31988R0611

5. 3. 88 Official Journal of the European Communities No L 60/ 19

COMMISSION REGULATION (EEC) No 611/88 of 4 March 1988 amending Regulations (EEC) No 1767/82 and (EEC) No 3938/87 as regards the non­ application of monetary compensatory amounts for certain cheeses imported under special conditions

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organi­ zation of the market in milk and milk products ('), as last amended by Regulation (EEC) No 3904/87 (2), and in particular Article 14 (7) thereof, Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compen­ satory amounts in agriculture (3), as last amended by Regulation (EEC) No 1889/87 (4), and in particular Article 12 thereof, Whereas Article 8 of Commission Regulation (EEC) No 1767/82 of 1 July 1982 laying down detailed rules for applying specific import levies on certain milk products 0, as last amended by Regulation (EEC) No 222/88 (*), provides that no compensatory amount is to apply when certain cheeses imported from third countries meeting certain conditions are put into free circulation ; whereas it should be specified that only monetary compensatory amounts are involved ; whereas it should be stipulated that the rule also applies where the product imported into the Commu­ nity without having to comply with the minimum price is despatched from the importing Member State to another Member State or re-exported to a third country ; Whereas, for the sake of clarity, the particulars in tables 11 , 13 and 14 in Part 5 of Annex I (Appendix to Annex I) to Commission Regulation (EEC) No 3938/87 of 23 December 1987 fixing the monetary compenstory amounts applicable in the agricultural sector and certain co­ efficients and rates required for their application Q, as last amended by Regulation (EEC) No 602/88 (*), should be amended accordingly and at the same time certain material errors relating to the combined nomenclature should be corrected :

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION :

Article 1 Article 8 of Regulation (EEC) No 1767/82 is hereby replaced by the following : 'Article 8 1 . No monetary compensatory amounts shall apply when the products listed in Annex I (b), (c), (d), (g), (h), (i), (j), (m), (n), (o), (p) and (s) are put into free circulation. 2. Where products listed in Annex I (b), (h), (i) or (s), after being put into free circulation in the importing Member State, are despatched to another Member State or re-exported, no monetary compensatory amounts shall apply.'

Article 2 Part 5 of Annex I to Regulation (EEC) No 3938/87 is hereby amended as follows : (a) the line opposite CN code 0406 30 31 and additional code 7239 is deleted ; (b) 'the particulars relating to CN code 0406 90 89 are amended as follows :

(') OJ No L 148, 28. 6. 1968, p. 13. 0 OJ No L 370, 30. 12. 1987, p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 6. (4) OJ No L 182, 3. 7. 1987, p. 1 . 0 OJ No L 196, 5. 7. 1982, p. 1 . («) OJ No L 28, 1 . 2. 1 988, p. 1 . 0 OJ No L 372, 31 . 12. 1987, p. 1 . (■) OJ No L 61 , 7. 3. 1988, p. 1 .

No L 60/20 Official Journal of the European Communities 5. 3. 88

Positive Negative I \ I

Ger­ Nether­ United Belgium/ Den­ Italy France Greece Ireland Spain Portugal Addition­ many lands Kingdom Luxem­ mark 'CN code Table al Notes bourg code

DM F1 £ Bfrs/Lfrs Dkr Lit FF Dr £ Irl Pta Bsc \ I

14 \ ' 0406 90 89 7253 \

14 7254 — — — . — — — — — — ■ — — 14 7255 6,94 7,78 21,619 13 928 53,79 12 319,3 5,988 7256 8,13 9,11 25,319 16 311 63,00 14 427,7 7,012 14 7257 4,77 5,35 14,863 — — 9 575 36,98 8 469,5 4,116 — — 14 7258 6,36 7,13 19,822 12 770 49,32 11 295,6 5,490

Article3¶

In the Appendix to Annex I (additional codes) to Regulation (EEC) No 3938/87 :

(a) tables 11 , 13 and 14 are replaced by the following :

TABLE 11

CN code Description

0406 90 11 — Mixtures of different — Cheeses imported from third coun­ — Other types of cheese with a tries under the provisions laid down free-at-frontier price of in Regulation (EEC) No 1767/82 pro­ Of a water Of a fat content by less than 140 ECU per vided that they are covered by Annex content cal­ weight in the dry 100 kg net weight : I (i) to that Regulation if it is estab­ matter : culated by lished that they correspond to the weight of the description given therein : non-fatty — Cheeses as referred to above des­ matter : patched from the importing Member State to another Member State or ex­ ported :

- Not Of less exceeding than 10% : 7244 62 % : Of 10 % or more : 7245 7242 7243 Exceeding Of less 7246 62 % : than 10% :

Of 10 % 7247' » or more :

5. 3 . 88 Official Journal of the European Communities No L 60/21

TABLE 13

CN code Description

0406 90 21 — Cheeses imported from third countries under the provisions laid down in Regulation (EEC) No — Other 1767/82 provided that the free-at-frontier value applicable for the cheese in question is respec­ ted (8®), or provided that they are covered by Annex I (g) or (h) to that Regulation if it is established that they correspond to the description given therein : — Cheeses as referred to above, provided they appear in Annex (h) to Regulation (EEC) No 1767/82, despatched from the importing Member State to another Member State or exported :

7251 7252

TABLE 14

CN code Description

- Other : 0406 90 23 — Cheeses made exclusi­ — Cheeses imported from third coun­ 0406 90 25 vely from goat or sheep tries under the provisions laid down 0406 90 27 milk : in Regulation (EEC) No 1767/82 pro­ Of a water Of a fat content by 0406 90 29 vided that the import price is not less content cal­ weight in the dry 0406 90 31 than the amount specified in Article matter : culated by 0406 90 33 8 of Regulation (EEC) No 2915/79 for weight of the 0406 90 39 the cheese in question, and/or that non-fatty 0406 90 50 they are covered, by Annex I (m), (n), matter : 0406 90 89 (o), (p) or (s) to Regulation (EEC) No 1767/82 if it is established that they correspond to the description given therein :

— Cheeses as referred to above provided they appear in Annex I (s) to Regula­ tion (EEC) No 1767/82, despatched from the importing Member State to another Member State or exported :

Not Of less exceeding than 10% : 7255 62 % :

Of 10 % or more : 7256 7253 7254 Exceeding Of less 7257 62 % : than 10% :

Of 10 % 7258' or more :

(b) CN code 0406 90 89 is deleted from Table 15.

Article4¶

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

No L 60/22 Official Journal of the European Communities 5. 3 . 88

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

Done at Brussels, 4 March 1988 . For the Commission Frans ANDRIESSEN Vice-President