31988R3508

11 . 11 . 88 Official Journal of the European Communities No L 306/67

COMMISSION REGULATION (EEC) No 3508/88 of 10 November 1988 amending Regulation (EEC) No 1928/88 as regards certain accession compensatory amounts in trade with Spain in certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. In the Annex :

Having regard to the Treaty establishing the European (a) the columns headed 'CN code' and 'Description of Economic Community, goods' corresponding to codes 0402, 0403 and 0404 are replaced by the following : Having regard to Council Regulation (EEC) No 466/86 of 25 February 1986 determining the general rules for the 'CN code Description of goods system of accession compensatory amounts for milk and milk products on account of the accession of Spain ('), ex 0402 Milk and cream, concentrated or and in particular Article 6 thereof, containing added sugar or other sweetening matter excluding goats' or sheep's milk and cream Whereas, pursuant to Commission Regulation (EEC) No 1928/88 of 30 June 1988 laying down the level of the accession compensatory amounts for milk and milk ex 0403 Buttermilk, curdled milk and cream, products applicable for the 1988/89 milk year in trade yoghurt, kephir and other fermented or with Spain (2), as amended by Regulation (EEC) No acidified milk and cream, whether or not 2992/88 (3), accession compensatory amounts have been concentrated or containing added sugar fixed for milk and cream excluding goats' and sheep's or other sweetening matter or flavoured milk an cream ; whereas, however, for most of the other or containing added fruit or cocoa, milk products, accession compensatory amounts have excluding products manufactured been fixed without taking account of the origin of the exclusively from, goats' and sheeps's milk and cream milk used ; whereas, to avoid deflection of trade, the application of accession compensatory amounts for milk products should be ruled out if they are manufactured ex 0404 Whey, whether or not concentrated or using goats' or sheep's milk ; containing added sugar or other sweetening matter ; products consisting Whereas it should also be specified that for products of natural milk constituents, whether or not containing added sugar or other comprising mixtures, the compensatory amount sweetening matter, not elsewhere applicable is to be that corresponding to the sum of the specified or included excluding products compensatory amounts fixed for each constituent ; manufactured exclusively from goats' or sheep's milk and cream' Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

(b) the reference '(") is added opposite CN code 0404 90 in the column headed 'Compensatory amount in ECU' ; HAS ADOPTED THIS REGULATION : (c) the following footnote (u) is added :

Article 1 '(") The accession compensatory amount for products comprising various milk products is Regulation (EEC) No 1928/88 is hereby amended as equal to the sum of the compensatory amounts follows : applicable to each of the constituents taking account of the quantities incorporated.' ; 1 . The following paragraph is added to Article 1 : (d) (Only concerns the French version.); 'However, no accession compensatory amount shall be granted on the export from Spain of milk products (e) under 'NB' : covered by CN codes 0401 , 0402, 0403 and 0404 containing goats' or sheep's milk or cream'. — 'and of cheese manufactured' is hereby replaced by 'and the products manufactured', (') OJ No L 53, 1 . 3. 1986, p. 23. 0 OJ No L 169, 1 . 7. 1988, p. 25. — 'the cheese in question' is hereby replaced by 0 OJ No L 270, 30. 9. 1988, p. 59. 'the product in question'.

No L 306/68 11 . 11 . 88 Official Journal of the European Communities

Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

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

Done at Brussels, 10 November 1988 .

For the Commission Frans ANDRIESSEN Vice-President