****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 171 , 28 . 6 . 1978 , P . 12 .

( 3 ) OJ NO L 307 , 27 . 11 . 1975 , P . 4 .

( 4 ) OJ NO L 106 , 29 . 4 . 1977 , P . 23 .

( 5 ) OJ NO L 330 , 24 . 12 . 1975 , P . 28 .

( 6 ) OJ NO L 25 , 31 . 1 . 1975 , P . 1 .

( 7 ) OJ NO L 327 , 20 . 12 . 1977 , P . 23 .

COMMISSION REGULATION ( EEC ) NO 2119/78

OF 7 SEPTEMBER 1978

AMENDING REGULATION ( EEC ) NO 3352/75 PROHIBITING THE USE OF INWARD PROCESSING ARRANGEMENTS IN RESPECT OF BUTTER

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 ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1421/78 ( 2 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3066/75 OF 24 NOVEMBER 1975 ON THE PROHIBITION OF THE USE OF INWARD PROCESSING ARRANGEMENTS IN RESPECT OF BUTTER ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 875/77 ( 4 ), AND IN PARTICULAR ARTICLE 1 THEREOF ,

WHEREAS UNDER ARTICLE 18 OF REGULATION ( EEC ) NO 804/68 INWARD PROCESSING OF PRODUCTS IN THE MILK AND MILK PRODUCTS SECTOR MAY BE PROHIBITED ; WHEREAS THIS POWER WAS USED FOR BUTTER IN COMMISSION REGULATION ( EEC ) NO 3352/75 OF 23 DECEMBER 1975 PROHIBITING THE USE OF INWARD PROCESSING ARRANGEMENTS IN RESPECT OF BUTTER ( 5 ), IN PARTICULAR WITH REGARD TO THE PROCESSING OF BUTTER INTO BUTTEROIL AND THE SPLITTING-UP OF BUTTER IN BULK INTO SMALL PACKAGES FOR RETAIL SALE ;

WHEREAS CERTAIN DIFFICULTIES OF INTERPRETATION HAVE OCCURRED IN THE APPLICATION OF THIS PROVISION ; WHEREAS ITS TEXT SHOULD THEREFORE BE MADE MORE PRECISE IN ORDER THAT IT MAY BE UNIFORMLY APPLIED IN THE MEMBER STATES ; WHEREAS , AS REGARDS THE DEFINITION OF ' THE COMMUNITY ' , REFERENCE SHOULD BE MADE TO THE DEFINITION OF THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS GIVEN IN ARTICLE 4 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 192/75 OF 17 JANUARY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2838/77 ( 7 );

WHEREAS THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 1 OF REGULATION ( EEC ) NO 3352/75 IS AMENDED TO READ AS FOLLOWS :

' ARTICLE 1

BUTTER FROM NON-MEMBER COUNTRIES , FALLING WITHIN COMMON CUSTOMS TARIFF HEADING NO 04.03 , IN RESPECT OF WHICH A LEVY APPLICABLE ON IMPORTATION INTO THE COMMUNITY HAS NOT BEEN CHARGED , SHALL NOT BE USED IN THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS DEFINED IN ARTICLE 4 ( 2 ) OF REGULATION ( EEC ) NO 192/75 :

- FOR THE MANUFACTURE OF PRODUCTS REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 804/68 OR OF THE GOODS LISTED IN THE ANNEX TO THAT REGULATION , OR

- FOR MAKING UP INTO SMALL PACKAGES . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE EIGHTH DAY FOLLOWING 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 , 7 SEPTEMBER 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT