CELEX: 31979R0412
Language: en
Date: 1979-03-01 00:00:00
Title: Commission Regulation (EEC) No 412/79 of 28 February 1979 fixing the rate of the refunds applicable from 1 March 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty

1 . 3 . 79                                  Official Journal of the European Communities                         No L 50 /33
                                         COMMISSION REGULATION (EEC) No 412/79
                                                          of 28 February 1979
                 fixing the rate of the refund applicable from 1 March 1979 to isoglucose
                        exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                         Whereas, following the Judgment rendered by the
 COMMUNITIES,                                                           Court of Justice of the European Communities in
                                                                        Cases 103/77, 125/77 and 145/77, there is uncertainty
                                                                       as to whether the production levy mentioned in
 Having regard to the Treaty establishing the European                 Article 9 of Regulation (EEC) No 1111 /77 is to be
 Economic Community,                                                    taken into account in the calculation of the refund ;
                                                                       whereas it is therefore appropriate not to take the said
 Having regard to Council Regulation (EEC) No                           levy into account in the calculation at present but to
 1111 /77 of 17 May 1977 laying down common provi­                     provide for the refund to be increased by an amount
sions for isoglucose (1), as last amended by Regulation                equal to that of the production levy, should there by
(EEC) No 1298/78 (2), and in particular the first                      one, in force at the time of export of the quantity of
sentence of the third subparagraph of Article 4 (2) and                isoglucose in question ;
paragraph 5 thereof,
                                                                       Whereas the measures provided for in this Regulation
Whereas, pursuant to Article 4 of Regulation (EEC)                     are in accordance with the opinion of the Manage­
No 1111 /77, provision may be made for a refund on                     ment Committee for Isoglucose,
the export of isoglucose in the form of the goods
shown in the Annex to that Regulation ;
Whereas Council Regulation (EEC) No 2682/72 of 12
December 1972 laying down general rules for
granting export refunds for certain agricultural                       HAS ADOPTED THIS REGULATION :
products exported in the form of goods not covered
by Annex II to the Treaty, and the criteria for fixing
the amount of such refunds (3), as last amended by
Regulation (EEC) No 707/78 (4), specifies that a rate of                                       Article 1
refund should be fixed and apply when isoglucose
covered by Common Customs Tariff subheading
 17.02 D I is exported in the form of goods listed in                  The rate of the refund applicable from 1 March 1979
the Annex to Regulation (EEC) No 1111 /77 ;                            to isoglucose of Common Customs Tariff subheading
                                                                        17.02 D I exported in the form of goods listed in the
Whereas, in accordance with the first subparagraph of                  Annex to Regulation (EEC) No 1111 /77 is fixed as
                                                                       shown in the Annex hereto .
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate
of the refund must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that                                                Article 2
Article, that rate must be determined with particular
reference to :
                                                                       The amount indicated in the Annex shall, at the
(a) the level of the refunds on exports of processed                   request   of the interested party, be increased by an
      agricultural products covered by Annex II to the                 amount    equal to the production levy, should there be
      Treaty which are manufactured under similar                      one, in   force on the day of the completion of the
      conditions ;                                                     customs   export formalities in respect of the products
                                                                       shown in the Annex .
(b) the need to ensure equality of competition for the
      industries which use Community products and
      those which use third-country products under
      inward processing arrangements ;                                                         Article 3
(>)  OJ  No  L  134, 28 .  5. 1977, p. 4 .
(2)  OJ  No  L  160 , 17 . 6 . 1978 , p. 9 .
(J)  OJ  No  L  289, 27.   12. 1972, p. 13.                            This Regulation shall enter into force on 1 March
(4)  OJ  No  L  94, 8 . 4.  1978 , p. 7 .                              1979 .
 ---pagebreak--- No L 50/34                    Official Journal of the European Communities                                        1 . 3 . 79
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 28 February 1979 .
                                                                   For the Commission
                                                                    Étienne DAVIGNON
                                                                Member of the Commission
                                                   ANNEX
           to the Commission Regulation of 28 February 1979 fixing the rate of the refund applicable
           from 1 March 1979 to isoglucose exported in the form of goods not covered by Annex II to
                                                  the Treaty
                                                                                                   ( in II . J. )
                                                                                     Amount of refund
               CCT heading No                       Description                         for 100 kg
                                                                                      of dry matter
           17.02 D I             Isoglucose                                               13-12