CELEX: 31977R2395
Language: en
Date: 1977-11-01 00:00:00
Title: Commission Regulation (EEC) No 2395/77 of 28 October 1977 fixing the rates of the refunds applicable from 1 November 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

1 . 11 . 77                              Official Journal of the European Communities                          No L 279/ 11
                                    COMMISSION REGULATION (EEC) No 2395/77
                                                       of 28 October 1977
                fixing the rates of the refunds applicable from 1 November 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 3 1 38/76 (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                      1 638/77 (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 984/77 (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.
                                                                     (6) OJ No L 73, 27. 3. 1972, p. 14.
0)  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 183, 22. 7. 1977, p. 3.
(3) OJ   No L   289, 27. 12. 1972, p. 13.                            (9) OJ No L 91 , 25. 4. 1970, p. 28 .
(4) OJ   No L   354, 24. 12. 1976, p. 1 .                            (> °) OJ No L 118, 11 . 5. 1977, p. 8 .
 ---pagebreak--- No L 279/ 12                          Official Journal of the European Communities                           1 . 11 . 77
Whereas Commission Regulation (EEC) No 232/75 of                Annex A to Regulation (EEC) No 2682/72 and listed
30 January 1975 on the sale of butter at reduced                in Article 1 of Regulation (EEC) No 804/68, exported
prices for use in the manufacture of pastry products            in the form of goods listed in the Annex to Regula­
and ice cream (!), as last amended by Regulation                tion (EEC) No 804/68, are hereby fixed as shown in
(EEC) No 1 890/77 (2), authorizes the delivery to indus­        the Annex to this Regulation.
tries manufacturing the goods falling within heading
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             2. No rates of refund are fixed for any of the
under a standing invitation to tender ;                         products referred to in the preceding paragraph which
                                                                are not listed in the Annex to this Regulation.
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION :                                                          Article 2
                         Article 1
1 . The rates of the refunds applicable from 1                  This Regulation shall enter into force on 1 November
November 1977 to the basic products appearing in                 1977.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 October 1977.
                                                                          For the Commission
                                                                          fitienne DAVIGNON
                                                                      Member of the Commission
0 ) OJ No L 24, 31 . 1 . 1975, p. 45.
(2) OJ No L 212, 20 . 8 . 1977, p. 9.
 ---pagebreak--- 1 . 11 . 77                      Official Journal of the European Communities                             No L 279/13
                                                        ANNEX
            to the Commission Regulation of 28 October 1977 fixing the rates of the refunds applicable
            from 1 November 1977 to certain milk products exported in the form of goods not covered
                                                by Annex II to the Treaty
                                                                                            (u.a./lOO kg)
                 CCT
                heading                                                                      Rate of
                                                    Description of goods                     refund
                  No
            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 °/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 % 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 °/o
                              (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 òr
                                  of subheadings 18.06 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