1978R0776 — EN — 02.07.1995 — 005.001 — 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
►M1Commission Regulation (EEC) No 1475/80 of 12 June 1980 L 147 15 13.6.1980
►M2Commission Regulation (EEC) No 3812/85 of 20 December 1985 L 368 3 31.12.1985
►M3Commission Regulation (EEC) no 222/88 of 22 December 1987 L 28 1 1.2.1988
►M4Commission Regulation (EC) No 3337/94 of 23 December 1994 L 350 66 31.12.1994
►M5Commission Regulation (EC) No 1586/95 of 30 June 1995 L 150 84 1.7.1995
▼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need to be amended several times should be repealed and replaced by asingle text: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 — 02.07.1995 — 005.001 — 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 — 02.07.1995 — 005.001 — 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►M5destination No 400 ◄, 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 — 02.07.1995 — 005.001 — 4
▼M3
ANNEX I
CN code Description Destination
0406 30 31
0406 30 39
0406 30 90Processed cheese, not grated or powdered Switzerland
ex 0406 Products contained in the list in Annex II to Regulation (EEC)
No 1953/82Switzerland1978R0776 — EN — 02.07.1995 — 005.001 — 5
▼M4
▼M3
▼M3
ANNEX II
CN code Description Destination
0401 Milk and cream, not concentrated nor containing added sugar
or other sweetening matter►M5No
400◄(1)
0402 Milk and cream, concentrated or containing added sugar or
other sweetening matter►M5No
400◄(1)
ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other
fermented or acidified milk and cream, whether or not
concentrated or containing added sugar or other sweetening
matter or flavoured or containing added fruit, nuts or cocoa►M5No
400◄(1)
0404 Whey, whether or not concentrated or containing added sugar
or other sweetening matter; products consisting of natural milk
constituents whether or not containing added sugar or other
sweetening matter, not elsewhere included or specified:►M5No
400◄(1)
0405 Butter and other fats and oils derived from milk ►M5No
400◄(1)
2309 Preparations of a kind used in animal feeding:/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150►
M5No
400◄(1)2309 10 — Dog or cat food, put up for retail sale:
— — Containing starch, glucose, glucose syrup, maltodextrine
or maltodextrine syrup falling within subheadings
1702 30 51to 1702 30 99, 1702 40 90, 1702 90 50 and
2106 90 55 or milk products:
— — — Containing starch, glucose, glucose syrup, maltodex-
trine or maltodextrine syrup:
— — — — Containing no starch or containing 10 % or less by
weight of starch:
2309 10 15 ————— Containing not less than 50 % but less than
75 % by weight of milk products
2309 10 19 — ———— Containing not less than 75 % by weight of
milk products
2309 10 70 — — — Containing no starch, glucose, glucose syrup,
maltodextrine or maltodextrine syrup but containing milk
products
2309 90 — Other:
2309 90 10 — — Fish or marine mammal solubles
— — Other:
— — — Containing starch, glucose, glucose syrup, maltodex-
trine or maltodextrine syrup falling within subheadings
1702 30 51 to 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products:
———— Containing starch, glucose, glucose syrup,
maltodextrine or maltodextrine syrup:
————— Containing no starch or containing 10 % or less
by weight of starch
2309 90 35 —————— Containing not less than 50 % but less than
75 % by weight of milk products
2309 90 39 — ————— Containing not less than 75 % by weight of
milk products
2309 90 70 — — — — Containing no starch, glucose, glucose syrup,
maltodextrine or maltodextrine syrup but containing milk
products
(1) See Annex to ►M5Regulation (EC) No 3079/94 ◄.1978R0776 — EN — 02.07.1995 — 005.001 — 6