31979R0548

23 . 3 . 79 No L 72 / 23 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 548 / 79 of 22 March 1979 amending Part 8 of Annex I to Regulation ( EEC) No 1036/78 fixing the mone­ tary compensatory amounts and certain coefficients and rates for their applica­ tion

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community, Part 8 of Annex I to Regulation (EEC) No 1036/78 is amended as follows : Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of 1 . In respect of goods falling within tariff subheadings conjunctural policy to be taken in agriculture 18.06 D I b), 18.06 D II a) 2, 21.07 G II a), 21.07 G following the temporary widening of the margins of fluctuation for the currencies of certain Member II b) and 21.07 G II c) a note as follows is added : States ('), as last amended by Regulation ( EEC) No '(8) If the product contains added whey and/or 557/76 (2), and in particular Article 6 thereof, lactose no compensatory amount shall be granted for the milk products incorporated ; in Whereas the monetary compensatory amounts intro­ such cases the compensatory amount is to be duced under Regulation ( EEC) No 974/71 were fixed calculated on the quantities of common wheat by Commission Regulation ( EEC) No 1036/78 ( 3), as and sugar indicated in the Annex to Regulation last amended by Regulation ( EEC) No 547/79 (4) ; ( EEC) No 1060 / 69 , less 10 % .

When completing customs formalities : Whereas no monetary compensatory amount is applied to unprocessed whey or whey incorporated in — in respect of exports from a Member State other products of the milk and milk products sector ; with a depreciated currency, whereas in the last few weeks preparations containing — in respect of imports from a Member State whey and a small quantity of cocoa have been manu­ with an appreciated currency, factured for the purpose of profiting from monetary compensatory amounts applicable to goods not listed — in respect of exports from a Member State in Annex II to the Treaty ; whereas these preparations making use of the option provided for in fall within tariff subheading 18.06 D and the character­ Article 2a of Regulation (EEC) No 974/71 , istics of goods falling within tariff subheading 21.07 G the applicant shall state on the declaration II are such that there is a risk of similar abuse ; provided for this purpose whether or not whey whereas it is consequently necessary to discount the and/or lactose have been added to the product. milk component of such products in calculating the monetary compensatory amount if whey and/or However, if compensatory amounts have to be lactose has been added ; whereas goods made up in charged, the amounts fixed shall apply small packages can however be excluded from the normally.' scope of this provision ;

2. In respect of goods falling within tariff subheadings Whereas the above measure is limited for the moment 21.07 G II a), 21.07 G II b) and 21.07 G II c) a note to products for which the situation referred to above as follows is added : has arisen or might easily arise ; whereas its extension to other products if similar operations are mounted '(9) The first and second parts of note (8) shall not must be anticipated ; apply to goods in immediate packings of a net capacity of 1 kg or less.' Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Article 2

(') OJ No L 106, 12. 5 . 1971 , p. 1 . This Regulation shall enter into force on the 15th day (2 ) OJ No L 67, 15 . 3 . 1976 , p. 1 . (3 ) OJ No L 133 , 22 . 5 . 1978 , p. 1 . following its publication in the Official Journal of (4) See page 19 of this Official Journal . the European Communities.

No L 72 / 24 23 . 3 . 79 Official Journal of the European Communities

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

Done at Brussels , 22 March 1979 . For the Commission

Finn GUNDELACH Vice-President