CELEX: 31980R1338
Language: en
Date: 1980-05-31 00:00:00
Title: Commission Regulation (EEC) No 1338/80 of 30 May 1980 fixing the rates of the refunds applicable from 1 June 1980 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 5. 80                             Official Journal of the European Communities                             No L 135/43
                                     COMMISSION REGULATION (EEC) No 1338/80
                                                         of 30 May 1980
                 fixing die rates of the refunds applicable from 1 June 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 (^ 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 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 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 873/80 (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.
(J)  OJ  No  L 204, 28.  7. 1978 , p. 6.                             7) OJ  No  L 329 , 24. 12. 1979, p. 1 .
(J ) OJ  No  L 289, 27.  12. 1972, p. 13.                          (8)  OJ  No  L  91 , 25. 4 . 1970, p. 28 .
(4)  OJ  No  L 94, 8. 4. 1978, p. 7.                               O    OJ  No  L 94, 11 . 4. 1980, p. 10 .
 ---pagebreak---   No L 135/44                           Official Journal of the European Communities                            31 . 5. 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 (1), as last amended by
  Regulation (EEC) No 925/80 (2), and Commission                   1 . The rates of the refunds applicable from 1 June
  Regulation (EEC) No 1468/79 of 13 July 1979 on the               1980 to the basic products appearing in Annex A to
 granting of aid for butter from private storage for use          Regulation (EEC) No 2682/72 and listed in Article 1
  in the manufacture of pastry products, ice-cream and            of Regulation (EEC) No 804/68, exported in the form
 other foodstuffs (3), as amended by Regulation (EEC)             of goods listed in the Annex to Regulation (EEC) No
  No 2548/79 (4), authorizes delivery of butter at                804/68, are hereby fixed as shown in the Annex to
  reduced prices to industries which manufacture                  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 ;
 Whereas the measures provided for in this Regulation                                    Article 2
 are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,                       This Regulation shall enter into force on 1 June 1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 May 1980.
                                                                           For the Commission
                                                                           Étienne DAVIGNON
                                                                       Member of the Commission
(>) OJ  No  L 41 , 16. 2. 1979, p. 1 .
(2) OJ  No  L 99, 17. 4. 1980, p. 13.
(>) OJ  No  L 177, 14. 7. 1979, p. 40.
(<) OJ  No  L 290, 17. 11 . 1979, p. 51
(s) OJ  No  L 24, 31 . 1 . 1975, p. 45.
 ---pagebreak--- 31 . 5. 80                    Official Journal of the European Communities                            No L 135/45
                                                     ANNEX
           to the Commission Regulation of 30 May 1980 fixing the rates of the refunds applicable
           from 1 June 1980 to certain milk products exported in die form of goods not covered by
                                             Annex II to the Treaty
                                                                                            (ECU/100 kg)
                  CCT                                                                        Rate of
                 boding                                Description
                                                                                             refund
                   No
           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 % by weight (FG 2) :
           1                 a) On exportation of goods of CCT heading No 35.01                —
                             b) On exportation of other goods                                 50-00
           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)                                             97-70
           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 % (PG 4)       23-69
           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 Regulation
                                (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' foiling 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 %                                              170-53
                             c) On exportation of other goods                               163-00