CELEX: 31979R0616
Language: en
Date: 1979-03-31 00:00:00
Title: Commission Regulation (EEC) No 616/79 of 30 March 1979 fixing the rates of the refunds applicable from 1 April 1979 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 79 / 30                              Official Journal of the European Communities                               31 . 3 . 79
                                      COMMISSION REGULATION (EEC) No 616/79
                                                         of 30 March 1979
               fixing the rates of the refunds applicable from 1 April 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 ( J ), 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                          Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/ 68
granting export refunds on certain agricultural                      provides for the payment of aid for Community-pro­
products exported in the form of goods not covered                   duced skimmed milk processed into casein if such
by Annex II to the Treaty, and criteria for fixing the               milk      and   the casein  manufactured   from   it fulfil
amount of such refunds (3), as last amended by Regula­
                                                                     certain conditions set out in Article 1 of Council Regu­
tion (EEC) No 707/78 (4), specifies the products for                 lation (EEC) No 987/68 of 15 July 1968 laying down
which a rate of refund should be fixed, to be applied
                                                                     general rules for granting aid for skimmed milk
where these products are exported in the form of                     processed into casein or caseinates (5), as last amended
goods listed in the Annex to Regulation (EEC) No                     by the Act of Accession (6) ; whereas, pursuant to
804/ 68 ;
                                                                     Article 1 (2) (b) of Regulation (EEC) No 2682/72,
                                                                     skimmed milk thus defined is assimilated to milk
                                                                     powder complying with the definition of the pilot
Whereas, in accordance with the first subparagraph of
                                                                     products Group No 2 listed in Annex I to Council
Article 4 (1 ) of Regulation (EEC) No 2682/72, the rate              Regulation (EEC) No 823/68 of 28 June 1968 deter­
of the refund per 100 kilograms for each of the basic                mining the groups of products and the special provi­
 products in question must be fixed for each month ;                 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                      1 000/78 (8) ; whereas a rate of refund should be fixed
 Article, that rate must be determined with particular                for this milk powder ;
 reference to :
                                                                     Whereas Article 2 of Commission Regulation (EEC)
 (a) the average costs incurred by processing industries              No 756/70 of 24 April 1970 on granting aid for
      in obtaining supplies of the basic products in ques­
     tion on the Community market and the prices                      skimmed milk processed into casein or caseinates (9),
                                                                      as last amended by Regulation (EEC) No 984/77 (10) ;
      ruling on the world markets ;
                                                                      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.
                                                                      (*) 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.
 (3) OJ No L 289, 27. 12. 1972, p. 13.                                (9) OJ No L 91 , 25 . 4. 1970 , p . 28 .
 <*\ OT No I    94 8 . 4 . 1978 . D . 7 .                             ( 10) OJ No L 118, 11 . 5. 1977, p. 8 .
 ---pagebreak--- 31 . 3 . 79                               Official Journal of the European Communities                         No L 79 /31
whereas Commission Regulation (EEC) No 262/79 of                     Regulation (EEC) No 2682/72 and listed in Article 1
12 February 1979 on the sale of butter at reduced                   of Regulation (EEC) No 804/68 , exported in the form
prices for use in the manufacture of pastry products,               of goods listed in the Annex to Regulation (EEC) No
ice-cream and other foodstuffs (•), as amended by                    804/68 , are hereby fixed as shown in the Annex to
Regulation ( EEC) No 545/79 (2), authorizes delivery of             this Regulation .
butter at reduced prices to industries which manufac­
ture certain goods ; whereas butter bought under the
system of Regulation (EEC) No 232/75 (3), replaced by
Regulation (EEC) No 262/79, and used in the manu­                    2. No rates of refund are fixed for any of the
facture of certain exported goods, should be taken into              products referred to in the preceding paragraph which
account ;                                                           are not listed in the Annex to this Regulation .
Whereas the measures provided for in 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 . The rates of the refunds applicable from 1 April                This Regulation shall enter into force on 1 April
1979 to the basic products appearing in Annex A to                   1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 March 1979 .
                                                                              For the Commission
                                                                               fitienne DAVIGNON
                                                                           Member of the Commission
 (•) OJ No L 41 , 16. 2. 1 979 , p. 1 .
 (2) OJ No L 72, 23 . 3 . 1979 , p . 16.
 P ) O I No L 24, 31 . 1 . 1975 , p . 45 .
 ---pagebreak--- No L 79 /32                       Official Journal of the European Communities                             31 . 3 . 79
                                                          ANNEX
            to the Commission Regulation of 30 March 1979 fixing the rates of the refunds
            applicable from 1 April 1979 to certain milk products exported in the form of goods not
                                              covered by Annex II to the Treaty
                                                                                          ( u.a. /100 kg )
                 CCT
                                                                                           Rate of
                heading                                   Description
                  No                                                                       refund
            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 °/o by weight ( PG 2) :
                             a ) On exportation of goods of CCT heading No 35.01
                             b ) On exportation of other goods                              66-54
            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 )                             93-55
            ex 04.02 A 111    Concentrated milk, with a fat content by weight of 7-5 %
                              and a content by weight in dry matter equal to 25 °/»
                              ( PG 4 )                                                      20-16
            ex 04.03          Butter, with a fat content by weight of 82 °/o ( 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 and Articles 4 and 5 of
                                  Regulation ( EEC ) No 262/79' :              '
                                  — goods falling within CCT heading No 19.38 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 %                         171-88
                               c) On exportation of other goods                           164-52