1978R0776 — EN — 01.03.1986 — 002.001 — 1
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►B COMMISSIONREGULATION(EEC)No776/78
of18April1978
on the application of the lowest rate of refund on exports of dairy products and repealing and
amendingcertain Regulations
(OJ L 105, 19.4.1978, p. 5)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 1475/80 of 12 June 1980 L 147 15 13.6.1980
►M2 Commission Regulation (EEC) No 3812/85 of 20 December 1985 L 368 3 31.12.1985
▼B
COMMISSIONREGULATION(EEC)No776/78
of18April1978
on the application of the lowest rate of refund on exports of dairy
productsandrepealingandamendingcertain Regulations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
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 2560/77 (2), and in particular
Article 17 (4) thereof,
Having regard to Council Regulation (EEC) No 876/68 of 28 June 1968
laying down general rules for granting export refunds on milk and milk
products and criteria for fixing the amounts for such refunds (3), as last
amended by Regulation (EEC) No 2429/72 (4), and in particular Article
6 (2) thereof,
Whereas, in the interests of clarity, the following Regulations which
need to be amended several times should be repealed and replaced by asingle text:
— Commission Regulation (EEC) No 1611/68 of 15 October 1968
making special provision for the lowest rate of the refund applicableto exports of certain cheeses to third countries (
5), as amended by
Regulation (EEC) No 2786/73 (6),
— Commission Regulation (EEC) No 1578/70 of 4 August 1970
making special provision for the lowest rate of refund on exports ofcheeses to third countries (
7), and
— Commission Regulation (EEC) No 518/76 of 8 March 1976
concerning the application of the lowest rate of refund on exports
of milk products and repealing Regulation (EEC) No 2188/74 (8);
Whereas the Annex to Commission Regulation (EEC) No 1324/68 of 29
August 1968 laying down special conditions for the export of certaincheese to Switzerland (
9), as last amended by Regulation (EEC) No 2786/
73 (10), should be amended to take account of the fact that in future
‘Tilsit’ and ‘Butterkäse’ fall within subheading 04.04 E I b) 5 of theCommon Customs Tariff when they are exported to non-membercountries;
Whereas, where the rate of export refund varies according to destination,
Article 11 (2) of Commission Regulation (EEC) No 192/75 of 17January 1975 laying down detailed rules for the application of exportrefunds in respect of agricultural products (
11), as last amended by
Regulation (EEC) No 1469/77 (12), provides that the part of the refund
calculated on the basis of the lowest rate of refund applicable on the day
on which customs export formalities are completed is to be paid onproof being furnished that the product has left the geographical territoryof the Community;
Whereas Council Regulation (EEC) No 441/69 of 4 March 1969 laying
down additional general rules for granting export refunds on productssubject to a single price system, exported unprocessed or in the form of1978R0776 — EN — 01.03.1986 — 002.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 303, 28. 11. 1977, p. 1.
(3) OJ No L 155, 3. 7. 1968, p. 1.
(4) OJ No L 264, 23. 11. 1972, p. 1.
(5) OJ No L 252, 16. 10. 1968, p. 14.
(6) OJ No L 286, 13. 10. 1973, p. 15.
(7) OJ No L 172, 5. 8. 1970, p. 25.
(8) OJ No L 61, 9. 3. 1976, p. 7.
(9) OJ No L 215, 30. 8. 1968, p. 25.
(10) OJ No L 286, 13. 10. 1973, p. 15.
(11) OJ No L 25, 31. 1. 1975, p. 1.
(12) OJ No L 162, 1. 7. 1977, p. 9.
▼B
certain goods not covered by Annex II to the Treaty (1), as last amended
by Regulation (EEC) No 269/78 (2), provides in the second subparagraph
of Article 2 (4) and in Article 3 (1) for the part of the refund calculated
on the basis of the lowest rates to be paid as soon as the product has
been brought under the special arrangement introduced by the saidRegulation;
Whereas, under the special arrangements with several non-member
countries, the refund rate applicable on export to these countries ofcertain milk products may be lower, sometimes to a substantial degree,than the refund level normally applied; whereas it might also arise that
no refund is fixed;
Whereas, as regards Switzerland, special arrangements have been
introduced both by Regulation (EEC) No 1324/68 in respect of certain
cheeses and by Commission Regulation (EEC) No 2074/73 of 31 July1973 establishing the special conditions for the export of processedcheese to Switzerland (
3); whereas a special arrangement was also
provided for Austria as regards heading No 04.04 by Commission
Regulation (EEC) No 102/78 of 18 January 1978, laying down special
conditions for exports of certain cheeses to Austria (4); whereas a special
refund rate also applies to cheeses exported to Spain (Zone D), pursuantto Commission Regulation (EEC) No 1579/70 of 4 August 1970 layingdown special conditions for the export of certain cheeses to Spain (
5), as
last amended by Regulation (EEC) No 1300/76 (6);
Whereas the special arrangements for exports to Switzerland, Austria
and Spain ensure that products which have received a refund for other
destinations cannot be exported to these three countries; whereasconsequently, account should be taken of these special arrangementswhen applying the said provisions of Regulation (EEC) No 192/75 so asto avoid exporters having to bear unnecessary financial costs in tradewith other non-member countries, by providing that, when determining
the lowest rate of the refund, account should not be taken of the special
refund rates fixed for the particular destinations in question at a levellower than that of the lowest refund applicable to other non-membercountries; whereas this exemption was provided for, except in the caseof Austria, by Regulations (EEC) No 1611/68 and (EEC) No 1578/70;
Whereas the lowest rate of the refund can also result from the non-fixing
of a refund;
Whereas as regards exports to the United States (Zone E) there exist
cases of non-fixing of the refund for certain milk products; whereas
provision should also be made for an exemption when determining the
lowest rate of the refund in cases where the measures introduced in theUnited States guarantee that the products which have benefited from arefund for other destinations may not be imported into Zone E; whereasexperience has shown that the products listed in Annex II to thisRegulation may be covered by this exemption not only as regards the
application of Article 11 (2) of Regulation (EEC) No 192/76 but also
that of Articles 2 (4) and 3 (1) of Regulation (EEC) No 441/69; whereasthese exemptions should be abolished for the products in respect ofwhich the above conditions are no longer met; whereas such a provisionwas provided for by Regulation (EEC) No 518/76;
Whereas the destination Zones D and E, corresponding to Spain and the
United States respectively, have been defined in the Annex to
Commission Regulation (EEC) No 1098/68 of 27 July 1968, on detailed
rules for the application of export refunds on milk and milk products (
7),
as last amended by Regulation (EEC) No 37/75 (8);1978R0776 — EN — 01.03.1986 — 002.001 — 3
(1) OJ No L 59, 10. 3. 1969, p. 3.
(2) OJ No L 40, 10. 2. 1978, p. 7.
(3) OJ No L 211, 1. 8. 1973, p. 8.
(4) OJ No L 16, 20. 1. 1978, p. 8.
(5) OJ No L 172, 5. 8. 1970, p. 26.
(6) OJ No L 156, 17. 6. 1976, p. 14.
(7) OJ No L 184, 29. 7. 1968, p. 10.
(8) OJ No L 5, 9. 1. 1975, p. 7.
▼B
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and MilkProducts,
HAS ADOPTED THIS REGULATION:
Article 1
The non-fixing of a refund or the special refund:
— fixed for the export of the products listed in Annex I to one of the
destinations listed therein, and
— the rate of which is lower than the lowest rate fixed for the other
destinations,
shall not be taken into consideration when determining the lowest refund
rate within the meaning of Article 11 of Regulation (EEC) No 192/75.
Article 2
The non-fixing of a refund for the products listed in Annex II, exported
to Zone E, shall not be taken into consideration:
— when determining the lowest refund rate within the meaning of
Article 11 (2) of Regulation (EEC) No 192/75,
— when applying ►M1Articles 4 (7) and 5 (3) of Regulation (EEC)
No 565/80 ◄.
Article 3
In Annex I to Regulation (EEC) No 1324/68:
(a) subheading 04.04 E I b) 2 is hereby deleted;
(b) subheading 04.04 E I b) 5 is hereby amended as follows:
— the term ‘Butterkäse’ is inserted before ‘Danbo’,
— the term ‘Tilsit’ is inserted after ‘Saint-Paulin’.
Article 4
Regulations (EEC) No 1611/68, (EEC) No 1578/70 and (EEC) No 518/
76 are hereby repealed.
Article 5
This Regulation shall enter into force on the third 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.1978R0776 — EN — 01.03.1986 — 002.001 — 4
▼B
ANNEX I
CCT heading No Description Destination
04.04 Cheese and curd Austria
►M2 ◄
04.04 D Processed cheese, not grated or powdered:
II. Other than those cheeses made from Emmen-
taler, Gruyere or Appenzell Switzerland
ex 04.04 E I b) 5 Products contained in the list to Annex I to
Regulation (EEC) No 1324/68 Switzerland1978R0776 — EN — 01.03.1986 — 002.001 — 5
▼M2
▼B
ANNEX II
CCT heading No Description Destination
04.01 Milk and cream, fresh, not concentrated or
sweetened Zone E (1)
04.02 Milk and cream, preserved, concentrated or
sweetened Zone E (1)
04.03 Butter Zone E (1)
23.07 Sweetened forage; other preparations of a kind
used In animal feed:
B. Other than fish or marine mammal solubles,
containing starch, glucose or glucose syrup
falling within subheadings 17.02 Band 21.07
F II, or milk products:
I. Containing starch, or glucose or glucose
syrup:
a) Containing no starch or containing
10 % or less, by weight, of starch:
3. Containing 50 % or more but less
than 75 %, by weight, of milk
products
4. Containing 75 % or more, by
weight, of milk products
II. Containing no starch, glucose or glucose
syrup, but containing milk products Zone E (1)
(1) Laid down in the Annex to Regulation (EEC) No 1098/681978R0776 — EN — 01.03.1986 — 002.001 — 6