****

( 1 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 .

( 3 ) OJ NO L 133 , 22 . 5 . 1978 , P . 1 .

( 4 ) OJ NO L 200 , 24 . 7 . 1978 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1743/78

OF 25 JULY 1978

INTRODUCING MONETARY COMPENSATORY AMOUNTS FOR CERTAIN FLOUR-BASED PREPARATIONS AND AMENDING THE METHOD OF THEIR APPLICATION FOR CERTAIN GOODS FALLING WITHIN HEADING NO 19.03 OF THE COMMON CUSTOMS TARIFF

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY 1971 , ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

WHEREAS THE MONETARY COMPENSATORY AMOUNTS INTRODUCED BY REGULATION ( EEC ) NO 974/71 HAVE BEEN FIXED BY REGULATION ( EEC ) NO 1036/78 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1719/78 ( 4 );

WHEREAS THESE AMOUNTS APPLY TO CEREAL FLOURS FALLING WITHIN HEADING NO 11.01 OF THE COMMON CUSTOMS TARIFF BUT DO NOT , HOWEVER , APPLY TO FLOUR-BASED PREPARATIONS FALLING WITHIN SUBHEADING 19.02 B ; WHEREAS , OVER THE PAST FEW MONTHS , THIS SITUATION HAS CREATED AN ARTIFICIAL INCREASE IN TRADE IN CERTAIN OF THE LATTER PRODUCTS , HAS CAUSED TRADE TO BE DEFLECTED AND RISKS CAUSING DISTURBANCE OF THE MARKET ; WHEREAS IT IS CONSEQUENTLY NECESSARY TO APPLY MONETARY COMPENSATORY AMOUNTS TO GOODS FALLING WITHIN SUBHEADINGS 19.02 B II A ) 4 AA ) AND 19.02 B II A ) 5 AA ) EXCEPT IN SMALL PACKAGES ;

WHEREAS THIS INTRODUCTION OF MONETARY COMPENSATORY AMOUNTS IS AT PRESENT RESTRICTED TO THOSE PRODUCTS IN THE CASE OF WHICH THE SITUATION REFERRED TO ABOVE HAS OCCURRED ; WHEREAS AN EXTENSION OF THIS MEASURE MUST BE CONSIDERED FOR OTHER PRODUCTS IF OPERATIONS OF THE SAME TYPE OCCUR ;

WHEREAS THE MACARONI , SPAGHETTI AND OTHER PRODUCTS FALLING WITHIN HEADING NO 19.03 MAY BE PUT UP IN A SINGLE PACKAGE WHICH ALSO CONTAINS SAUCES , MEAT , CHEESE AND OTHER ADDITIONAL PRODUCTS ; WHEREAS THE APPLICATION OF THE MONETARY COMPENSATORY AMOUNTS SHOULD DEPEND ONLY ON THE WEIGHT OF THE MACARONI , SPAGHETTI OR OTHER PRODUCTS ;

WHEREAS FOR THE REASONS STATED , IT IS NECESSARY TO AMEND PART 8 OF ANNEX I TO REGULATION ( EEC ) NO 1036/78 ; WHEREAS A TRANSITIONAL PERIOD WAS ALLOWED FOR THE INTRODUCTION OF THE AMENDMENT FOR THE PRODUCTS FALLING WITHIN TARIFF HEADING NO 19.03 FOR THE PURPOSE OF ALLOWING TRADE TO MAKE THE RELEVANT ADJUSTMENTS ; WHEREAS FOR THOSE PRODUCTS WITH A BASIS OF FLOUR THE IMMEDIATE INTRODUCTION OF MONETARY COMPENSATORY AMOUNTS IS NECESSARY TO STOP THE SPECULATION IN THESE PRODUCTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

PART 8 OF ANNEX I TO REGULATION ( EEC ) NO 1036/78 IS HEREBY AMENDED AS FOLLOWS :

1 . SUBJECT TO ANY CHANGES IN THE AMOUNTS IN LINE WITH CHANGES IN THE RATES OF EXCHANGE REFERRED TO IN ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 974/71 , THE FOLLOWING IS ADDED :