CELEX: 31980R0223
Language: en
Date: 1980-02-01 00:00:00
Title: Commission Regulation (EEC) No 223/80 of 31 January 1980 fixing the rates of the refunds applicable from 1 February 1980 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

1 . 2. 80                                Official Journal of the European Communities                             No L 26/37
                                      COMMISSION REGULATION (EEC) No 223/80
                                                       of 31 January 1980
                 fixing the rates of die refunds applicable from 1 February 1980 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 (1), as last
                                                                    Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 1761 /78 (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 1 1 (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 707/78 (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 2915/79 of 18 December 1979
 products in question must be fixed for each month ;                 determining the groups of products and the special
                                                                     provisions for calculating levies on milk and milk
                                                                     products and amending Regulation (EEC) No 950/68
 Whereas, in accordance with paragraph 2 of that                     on the Common Customs Tariff (7) ; whereas a rate of
 Article, that rate must be determined with particular               refund should be fixed 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
      tion on the Community market and the prices                    No 756/70 of 24 April 1970 on granting aid for
                                                                     skimmed milk processed into casein or caseinates (8),
      ruling on the world markets ;
                                                                     as last amended by Regulation (EEC) No 2213/79 (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.                          (6) OJ  No  L 73, 27. 3 . 1972, p. 14.
 i2) OJ  No  L   204, 28.   7. 1978, p. 6.                           (7) OJ  No  L 329, 24. 12. 1979, p. 1 .
 (>) OJ  No  L   289, 27.   12. 1972, p. 13.                         (8) OJ  No  L 91 , 25. 4. 1970 , p. 28 .
 («) OJ  No  L   94, 8 . 4. 1978, p. 7.                              H   OJ  No  L 256, 11 . 10 . 1979, p. 23
 ---pagebreak---  No L 26/38                              Official Journal of the European Communities                            1 . 2. 80
 Whereas Commission Regulation (EEC) No 262/79 of                  HAS ADOPTED THIS REGULATION :
  12 February 1979 on the sale of butter at reduced
 prices for use in the manufacture of pastry products,                                    Article 1
 ice-cream and other foodstuffs ^), as last amended by
 Regulation (EEC) No 2478/79 (2), and Commission                    1 . The rates of the refunds applicable from 1
 Regulation (EEC) No 1468/79 of 13 July 1979 on the                February 1980 to the basic products appearing in
 granting of aid for butter from private storage for use           Annex A to Regulation (EEC) No 2682/72 and listed
 in the manufacture of pastry products, ice-cream and              in Article 1 of Regulation (EEC) No 804/68, exported
 other foodstuffs (3), as amended by Regulation (EEC)              in the form of goods listed in the Annex to Regula­
 No 2548/79 (4), authorizes delivery of butter at                  tion (EEC) No 804/68, are hereby fixed as shown in
 reduced prices to industries which manufacture                    the Annex to this Regulation .
 certain goods ; whereas butter bought under the
 system of Regulation (EEC) No 232/75 (5), replaced by             2. No rates of refund are fixed for any of the
 Regulation (EEC) No 262/79, and used in the manu­                 products referred to in the preceding paragraph which
 facture of certain exported goods, should be taken into           are not listed in the Annex to this Regulation .
 account ;
                                                                                          Article 2
 Whereas the Management Committee for Milk and
 Milk Products has not delivered an opinion within the             This Regulation shall enter into force on 1 February
 time limit set by its chairman,                                   1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 31 January 1980.
                                                                            For the Commission
                                                                             Étienne DAVIGNON
                                                                        Member of the Commission
(•) OJ  No  L 41 , 16. 2. 1979, p. 1 .
(*) OJ  No  L 281 , 10. 11 . 1979, p. 25.
(>) OJ  No  L 177, 14. 7 . 1979, p. 40 .
(«) OJ  No  L 290, 17 . 11 . 1979, p. 51 .
(5) OJ  No  L 24, 31 . 1 . 1975, p. 45 .
 ---pagebreak--- 1 . 2 . 80                      Official Journal of the European Communities                             No L 26/39
                                                       ANNEX
           to the Commission Regulation of 31 January 1980 fixing the rates of the refunds applicable
           from 1 February 1980 to certain milk products exported in the form of goods not covered by
                                                Annex II to the Treaty
                                                                                            (ECU/100 kg)
                CCT
               heading                                                                       Rate of
                                                       Description
                 No                                                                           refund
           ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                            fat content of less than 1.5 °/o 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                                   6000
           ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                            fat content of 26 °/o by weight and a water content of
                            less than 5 °/o by weight (PG 3)                                 106-31
           ex 04.02 A III   Concentrated milk, with a fat content by weight of 7-5 °/o
                            and a content by weight in dry matter equal to 25 °/o
                             ( PG 4)                                                           24-37
           ex 04.03         Butter, with a fat content by weight of 82 °/o (PG 6) :
                            a) On exportation of the following goods manufactured
                                 under the conditions laid down in Article 6 of Regu­
                                 lation (EEC) No 232/75, Articles 4 and 5 of Regulation
                                 (EEC) No 262/79 and Article 1 of Regulation (EEC)
                                 No 1468 / 79 :
                                — goods falling within CCT heading No 19.08 or
                                     subheadings 18.06 B and 21.07 C,
                                — powdered preparations for making ice-cream and
                                     similar edible products called 'ice-mix' falling
                                     within CCT subheading 18.06 D and heading
                                     No 21.07,
                                — raw doughs and powdered preparations falling
                                     within CCT subheading 19.02 B II b )                       _
                            b) On exportation of goods of CCT subheadings 21.07
                                 G VII a ) and 21.07 G VIII a) with a content of
                                 non-milk fats of more than 20 %                             ■189-08
                             c) On exportation of other goods                                 181-00