31977R1971

1 . 9 . 77 Official Journal of the European Communities No L 223/49

COMMISSION REGULATION ( EEC) No 1971 /77 of 31 August 1977 on transitional measures concerning the application of the monetary compensa­ tory amounts in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN amounts valid on 4 September 1977 in respect of milk COMMUNITIES, products falling within heading No 04.04 and subheadings 04.02 A I, 17.02 A, 17.05 A, 23.07 B I a) Having regard to the Treaty establishing the European 4, 23.07 B I b) 3 and 23.07 B II of the Common Economic Community, Customs Tariff shall remain applicable to :

Having regard to Council Regulation (EEC) No (a) products exported from Member States whose 974/71 of 12 May 1971 on certain measures of currencies have depreciated unless proof is conjunctural policy to be taken in agriculture provided : following the temporary widening of the margins of fluctuation for the currencies of certain Member States ('), as last amended by Regulation (EEC) No — that they were obtained in the exporting 557/76 (2), and in particular Article 6 thereof, Member State, or

Whereas Commission Regulation (EEC) No 1824/77 — that prior to export the customs formalities for of 4 August 1977 altering the monetary compensatory importation into the exporting Member State amounts applicable to milk and milk products (3) has were completed before 28 July or after 4 changed the method for calculating monetary compen­ September 1977 ; satory amounts for milk and milk products, thus leading in principle to a reduction in the monetary compensatory amounts for the products in question ; (b) products imported into Member States whose whereas the monetary compensatory amounts for currencies have appreciated unless proof is certain other products are at the same time discon­ provided : tinued ; whereas these measures take effect on 5 September 1977 ; — that they were obtained in a non-member country or in a Member State other than the Whereas these charges affect the terms of trade for the importing Member State, or products concerned ; whereas this could lead to specu­ lation in certain products, resulting in deflections of trade ; — that prior to import the customs formalities for exportation from the importing Member State Whereas in order to avoid such deflections it should were completed before 28 July or after 4 September 1977. be laid down that for a certain period the old mone­ tary compensatory amounts are to remain applicable to exports and imports effected for the purpose of profiting from the new system ; 2. Paragraph 1 shall apply to exports and imports in respect of which the customs formalities are Whereas the measures provided for in this Regulation completed before 5 December 1977. are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 3 . The Member State responsible for levying the monetary compensatory amounts in question shall adopt the necessary control measures . HAS ADOPTED THIS REGULATION :

Article1¶

1 . By way of derogation from the Regulations Article 2 fixing the monetary compensatory amounts, the

(>) OJ No L 106, 12. 5 . 1971 , p. 1 . (2) OJ No L 67, 15. 3 . 1976, p. 1 . This Regulation shall enter into force on 5 September (3) OJ No L 203, 9 . 8 . 1977, p. 7 . 1977 .

No L 223/ 50 Official Journal of the European Communities 1 . 9 . 77

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 August 1977.

For the Commission Finn GUNDELACH Vice-President