31978R2378

No L 287/ 10 13 . 10 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2378/78 of 12 October 1978 amending Regulation (EEC) No 1036/78 fixing the monetary compensatory amounts and certain coefficients and rates for their application

THE COMMISSION OF THE EUROPEAN (a) The reference footnote '(9) in column 3 is replaced COMMUNITIES, by the reference '(10)' for the products of the following subheadings of the Common Customs Tariff : Having regard to the Treaty establishing the European Economic Community, 04.01 A I 04.01 A II Having regard to Council Regulation (EEC) No 04.01 B I 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture 04.01 B II 04.01 B III : following the temporary widening of the margins of fluctuations of the currencies of certain Member States (!), as last amended by Regulation (EEC) No 557/76 (2), and in particular Article 6 thereof, (b) In column 1 '04.01 A I is replaced by 'ex 04.01 A I' and in column 2 the words 'with the exception Whereas in accordance with Part 5 of Annex I to of whey' are added in respect of that subheading. Commission Regulation (EEC) No 1036/78 of 19 May 1978 fixing the monetary compensatory amounts and (c) The text of footnote (9) is amended to read as certain coefficients and rates for their application (3), follows : as last amended by Regulation (EEC) No 2370/78 (4), no amount is applied either for whey or for the proportion of whey contained in milk and cream ; '(9) The basic amount for 100 kg of product falling whereas it is therefore provided in footnote (9) that within this subheading is the amount indicated when completing the customs formalities the inte­ multiplied by 1 / 100 of the weight of milk, rested party must indicate the actual whey content of other than whey added, contained in the the product by weight ; whereas, however, certain non-fat part of the product. (When the fat products falling within heading No 04.01 of the content is less than 1.5 % this percentage shall Common Customs Tariff cannot normally contain be considered nil). whey by their very nature or their uses ; whereas, in these cases, in order to simplify the checks on trade the compensatory amounts should not be granted When completing the customs formalities the where whey has been added ; whereas it should be party concerned must indicate in the special specified in footnote (9) that the weight of milk and declaration for this purpose : milk cream other than whey should be based on the non-fat part of the product and should relate only to — the whey content added per 100 kg of whey added to the product in question ; finished product, and in particular :

— the lactose content of the whey added.' Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, (d) The following footnote (10) is added :

'( 10) No compensatory amount shall be granted for HAS ADOPTED THIS REGULATION : products to which whey has been added. However, the indicated amounts apply where compensatory amounts have to be levied. Article 1 When completing the customs formalities : Part 5 of Annex I to Regulation (EEC) No 1036/78 is amended as follows : — for exports, in a Member State with an appreciated currency, (') OJ No L 106, 12. 5. 1971 , p. 1 . (2) OJ No L 67, 15. 3 . 1976, p. 1 . (3) OJ No L 133, 22. 5 . 1978 , p. 1 . — for imports, in a Member State with a (4) OJ No L 286, 12. 10 . 1978, p. 20 . depreciated currency,

13 . 10 . 78 No L 287/ 11 Official Journal of the European Communities

— for exports, in a Member State using the Article 2 option provided for in Article 2a of Regula­ This Regulation shall enter into force on the day of its tion (EEC) No 974/71 , publication in the Official Journal of the European the party concerned must indicate in the Communities. special declaration for this purpose whether or not whey has been added to the product.' It shall apply with effect from 16 October 1978 .

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

Done at Brussels, 12 October 1978 . For the Commission

Finn GUNDELACH Vice-President