31980R2594

No L 267/ 16 Official Journal of the European Communities 10 . 10 . 80

COMMISSION REGULATION (EEC) No 2594/80

of 9 October 1980

fixing the special levy applicable to New Zealand butter imported into the United Kingdom

THE COMMISSION OF THE EUROPEAN whereas, under Article 2 of Commission Regulation COMMUNITIES , (EEC) No 2856/77 of 21 December 1977 fixing the special levy applicable to New Zealand butter Having regard to the Treaty of Accession , and in parti­ imported into the United Kingdom (4), Commission cular Protocol 18 thereto , Regulation (EEC) No 465/73 of 31 January 1973 laying down detailed rules for the application of the Having regard to Council Regulation (EEC) No special system for the import of New Zealand butter 1655/76 of 29 June 1976 extending the transitional and cheese into the United Kingdom (5) is to be appli­ arrangements for the import of New Zealand butter cable to butter imported under Regulation (EEC) No into the United Kingdom ('), and in particular Article 1 655/ 76 ; 8 thereof,

Whereas the measures provided for in this Regulation Whereas, in accordance with Article 3 ( 1 ) of Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 1655/76, a special levy is applied to ment Committee for Milk and Milk Products , New Zealand butter imported into the United Kingdom pursuant to this Regulation ;

Whereas, under Article 3 (2) of Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1655/76, the special levy is fixed on the basis of the difference between :

Article 1 — the market price of New Zealand butter in the United Kingdom , and The special levy referred to in Article 3 of Regulation — the cif price fixed under Council Regulation (EEC) (EEC) No 1655/76 shall be 251 8 ECU per 100 kilo­ No 2540/80 of 30 September 1980 fixing the price grams of butter. to be observed at the cif stage for imports of New Zealand butter into the United Kingdom (2), plus the total costs between the cif stage and the stage Article 2 of initial sale ;

The United Kingdom shall take the measures neces­ Whereas Article 3 (3) of Regulation (EEC) No 1655/ 76 sary to ensure that New Zealand butter, imported provides that, in order to ensure an effective turnover subject to the levy fixed in Article 1 , is not used for of yearly quantities, the special levy must be fixed at a processing but only for direct consumption within the level permitting the sale of butter at a consistent rate meaning of Article 1 (a) of Regulation (EEC) No without disrupting the market in Community butter ; 1269/79 on the territory of the United Kingdom and to this effect, it is necessary to take account also of the to require payment of an amount equal to the aid aid granted in the United Kingdom to Community granted under Regulation (EEC) No 1269/79 in the butter under Regulation ( EEC) No 1269/79 (3), which event of unauthorized use . affects the selling prices of this butter in that Member State ; The amounts thus collected shall be considered as a levy within the meaning of the first indent of Article Whereas the application of these rules to the situation 2 (a) of Council Decision 70/ 243/ ECSC, EEC, on the United Kingdom market results in the special Euratom of 21 April 1970 on the replacement of finan­ levy being fixed at the level given below ; cial contributions from Member States by the Commu­ Whereas, in order to prevent New Zealand butter qual­ nities' own resources (6). ifying for the said special levy from being used for industrial purposes at a lower price level than that of Article 3 butter of Community origin intended for the same purposes, it should be laid down that the New Zealand butter in question may be used only for This Regulation shall enter into force on 10 October 1980 . direct consumption ;

(') OJ No L 185, 9 . 7 . 1976, p. 1 . (4 ) OJ No L 329 , 22. 12. 1977, p . 34. (*) OJ No L 260 , 3 . 10 . 1980 , p. 1 . (5 ) OJ No L 53 , 26 . 2 . 1973 , p. 36 . (3 ) OJ No L 161 , 29 . 6 . 1979 , p. 8 . (') OJ No L 94, 28 . 4. 1970 , p. 19 .

10 . 10 . 80 No L 267/ 17 Official Journal of the European Communities

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

Done at Brussels, 9 October 1980 .

For the Commission

Finn GUNDELACH

Vice-President