CELEX: 31977R0401
Language: fr
Date: 1977-03-01 00:00:00
Title: Règlement (CEE) n 401/77 de la Commission, du 25 février 1977, fixant les taux des restitutions applicables, à compter du 1er mars 1977, à certains produits laitiers exportés sous forme de marchandises ne relevant pas de l'annexe II du traité

No L 56/ 2                              Official Journal of the European Communities                                 1 . 3 . 77
                                       COMMISSION REGULATION ( EEC) No 401 /77
                                                        of 25 February 1977
                  fixing the rates of the refunds applicable from 1 March 1977 to certain milk
                    products exported in the form of goods not covered by Annex II to the Treaty
   THE COMMISSION OF THE EUROPEAN                                          Treaty which are manufactured under similar
   COMMUNITIES,                                                            conditions ;
   Having regard to the Treaty establishing the European              (c) the need to ensure equality of competition for the
   Economic Community,                                                     industries which use Community products and
                                                                           those which use third-country products under
                                                                           inward processing arrangements ;
   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 ('), as last                Whereas Article 4 (3) of Regulation (EEC) No 2682/72
  amended by Regulation ( EEC) No 559/76 (2), and in                  provides that, when the rate of the refund is being
  particular Article 1 7 (5) thereof,           .                     fixed, account should be taken , where necessary, of
                                                                      production refunds, aids or other measures having
                                                                     equivalent effect applicable in all Member States in
  Whereas Article 17 ( 1 ) of Regulation ( EEC ) No 804/68           accordance with the Regulation on the common
  provides that the difference between prices in interna­            organization of the market in the product in question
  tional trade for the products listed in Article 1 (a), (b),        to the basic products listed in Annex A to that Regula­
  (c) and (e) of that Regulation and prices within the               tion or to assimilated products ;
  Community may be covered by an export refund ;
  whereas Council Regulation ( EEC) No 2682/72 of 12
  December 1972 laying down general rules for
  granting export refunds on certain agricultural                    Whereas Article II ( 1 ) of Regulation (EEC) No 804/68
  products exported in the form of goods not covered                 provides for the payment of aid for Community-pro­
  by Annex II to the Treaty, and criteria for fixing the             duced skimmed milk processed into casein if such
                                                                     milk     and   the casein     manufactured from   it   fulfil
  amount of such refunds (3 ), as last amended by Regula­
  tion (EEC) No 3 1 38/76 (4), specifies the products for            certain conditions set out in Article 1 of Council Regu­
  which a rate of refund should be fixed, to be applied              lation ( EEC) No 987/68 of 15 July 1968 laying down
  where these products are exported in the form of                   general rules for granting aid for skimmed milk
 goods listed in the Annex to Regulation ( EEC) No                   processed into casein or caseinates (5), as last amended
  804/ 68 ;                                                          by the Act of Accession (6) ; whereas, pursuant to
                                                                     Article 1 (2) (b) of Regulation (EEC) No 2682/72,
                                                                     skimmed milk thus defined is assimilated to milk
 Whereas, in accordance with the first subparagraph of               powder complying with the definition of the pilot
 Article 4 ( 1 ) of Regulation ( EEC) No 2682/72, the rate           products Group No 2 listed in Annex I to Council
 of the refund per 100 kilograms for each of the basic               Regulation (EEC) No 823/68 of 28 June 1968 deter­
 products in question must be fixed for each month ;                 mining the groups of products and the special provi­
                                                                     sions for calculating levies on milk and milk
                                                                     products (7), as last amended by Regulation (EEC) No
 Whereas, in accordance with paragraph 2 of that                     561 /76 (8) ; whereas a rate of refund should be fixed
 Article, that rate must be determined with particular               for this milk powder ;
 reference to :
 (a) the average costs incurred by processing industries             Whereas Article 2 of Commission Regulation ( EEC)
      in obtaining supplies of the basic products in ques­           No 756/70 of 24 April 1970 on granting aid for
      tion on the Community market and the prices                    skimmed milk processed into casein or caseinates (9),
      ruling on the world markets ;                                  as last amended by Regulation ( EEC) No 745/76 ( 10),
                                                                     fixes the aid per 100 kilograms of skimmed milk
                                                                     processed into casein or caseinates according to type ;
 (b) the level of the refunds on exports of processed
      agricultural products covered by Annex II to the              (5 ) OJ No L 169 , 18 . 7 . 1968 , p. 6 .
                                                                    (o) OJ No L 73 , V. 3 . 1972, p . 14.
(') O ) No L 1 48 , 28 . 6. 1968 , p. 13 .                          ( 7) OJ No L 151 , 30 . 6 . 1968 , p . 3 .
(-) OJ No L 67, 15 . 3 . 1 976, ' p. 9 .                            ( s ) OJ No L 67 , 15 . 3 . 1976, p . 1 1 .
(•>) OJ No L 289 , 27 . 12 . 1972, p. 13 .                          (° ) OJ No L 91 , 25 . 4 . 1970 , p . 28 .
{*) OJ No L 354, 24 . 12 . 1976, p. I.                              ( I0) OJ No L 86 , 1 . 4 . 1976 , p . 44 .
 ---pagebreak---  1 . 3 . 77                            Official Journal of the European Communities                         No L 56/3
Whereas Commission Regulation (EEC) No 232/75 of                 applicable from 1 March 1977 to the basic products
30 January 1975 on the sale of butter at reduced                 appearing in Annex A to Regulation (EEC) No
 prices for use in the manufacture of pastry products            2682/72 and listed in Article 1 of Regulation ( EEC)
and ice cream ('), as last amended by Regulation                 No 804/68, exported in the form of goods listed in
(EEC) No 2805/76 (2), authorizes the delivery to indus­          the Annex to Regulation (EEC) No 804/68 , are hereby
 tries manufacturing the goods falling within heading            fixed as shown in the Annex to this Regulation .
 No 19.08 or subheadings 18.06 B and 21.07 C and 'ice
 mix' or subheadings 18.06 D and ex 21.07 of the
Common Customs Tariff, of butter at a reduced price              2. No rates of refund are fixed for any of the
under a standing invitation to tender ;                          products referred to in the preceding paragraph which
Whereas the measures provided for in this Regulation             are not listed in the Annex to this Regulation .
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION :
                                                                                        Article 2
                           Article 1
1.       Subject to the provisions of Article 28 of Regula­      This Regulation shall enter into force on 1 March
tion (EEC) No 1519/72 (3 ), the rates of the refunds              1977 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 25 February 1977.
                                                                          For the Commission
                                                                           Étienne DAVIGNON
                                                                        Member of the Commission
(') OJ No L 24, 31 . 1 . 1975, p. 45 .
(-) OJ No L 320, 20 . II . 1976, p. 25 .
(5) OJ No L 162, 18 . 7. 1972, p. 1 .
 ---pagebreak--- No L 56/4                       Official Journal of the European Communities                                1 . 3 . 77
                                                       ANNEX
           to the Commission Regulation of 25 February 1977 fixing the rates of the refunds applicable
           from 1 March 1977 to certain milk products exported in the form of goods not covered
                                             by Annex II to the Treaty
                                                                                            (u.a. / 100 kg)
                CCT
                                                                                             Rate of
               heading                            Description of goods                       refund
                 No
          ex 04.02 A II     Powdered mille, obtained by the spray process, with a
                            fat content of less than 1.5 % by weight and with a
                            water content of less than 5 % by weight (PG 2) :
                            a) On exportation of goods of CCT heading No 35.01
                            b) On exportation of other goods                                 64.85
          ex 04.02 A II     Powdered milk, obtained by the spray process, with a
                            fat content of 26 % by weight and a water content of
                            less than 5 % by weight (PG 3)                                    90.67
          ex 04.02 A III    Concentrated milk, with a fat content by weight of 7.5 %
                            and a content by weight in dry matter equal to 25 %
                            ( PG 4 )                                                         19-39
          ex 04.03          Butter, with a fat content by weight of 82 %> (PG 6) :
                            a) On exportation of goods of CCT heading No 19.08 or
                                of subheadings 18.06 B and 21.07 C, and 'ice mix' of
                               CCT subheadings ex 18.06 D and heading No ex 21.07
                               manufactured    under    the   conditions laid down in
                               Article 6 of Régulation (EEC) No 232/75
                           b) On exportation of other goods                                 159.75