CELEX: 31978R3117
Language: en
Date: 1978-12-30 00:00:00
Title: Commission Regulation (EEC) No 3117/78 of 29 December 1978 fixing the rate of the refund applicable from 1 January 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty

30 . 12. 78                                Official Journal of the European Communities                        No L 370/31
                                     COMMISSION REGULATION (EEC) No 3117/78
                                                        of 29 December 1978
                fixing the rate of the refund applicable from 1 January 1979 to isoglucose
                      exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                       Whereas, following the Judgment rendered by the
COMMUNITIES,                                                         Court of Justice of the European Communities in
                                                                     Cases 103/77, 125/77 and 145/77, there is uncertainty
                                                                     as to whether the production levy mentioned in
Having regard to the Treaty establishing the European                Article 9 of Regulation (EEC) No 1111 /77 is to be
Economic Community,                                                  taken into account in the calculation of the refund ;
                                                                     whereas it is therefore appropriate not to take the said
Having regard to Council Regulation (EEC) No                         levy into account in the calculation at present but to
 1111 /77 of 17 May 1977 laying down common provi­                   provide for the refund to be increased by an amount
sions for isoglucose (*), as last amended by Regulation              equal to that of the production levy, should there by
(EEC) No 1298/78 (2), and in particular the first                    one, in force at the time of export of the quantity of
sentence of the third subparagraph of Article 4 (2) and              isoglucose in question ;
paragraph 5 thereof,
                                                                     Whereas the measures provided for in this Regulation
Whereas, pursuant to Article 4 of Regulation (EEC)                   are in accordance with the opinion of the Manage­
No 1111 /77, provision may be made for a refund on                   ment Committee for Isoglucose,
the export of isoglucose in the form of the goods
shown in the Annex to that Regulation ;
Whereas Council Regulation (EEC) No 2682/72 of 12
December 1972 laying down general rules for
granting export refunds for certain agricultural                     HAS ADOPTED THIS REGULATION :
products exported in the form of goods not covered
by Annex II to the Treaty, and the criteria for fixing
the amount of such refunds (3), as last amended by
Regulation (EEC) No 707/78 (4), specifies that a rate of                                     Article 1
refund should be fixed and apply when isoglucose
covered by Common Customs Tariff subheading
 17.02 D I is exported in the form of goods listed in                The rate of the refund applicable from 1 January 1979
the Annex to Regulation (EEC) No 1111 /77 ;                          to isoglucose of Common Customs Tariff subheading
                                                                      17.02 D I exported in the form of goods listed in the
Whereas, in accordance with the first subparagraph of                Annex to Regulation (EEC) No 1111 /77 is fixed as
                                                                     shown in the Annex hereto.
Article 4 (1 ) of Regulation (EEC) No 2682/72, the rate
of the refund must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that                                              Article 2
Article, that rate must be determined with particular
reference to :
                                                                     The amount indicated in the Annex shall, at the
(a) the level of the refunds on exports of processed                 request of the interested party, be increased by an
     agricultural products covered by Annex II to the                amount equal to the production levy, should there be
     Treaty which are manufactured under similar                     one, in force on the day of the completion of the
     conditions ;                                                    customs export formalities in respect of the products
                                                                     shown in the Annex.
(b) the need to ensure equality of competition for the
     industries which use Community products and
     those which use third-country products under
     inward processing arrangements ;
                                                                                             Article 3
(') OJ  No  L  134, 28 .  5. 1977, p. 4.
(2) OJ  No  L  160, 17.   6. 1978 , p. 9 .
P)  OJ  No  L  289, 27.   12. 1972, p. 13.                           This Regulation shall enter into force on 1 January
(4) OJ  No  L  94, 8 . 4. 1978, p. 7.                                1979 .
 ---pagebreak--- No L 370/32                   Official Journal of the European Communities                                 30 . 12. 78
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 29 December 1978 .
                                                                  For the Commission
                                                                  Étienne DAVIGNON
                                                               Member of the Commission
                                                   ANNEX
          to the Commission Regulation of 29 December 1978 fixing the rate of the refund appli­
          cable from 1 January 1979 to isoglucose exported in the form of goods not covered by
                                           Annex II to the Treaty
                                                                                                 (in u.a.)
                                                                                  Amount of refund
               CCT heading No                      Description                       for 100 kg
                                                                                    of dry matter
           17.02 D I            Isoglucose                                             12.82