CELEX: 31979R2389
Language: en
Date: 1979-10-31 00:00:00
Title: Commission Regulation (EEC) No 2389/79 of 29 October 1979 fixing the rates of the refunds applicable from 1 November 1979 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 10 . 79                              Official Journal of the European Communities                          No L 274/21
                                       COMMISSION REGULATION (EEC) No 2389/79
                                                         of 29 October 1979
                 fixing the rates of the refunds applicable from 1 November 1979 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 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
                                                                     equivalent effect applicable in all Member States in
 Whereas Article 17 (1 ) of Regulation (EEC) No 804/68               accordance with the Regulation on the common
 provides that the difference between prices in interna­             organization of the market in the product in question
 tional trade for the products listed in Article 1 (a), (b),         to the basic products listed in Annex A to that Regula­
 (c) and (e) of that Regulation and prices within the                tion or to assimilated products ;
 Community may be covered by an export refund ;
 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
                                                                     milk and the casein        manufactured from it fulfil
 amount of such refunds (3), as last amended by Regula­
 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 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                       1000/78 (8) ; whereas a rate of refund should be fixed
Article, that rate must be determined with particular                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            No 756/70 of 24 April 1970 on granting aid for
     tion on the Community market and the prices                     skimmed milk processed into casein or caseinates (9),
     ruling on the world markets ;                                   as last amended by Regulation (EEC) No 2213/79 (10) ;
                                                                     fixes the aid per 100 kilograms of skimmed milk
                                                                     processed into casein or caseinates according to type ;
(b) the level of the refunds on exports of processed
     agricultural products covered by Annex II to the                (5) OJ No L 169, 18 . 7. 1968, p. 6.
                                                                     (6) OJ No L 73, 27. 3. 1972, p. 14.
(») OJ  No   L  148 , 28 . 6. 1968, p. 13 .                          (7) OJ No L 151 , 30. 6. 1968, p. 3.
(2) OJ  No   L 204, 28 .   7. 1978 , p. 6.                           (8) OJ No L 130, 18 . 5. 1978, p. 7.
P)  OJ  No   L 289, 27.    12. 1972, p. 13.                          (9) OJ No L 91 , 25. 4. 1970, p. 28 .
(<) OJ  No   L 94, 8 . 4.  1978, p. 7 .                              (10) OJ No L 256, 11 . 10. 1979, p. 23.
 ---pagebreak---  No L 274/22                            Official Journal of the European Communities                          31 . 10 . 79
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 amended by
                                                                   1 . The rates of the refunds applicable from 1
 Regulation (EEC) No 545/79 (2), and Commission                   November 1979 to the basic products appearing in
 Regulation (EEC) No 1468/79 of 13 July 1979 on the               Annex A to Regulation (EEC) No 2682/72 and listed
granting of aid for butter from private storage for use           in Article 1 of Regulation (EEC) No 804/68, exported
 in the manufacture of pastry products, ice-cream and             in the form of goods listed in the Annex to Regula­
 other foodstuffs (3), 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 (4), 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 measures provided for in this Regulation
 are in accordance with the opinion of the Manage­                This Regulation shall enter into force on 1 November •
 ment Committee for Milk and Milk Products,                        1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 October 1979.
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(!) OJ  No  L 41 , 16. 2. 1979, p. 1 .
(2) OJ  No  L 72, 23 . 3 . 1979, p. 15.
(3) OJ  No  L 177, 14. 7. 1979, p. 40.
(4) OJ  No  L 24, 31 . 1 . 1975, p. 45.
 ---pagebreak--- 31 . 10 . 75                     Official Journal of the European Communities                             No L 274/23
                                                        ANNEX
             to the Commission Regulation cf 29 October 1979 fixing the rates of the refunds applicable
             from 1 November 1979 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                            refund
                   No
             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                                  66.50
             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 )                                 113.10
             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 % (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 %                              207.79
                              c) On exportation of other goods                                198.90