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"BCOMMISSION REGULATION (EEC) No 776/78
of 18 April 1978
on the application of the lowest rate of refund on exports of dairy products and repealing and
amending certain 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
"M3 Commission Regulation (EEC) no 222/88 of 22 December 1987 L 28 1 1.2.1988
"M4 Commission Regulation (EC) No 3337/94 of 23 December 1994 L 350 66 31.12.19941978R0776 — EN — 01.01.1995 — 004.001 — 1
COMMISSION REGULATION (EEC) No 776/78
of 18 April 1978
on the application of the lowest rate of refund on exports of dairy
products and repealing and amending certain Regulations
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 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to be amended several times should be repealed and replaced by a single
text:
— Commission Regulation (EEC) No 1611/68 of 15 October 1968
making special provision for the lowest rate of the refund applicable
to 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 of
cheeses 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 certain
cheese to Switzerland (9), as last amended by Regulation (EEC)
No 2786/73 (6), 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
the Common Customs Tariff when they are exported to non-member
countries;
Whereas, where the rate of export refund varies according to destination,
Article 11 (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 (10), as last amended by
Regulation (EEC) No 1469/77 (11), 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 on proof
being furnished that the product has left the geographical territory of the
Community;!B
(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 25, 31. 1. 1975, p. 1.
(11) OJ No L 162, 1. 7. 1977, p. 9.1978R0776 — EN — 01.01.1995 — 004.001 — 2
Whereas Council Regulation (EEC) No 441/69 of 4 March 1969 laying
down additional general rules for granting export refunds on products
subject to a single price system, exported unprocessed or in the form of
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 said
Regulation;
Whereas, under the special arrangements with several non-member
countries, the refund rate applicable on export to these countries of
certain 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 July
1973 establishing the special conditions for the export of processed
cheese 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), pursuant
to Commission Regulation (EEC) No 1579/70 of 4 August 1970 laying
down 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; whereas
consequently, account should be taken of these special arrangements
when applying the said provisions of Regulation (EEC) No 192/75 so as
to avoid exporters having to bear unnecessary financial costs in trade
with 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 level
lower than that of the lowest refund applicable to other non-member
countries; whereas this exemption was provided for, except in the case of
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 the
United States guarantee that the products which have benefited from a
refund for other destinations may not be imported into Zone E; whereas
experience has shown that the products listed in Annex II to this
Regulation 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; whereas these
exemptions should be abolished for the products in respect of which the
above conditions are no longer met; whereas such a provision was
provided for by Regulation (EEC) No 518/76;!B
(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. 14.1978R0776 — EN — 01.01.1995 — 004.001 — 3
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 (1),
as last amended by Regulation (EEC) No 37/75 (2);
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and Milk
Products,
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 3.
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.!B
(1) OJ No L 184, 29. 7. 1968, p. 10.
(2) OJ No L 5, 9. 1. 1975, p. 7.1978R0776 — EN — 01.01.1995 — 004.001 — 4
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 1953/82 Switzerland!M3
!M4
!M31978R0776 — EN — 01.01.1995 — 004.001 — 5
ANNEX II
CN code Description Destination
0401 Milk and cream, not concentrated nor containing added sugar or other
sweetening matterZone E (1)
0402 Milk and cream, concentrated or containing added sugar or other sweetening
matterZone E (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 cocoaZone E (1)
0404 Whey, whether or not concentrated or containing added sugar or other
sweetening matter; products consisting of natural milk constituents whether ornot containing added sugar or other sweetening matter, not elsewhere included
or specified:Zone E (
1)
0405 Butter and other fats and oils derived from milk Zone E (1)
2309 Preparations of a kind used in animal feeding:
Zone E (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, maltodextrine or maltod-
extrine 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 products2309 10 70 – – – Containing no starch, glucose, glucose syrup, maltodextrine or maltod-
extrine syrup but containing milk products
2309 90 – Other:2309 90 10 – – Fish or marine mammal solubles
– – Other:– – – Containing starch, glucose, glucose syrup, maltodextrine or maltod-
extrine 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 maltod-
extrine 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 products2309 90 709
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;– – – – Containing no starch, glucose, glucose syrup, maltodextrine or
maltodextrine syrup but containing milk products
(1) See Annex to Regulation (EEC) No 1098/68.!M31978R0776 — EN — 01.01.1995 — 004.001 — 6