CELEX: 31977R0908
Language: en
Date: 1977-04-30 00:00:00
Title: Commission Regulation (EEC) No 908/77 of 29 April 1977 fixing the rates of the refunds applicable from 1 May 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 108/38                                Official Journal of the European Communities                                30 . 4. 77
                                        COMMISSION REGULATION (EEC) No 908/77
                                                            of 29 April 1977
                 fixing the rates of the refunds applicable from 1 May 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                         874/77 (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              Noi 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 745/76 (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 67, 15. 3 . 1976, p . 9 .                               (8) OJ No L 106, 29. 4. 1977, p. 20.
(3)  OJ  No  L 289 , 27. 12. 1972, p . 13 .                            (9) OJ No L 91 , 25 . 4. 1970, p. 28 .
 <   OJ  No  L 354, 24. 12. 1976, p . 1 .                              ( 10) OJ No L 86, 1 . 4. 1976, p. 44.
 ---pagebreak--- 30. 4. 77                            Official Journal of the European Communities                       No L 108/39
Whereas Commission Regulation (EEC) No 232/75 of               applicable from 1 May 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 569/77 (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
under a standing invitation to tender ;                        2. No rates of refund are fixed for any of the
                                                               products referred to in the preceding paragraph which
Whereas the measures provided for in this Regulation           are not listed in the Annex to this Regulation.
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION :
                                                                                      Article 2
                         Article 1
 1 . Subject to the provisions of Article 28 of Regula­
tion (EEC) No 1 51 9/72 (3), the rates of the refunds          This Regulation shall enter into force on 1 May 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 29 April 1977.
                                                                        For the Commission
                                                                         Étienne DAVIGNON
                                                                    Member of the Commission
C) OJ No L 24, 31 . 1 . 1975, p. 45.
(*) OJ No L 72, 19. 3. 1977, p. 11 .
(») OJ No L 162, 18. 7. 1972, p. 1 .
 ---pagebreak--- No L 108 /40                    Official Journal of the European Communities                             30. 4. 77
                                                       ANNEX
            to the Commission Regulation of 29 April 1977 fixing the rates of the refunds applicable
             from 1 May 1977 to certain milk products exported in the form of goods not covered
                                              by Annex II to the Treaty
                                                                                          (u.a. /lOO kg)
                  CCT
                                                                                           Rate of
                 heading                          Description of goods
                   No                                                                      refund
            ex  04.02 A ÎI  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 °/o 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 °/o 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 °/o
                            ( 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 other goods                              159-75