CELEX: 31976R0703
Language: en
Date: 1976-03-29 00:00:00
Title: Commission Regulation (EEC) No 703/76 of 29 March 1976 fixing the adjustments to be made to refunds fixed in advance for milk products

30 . 3 . 76                                Official Journal of the European Communities                          No L 83/ 17
                                         COMMISSION REGULATION (EEC) No 703/76
                                                            of 29 March 1976
                 fixing the adjustments to be made to refunds fixed in advance for milk and milk
                                                                 products
 THE COMMISSION OF THE EUROPEAN                                        Whereas the measures provided for in this Regulation
  COMMUNITIES,                                                          are in accordance with the opinion of the Manage­
                                                                        ment Committee for Milk and Milk Products,
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                        HAS ADOPTED THIS REGULATION :
  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
  amended by Regulation (EEC) No 559/76 (2), and in                                                Article 1
  particular Article 1 7 (4) thereof,
                                                                        1.     Refunds fixed in advance before 15 March 1976
                                                                        in respect of the products set out in Annexes I and II,
 Whereas, under the third subparagraph of Article 5 (3)
                                                                        which are exported :
 of Council Regulation (EEC) No 876/68 of 28 June
  1968 laying down general rules for granting export                    — after 1 April 1976, in the case of products falling
  refunds on milk and milk products and criteria for                         within heading 04.04 of the Common Customs
 fixing the amount o f such refunds (3), as last amended                     Tariff, except for 'cottage cheese' falling within
  by Regulation (EEC ) No 2429/72 (4), refunds fixed in                      subheading ex 04.04 E I c), and
  advance may be adjusted where there is a change in
  the intervention prices and in the amount of certain                 — after 15 March 1976, in the case of other products,
 aids for milk produ cts ;
                                                                        shall, at the request of the parties concerned, be
 Whereas, in pursua nee of Council Regulation (EEC)                     adjusted by the amounts fixed in the Annexes to this
  No 558 /76 of 15 March 1976 (5), intervention prices                  Regulation .
 have been increased with effect from 15 March 1976 ;
 whereas the effect of the new prices on the level of                   2.     However, refunds fixed in advance for products
 market prices is such that an adjustment of refunds                    falling within heading 04.04 of the Common Customs
 fixed in advance for milk products appears justified,                 Tariff which are exported to Zone E or Canada shall
 except for cheeses exported to Zone E and Canada                       not be adjusted.
 where the level of the market price is in the process
 of increasing ;                                                        3 . The day to be taken into account in deter­
                                                                        mining :
 Whereas, in accordance with the third subparagraph
                                                                       — the date of advance fixing, shall be the day on
 of Article 5 (2) of Council Regulation (EEC) No
                                                                             which the application for the export licence was
 2682/72 of 12 December 1972 laying down general
                                                                             lodged, within the meaning of Article 6(1 ) of
 rules for granting export refunds on certain agricul­                       Regulation (EEC) No 1 93/75 (7),
 tural products exported in the form of goods not
 covered by Annex HI to the Treaty, and the criteria for               — the date of exportation , shall be the day on which
 fixing the amount of such refunds (6), refunds fixed in                     are completed the customs formalities referred to
 advance for the products specified in Annex A to the                        under (b) in the second subparagraph of Article
 said Regulation are to be adjusted according to the                         9(3) of Regulation (EEC) No 193/75.
 rules applicable to the advance fixing of the refund on
 basic products exported unprocessed ; whereas the
 refunds fixed in advance for the said products should                                             Article 2
 therefore also be adjusted ;
(>)  OJ   No  L 148 , 28 . 6 . 1968 , p . 13 .                         This Regulation shall enter into force on the third day
(2 ) OJ   No  L 67, 15 . 3 . 1976, p. 9 .                              following its publication in the Official Journal of
(3)  OJ   No  L 155, 3 . 7 . 1968 , p. 1 .                              the European Communities.
(4)  OJ   No  L 264, 23 . 11 . 1972, p . 1 .
(5)  OJ   No  L 67 , 15 . 3 . 1976, p. 4.
(«>) OJ   No  L 289, 27 . 12. 1972, p. 13 .                            ( 7) OJ No L 25 , 31 . 1 . 1975, p. 10 .
 ---pagebreak--- No L 83/ 18                    Official Journal of the European Communities                        30 . 3 . 76
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 29 March 1976.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission
 ---pagebreak--- 30 . 3 . 76                      Official Journal of the European Communities                                 No L 83/ 19
                                                        A NNEX I
             List of the adjustments applicable to refunds hxed in advance before 15 March 1976 for
             certain products specified in Article 1 of Regulation ( EEC) No 804 /68 , exported in their
                                          natural state on or after that date
                                                                                       Refund in u.a./ 100 kg
                 CCT heading No                       Description oí goods               net weight (unless
                                                                                        otherwise indicated)
             ex 04.01 Ala)          Other than whey                                          + 0-44
             ex 04.01 A II          Other than whey, of a fat content, by weight :
                                  -'— Not exceeding 1-5%                                     + 0-13
                                    — Exceeding 1-5 % but not exceeding 3 %                  + 0-29
                                    — Exceeding 3 % but not exceeding 4 %                    + 0-44
                                    — Exceeding 4 %                                          + 0-54
             ex 04.01 B I           Other than whey, of a fat content, by weight :
                                    — Not exceeding 10 %                                     + 0-73
                                    — Exceeding 1 0 % but not exceeding 1 7 %                +   1-22
                                    — Exceeding 1 7 %                                        +   1-90
            ex 04.01 B II           Other than whey, of a fat content, by weight :
                                    — Not exceeding 35 %                                     + 2-30
                                    — Exceeding 35 % but not exceeding 39 %                  + 3-68
                                    — Exceeding 39 %                                         + 4-08
            ex 04.01 B III          Other than whey, of a fat content, by weight :
                                    — Not exceeding 68 %                                     + 4-67
                                   — Exceeding 68 %                                          + 6-94
            04.02 A II              Of a fat content, by weight :
                                   — Not exceeding 1-5 %                                     + 1 -46 (')
                                   —   Exceeding  1 -5 % but not exceeding 1 1 %             + 1-46 (')
                                   —   Exceeding  11 % but not exceeding 17%                 + 2-65
                                   —   Exceeding  1 7 % but not exceeding 25 %              + 3-23
                                   —   Exceeding  25 % but not exceeding 27 %               + 3-93
                                   —   Exceeding  27 % but not exceeding 29 %               + 4-11
                                   — Exceeding 29 % but not exceeding 41 %                  + 4-26
                                   — Exceeding 41 %                                         + 5-35
            ex 04.02 A III         Of a fat content, by weight :
                                   — Exceeding 3 % but not exceeding 7-4 %                  + 0-66
                                   — Exceeding 7-4 % but not exceeding 8-9 %                +    1-07
 ---pagebreak--- No L 83/20                    Official Journal of the European Communities                                   30 . 3 . 76
                                                                                    Refund in u.a ./ 1 00 kg
               CCT heading No                     Description of goods                net weight (unless
                                                                                     otherwise , indicated)
           ex 04.02 A III
           (cont'd)             — Exceeding 8-9 % but not exceeding 11 %               + 1-27
                                — Exceeding 1 1 % but not exceeding 21 %               +   1-22
                                — Exceeding 21 % but not exceeding 39 %                + 2-30
                                — Exceeding 39 % but not exceeding 45 %                4- 4-08
                                — Exceeding 45 %                                       + 4-67
           ex 04.02 B I b)      Other than whey, of a fat content, by weight :
                                — Not exceeding 1-5%                                   + 0-0146 (2)
                                                                                              kg
                                — Exceeding 1 -5 % but not exceeding 1 1 %             + 0-0146 (2 )
                                                                                              kg
                                — Exceeding 1 1 % but not exceeding 1 7 %              + 0-0265 (2 )
                                                                                              kg
                                — Exceeding 1 7 % but not exceeding 25 %               + 0-0323 (2)
                                                                                              kg
                                — Exceeding 25 % but not exceeding 27 %                + 0-0393 (2)
                                                                                              kg
                                — Exceeding 27 % but not exceeding 41 %                + 0-041 1 (2)
                                                                                              kg
                                — Exceeding 41 %                                       + 0-0535 (2 )
                                                                                              kg
            ex 04.02 B II       Other than whey, of a fat content, by weight :
                                — Not exceeding 6-9 % and of a lactic dry
                                    matter content, by weight, of 1 5 % or more         + 0-40         (3 )
                                — Exceeding 6-9 % but not exceeding 9-5 %
                                    and of a lactic dry matter content, by weight,
                                    of 1 5 % or more                                    + 1-30          (3 )
                                — Exceeding 9-5 % but not exceeding 21 % and
                                    of a lactic dry matter content, by weight, less
                                    than 1 5 %                                          + 0-0 1 22 (2 )
                                                                                               kg
                                — Exceeding 21 % but not exceeding 39 %                 + 0-0230 (2)
                                                                                               kg
                                — Exceeding 39 % but not exceeding 45 %                 + 0-0408 (2 )
                                                                                               kg
                                — Exceeding 45 %                                        + 0-0467 (2)
                                                                                               kg
            ex 04.03             Of a fat content, by weight :
                                 — Of 62 % or more, but less than 78 %                  + 6-43
                                 — Of 78 % or more, but less than 80 %                  + 8-09
                                 — Of 80 % or more , but less than 82 %                 + 8-29
 ---pagebreak--- 30 . 3 . 76                       Official Journal of the European Commuivties                               No L 83 / 21
                                                                                      Refund in u.a./ 100 kg
                CCT heading No                        Description of goods              net weight (unless
                                                                                       otherwise indicated)
            ex 04.03                — Of 82 % or more, but less than 99-5 %                +     8-50
            (cont 'd)
                                    — Exceeding 99-5 %                                     +   10 31
            ex 04.04 A II           Emmentaler and Gruyère                                 +     5-44
            ex 04.04 C              Other than Roquefort                                   +     4-64
            ex 04.04 D II a) 1      Of a dry matter content, by weight :
                                    — Of 33 % or more, but less than 38 %                  +     1-69
                                    — Of 38 % or more, but less than 43 % and of a
                                        fat content, by weight, in the dry matter :
                                        — Less than 20 %                                   +     1-69
                                        — Of 20 % or more                                  +     2-53
                                    — Of 43 % or more and of a fat content, by
                                        weight, in the dry matter :
                                        — Less than 20 %                                   +     1 - 69
                                        — Of 20 % or more but less than 40 %               +     2-53
                                        — Of 40 % or more                                  +     3-73
            ex 04.04 D II a) 2      Of a dry matter content, by weight :
                                    — Of 33 % or more but less than 38 %                   +     1 - 69
                                    — Of 38 % or more but less than 43 %                   +     2-53
                                    — Of 43 % or more but less than 46 %                   +     3-73
                                    — Of 46 % or more and of a fat content, by
                                        weight, in the dry matter :
                                        — Less than 55 %                                   +     3-73
                                        — Of 55 % or more                                  +     4-42
            04.04 D II b)           Exceeding 36 %                                         +     4-42
            ex 04.04 E I b) 1 bb)   Of a fat content, by weight, in the dry matter of
                                    48 % or more                                           +     5-22
            ex 04.04 E I b) 5       Of a fat content, by weight, in the dry matter :
                                    — Less than 5 % and of a content, by weight, in
                                        the dry matter of 32 % or more                     +     1-33
                                    — Of 5 % or more bui less than 1 9 % and of a
                                        content, by weight, in the dry matter of 32 %
                                        or  more                                           +     2-49
 ---pagebreak--- No L 83/22                    Official Journal of the European Communities                                   30 . 3 . 76
                                                                                    Refund in u.a ./ 1 00 kg
               CCT heading No                     Description of goods                net weight (unless
                                                                                     otherwise indicated)
           ex 04.04 E I b) 5    — Of 19 % or more but less than 39 % and of a
           (cont'd)                 water content, calculated by weight, of the
                                    non-fatty matter not exceeding 62 %                  +     3-54
                                — Of 39 % or more :
                                    — Asiago, Caciocavallo, Provolone, Ragusano          +     5-42
                                    — Danbo, Edam , Fontal , Fontina, Fynbo,
                                        Gouda, Havarti , Maribo, Samsø, Tilsit            +    4-61
                                    — Butterkäse, Esrom , Italico, Kernhem , Saint­
                                        Nectaire, Saint-Paulin , Taleggio                 +    3-98
                                    — Cantal                                              +    4-88
                                — Salted Ricotta , of a fat content, by weight, of
                                    30 % or more                                          +    3-00
                                — Feta                                                    +    3-57
                                — Colby, Monterey                                         +    4-88
                                — Other, of a       water content, calculated by
                                    weight, of the  non-fatty matter :
                                    — Exceeding    47 % but not exceeding 52 %            +    5-42
                                    — Exceeding    52 % but not exceeding 62 %            +    4-61
           04.04 E I c)         — Of a fat content, by weight, in the dry matter
                                    exceeding 70 %                                        +    4-62
                                — Cottage cheese                                          4-   0-77
           ex 04.04 E II a)     Of a fat content, by weight, exceeding 20 % , of a
                                lactose content by weight less than 5 % and of a
                                dry matter content, by weight :
                                — Of 80 % or more but less than 85 %                      +    2-89
                                — Of 85 % or more but less than 95 %                      4-   3-75
                                — Of 95 % or more                                         +    4-33
           ex 23.07 B I a) 3    Of a content , bv weight , of milk powder of a fat
                                content by weight of or less than 1 1 % excluding
                                whey powder :
                                — 30 % or more but less than 40 %                         +    0-47
                                — 40 % or more but less than 50 %                         4-   0-61
                                — 50 % or more but less than 60 %                         +    0-76
                                — 60 % or more but less than 70 %                         +    0-91
                                — 70 % or more                                            +     105
           ex 23.07 B I a) 4    Of a content, by weight , of milk powder of a fat
                                content by weight of or less than 1 1 % excluding
                                whey powder :
                                — 30 % or more but less than 40 %                         +    0-47
                                — 40 % or more but less than 50 %                         +    0-61
 ---pagebreak--- 30 . 3 . 76                               Official Journal of the European Communities                                                             No L 83 /23
                                                                                                                         Refund in u.a./ 1 00 kg
                   CCT heading No                                   Description of goods                                   net weight (unless
                                                                                                                          otherwise indicated)
            ex 23.07 B I a) 4                — 50 % or more but less than 60 %                                                 +     0-76
            (cont 'd)                        — 60 % or more but less than 70 %                                                 +     0-91
                                             — 70 % or more but less than 75 %                                                 +      1 -05
                                             — 75 % or more but less than 80 %                                                 +      1-09
                                             — 80 % or more                                                                   '+      1-20
            ex 23.07 B II                    Of a content, by weight, of milk powder of a fat
                                             content by weight of or less than 1 1 % excluding
                                             whey powder :
                                             — 50 % or more but less than 60 %                                                 +     0-76
                                             — 60 % or more but less than 70 %                                                 +     0-91
                                             — 70 % or more but less than 80 %                                                 +      1-05
                                             — 80 % or more                                                                    +      1-20
            (') This amount is not applicable for exports under the conditions of Regulation (EEC) No 231 /76.
            (2) The weight of added non-lactic matter and lactose should be disregarded for the purpose of calculating fat content . The refund on
                100 kg of product falling within this subheading is equal to the sum of the following components :
                (a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product ;
                (b) a component established in application of the provisions of Regulation ( EEC) No 766/68 .
            (3) The refund on 100 kg of product falling within this subheading is equal to the sum of the following components :
                (a) the amount per 100 kg shown ; and
                (b) a component established in application of the provisions of Regulation (EEC) No 766/68 .
            The weight of non-milk fat should be disregarded for the purposes of calculating fat content.
 ---pagebreak--- No L 83/ 24                     Official Journal of the European Communities                              30 . 3 . 76
                                                      ANNEX II
            List of adjustments applicable to refunds fixed in advance before 15 March 1976 for the
            products indicated in Annex A to Regulation ( EEC) No 2682/ 72 and specified in Article 1
            of Regulation (EEC) No 804/68 , exported in the form of goods included in the Annex to
                                 the latter Regulation on or after 15 March 1976
                                                                                        Adjustment in
                                                                                       u.a ./ 1 00 kg net
              CCT heading No                        Description of goods                weight (unless
                                                                                           otherwise
                                                                                           indicated)
            ex 04.02 A II      Milk powder, obtained by the Spray process, of a fat
                               content, by weight, less than 1-5% , and of a water
                               content by weight less than 5 % (PG 2)                       +     1-46
            ex 04.02 A II      Milk powder, obtained by the Spray process of a fat
                               content by weight, of 26 % and of a water content by
                               weight less than 5 % (PG 3)                                  + 3-93
            ex 04.02 A III     Condensed milk, of a fat content, by weight, of 7-5 %
                               and of a weight referred to dry matter of 25 % (PG 4)        +     1-07
            ex 04.03           Butter, of a fat content, by weight, of 82 % (PG 6)          + 8-50