CELEX: 31976R2128
Language: en
Date: 1976-08-31 00:00:00
Title: Commission Regulation (EEC) No 2128/76 of 30 August 1976 fixing the rates of the refunds applicable from 1 September 1976 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 8 . 76                               Official Journal of the European Communities                          No L 239/ 11
                                      COMMISSION REGULATION (EEC) No 2128/76
                                                        of 30 August 1976
                fixing the rates of the refunds applicable from 1 September 1976 to certain milk
                   products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                      (c) the need to ensure equality of competition for the
COMMUNITIES,                                                              industries which use Community products and
                                                                          those which use third-country products under
                                                                          inward processing arrangements ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No                        Whereas Article 4 (3) of Regulation (EEC) No 2682/72
804/68 of 27 June 1968 on the common organization                   provides that, when the rate of the refund is being
of the market in milk and milk products ('), as last                fixed, account should be taken, where necessary, of
amended by Regulation (EEC) No 559/76 (2), and in                   production refunds, aids or other measures having
particular Article 17 (5) thereof,                                  equivalent effect applicable in all Member States in
                                                                    accordance with the Regulation on the common
                                                                    organization of the market in the product in question
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68              to the basic products listed in Annex A to that Regula­
provides that the difference between prices in interna­             tion or to assimilated products ;
tional trade for the products listed in Article 1 (a), (b),
(c) and (e) of that Regulation and prices within the
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 amended by Regulation                certain conditions set out in Article 1 of Council Regu­
(EEC) No 3058 /75 (4), specifies the products for which             lation (EEC) No 987/68 of 15 July 1968 laying down
a rate of refund should be fixed, to be applied where               general rules for granting aid for skimmed milk
these products are exported in the form of goods                    processed into casein or caseinates (5), as last amended
listed in the Annex to Regulation (EEC) No 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
     in obtaining supplies of the basic products in ques­
     tion on the Community market and the prices                    Whereas Article 2 of Commission Regulation (EEC)
     ruling on the world markets ;                                   No 756/70 of 24 April 1970 on granting aid for
                                                                     skimmed milk processed into casein or caseinates (9),
                                                                     as last amended by Regulation (EEC) No 745/76 ( 10),
(b) the level of the refunds on exports of processed                 fixes the aid per 100 kg of skimmed milk processed
     agricultural products covered by Annex II to the                into casein or caseinates according to type ;
     Treaty which are manufactured under similar
     conditions ;
                                                                    (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 67, 15. 3 . 1976, p. 11 .
(3) OJ   No L   289, 27. 12. 1972, p. 13 .                          (9) OJ No L 91 , 25. 4. 1970 , p. 28 .
(4) OJ   No L   306, 26. 11 . 1975, p. 3 .                          ( 10) OJ No L 86, 1 . 4. 1976, p. 44.
 ---pagebreak--- No L 239/ 12                           Official Journal of the European Communities                            31 . 8 . 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
                                                                                        Article 1
and ice cream ('), as last amended by Regulation
(EEC) No 1980/76 (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 September 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 September
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, 30 August 1976.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                        Member of the Commission
(!) OJ No  L 24, 31 . 1 . 1975, p. 45.
(2) OJ No  L 217, 10 . 8 . 1976, p. 14.
 3) OJ No  L 162, 18 . 7. 1972, p. 1 .
(4) OJ No  L 298 , 26. 10 . 1973, p . 23 .
 ---pagebreak--- 31 . 8 . 76                       Official Journal of the European Communities                                No L 239/ 13
                                                        ANNEX
            to the Commission Regulation of 30 August 1976 fixing the rates of the refunds applicable
             from 1 September 1976 to certain milk products exported in the form of goods not covered by
                                                Annex II to the Treaty
                                                                                            (in u.a. /100 kg)
                  CCT
                 heading                            Description of goods                      Rate of the
                   No                                                                           refund
            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                                  63.64
            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 )                                   87.85
            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 %
                              (PG 4)                                                            18.63
            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 ex 21.07 manufac­
                                  tured under the conditions laid down in Article 6 of
                                  Regulation (EEC) No 232/75
                              b) On exportation of other goods                                 153.00