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COUNCIL REGULATION (EEC) No 1463/82
of 27 May 1982
amending Regulation (EEC) No 2915/79 as regards the conditions for the entry of certain cheeses under certain tariff headings and Regulation (EEC) No 950/68 on the Common Customs Tariff
THE COUNCIL 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 organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1183/82 (2), and in particular Article 14 (6) thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 2915/79 of 18 December 1979 determining the groups of products and the special provisions for calculating levies on milk and milk products and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 1191/82 (4), lays down certain conditions for the entry into the Community of certain cheeses falling within heading No 04.04 of the Common Customs Tariff; whereas, following bilateral agreements concluded under GATT with Austria and Finland, the Regulation in question should be adjusted in order to put into effect the Community's undertakings in respect of those countries;
Whereas, moreover, changes should be made to Annex II to Regulation (EEC) No 2915/79 to take account of a judgment of the Court of Justice of 9 July 1981 (5);
Whereas the tariff nomenclature resulting from application of this Regulation is used in the Common Customs Tariff; whereas the Common Customs Tariff laid down by Regulation (EEC) No 950/68 (6), as last amended by Regulation (EEC) No 1191/82, should therefore be amended,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2915/79 is hereby amended as follows:
1. Article 1 (2) shall be deleted.
2. Articles 7 to 11 shall be replaced by the following:
'Article 7
1. The levy on 100 kilograms of a product belonging to Group 7 shall be:
- 18;13 ECU in respect of the products appearing under (a) and (c) in Annex II,
- 9;07 ECU in respect of the products appearing under (b) in Annex II,
if it is established that the products correspond to the description and, where provision is made therefor, that the applicable free-at-frontier value is complied with.
2. The free-at-frontier value limits for the products described under (a) and (b) in Annex II shall be increased or reduced by 14 ECU for any upward or downward movement of 1 ECU per 100 kilograms of the common target price for milk.
Article 8
The levy on a product belonging to Group 9 and falling within subheading 04.04 B shall be limited to 6 % of its customs value.
Article 9
1. The levy on 100 kilograms of the products belonging to Group 10 described under (d), (e) and (f) in Annex II shall be 12;09 ECU if it is established that the products correspond to the description and that the applicable free-at-frontier value is complied with.
2. The free-at-frontier value limits for the products referred to in paragraph 1 shall be increased or decreased by an amount equal to any increase or decrease in the threshold price of Cheddar.
Article 10
1. Without prejudice to paragraph 2, the levy on 100 kilograms of a product belonging to Group 11 shall be equal:
A. if it falls within subheading 04.04 D I a), to the sum of the following components:
(a) a component equal to 80 % of the levy on the pilot product of Group 11;
(b) a component equal to 5 % of the levy on the pilot product of Group 6; and
(c) a component equal to 12;09 ECU;
B. if it falls within subheading 04.04 D I b), to the sum of the following components:
(a) a component equal to 60 % of the levy on the pilot product of Group 11;
(b) a component equal to 24 % of the levy on the pilot product of Group 6; and
(c) a component equal to 12;09 ECU;
C. if it falls within subheading 04.04 D II, to the sum of the following components:
(a) a component equal to the levy calculated in accordance with point B; and
(b) a component equal to 96;72 ECU;
D. if it falls within subheading 04.04 E I c) 1, to 75 % of the levy on the pilot product;
E. if it falls within subheadings 04.04 E I c) 2 or 04.04 E II b), to the sum of the following components:
(a) a component equal to the levy on the pilot product of Group 11; and
(b) a component equal to 96;72 ECU.
2. However, the levy on 100 kilograms of the products described under (g) and (h) in Annex II shall be 36;27 ECU if it is established that the products correspond to the description and, where provision is made therefor, that the applicable free-at-frontier value is complied with.
Article 11
1. Without prejudice to paragraphs 2, 3 and 4, the levy on 100 kilograms of the products belonging to Group 11 shall be equal to the threshold price less:
- 226;34 ECU per 100 kilograms in respect of the product described under (i) in Annex II,
- 226;34 ECU per 100 kilograms plus a component to 24;18 ECU in respect of the product described under (k) in Annex II,
- 238;43 ECU per 100 kilograms in respect of the products described under (l) and (m) in Annex II,
provided the import price is not less than the amount deducted from the threshold price. The import price for the product described under (m) in Annex II must not, however, be less than 220;30 ECU per 100 kilograms.
Moreover, it must be established that the products correspond to the description in Annex II.
2. The levy on 100 kilograms of the products described under (n) in Annex II shall be 55 ECU if it is established that the products correspond to the description therein.
3. The levy on 100 kilograms of the products described under (o) and (p) in Annex II shall be 50 ECU if it is established that the products correspond to the description therein.
4. The levy on 100 kilograms of the products described under (q) in Annex II shall be 18;13 ECU if it is established that the products correspond to the description therein.'
3. Annexes I and II shall be replaced by Annexes I and II to this Regulation.
Article 2
The Common Customs Tariff shall be amended in accordance with Annex III to this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 5 July 1982. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 1982.