31978R1030

20 . 5 . 78 No L 132/71 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1030/78

of 19 May 1978

amending Regulation (EEC) No 938/77 fixing the monetary compensatory amounts and certain rates for their application

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture Article 1 following the temporary widening of the margins of fluctuations for the currencies of certain Member In Part 5 of Annex 1 to Regulation (EEC) No 938 /77 : States (*), as last amended by Regulation (EEC) No 557/76 (2), and in particular Article 6 thereof, (a) The reference '(3)' in the third column for the second indent of subheading 04.02 B II a) and for Whereas the monetary compensatory amounts insti­ the second indent of subheading 04.02 B II b) is tuted by Regulation (EEC) No 974/71 were fixed by hereby replaced by '(8)' ; Commission Regulation (EEC) No 938/77 (3), as last (b) the following Note (8) is hereby added to the list amended by Regulation (EEC) No 985/78 (4) ; of notes : Whereas in Part 5 of Annex 1 to Regulation (EEC) No '(8) the basic amount for 100 kg of product under 938/77 the calculation of the basic amount specified this subheading equal to the sum of the in Note (3) applies, under the present wording, to following products falling within subheading 04.02 B II a), of a non-fatty lactic dry matter content of at least 15 % (a) the amount per 100 kg indicated ; and to subheading 04.02 B II b) of a non-fatty lactic (b) an additional amount for each percentage dry matter content of at least 15 % but less than saccharose content in 100 kg net of the 25 % by weight ; whereas this method of calculation product, equal to 1 / 100 of the amount indi­ is based on two components : the milk and cream cated in Part 7 of Annex 1 to this Regula­ content of the product and its sugar content ; whereas tion under subheading 17.01 A (undena­ the first of these components does not correspond to tured) of the Common Customs Tariff.' the actual composition of the product and the calcula­ tion of the basic amount should therefore be Article 2 changed ;

Whereas the present practice has been in use since 30 This Regulation shall enter into force on 21 May January 1978, when the method of calculating the 1978 . monetary compensatory amounts was modified ; whereas the change introduced should be applicable However, on request by any interested party, the with effect from that date at the request of any inte­ method of calculation indicated in Article 1 shall rested party ; apply with effect from 30 January 1978 .

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

Done at Brussels, 19 May 1978 .

For the Commission

Finn GUNDELACH

Vice-President

(•) OJ No L 106, 12. 5. 1971 , p. 1 . (2) OJ No L 67, 15. 3 . 1976, p. 1 . (3) OJ No L 110, 30 . 4. 1977, p. 6. (4) OJ No L 128 , 17. 5. 1978 , p. 15.