CELEX: 31977R2178
Language: en
Date: 1977-10-01
Title: Commission Regulation (EEC) No 2178/77 of 30 September 1977 fixing the rates of the refunds applicable from 1 October 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

1 . 10. 77                               Official Journal of the European Communities                           No L 251 /51
                                       COMMISSION REGULATION (EEC) No 2178/77
                                                       of 30 September 1977
                  fixing the rates of the refunds applicable from 1 October 1977 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 559/76 (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 3138/76 (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                      1 638/77 (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 984/77 (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               (») OJ No L 169, 18 . 7. 1968, p. 6.
                                                                     (b) OJ No L 73, 27. 3. 1972, p. 14.
( 1) OJ  No  L   148, 28 . 6. 1968 , p. 13.                          O OJ No L 151 , 30. 6: 1968, p. 3.
(2)  OJ  No  L  67, 15. 3. 1976, p. 9.                               (») OJ No L 183, 22. 7. 1977, p. 3.
(»)  OJ  No  L  289, 27. 12. 1972, p. 13.                            H OJ No L 91 , 25. 4. 1970, p. 28.
(")  OJ  No  L  354, 24. 12. 1976, p. 1 .                            ( 10) OJ No L 118, 11 . 5. 1977, p. 8 .
 ---pagebreak---  No L 251 /52                           Official Journal of the European Communities                           1 . 10. 77
 Whereas Commission Regulation (EEC) No 232/75 of                 applicable from 1 October 1977 to the basic products
 30 January 1975 on the sale of butter at reduced                 appearing in Annex A to Regulation (EEC) No
 prices for use in the manufacture of pastry products             2682/72 and listed in Article 1 of Regulation (EEC)
 and ice cream ('), as last amended by Regulation                 No 804/68, exported in the form of goods listed in
 (EEC) No 1 890/77 (2), authorizes the delivery to indus­         the Annex to Regulation (EEC) No 804/68, are hereby
 tries manufacturing the goods falling within heading             fixed as shown in the Annex to this Regulation.
 No 19.08 or subheadings 18.06 B and 21.07 C and 'ice
 mix' or subheadings 18.06 D and ex 21.07 of the
 Common Customs Tariff, of butter at a reduced price              2. No rates of refund are fixed for any of the
 under a standing invitation to tender ;                          products referred to in the preceding paragraph which
 Whereas the Management Committee for Milk and                    are not listed in the Annex to this Regulation.
 Milk Products has not delivered an opinion within the
 time limit set by its chairman,
 HAS ADOPTED THIS REGULATION :
                                                                                         Article 2
                            Article 1
 1 . Subject to the provisions of Article 28 of Regula­           This Regulation shall enter into force on 1 October
 tion (EEC) No 1 519/72 (3), the rates of the refunds             1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 30 September 1977.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
(>) OJ No L 24, 31 . 1 . 1975, p. 45.
(2) OJ No L 21 2, , 20. 8 . 1977, p. 9.
h) OJ No L 162, 18. 7. 1972, p. 1 .
 ---pagebreak--- 1 . 10 . 77                     Official Journal of the European Communities                               No L 251 /53
                                                       ANNEX
            to the Commission Regulation of 30 September 1977 fixing the rates of the refunds applicable
            from 1 October 1977 to certain milk products exported in the form of goods not covered
                                               by Annex II to the Treaty
                                                                                              (u.aJlOO kg)
                 CCT
                heading                                                                        Rate of
                                                   Description of goodi                         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 (PG 2) :
                             a) On exportation of goods of CCT heading No 35.01
                             b) On exportation of other goods                                   64-85
            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)                                      90-67
            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)                                                             19-39
            ex 04.03         Butter, with a fat content by weight of 82 % (PG 6) :
                             a) On exportation of goods of CCT heading No 19.08 or
                                 of subheadings 18.06 B and 21.07 C, ana 'ice mix' of
                                 CCT subheadings ex 18.06 D and heading No ex 21.07
                                manufactured     under   the    conditions laid down in
                                 Article 6 of Regulation (EEC) No 232/75
                             b) On exportation of goods of CCT subheading
                                 21.07 F VIII a) with a content of non-milk fats of
                                 more than 20 %                                                166-90
                             c) On exportation of other goods                                  159-75