CELEX: 31979R0857
Language: en
Date: 1979-05-01 00:00:00
Title: Commission Regulation (EEC) No 857/79 of 30 April 1979 fixing the export refunds on isoglucose

No L 108 /26                           Official Journal of the European Communities                              1 . 5 . 79
                                  COMMISSION REGULATION ( EEC) No 857/79
                                                      of 30 April 1979
                                         fixing the export refunds on isoglucose
THE COMMISSION OF THE EUROPEAN                                   Whereas the refund is granted only in respect of iso­
COMMUNITIES,                                                     glucose satisfying the conditions laid down in Article
                                                                 3 of Commission Regulation (EEC) No 1469/77 of 30
Having regard to the Treaty establishing the European            June 1977 laying down rules for applying the levy
Economic Community,                                              and the refund in respect of isoglucose and amending
                                                                 Regulation (EEC) No 192/75 (3) ;
Having regard to Council Regulation (EEC) No
1111 /77 of 17 May 1977 laying down common provi­                Whereas, if the refund system is to operate normally,
sions for isoglucose ( !), as last amended by Regulation         refunds should be calculated on the following basis :
(EEC) No 1298/78 (2), and in particular the first                — in the case of currencies which are maintained in
sentence of the third subparagraph of Article 4 (2) and                relation to each other at any given moment within
paragraph 5 thereof,                                                   a band of 2-25 % , a rate of exchange based on
                                                                       their effective parity ;
Having regard to the opinion of the Monetary
Committee,                                                       — for other currencies, an exchange rate based on the
                                                                       arithmetic mean of the spot market rates of each
Whereas, pursuant to Article 4 of Regulation (EEC)                     of these currencies recorded for a given period in
No 1111 /77, provision may be made for an export                       relation to the Community currencies referred to
refund for isoglucose ;                                                in the previous indent ;
Whereas the level of the refund must be determined,
                                                                  Whereas Council Regulation (EEC) No 652/79 of 29
                                                                  March 1979 (4) laid down the coefficient for
per 100 kilograms of dry matter, taking into account              expressing amounts, fixed in units of account, in
the following, in particular :                                    ECU ;
— the export refund on products falling within
     subheading 17.02 B II a) of the Common Customs               Whereas it follows from applying the detailed rules
    Tariff ;                                                      set out above that the refund for isoglucose should be
                                                                  as set out in the Annex hereto ;
 — any production refund granted for the basic
     product used in the manufacture of products                  Whereas the measures provided for in this Regulation
     falling within subheading 17.02 B II a) ;                    are in accordance with the opinion of the Manage­
— the production levy referred to in Article 9 of                 ment Committee for Isoglucose,
     Regulation (EEC) No 1111 /77 and the economic
     aspects of the proposed exports ;                            HAS ADOPTED THIS REGULATION :
Whereas, following the judgment rendered by the
Court of Justice of the European Communities in                                             Article 1
Cases 103/77, 125/77 and 145/77, there is uncertainty
as to whether the abovementioned production levy is               The export refunds on the products referred to in
to be taken into account in the calculation of the                Article 1 of Regulation (EEC) No 1111 /77 shall be as
                                                                  set out in the Annex hereto .
refund ; whereas it is therefore appropriate not to take
the said levy into account in the calculation at present
but to provide for the refund to be increased by an                                          Article 2
amount equal to that of the production levy, should
there be one, in force at the time of export of the               The amounts indicated in the Annex shall, at the
quantity of isoglucose in question ;                              request of the interested party concerned, be increased
                                                                  by an amount equal to the production levy, should
Whereas the refund must be the same throughout the                there be one, in force on the day of the completion of
Community ; whereas it may be varied according to                 the customs export formalities in respect of the
destination ;                                                     products shown in the Annex.
Whereas the said refunds must be fixed every month ;                                         Article 3
whereas they may be altered in the intervening
 period ;                                                         This Regulation shall enter into force on 1 May 1979 .
(•) OJ No L 134, 28 . 5 . 1977, p. 4.                             (3 ) OJ No L 162, 1 . 7. 1977, p. 9 .
 2 OJ No L 160, 17 . 6 . 1978 , p. 9 .                            (4 ) OJ No L 84, 4 . 4 . 1979 , p. I.
 ---pagebreak--- 1 . 5 . 79                               Official Journal of the European Communities                                          No L 108 / 27
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 30 April 1979 .
                                                                                              For the Commission
                                                                                               Finn GUNDELACH
                                                                                                   Vice-President
                                                                       ANNEX
           to the Commission Regulation of 30 April 1979 fixing the export refunds on
                                                                      isoglucose
                                                                                                                        (in ECU )
                  CCT                                                                                             Refund per
                                                                        Description                                100 kg of
               heading No
                                                                                                                  dry matter
            17.02                  Other sugars in solid form ; sugar syrups, not containing added
                                   flavouring or colouring matter ; artificial honey, whether or not
                                   mixed with natural honey ; caramel :
                                   D. Other sugars and syrups :
                                       I. Isoglucose                                                              15-55 (!)
           21.07                   Food preparations not elsewhere specified or included :
                                   F. Flavoured or coloured sugar syrups :
                                       III . Isoglucose                                                           1 5-55 (*)
           (') Applicable only to products referred to in Article 3 of Regulation ( EEC) No 1469/ 77 .