHANGED )

* ( A ) IN IMMEDIATE PACKINGS OF A NET CAPACITY

* OF 2 * 5 KG OR LESS AND WITH A FAT CONTENT BY

* WEIGHT :

* 1 TO 4 ( UNCHANGED )

* III . ( UNCHANGED )

* B . ( UNCHANGED )

* I . ( UNCHANGED )

* ( A ) ( UNCHANGED )

* ( B ) ( UNCHANGED )

* 1 . IN IMMEDIATE PACKINGS OF A NET CAPACITY

* OF 2 * 5 KG OR LESS AND WITH A FAT CONTENT

* BY WEIGHT :

* ( AA ) TO ( CC ) ( UNCHANGED )

* 2 . ( UNCHANGED )

* II . ( UNCHANGED )

04.03 * ( UNCHANGED )

* A . WITH A FAT CONTENT NOT EXCEEDING 85 % BY WEIGHT * 24 ( L )

* B . ( UNCHANGED )

04.04 * E . ( UNCHANGED )

* I . ( UNCHANGED )

* ( A ) ( UNCHANGED )

* ( B ) ( UNCHANGED )

* 1 . ( UNCHANGED )

* 2 . TILSIT , HAVARTI AND ESROM WITH A FAT CON -

* TENT BY WEIGHT REFERRED TO DRY MATTER ( 2 )

* ( AA ) ( UNCHANGED )

* ( BB ) ( UNCHANGED ) * 23 ( L )

* 3 . KASHKAVAL ( 2 )

* 4 . CHEESE OF SHEEP'S MILK OR BUFFALO MILK ,

* IN BRINE , OR IN SHEEPSKIN OR GOATSKIN

* BOTTLES ( 2 ) * 23 ( L )

* 5 . OTHER

* ( C ) ( UNCHANGED )