CELEX: 31977R1005
Language: en
Date: 1977-05-12 00:00:00
Title: Commission Regulation (EEC) No 1005/77 of 12 May 1977 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

13 . 5 . 77                               Official Journal of the European Communities                         No L 120 /9
                                      COMMISSION REGULATION ( EEC) No 1005 /77
                                                             of 12 May 1977
                fixing the adjustments to be made to refunds fixed in advance for milk and milk
                                                                 products
  THE COMMISSION OF THE EUROPEAN                                        basic products exported unprocessed ; whereas the
  COMMUNITIES,                                                          refunds fixed in advance for the said products should
                                                                        therefore also be adjusted ;
  Having regard to the Treaty establishing the European
  Economic Community,                                                   Whereas the Management Committee for Milk and
                                                                        Milk Products has not delivered an opinion within the
                                                                        time limit set by its chairman ,
  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
  particular Article 17 (4) thereof,                                    HAS ADOPTED THIS REGULATION :
  Whereas, under the third subparagraph of Article 5 (3)
  of Council Regulation ( EEC) No 876/68 of 28 June                                            Article 1
  1968 laying down general rules for granting export
  refunds on milk and milk products and criteria for
  fixing the amount of such refunds (3 ), as last amended               1 . Refunds fixed in advance before 28 April 1977
  by Regulation ( EEC) No 2429/72 (4), refunds fixed in                for products as set out in Annexes I and II which are
  advance may be adjusted where there is a change in                   exported :
  the intervention prices and in the amount of certain
  aids for milk products ;                                             — on or after 13 June 1977 in the case of products of
                                                                            CCT heading No 04.04, with the exception of
                                                                            cottage cheese of subheading ex 04.04 E I c),
 Whereas, in pursuance of Council Regulation ( EEC)                    — on or after 15 May 1977 in the case of other
  No 872/ 77 of 26 April 1 977 (5 ), intervention prices                    products,
 have been increased with effect from 1 May 1 977 ;
 whereas the effect of the new prices on the level of
                                                                       shall , at the request of the parties concerned, be
  market prices is such that an adjustment of refunds
                                                                       adjusted by the amounts set out in the Annexes to
  fixed in advance for milk products appears justified ,
                                                                       this Regulation .
 except for cheeses exported to Zone E and Canada ,
 where the level of market prices is increasing, and
 except for bulk butter and bulk skimmed-milk                          2.     However, refunds fixed in advance for products
 powder manufactured before the application of the                     falling within CCT heading No 04.04 which are
 new intervention prices ;                                             exported to Zone E or to Canada shall not be
                                                                       adjusted .
 Whereas, in accordance with the third subparagraph
 of Article 5 (2) of Council Regulation ( EEC) No                      3.     Adjustments set out in Annex I for products of
 2682/72 of 12 December 1972 laying down general                       the following subheadings of the Common Customs
 rules for granting export refunds on certain agricul­                 Tariff shall be granted only if proof is given that the
 tural products, exported in the form of goods not                     product exported has been manufactured after 1 May
                                                                       1977 :
 covered by Annex II to the Treaty, and the criteria for
 fixing the amount of such refunds (<'), refunds fixed in
 advance for the products specified in Annex A to the                  — ex 04.03 A in packages of more than 2.5 kilo­
 said Regulation are to be adjusted according to the                       grams ,
 rules applicable to the advance fixing of the refund on               — 04.02 A II b ) 1 .
(') O ) No L 148 , 28 . 6 . 1 968 , p. I 3 .
(-) OJ No I. 67, 15 . 3 . 1976, p. 9 .                                 Member States shall take the necessary measures as
P OJ No L 1 55, 3 . 7. 1968 , p. I.
(■») OJ ; No L 264, 23 . I I. 1972 , p . I.                            regards the documents to be produced as proof for
(5 ) 0J No 1. 106 , 29 . 4 . 1977, p. 17 .                             purposes of the preceding subparagraph , including the
( b) OJ No L 289 , 27 . 12 . 1972, p. 13                               necessary checking arrangements .
 ---pagebreak---  No L 120 / 10                         Official Journal of the European Communities                           13 . 5 . 77
 4.    The day to be taken into account in deter­                     to in Article 9 (3) (b) of Regulation ( EEC) No
 mining :                                                             193 / 75 .
 — the date of advance fixing, shall be the day on
     which the application for the export licence was                                      Article 2
     lodged, within the meaning of Article 6 ( 1 ) of
     Regulation ( EEC) No 1 93/75 ( 1 ) ;                        This Regulation shall enter into force on the day
 — the date of exportation , shall be the day on which           following its publication in the Official Journal of
     are completed the customs formalities as referred            the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 12 May 1977 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
(') OJ No L 25, 31 . 1 . 1975, p. 10 .
 ---pagebreak--- 13 . 5 . 77                       Official Journal of the European Communities                                No L 120 / 11
                                                        ANNEX I
             List of the adjustments applicable to refunds fixed in advance before 28 April 1977 in
             respect of certain products specified in Article 1 of Regulation ( EEC) No 804/68 exported
                                                 in their natural state
                                                                                       Refund in u.a./ 100 kg
                 CCT heading No                       Description of goods               net weight (unless
                                                                                        otherwise indicated)
             ex 04.01 Ala)          Other than whey                                          + 0.50
             ex 04.01 A II          Other than whey, of a fat content, by weight :
                                   '—   Not exceeding 1.5%                                   +    0.25
                                    —   Exceeding 1 .5 % but not exceeding 3 %               +-   0.37
                                    —   Exceeding 3 % but not exceeding 4°                   +    0.50
                                    —   Exceeding 4 %                                        +-   0.58
            ex 04.01 B I            Other than whey, of a fat content, by weight :
                                    — Not exceeding 10 %                                     + 0.74
                                    — Exceeding 10 % but not exceeding 17%                   +-   1.15
                                    — Exceeding 17%                                          +-   1.71
            ex 04.01 B II           Other than whey, of a fat content, by weight :
                                    — Not exceeding 35 %
                                                                                             +-  2.04
                                    — Exceeding 35 % but not exceeding 39 %
                                                                                             +-  3.19
                                    — Exceeding 39 %
                                                                                             +   .Ml
            ex 04.01 B III          Other than whey, of a fat content, by weight :
                                    — Not exceeding 68 %                                     +-  3.99
                                    — Exceeding 68 % but not exceeding 80 %                  +   5.88
                                    — Exceeding 80 %                                         +-  6.86
            04.02 A II              Of a fat content, by weight :
                                   — Not exceeding 1 .5 %                                    + 2.72 (')
                                   —   Exceeding   1.5%    but   not exceeding 11 %          +- 2.72 (')
                                                                                             +-  3.60
                                   —   Exceeding   11 %   but   not exceeding 17%
                                   —   Exceeding   17%    but   not exceeding 25 %           +-  3.98
                                   —   Exceeding  25 %    but   not exceeding 27 %           + 4.45
                                   —   Exceeding  27 %    but   not exceeding 29 %           +- 4.58
                                   —   Exceeding  29 %    but   not exceeding 41 %           +   4.68
                                   —   Exceeding  41 %                                       +-  5.39
            ex 04.02 A III         Of a fat content , by weight :
                                   — Exceeding 3 % but not exceeding 7.4 %                   +   0.89
                                   — Exceeding 7.4 % but not exceeding 8.9 %                 +   1.18
 ---pagebreak--- No L 120 / 12                  Official Journal of the European Communities                                 13 . 5 . 77
                                                                                     Refund in u.a./ 100 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 1 1 %           +    1 41
                                     Exceeding 1 1 % but not exceeding 21 %            +-   1.15
                                     Exceeding 21 % but not exceeding 39 %              + 3 04
                                     Exceeding 39 % but not exceeding 45 %              + 3.51
                                     Exceeding 45 %                                     + 3.99
            ex 04.02 B 1 b)      Other than whey, of a fat content, by weight :
                                 — Not exceeding 1 .5 %                                 + 0 0272 (-)
                                                                                               ks
                                 — Exceeding 1.5% but not exceeding 11 %                + 0.0272 (-')
                                                                                               H
                                 — Exceeding 11 % but not exceeding 17%                 + 0.0360 (-')
                                 — Exceeding 1 7 % but not exceeding 25 %               + 0 0398 (-)
                                 — Exceeding 25 % but not exceeding 27 %                + 0.0445 (-')
                                 — Exceeding 27 % but not exceeding 41 %                + 0-0458 (-')
                                                                                               kg
                                 — Exceeding 41 %                                       + 0.0539 ( : )
                                                                                               kg
            ex 04.02 B           Other than whey, of a fat content, by weight :
                                 — Not exceeding 6.9 % and of a lactic dry
                                     matter content, by weight, of 15% or more          + 0.74         (3 )
                                 — Exceeding 6.9 % but not exceeding 9.5 %
                                     and of a lactic dry matter content, by weight,
                                     of 1 5 % or more                                   + 1.46        (3 )
                                 — Exceeding 9.5 % but not exceeding 21 % and
                                     of a lactic dry matter content, by weight, less
                                     than 1 5 %                                         + 0.011 5 (-')
                                 — Exceeding 21 % but not exceeding 39 %                + 0.0204 (-')
                                                                                               H
                                 — Exceeding 39 % but not exceeding 45 %                + 0.0351 (-)
                                 — Exceeding 45 %                                       + 0.0399 (-')
            ex 04.03             Of a fat content , by weight :
                                — Of 62 % or more , but less than 78 %                  -I- 5.38
                                — Of 78 % or more, but less than 80 %                   +   6.80
                                 — Of 80 % or more , but less than 82 %                 + 6.98
 ---pagebreak--- 13 . 5 . 77                       Official Journal of the European Communities                               No L 120 / 13
                                                                                      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 %                +    7.15
              (cont 'd)
                                    — Exceeding 99.5 %                                     + 8.62
             ex 04.04 A II          Emmentaler and Gruyere                                 +   6.24
             ex 04.04 C             Other than Roquefort                                   +   5.14
             ex 04.04 D II a) 1     Of a dry matter content, by weight :
                                    — Of 33 % or more, but less than 38 %                  +    1.92
                                    — Of 38 % or more , but less than 43 % and of a
                                       fat content , by weight , in the dry matter :
                                       — Less than 20 %                                    +    1.92
                                       — Of 20 % or more                                   +   2.84
                                    — Of 43 % or more and of a fat content, by
                                       weight, in the dry matter :
                                       — Less than 20 %                                    +   1.92
                                       — Of 20 % or more but less than 40 %                +   2.84
                                       — Of 40 % or more                                   +   4.16
             ex 04.04 D II a) 2    Of a dry matter content, by weight :
                                   — Of 33 % or more but less than 38 %                    +   1.92
                                   — Of 38 % or more but less than 43 %                   +    2.84
                                   — Of 43 % or more but less than 46 %                    +   4.16
                                   — Of 46 % or more and of a fat content, by
                                       weight, in the dry matter :
                                       — Less than 55 %                                   +   4.16
                                       — Of 55 % or more                                  +   4.92
                04.04 D II b)      Exceeding 36 %                                          +   4.92
            ex 04.04 E I a ) 1     Of a fat content , by weight, not exceeding 40 %
                                   and of a water content , calculated by weight , of
                                   the non-fatty matter not exceeding 47 %                +    7.04
            ex 04.04 E I b) 1 bb)  Of a fat content, by weight, in the dry matter of
                                   48 % or more                                           +   5.81
            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                      +   2.47
                                   — Of 5 % or more but less than 19 % and of a
                                      content, by weight, in the dry matter of 32 %
                                      or more                                             +    3.85
 ---pagebreak--- No L 120/ 14                   Official Journal of the European Communities                                  13 . 5 . 77
                                                                                      Refund in u.a./ 100 kg
                CCT heading No                      Description of goods                net weight (unless
                                                                                       otherwise indicated)
           ex 04.04 E I b) 5     — Of 1 9 % or more but less than 39 % and of a
           (cont'd)                  water content, calculated by weight, of the
                                     non-fatty matter not exceeding 62 %                    +- 4.61
                                 — Of 39 % or more :
                                     — Asiago , Caciocavallo, Provolone , Ragusano          + 6.01
                                     — Danbo, Edam , Fontal , Fontina , Fynbo,
                                        Gouda, Havarti , Maribo, Samsø , Tilsit             +   5.32
                                     — Butterkase, Esrom , Italico, Kernhem , Saint­
                                         Nectaire , Saint-Paulin , Taleggio                 +   4.60
                                     — Cantal                                               +   5.43
                                 — Salted Ricotta, of a fat content, by weight, of
                                     30 % or more                                           +   2.15
                                 — Feta                                                     +- 4.32
                                 — Colby, Monterey                                          +   5.43
                                 — Other, of a water content , calculated by
                                     weight, of the non-fatty matter :
                                     — Exceeding 47 % but not exceeding 52 %                +-  6.01
                                     — Exceeding 52 % but not exceeding 62 %                + 5.32
            04.04 E 1 c )        — Of a fat content , by weight , in the dry matter
                                     exceeding 70 %                                         +-  3.80
                                 — Cottage cheese                                           +-  1.43
            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 %                       +-  3.40
                                 — Of 85 % or more but less than 95 %                       + 4.42
                                 — Of 95 % or more                                          +-  5 - 10
            ex 23.07 B I a ) 3   Of a content , by weight , of milk powder of a fat
                                 content by weight ot or less than 1 1 % excluding
                                 whey powder :
                                 — 30 % or more but less than 40 %                          + 0.87 (•»)
                                 — 40 % or more but less than 50 %                          + l.14 ("»)
                                 — 50 % or more but less than 60 %                          +- 1.41 (■»)
                                 — 60 % or more but less than 70 %                          + 1 p 69 (4 )
                                 — 70 % or more                                             + 1 96 (4 )
            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 %                          +- 0.87 (■»)
                                 — 40 % or more but less than 50 %                          + 1 1 4 (4 )
 ---pagebreak--- 13 . 5 . 77                                  Official Journal of the European Communities                                                           No L 120 / 15
                                                                                                                           Refund in u.a / 100 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 %                                              +     1.41 O
             (cont'd)                            — 60 % or more but less than 70 %                                              +     1.69 (•»)
                                                 — 70 % or more but less than 75 %                                              +     1.96(4)
                                                 — 75 % or more but less than 80 %                                              +     2.09 (•*)
                                                 — 80 % or more                                                                       2.23 H
             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 %                                              +     1.41 H
                                                 — 60 % or more but less than 70 %                                              +     1-69H
                                                 — 70 % or more but less than 80 %                                              +     1.96(4 )
                                                 — 80 % or more                                                                 +     2.23 O
            (') This amount is not applicable to exports under Regulation ( EEC ) No 2054 / 76 .
            (-') 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 accordance with 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 accordance with Regulation ( EEC ) No 766 / 68 .
            (■*) This amount is not applicable to exports of these products containing skimmed-milk powder purchased under Regulation ( EEC ) No
                  20 '54 / 76 .
            The weight of non-milk fat should be disregarded for the purposes of calculating fat content .
 ---pagebreak--- No L 120 / 16                   Official Journal of the European Communities                                 13 . 5 . 77
                                                      ANNEX II
            List of adjustments applicable to refunds fixed in advance before 28 April 1977 in respect
            of 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
                                                                                             Adjustment
               CCT heading No                       Description of goods                   in u.a./ 100 kg
                                                                                         net 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)                         + 2.72
            ex  04.02 A II     Milk powder, obtained by the Spray process of a fat
                               content by weight, og 26 % and of a water content by
                               weight less than 5 % (PG3)                                     + 4.45
            ex  04.02 A III    Condesed milk, of a fat content, by weight, of 7.5 % and
                               of a weight referred to dry matter of 25 % (PG 4)              +    1.18
            ex  04.03          Butter of a fat content, by weight of 82 % ( PG 6)             + 7.15