CELEX: 31976R2882
Language: en
Date: 1976-11-30 00:00:00
Title: Commission Regulation (EEC) No 2882/76 of 29 November 1976 fixing the rates of the refunds applicable from 1 December 1976 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

30 . 11 . 76                                Official Journal of the European Communities                             No L 331 /9
                                       COMMISSION REGULATION (EEC) No 2882/76
                                                         of 29 November 1976
                fixing the rates of the refunds applicable from 1 December 1976 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 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 2795/76 (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 kg 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                        561 /76 (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 745/76 ( 10),
                                                                       fixes the aid per 100 kg 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 .
                                                                       (fe) 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 .                            ( s) OJ No L 67, 1 5 . 3 . 1 976, p . 1 1 .
(3 ) OJ  No  L  289 , 27 . 12 . 1972, p . 13.                          (9) OJ No L 91 , 25 . 4 . 1970 , p. 28 .
(4)  OJ  No  L  320 , 20 . 11.1 976, p . 1 .                           ( 10) OJ No L 86, 1 . 4 . 1976, p . 44.
 ---pagebreak--- No L 331 / 10                            Official Journal of the European Communities                          30 . 11 . 76
Whereas Commission Regulation (EEC) No 232/75 of                    HAS ADOPTED THIS REGULATION :
30 January 1975 on the sale of butter at reduced
prices for use in the manufacture of pastry products
and ice cream ( l), as last amended by Regulation                                          Article 1
(EEC) No 2805/76 (2), authorizes the delivery to indus­
tries manufacturing the goods falling within heading                1 . Subject to the provisions of Article 28 of Regula­
No 19.08 or subheadings 18.06 B and 21.07 C and 'ice                tion (EEC) No 1519/72 the rates of the refunds appli­
mix' or subheadings 18.06 D and ex 21.07 of the                     cable from 1 December 1976 to the basic products
Common Customs Tariff, of butter at a reduced price                 appearing in Annex A to Regulation (EEC) No
under a standing invitation to tender ;                             2682/72 and listed in Article 1 of Regulation (EEC)
                                                                    No 804/68 , exported in the form of goods listed in
Whereas, according to Article 28 of Commission                      the Annex to Regulation (EEC) No 804/68 , are hereby
Regulation (EEC) No 1519/72 of 14 July 1972                         fixed as shown in the Annex to this Regulation.
concerning selling butter at a reduced price for the
purpose of exporting certain mixtures of fats (3), as last          2. No rates of refund are fixed for any of the
amended by Regulation (EEC) No 2904/73 (4), no                      products referred to in the preceding paragraph which
export refund can be granted for the butter incorpor­               are not listed in the Annex to this Regulation .
ated in the products referred to in Article 19 of that
Regulation ;
                                                                                           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 December
ment Committee for Milk and Milk Products,                           1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 November 1976 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                           Member of the Commission
 (>)  OJ No L 24, 31 . 1 . 1975 , p . 45 .
 (2)  OJ No L 320 , 20 . 11 . 1976, p . 25 .
 (3 ) OJ No L 162, 18 . 7 . 1972, p . 1 .
  <   OJ No L 298 , 26. 10 . 1973, p. 23 .
 ---pagebreak--- 30 . 11 . 76                     Official Journal of the European Communities                                No L 331 / 11
                                                        ANNEX
             to the Commission Regulation of 29 November 1976 fixing the rates of the refunds applicable
             from 1 December 1976 to certain milk products exported in the form of goods not covered
                                                by Annex II to the Treaty
                                                                                            (in u.a.flOO kz)
                   CCT
                                                                                              Rate of tht
                  heading                           Description of goods
                    Ko                                                                          refund
             ex  04.02 A II   Powdered milk, obtained by the spray process, with a
                              fat content of less than 1·5°/ο 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 11   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 °/o
                              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, and '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                                 158-72