31979R1087

2 . 6 . 79 Official Journal of the European Communities No L 137 / 1

I

(Acts whose publication is obligatory )

COMMISSION REGULATION ( EEC) No 1087/79

of 1 June 1979

amending Regulation (EEC) No 710/79 as regards certain monetary compensatory

amounts in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN Whereas Regulation ( EEC) 777 / 79 amended certain COMMUNITIES, monetary compensatory amounts in the milk and

milk products sector with effect from 4 June 1979 ;

whereas the new amounts were fixed subject to Having regard to the Treaty establishing the alteration according to the movement of the exchange European Economic Community , rates referred to in Article 2 ( 1 ) of Regulation ( EEC )

No 974/ 71 ;

Having regard to Council Regulation ( EEC ) No

974/ 71 of 12 May 1971 on certain measures of Whereas the amounts published in Regulation ( EEC) conjunctural policy to be taken in agriculture follow­ No 777/79 do not yet take account of the most ing the temporary widening of the margins of recent alterations in the monetary compensatory fluctuation for the currencies of certain Member amounts for Italy and the United Kingdom ; whereas States ('), as last amended by Regulation (EEC ) these amounts should therefore be published again ; No 987/79 (2 ), and in particular Articles 3 and 6

thereof, Whereas the measures provided for in this Regulation

are in accordance with the opinion of the Manage­

Whereas the monetary compensatory amounts ment Committee for Milk and Milk Products ,

introduced by Regulation ( EEC ) No 974/71 were

fixed by Commission Regulation ( EEC ) No 710/79

of 9 April 1979 (3 ), as last amended by Regulation HAS ADOPTED THIS REGULATION :

(EEC ) No 1020/ 79 (4 );

Article1¶

of 20 April 1979 amending Regulation ( EEC ) No Part 5 of Annex I to Regulation ( EEC ) No 710/ 79 710/79 as regards certain monetary compensatory is amended as follows : amounts in the milk and milk products sector (5 )

suspended with effect from 4 June 1979 the appli­

cation of the monetary compensatory amount for 1 . A note ( 12 ) is to be inserted in column 3 ( notes ) certain cheeses manufactured exclusively from sheep for products falling within subheadings ex 04.04 or goat milk ; whereas the method of analysis by E I a ) and ex 04.04 E I b ) 5 of the Common which these cheeses are to be checked should be laid Customs Tariff. down ; whereas this method could be laid down by

inserting a footnote in Part 5 of Annex I to Regu­

lation (EEC ) No 710/79 ; 2 . The following note shall be added after note ( n ):

'( 12 ) For cheeses manufactured exclusively from (!) OJ No L 106, 12 . 5 . 1971 , p . 1 . sheep of goat milk : (2) ÒJ No L 123, 19. 5 . 1979, p. 9 .

(*) OJ No L 90, 9 . 4. 1979, p . 1 . — the analysis check shall be carried out

4) OJ No L 127, 24. 5 . 1979 , p. 14 . by immunological methods such as

( 5 ) OJ No L 99, 21 . 4. 1979, p. 9. double immuno-diffusion and radial

No L 137/2 Official Journal of the European Communities 2 . 6. 79

immuno-diffusion , supplemented as Article 2

necessary by electrophoresis of the The ' Italia' and 'United Kingdom' columns in Part 5 caseins, of Annex I to Regulation ( EEC) No 710/79 are

— the party concerned shall be obliged, hereby replaced by those given in the Annex to this

when completing the customs formalities , Regulation .

to state in the declaration provided for Article 3 this purpose that the cheese in question

was manufactured exclusively from sheep This Regulation shall enter into force on 4 June

and / or goat milk .' 1979 .

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

States .

Done at Brussels , 1 June 1979 .

For the Commission

Finn GUNDELACH

Vice-President

3 /

. . 2 6 79 Official Journal of the European Communities No L 137

) (a kg 10 exports France /100 on FF

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (a charged (d (C (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d kg 9 and Italy 873 873 780 608 490 382 382 985 382 382 985 873 923 698 147 648 382 985 405 923 497 /100 7 7 5 7 7 5 1 1 3 3 7 5 11405 11405 13 11405 11 Lit

imports ) on (a kg 8

Ireland granted /100 £ be to ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (a (d (c (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d (d kg 7 Kingdom Amounts /100 0.685 0.685 0.612 0.477 0-384 8.952 5.794 5-794 4.698 8-952 5.794 5.794 4.698 0-685 1.510 0-548 1.510 2.470 2-745 8-952 5-794 4.698 8-952 £ 10.713 United

) ) ) ) (9 (9 ) ) ) (ii (11 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 3 ) ) (9 (9 (9 (9 (2 (2 (9 (9 (9 (9 (9 (9 (") (9 (3 (3 (') (3 (3 (i° (i° (i° Notes ) (i° (10 (*) (l

amounts : : PRODUCTS 5 weight weight by MILK ANNEX PART by , , compensatory % % AND content 25 32 content

MILK Monetary than than 2 matter matter less less Description whey dry dry but but of % % lactic 15 lactic 15 more more more more

or or or or than than exception % % % % 15 non-fatty less 15 25 32 the non-fatty less a of a of of of of of "With Of — — Of — — — —

No ) ) ) ) 1 aa bb cc aa 1 2 3 4 1 2 3 4 ) ) 1 1 1 2 heading ) ) ) ) ) ) ) a b a a) a a b b b b ) ) ) ) ) a b b b b I II I II III II II II II II II II II III III I I I I I CCT A A B B B A A A A A A A A A A B B B B B

04.01 04.01 04.01 04.01 04.01 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02 04.02

ex

4 / . . No L 137 Official Journal of the European Communities 2 6 79

) (a kg 10 exports France /100 on FF

) (a ) ) ) ) ) ) ) ) ) ) charged (d (d (d (d (d b b (d (d (d kg 9 and -( -( Italy 382 985 873 454 698 454 155 506 383 067 968 894 078 443 278 278 119 119 873 563 /100 7 5 2 2 3 3 7 Lit 27 28 22 18 10 15 15 18 18 25 21351 19

imports ) on (a

kg 8

Ireland granted /100 £ be to ) ) ) ) ) ) ) ) ) ) ) (a b b (d (d (d (d (d (d (d (d kg 7 Kingdom -( -( Amounts /100 5.794 4.698 0.685 1-926 0.548 1.926 2.477 2-752 5-556 8.197 £ 21.493 22-031 18.028 14.830 11.993 11-993 14-222 14.222 20-309 16-759 15.356 United

) ) ) ) ) ) ) ) ) ) ) (5 (5 ) ) ) ) ) ) ) ) ) ) ) ) 3 (3 (3 (3 (8 (s (8 (3 (3 (4 ) ) (4 (6 (8 (6 (8 (6 (8 (6 (6 (6 (6 (6 Notes (4 (4

: : from

weight weight : by : Parmigiano , by , , matter exclusively % % % % matter content 25 32 82 30 dry Padano content dry than the than : than than the 2 matter in in Grana matter less less less less Description Roquefort manufactured dry of but weight dry but but but of weight by weight % % % % % by by lactic 15 15 80 10 more lactic more more more more more more more 55 more cheeses

or or or or or or or or or exception than than content than than than and % % % % % % exception % % % content content less 15 less 15 25 32 less 80 82 less 10 30 less 55 the milk non-fatty the non-fatty fatty fat fat a of of a of of of of a of of of a of of of a of of

Of — — Of — — — — Of — — — With Of — — — Of — — With Reggiano sheep

No ) ) ) 1 bb cc bb 1 2 heading 2 2 ) ) ) 1 2 ) ) ) ) a b a a b ) ) ) b b a b b I I II II II II II II I I I CCT A B B B B B A C D D D E E E

04.02 04.02 04.02 04.02 04.03 04.03 04.04 04.04 04.04 04.04 04.04 04.04 04.04 04.04

ex ex

5 /

. . 2 6 79 Official Journal of the Communities No L 137 European

) (a kg 10 exports France /100 on FF

) (a charged — — — kg 330 310 9 510 563 976 254 534 697 873 556 232 724 310 and Italy 9 4 7 /100 14 19 15 25 16 Lit

imports ) OH (a

kg 8

Ireland granted /100 £ be to ) (a kg 7 Kingdom — — — Amounts /100 7.830 3.559 6.042 0.182 0.568 0-259 0.243 0.243 £ 11.389 15.356 11-973 20.309 12.995 United

) ) ) ) ) ) ) ) ) ) ) ) 3 (6 (6 (6 (6 (7 (s (6 (6 (6 (') (7 (7 (7 Notes

. , a of by of , goats : those water Saint Danbo cheeses cheeses Havarti , a , and as non-fatty or weight : , : matter of content : : % by ) those those manufactured the 62 well dry fat Gouda sheep matter as milk of a Ragusano to content , as content content , and of : dry Saint-Nectaire fat well cheeses fat fat from goats calculated the Fynbo , , exceeding weight and as or in milk 2 , referred matter milk milk Ricotta , % Provolone not those by of , of of , Butterkase Description dry % 62 % % Tilsit content Kernhem sheep % % , weight Fontina to , exclusively weight 10 10 salted more , more % , matter by each each each by or or , 10 water from more , than than Samsø a % (excluding calculated % for Italico Taleggio or for for Caciocavallo Fontal than exceeding referred , , than , of less 10 , , , , less 10 , % content ) non-fatty content of of of of less 10 fat product product product Asiago Edam Maribo (other manufactured milk the fat — — Esrom Paulin cheeses exclusively content matter weight — — a of of . of of of — — Of — — net net net

product kg kg kg

of 100 100 100

net per per per kg

No 100 amount amount amount per 1 5 3 4 3 3 heading ) ) ) a b ) ) ) b c) a a b c) I I II II I I I I II CCT amount E E E E B B B B B

Basic Supplementary Supplementary Supplementary 04.04 04.04 04.04 04.04 23.07 23.07 23.07 23.07 23.07 ) ) ) ) ex (a (b (c (d

No L 137/ 6 Official Journal of the European Communities 2 . 6. 79

Notes

(x ) For skimmed-milk powder sold pursuant to Regulation ( EEC ) No 2054/76 ( OJ No L 228 , 20 . 8 . 1976) the amount indicated shall be multiplied by the coefficient 0.94. However, the previous coefficient of 0.93 shall continue to apply for skimmed-milk powder of which delivery was taken pursuant to Regulation ( EEC) No 2054/76 before 11 February 1979 .

For skimmed-milk powder consigned to Italy from another Member State in accordance with Regulation (EEC) No 1624/76 ( OJ No L 180, 6 . 7. 1976 ) the amount indicated shall be multiplied by the coefficient 0.55 .

For skimmed-milk powder sold pursuant to Regulation (EEC) No 368 /77 ( OJ No L 52, 24 . 2 . 1977) or Regulation (EEC) No 443/77 ( OJ No L 58 , 3 . 3 . 1977), consigned in the natural state to another Member State, the amount indicated shall be multiplied by the coefficient 0.15 .

(J) In intra-Community trade , where the product has been denatured in accordance with Article 2 of Regulation (EEC) No 990/72 ( OJ No L 115 , 17 . 3 . 1972), the basic amount and any additional amount shall be replaced by a single amount of :

— £ 4-933 per 100 kg for the United Kingdom,

— Lit 6 285 per 100 kg for Italy .

3) The basic amount for 100 kg of product falling within this subheading shall be equal to the sum of the following components : ( a) the amount per 100 kg indicated multiplied by 1/100 of the weight of the lactic part contained in 100 kg of product. However, where whey and/or lactose have been added to the product, the amount resulting from the preceding calculation shall be : — multiplied by the weight of the lactic non-fat part , other than the added whey and/or lactose, contained in 100 kg of the product,

and then

— divided by the weight of the non-fat lactic part contained in 100 kg of the product;

( b) an additional amount for each percentage point of sucrose content of 100 kg net of the product, equal to 1/100 of the amount indicated in Part 7 of this Annex under subheading 17.01 A ( undenatured) of the Common Customs Tariff.

When completing customs formalities , the applicant shall state on the declaration provided for this purpose :

— the actual content by weight of added whey and / or added lactose per 100 kg of finished product, and, in particular :

— the lactose content of the added whey .

4) However, for butter covered by the measures provided for :

— in Regulation ( EEC) No 1282/72 ( OJ No L 142 , 22 . 6 . 1972), the amount indicated shall be multiplied by the coefficient 0-40 ; — in Regulation (EEC) No 1717/72 ( OJ No L 181 , 9 . 8 . 1972 ), the amount indicated shall be multiplied by the coefficient 0.40 ; — in Regulation (EEC) No 649/78 ( OJ No L 86, 1 . 4 . 1978 ), the amount shall be multiplied by the coefficient 0.40 ;

— in Regulation (EEC) No 232/75 ( OJ No L 24 , 31 . 1 . 1975), the amount indicated shall be multiplied :

— by the coefficient 0.33 where the butter is to be used in formula A products ,

— by the coefficient 0.53 where the butter is to be used in formula B products ;

— in Regulation ( EEC) No 262/79 ( OJ No L 41 , 16. 2 . 1979 ), the amount shall be multiplied :

— by the coefficient 0.33 where the butter is to be used in formula A or formula C products,

— by the coefficient 0.53 where the butter is to be used in formula B products .

5) For imports into the United Kingdom from New Zealand pursuant to Protocol 18 , the monetary compensatory amount shall be £ 11.017 per 100 kg and the coefficient shall not be applied to the special levy.

8) With respect to cheese rinds and wastes the monetary compensatory amount applicable shall be that applicable to products of subheading 04.04 E I c) of a fat content, by weight, in the dry matter of 10 % or more. Products unfit as such for human consumption shall be regarded as cheese wastes.

7) When completing customs formalities , the applicant shall state in the declaration provided for this purpose the content , expressed in actual weight per 100 kg of finished product , of : — powdered or granulated milk (excluding whey),

— powdered or granulated whey , — added casein and / or caseinate .

2 . 6 . 79 Official Journal of the European Communities No L 137/7

If the milk products contain powdered or granulated milk (excluding whey) the amount shown shall be increased by the following supplementary amounts :

Germany Belgium/ Netherlands United Ireland Italy France Content by weight in powdered or granulated Luxembourg Kingdom milk (excluding whey) in the finished product of: Bfrs / Lfrs/ DM/ 100 kg Fl/100 kg £/100 kg £/100 kg Lit/ 100 kg FF/ 100 kg 100 kg

More than 12 but less than 30 % 0.987 1 257

30 or more but less than 50 % 1-973 2 514

50 or more but less than 70 % 2.960 3 771

70 or more but less than 80 % 3.700 4 713

80 % or more 4.193 5 342

In trade with non-member countries, the coefficient 1.81 shall be applied to the supplementary amounts indicated above. The coefficient shall , however, be 1.71 in the case of products containing skimmed-milk powder sold pursuant to Regulation (EEC ) No 2054/76 ( OJ No L 228, 20. 8 . 1976). The previous coefficient of 1.68 shall nevertheless con­ tinue to apply for skimmed-milk powder of which delivery was taken pursuant to Regulation ( EEC) No 2054/76 before 11 February 1979 .

In intra-Community trade, where the product has not been produced in accordance with Regulation (EEC) No 990/72 ( OJ No L 115, 17. 3 . 1972 ), the coefficient 1.81 shall be applied to the supplementary amounts indicated above. However, this coefficient shall not be applied to products consigned to Italy from another Member State in accordance with Regulation (EEC) No 1624/76 ( OJ No L 180, 6. 7. 1976).

In intra-Community trade and in trade with third countries, where these products contain :

— skimmed-milk powder sold and denatured in accordance with the provisions of Regulation (EEC) No 368/77 ( OJ No L 52, 24. 2. 1977) and Regulation ( EEC) No 443 /77 ( OJ No L 58 , 3 . 3 . 1977 ) or for which the aid has been granted and skimmed-milk powder which has been denatured in accordance with the provisions of Regulation (EEC) No 1844/77 ( OJ No L 205, 11 . 8 . 1977),

and

— either fish meal or fish oil and/or fish liver oil or iron carbonate and/or iron sulphate and/or copper sulphate,

the supplementary amounts indicated above shall be multiplied by the coefficient 0.27.

8) The basic amount for 100 kg of product falling within this subheading shall be equal to the sum of the following components :

( a) the amount per 100 kg indicated . However, where whey and/or lactose have been added to the product, the amount indicated shall be :

— multiplied by the weight of the lactic non-fat part other than the added whey and/or added lactose product,

and then

— divided by the weight of the non-fat lactic part contained in 100 kg of the product ;

(b ) an additional amount for each percentage point of sucrose content of 100 kg net of the product, equal to 1/100 of the amount indicated in Part 7 of this Annex under subheading 17.01 A (undenatured ) of the Common Customs Tariff.

When completing customs formalities, the applicant shall state on the declaration provided for this purpose :

— the actual content by weight of added whey and/or added lactose per 100 kg of the product,

and, in particular :

— the lactose content of the added whey .

9) The basic amount for 100 kg of product falling within this subheading shall be equal to the amount indicated . How­ ever, where whey and/or lactose have been added to the product, the basic amount shall be equal to the amount indicated :

— multiplied by the weight of the non-fat part, other than the added whey and/or added lactose, contained in 100 kg of the product,

and then

— divided by the weight of the non-fat part contained in 100 kg of the product.

When completing customs formalities, the applicant shall state on the declaration provided for this purpose :

— the actual content by weight of whey and/or lactose added per 100 kg of finished product, and, in particular :

— the lactose content of the added whey.

No L 137/ 8 Official Journal of the European Communities 2 . 6. 79

10) In the case of products to which whey and/or lactose have been added, no compensatory amount shall be granted. However, the amounts indicated shall apply if compensatory amounts have to be charged.

When completing customs formalities :

— in respect of exports from a Member State with an appreciated currency, — in respect of imports into a Member State with a depreciated currency,

— in respect of exports from a Member State making use of the option provided for in Article 2a of Regulation (EEC) No 974/71 , the applicant shall state on the declaration provided for this purpose whether or not whey and/or lactose have been added to the product.

( u ) For cream covered by the measures provided for in Regulation (EEC) No 649/78 ( OJ No L 86, 1 . 4. 1978 ), the monetary compensatory amount shall be multiplied by the coefficient 0.40.

NB : For the calculation of fat content, non-milk fats are not to be taken into account.