CELEX: 31978R2805
Language: en
Date: 1978-12-01 00:00:00
Title: Commission Regulation (EEC) No 2805/78 of 30 November 1978 fixing the export refunds on isoglucose

No L 334/28                         Official Journal of the European Communities                             1 . 12. 78
                                 COMMISSION REGULATION (EEC) No 2805/78
                                                 of 30 November 1978
                                      fixing the export refunds on isoglucose
THE COMMISSION OF THE EUROPEAN                                Whereas the refund is granted only in respect of iso­
COMMUNITIES,                                                  glucose satisfying the conditions laid down in Article
                                                              3 of Commission Regulation (EEC) No 1469/77 of 30
Having regard to the Treaty establishing the European         June 1977 laying down rules for applying the levy
Economic Community,                                           and the refund in respect of isoglucose and amending
                                                              Regulation (EEC) No 1 92/75 (3);
Having regard to Council Regulation (EEC) No
 1111 /77 of 17 May 1977 laying down common provi­            Whereas, in order that the system of refunds can func­
sions for isoglucose (*), as last amended by Regulation        tion normally, these should be calculated by
(EEC) No 1298/78 (2), and in particular the first             applying :
sentence of the third subparagraph of Article 4 (2) and
paragraph 5 thereof,                                          — in the case of currencies which are maintained in
                                                                   relation to each other at any given moment within
Having regard to the opinion of the Monetary                       a band of 2-25 % , a rate of exchange based on
Committee,                                                         their effective parity,
                                                              — for other currencies, an exchange rate based on the
Whereas, pursuant to Article 4 of Regulation (EEC)                 arithmetic mean of the spot market rates of each
No 1111 /77, provision may be made for an export                   of these currencies recorded for a given period in
refund for isoglucose ;                                            relation to the Community currencies referred to
                                                                   in the previous subparagraph ;
Whereas the level of the refund must be determined,
per 100 kilograms of dry matter, taking into account          Whereas in view of the foregoing the refund for isoglu­
the following, in particular :                                 cose should be fixed as shown in the Annex hereto ;
— the export refund applicable to products falling
     within subheading 17.02 B II a) of the Common            Whereas the measures provided for in this Regulation
     Customs Tariff ;                                          are in accordance with the opinion of the Manage­
                                                               ment Committee for Isoglucose,
— any production refund granted for the basic
     product used in the manufacture of products
     falling within subheading 17.02 B II a),
— the production levy referred to in Article 9 of              HAS ADOPTED THIS REGULATION :
     Regulation (EEC) No 1111 /77 and the economic
     aspects of the proposed exports ;
                                                                                        Article 1
Whereas, following the Judgment rendered by the
Court of Justice of the European Communities in               The export refund on the products specified in Article
Cases 103/77, 125/77 and 145/77, there is uncertainty          1 of Regulation (EEC) No 1111 /77 shall be as indi­
as to whether the abovementioned production levy is           cated in the Annex hereto.
to be taken into account in the calculation of the
refund ; whereas it is therefore appropriate not to take
the said levy into account in the calculation at present                                Article 2
but to provide for the refund to be increased by an
amount equal to that of the production levy, should           The amounts indicated in the Annex shall, at the
there be one, in force at the time of export of the            request of the interested party concerned, be increased
quality of isoglucose in question ;                           by an amount equal to the production levy, should
                                                               there be one, in force on the day of the completion of
Whereas the refund must be the same throughout the             the customs export formalities in respect of the
Community ; whereas it may be varied according to              products shown in the Annex.
destination ;
Whereas the said refunds must be fixed every month ;                                    Article 3
whereas they may be altered in the intervening
period ;                                                      This Regulation shall enter into force on 1 December
                                                               1978 .
(!) OJ No L 134, 28. 5. 1977, p. 4.
(2) OJ No L 160, 17. 6. 1978, p. 9.                           (3) OJ No L 162, 1 . 7. 1977, p. 9.
 ---pagebreak--- 1 . 12. 78                               Official Journal of the European Communities                                         No L 334/29
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 30 November 1978.
                                                                                             For the Commission
                                                                                              Finn GUNDELACH
                                                                                                 Vice-President
                                                                       ANNEX
           to the Commission Regulation of 30 November 1978 fixing the export refunds on
                                                                      isoglucose
                                                                                                                       (m u.a .)
                  CCT
                                                                                                                Refund per
                                                                        Description                              100 kg of
               heading No
                                                                                                                dry matter
           17.02                  Other sugars in solid form ; sugar syrups, not containing added
                                  flavouring or colouring matter ; artificial honey, whether or not
                                   mixed with natural honey ; caramel :
                                   D. Other sugars and syrups :
                                       I. Isoglucose                                                            1301 (1)
           21.07                   Food preparations not elsewhere specified or included :
                                   F. Flavoured or coloured sugar syrups :
                                       III. Isoglucose                                                          13.01 (»)
           (') Applicable only to products referred to in Article 3 of Regulation (EEC) No 1469/77.