CELEX: 31977R1145
Language: en
Date: 1977-06-01 00:00:00
Title: Commission Regulation (EEC) No 1145/77 of 31 May 1977 fixing the rates of the refunds applicable from 1 June 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

1 . 6> 17                                Official Journal of the European Communities^                           No -L 135/35
                                     COMMISSION REGULATION (EEC) No 1145/77
                                                            of 31 May 1977
                   fixing the rates of the refunds applicable from 1 June 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 ('),• 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 >ate of the. Refund is being
  particular Article 17 (5) thereof,.                                 -fixed, account: should be taken, where' .necessary, ..of
                                                                    * production refunds,. aids' w* Other measures haying
                                                                       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 1 1 (I) of Regulation (EEC) No 804/68
  granting export refunds on • certain agricultural                    provides            payment of aid .for Community-pro­
  products exported in the forth of foods ' riot Coveted               duced" shimmed milk processed- into" casein if- such
  by Annex II to the Treaty, and criteria foe fixing the
  amount of such refunds (3), as last amended by Regula^               milk and the, casein manufactured - From if fulfil
  tion (EEC) No. 3138/76*(4)v specifies the products for               pertain 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. 13 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            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 kilograms of skimmed milk
                                                                       processed into casein or caseinates according to type ;
 (b) the level of the refunds on experts 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 . 1 .?.                           (Ó OJ No L 1 51 , 30. 6. 1968, p. 3.
 (2 ) OJ No L 67, 15 . 3. 1976, p. 9 !                                (8) OJ No L 106, ." 29 . 4. 1 977, p. 20.
 (3 ) OJ No L 289 , 27. 12. 1972, p . 13 .                            (") OJ No. L 91 , 25 . 4 . 19-70, p. 28 .
 (") OJ No L 354, 24 . 12 . 1976, p . 1 .                             ( 10) OJ No 1 . 86, 1 . 4 .. 1976 , p . 44..
 ---pagebreak--- No L 135/36                                 Official Journal of the European Communities                            1 . 6. 77
Whereas Commission Regulation (EEC) No 232/75 of                      applicable from 1 June 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 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
tion (EEC) No 1519/72 (3), the rates of the refunds                   This Regulation shall enter into force on 1 June 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 May 1977.
                                                                               For the Commission
                                                                                fitienne DAVIGNON
                                                                           Member of the Commission
(') OJ No L 24 , .il . 1 . 1 975, p . 45 .
(-') O ) No L 72 , 19 . J. 1977 , p . 1 1 .
( } ) Oì No L 162 , IS . 7 . 1972 , p . 1 .
 ---pagebreak--- 1 . 6. 77                     Official Journal of the European Communities                         No L 135/37
                                                      ANNEX
          to the Commission Regulation of 31 May 1977 fixing the rates of the refunds applicable
          from 1 June 1977 to certain milk products exported in the form of goods not covered
                                             by Annex II to the Treaty
                                                                                      (u.aJlOO kg)
               CCT
                                                                                       Rate of
              hetding                            Description of goods
                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                             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 °/o 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 18Λ>6 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