28.12. 91 Official Journal of the European Communities No L 357/3 COUNCIL REGULATION (EEC) No 3798/91 of 19 December 1991 amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the Common Customs Tariff and Regulation (EEC) No 2915/79 determining the groups of products and the special provisions for calculating levies on milk and milk products THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having tégard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (*), and in particular Article 14 (6) thereof, . Having regard to the proposal from the Commission, Whereas only non-modified whey is currently classified under CN code 0404 10 in Annex I to Regulation (EEC) No 2658/87 () while modified whey is classified under CN code 0404 90 ; whereas, from 1 January 1992, CN code 0404 10 is to include modified whey; Whereas Article 14 of Regulation (EEC) No 804/68 - provides for an import levy to be applied on the products covered by that Regulation ; Whereas, pursuant to Article 14 (6) of Regulation (EEC) No 804/68, Regulation (EEC) No 2915/79 () determines the groups of products and the special provisions for calculating levies on milk and milk products; whereas, pursuant to the said Regulation, the levy applied to products classified under CN code 0404 90, and therefore to modified whey, is considerably higher than that applied to products classified under CN code 0404 10, and therefore to non-modified whey ; whereas the diffe- rence in the levies is necessary to prevent distortions in imports from third countries; whereas it is therefore necessary to ensure that the amendments to CN code 0404 10 do not result in changes in the levies applied under Regulation (EEC) No 2915/79 ; whereas, to this end, the necessary amendments should be made to that Regulation, and additional subheadings should be inserted into CN code 0404 10 of the combined nomenclature in () OJ No L 148, 28. 6. 1968, p. 13. Regulation as last amended by Regulatlon (EEC) No 1630/91 (OJ No L 150, 15. 6. 1991, p. 19). (® OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by Regulatlon (EEC) No 2585/91 (OJ No L 259, 16. 9. 1991, p. - ) Oj No L 329, 24. 12. 1979, p. 1. Regulation as last amended by Regulatlon (EEC) No 31 16/90 (OJ No L 303, 31. 10. 1990, 1). p- Regulation (EEC) No 2658/87 to ensure the proper classi- fication of the products concerned in order to apply the appropriate levies, HAS ADOPTED THIS REGULATION : Article 1 1. The combined nonienclature annexed to Regulation (EEC) No 2658/87 is amended as shown in Annex 1 hereto. 2... The amendments to the CN codes provided for in this Regulation shall be applicable as subheadings of the integrated customs tariff of the European Communities (Taric) in accordance with Annex II until their inclusion in the combined nomenclature under the conditions laid down in Article 12 of Regulation (EEC) No 2658/87. Article 2 Regulation (EEC) No 2915/79 is hereby amended as follows : 1. Article 2 shall be amended as follows: — in 1, CN code 0404 10 19 shall be replaced by code 0404 10 26, — in 2, CN code 0404 10 91 shall be replaced by code 0404 10 48, — in 3, CN code 0404 10 99 shall be replaced by code 0404 1072; 2. Article 3 shall be amended .as follows : — in 1, the mtroductory part shall be replaced by the following : ‘1. If it falls within CN codes 04021011, 0403 10 02, 0403 90 11, 0404 10 12, 0404 90 11 and 0404 90 31, to the sum of the following components :’ — in 2, the introductory part shall be replaced by the following : 2. If it falls within CN codes 04021091, 0403 1012, 0403 90 31 and 0404 10 34, to the sum of the following components