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

( 2 ) OJ NO L 123 , 19 . 5 . 1979 , P . 9 .

( 3 ) OJ NO L 247 , 1 . 10 . 1979 , P . 1 .

( 4 ) OJ NO L 36 , 13 . 2 . 1980 , P . 5 .

COMMISSION REGULATION ( EEC ) NO 377/80

OF 15 FEBRUARY 1980

AMENDING REGULATION ( EEC ) NO 2140/79 AS REGARDS THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS IN THE CEREALS SECTOR

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 987/79 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

WHEREAS THE MONETARY COMPENSATORY AMOUNTS INTRODUCED BY REGULATION ( EEC ) NO 974/71 WERE FIXED BY COMMISSION REGULATION ( EEC ) NO 2140/79 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 318/80 ( 4 );

WHEREAS THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO PRODUCTS FALLING WITHIN TARIFF SUBHEADINGS 11.08 A I , 11.08 A III , 11.08 A IV AND 11.08 A V HAVE BEEN FIXED WITHOUT ANY INDICATION OF THE CONTENT BY WEIGHT OF STARCH ; WHEREAS THEY ALSO APPLY , THEREFORE , TO A LIQUID PRODUCT ;

WHEREAS THE MONETARY COMPENSATORY AMOUNTS AS FIXED MUST APPLY TO PRODUCTS REFLECTING THE USUAL TRADE REQUIREMENTS ; WHEREAS IT IS THEREFORE JUSTIFIED TO REDUCE THEM IN RESPECT OF PRODUCTS WHICH DO NOT COMPLY WITH THESE REQUIREMENTS ;

WHEREAS THE MEASURES PROVIDED IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

PART 1 OF ANNEX I TO REGULATION ( EEC ) NO 2140/79 IS HEREBY AMENDED AS FOLLOWS :

1 . THE FOLLOWING FOOTNOTE ( 3 ) IS INSERTED AFTER PRODUCTS FALLING WITHIN TARIFF SUBHEADINGS 11.08 A I , 11.08 A III AND 11.08 A V :

' ( 3 ) THE MONETARY COMPENSATORY AMOUNT SHALL APPLY TO PRODUCTS WHOSE STARCH CONTENT IS NOT LESS THAN 85 % BY WEIGHT . FOR PRODUCTS WITH A STARCH CONTENT LOWER THAN 85 % BY WEIGHT , THIS COMPENSATORY AMOUNT SHALL BE MULTIPLIED BY A COEFFICIENT CALCULATED BY MEANS OF THE FOLLOWING FORMULA :

C À A

1 000 BY 1.176

( C À COEFFICIENT ; A À CONTENT BY WEIGHT OF STARCH , EXPRESSED AS DRY MATTER , PER 1 000 KG OF THE PRODUCT ).

WHEN COMPLETING THE CUSTOMS FORMALITIES , THE APPLICANT MUST STATE IN THE DECLARATION PROVIDED FOR THIS PURPOSE THE CONTENT BY WEIGHT OF STARCH , EXPRESSED AS DRY MATTER , PER 1 000 KG OF THE PRODUCT . '

2 . THE FOLLOWING FOOTNOTE ( 4 ) IS INSERTED AFTER THE PRODUCT FALLING WITHIN TARIFF SUBHEADING 11.08 A IV :

' ( 4 ) THE MONETARY COMPENSATORY AMOUNT SHALL APPLY TO THE PRODUCT WHOSE STARCH CONTENT IS NOT LESS THAN 78 % BY WEIGHT . FOR THE PRODUCT WITH A STARCH CONTENT LOWER THAN 78 % BY WEIGHT , THIS COMPENSATORY AMOUNT SHALL BE MULTIPLIED BY A COEFFICIENT CALCULATED BY MEANS OF THE FOLLOWING FORMULA :

C À A

1 000 BY 1.282

( C À COEFFICIENT ; A À CONTENT BY WEIGHT OF STARCH , EXPRESSED AS DRY MATTER , PER 1 000 KG OF THE PRODUCT ).

WHEN COMPLETING THE CUSTOMS FORMALITIES , THE APPLICANT MUST STATE IN THE DECLARATION PROVIDED FOR THIS PURPOSE THE CONTENT BY WEIGHT OF STARCH , EXPRESSED AS DRY MATTER , PER 1 000 KG OF THE PRODUCT . '

3 . FOOTNOTE ( 3 ) BECOMES ( 5 ), FOOTNOTE ( 4 ) BECOMES ( 6 ) AND FOOTNOTE ( 5 ) BECOMES ( 7 ).

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 15 MARCH 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 FEBRUARY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT