CELEX: 31978R0402
Language: en
Date: 1978-02-28 00:00:00
Title: Commission Regulation (EEC) No 402/78 of 27 February 1978 fixing the rates of the refunds applicable from 1 March 1978 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

28 . 2. 78                               Official Journal of the European Communities                            No L 58 /29
                                     COMMISSION REGULATION (EEC) No 402/78
                                                      of 27 February 1978
                fixing the rates of the refunds applicable from 1 March 1978 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 2560/77 (2), and in                  provides that, when the rate of the refund is being
particular Article 17 (5) thereof,                                  fixed, account should be taken, where necessary, of
                                                                    production refunds, aids or other measures having
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68              equivalent effect applicable in all Member States in
provides that the difference between prices in interna­             accordance with the Regulation on the common
tional trade for the products listed in Article 1 (a), (b),         organization of the market in the product in question
(c) and (e) of that Regulation and prices within the                to the basic products listed in Annex A to that Regula­
Community may be covered by an export refund ;                      tion or to assimilated products ;
whereas Council Regulation (EEC) No 2682/72 of 12
December 1972 laying down general rules for
granting export refunds on certain agricultural                     Whereas Article 11 ( 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
amount of such refunds (3), as last amended by Regula­              milk and the casein          manufactured  from   it fulfil
tion (EEC) No 152/78 (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                     2560/77 ; whereas a rate of refund should be fixed for
Article, that rate must be determined with particular               this milk powder ;
 reference to :
(a) the average costs incurred by processing industries
     in obtaining supplies of the basic products in ques­           Whereas Article 2 of Commission Regulation (EEC)
     tion on the Community market and the prices                     No 756/70 of 24 April 1970 on granting aid for
     ruling on the world markets ;                                  skimmed milk processed into casein or caseinates (8),
                                                                    as last amended by Regulation (EEC) No 984/77 (9) ;
                                                                    fixes the aid per 100 kilograms of skimmed milk
 (b) the level of the refunds on exports of processed                processed into casein or caseinates according to type ;
     agricultural products covered by Annex II to the
                                                                    (5)  OJ No  L  169, 18 . 7. 1968, p. 6.
(») OJ  No  L   148, 28. 6. 1968, p. 13.                            (')  OJ No  L  73, 27. 3 . 1972, p. 14.
(2) OJ  No  L   303, 28 . 11 . 1977, p. 1 .                         (7)  OJ No  L  151 , 30. 6. 1968, p. 3.
(3) OJ  No  L   289, 27. 12. 1972, p. 13.                           (8)  OJ No  L  91 , 25. 4. 1970, p. 28 .
(4) OJ  No  L   23, 28. 1 . 1978, p. 1 .                             (9) OJ No  L  118, 11 . 5. 1977, p. 8 .
 ---pagebreak--- No L 58/30                            Official Journal of the European Communities                            28 . 2. 78
Whereas Commission Regulation (EEC) No 232/75 of                 Regulation (EEC) No 2682/72 and listed in Article 1
30 January 1975 on the sale of butter at reduced                 of Regulation (EEC) No 804/68 , exported in the form
prices for use in the manufacture of pastry products             of goods listed in the Annex to Regulation (EEC) No
and ice cream (!), as last amended by Regulation                 804/68 , are hereby fixed as shown in the Annex to
(EEC) No 367/78 (2), authorizes the delivery to indus­           this Regulation .
tries manufacturing the goods falling within heading
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
                                                                 are not listed in the Annex to this Regulation .
Whereas the measures provided for in 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 . The rates of the refunds applicable from 1 March            This Regulation shall enter into force on 1 March
 1978 to the basic products appearing in Annex A to               1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 27 February 1978 .
                                                                           For the Commission
                                                                            Étienne DAVIGNON
                                                                        Member of the Commission
 (») OJ No L 24, 31 . 1 . 1975, p. 45.
 (2) OJ No L 52, 23 . 2. 1978 , p . 12.
 ---pagebreak--- 28 . 2. 78                     Official Journal of the European Communities                                No L 58/31
                                                      ANNEX
           to the Commission Regulation of 27 February 1978 fixing the rates of the refunds applicable
           from 1 March 1978 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
                 No                                                                          refund
           ex 04.02 A II    Powdered milk, 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 °/o 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 °/o
                            ( 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 Regulation (EEC) No 232/75
                            b) On exportation of goods of CCT subheading
                               21.07 G VIII a) with a content of non-milk fats of
                                more than 20 °/o                                            166.90
                            c) On exportation of other goods                                159.75