31972R2138

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

( 2 ) OJ NO L 148 , 3 . 7 . 1971 , P . 4 .

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

( 4 ) OJ NO L 79 , 1 . 4 . 1972 , P . 6 .

REGULATION ( EEC ) NO 2138/72 OF THE COUNCIL OF 3 OCTOBER 1972 AMENDING 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 ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) NO 1411/71 , ( 2 ) AND IN PARTICULAR ARTICLE 14 ( 6 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS ARTICLE 8 OF 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 650/72 , ( 4 ) FIXED , INTER ALIA , THE LEVY ON CHEESES FALLING WITHIN SUBHEADINGS NOS 04.04 E I ( B ) 3 AND 04.04 E I ( B ) 4 OF THE COMMON CUSTOMS TARIFF IN CASES WHERE THEIR PRICE ON IMPORTATION INTO THE COMMUNITY IS RECORDED TO BE NOT LESS THAN CERTAIN MINIMUM PRICES ; WHEREAS THE MARKET SITUATION OF THOSE CHEESES MAKES IT POSSIBLE FOR THE COMMUNITY TO INCREASE THESE MINIMUM PRICES AND TO REDUCE THE LEVY ACCORDINGLY ;

WHEREAS , MOREOVER , ONE OF THE FREE-AT-FRONTIER VALUES GIVEN IN ANNEX II TO THAT REGULATION MUST BE CORRECTED ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

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

" 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 :

- 95 UNITS OF ACCOUNT PER 100 KG , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING NO 01.04 E I ( B ) 2 OR 04.04 E I ( B ) 3 , OR

- 80 UNITS OF ACCOUNT PER 100 KG , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING NO 04.04 E I ( B ) 4 ,

THE LEVY PER 100 KG SHALL BE EQUAL :

1 . FOR PRODUCTS FALLING WITHIN SUBHEADING NO 04.04 E I ( B ) 2AA , 04.04 E I ( B ) 3 OR 04.04 E I ( B ) 4 , TO THE THRESHOLD PRICE MINUS 95 UNITS OF ACCOUNT ,

2 . FOR PRODUCTS FALLING WITHIN SUBHEADING NO 04.04 E I ( B ) 2BB , TO THE SUM OF THE FOLLOWING COMPONENTS :

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

( B ) A COMPONENT EQUAL TO 20 UNITS OF ACCOUNT . "

ARTICLE 2

1 . IN ANNEX II TO REGULATION ( EEC ) NO 823/68 , " 162.58 UNITS OF ACCOUNT " SHALL BE SUBSTITUTED FOR THE FREE-AT-FRONTIER VALUE " 162.33 UNITS OF ACCOUNT " INDICATED FOR THE PRODUCTS FALLING WITHIN SUBHEADING NO 04.04 A I .

2 . THE NOMENCLATURE AMENDMENT RESULTING FROM PARAGRAPH 1 SHALL BE INCORPORATED IN THE COMMON CUSTOMS TARIFF .

ARTICLE 3

1 . THIS REGULATION SHALL ENTER INTO FORCE ON 16 OCTOBER 1972 .

2 . THE NOMENCLATURE AMENDMENT PROVIDED FOR IN ARTICLE 2 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 LUXEMBOURG , 3 OCTOBER 1972 .

FOR THE COUNCIL

THE PRESIDENT

P . LARDINOIS