CELEX: 31977R1448
Language: en
Date: 1977-07-01 00:00:00
Title: Commission Regulation (EEC) No 1448/77 of 30 June 1977 fixing the rates of the refunds applicable from 1 July 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

1 . 7 . 77                                  Official Journal of the European Communities                           No L 161 /43
                                         COMMISSION REGULATION (EEC) No 1448/77
                                                              of 30 June 1977
                  fixing the rates of the refunds applicable from 1 July 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 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 3138/76 (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 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 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 .                         O OJ No L 151 , 30 . 6. 1968 , p . 3 .
(2 )  OJ  No  L  67, 15 . 3 . 1976, p . 9 .                             (») OJ No L 106, 29 . 4. 1977, p . 20 .
(3 )  OJ  No  L  289 , 27 . 12 . 1972, p . 13 .                         (») OJ No L 91 , 25 . 4 . 1970, p. 28 .
(<)   OJ  No  L  354, 24 . 12 . 1976, p . 1 .                           ( 10) OJ No L 86, 1 . 4. 1976, p . 44 .
 ---pagebreak--- No L 161 /44                             Official Journal of the European Communities                             1 . 7. 77
Whereas Commission Regulation (EEC) No 232/75 of                    applicable from 1 July 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 1 519/72 (3), the rates of the refunds                This Regulation shall enter into force on 1 July 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 30 June 1977.
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
(') OJ No L 24, M. 1 . 1975, p . 45 .
(2 ) OJ No L 72, 19 . 3 . 1977, p . 11 .
O OJ No L 162, 18 . 7 . 1972, p . 1 .
 ---pagebreak--- 1 . 7 . 77                     Official Journal of the European Communities                            No L 161/45
                                                        ANNEX
            to the Commission Regulation of 30 June 1977 fixing the rates of the refunds applicable
           from 1 July 1977 to certain milk products exported in the form of goods not covered
                                               by Annex II to the Treaty
                                                                                         (u.a.1100 kg)
                 CCT
                heading                                                                   Rate of
                                                   description of goods                   refund
                  No
           ex  04.02 A ÏI   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 °/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 °/o 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 %
                            and a content by weight in dry matter equal to 25 %
                            ( PG 4)                                                       19-39
           rx  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 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