CELEX: 31979R2998
Language: en
Date: 1979-12-29 00:00:00
Title: Commission Regulation (EEC) No 2998/79 of 28 December 1979 fixing the rates of the refunds applicable from 1 January 1980 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

29 . 12 . 79                               Official Journal of the European Communities                           No L 337/41
                                      COMMISSION REGULATION (EEC) No 2998/79
                                                        of 28 December 1979
                fixing the rates of the refunds applicable from 1 January 1980 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 (J ), as last                 Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 1761 /78 (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                           Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
granting export refunds on certain agricultural                       provides for the payment of aid for Community-pro­
products exported in the form of goods not covered                    duced skimmed milk processed into casein if such
by Annex II to the Treaty, and criteria for fixing the                milk      and  the casein    manufactured   from  it fulfil
amount of such refunds (3), as last amended by Regula­                certain conditions set out in Article 1 of Council Regu­
tion (EEC) No 707/78 (4), specifies the products for                  lation (EEC) No 987/68 of 15 July 1968 laying down
which a rate of refund should be fixed, to be applied                 general rules for granting aid for skimmed milk
where these products are exported in the form of
                                                                      processed into casein or caseinates (5), as last amended
goods listed in the Annex to Regulation (EEC) No                      by the Act of Accession (6) ; whereas, pursuant to
804/ 68 ;
                                                                      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
                                                                      products Group No 2 listed in Annex I to Council
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate
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                        1000/78 (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 2213/79 (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.
 (>) OJ  No  L  148 , 28 . 6 . 1968 , p. 13 .                          (7) OJ No L 151 , 30 . 6. 1968 , p. 3 .
 (2) OJ  No  L  204, 28 .  7 . 1978 , p. 6 .                           (8) OJ No L 130, 18 . 5. 1978 , p. 7.
 Q)  OJ  No  L  289 , 27.  12. 1972, p. 13 .                           (») OJ No L 91 , 25 . 4 . 1970 , p. 28 .
  4  OJ  No  L  94, 8 . 4.  1978 , p. 7 .                              ( 10) OJ No L 256, 11 . 10 . 1979, p. 23 .
 ---pagebreak--- No L 337/42                            Official Journal of the European Communities                          29 . 12. 79
Whereas Commission Regulation (EEC) No 262/79 of                  HAS ADOPTED THIS REGULATION :
 12 February 1979 on the sale of butter at reduced
prices for use in the manufacture of pastry products,                                     Article 1
 ice-cream and other foodstuffs ^), as last amended by
Regulation (EEC) No 2478/79 (2), and Commission                   1.     llie rates of the refunds applicable from 1
Regulation (EEC) No 1468/79 of 13 July 1979 on the               January 1980 to the basic products appearing in
granting of aid for butter from private storage for use          Annex A to Regulation (EEC) No 2682/72 and listed
 in the manufacture of pastry products, ice-cream and             in Article 1 of Regulation (EEC) No 804/68 , exported
other foodstuffs (3), as amended by Regulation (EEC)             in the form of goods listed in the Annex to Regula­
 No 2548/79 (4), authorizes delivery of butter at                tion (EEC) No 804/68 , are hereby fixed as shown in
 reduced prices to industries which manufacture                  the Annex to this Regulation.
certain goods ; whereas butter bought under the
system of Regulation (EEC) No 232/75 (5), replaced by            2.      No rates of refund are fixed for any of the
Regulation (EEC) No 262/79, and used in the manu­                products referred to in the preceding paragraph which
facture of certain exported goods, should be taken into          are not listed in the Annex to this Regulation .
account ;
                                                                                          Article 2
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                This Regulation shall enter into force on 1 January
ment Committee for Milk and Milk Products,                        1980 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 December 1979.
                                                                             For the Commission
                                                                             fitienne DAVIGNON
                                                                       Member of the Commission
(>) OJ No L 41 , 16. 2. 1979, p. 1 .
(2) OJ No L 281 , 10 . 11 . 1979 , p. 25.
M OJ No L 177, 14. 7. 1979, p. 40.
(«) OJ No L 290, 17. 11 . 1979, p. 51 .
(5) OJ No L 24, 31 . 1 . 1975, p. 45.
 ---pagebreak--- 29 . 12 . 79                      Official Journal of the European Communities                             No L 337/43
                                                        ANNEX
             to the Commission Regulation of 28 December 1979 fixing the rates of the refunds applicable
             from 1 January 1980 to certain milk products exported in the form of goods not covered by
                                                  Annex II to the Treaty
                                                                                              (ECU/100 kS)
                  CCT
                 heading                                                                       Rate of
                                                        Description                             refund
                   No
             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                                   63.00
             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 )                                  106.31
             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)                                                           24.37
             ex 04.03         Butter, with a fat content by weight of 82 °/o (PG 6) :
                              a) On exportation of the following goods manufactured
                                   under the conditions laid down in Article 6 of Regu­
                                   lation (EEC) No 232/75, Articles 4 and 5 of Regulation
                                   (EEC) No 262/79 and Article 1 of Regulation (EEC)
                                   No 1468 / 79 :
                                   — goods falling within CCT heading No 19.08 or
                                       subheadings 18.06 B and 21.07 C,
                                  — powdered preparations for making ice-cream and
                                       similar edible products called 'ice-mix' falling
                                       within CCT subheading 18.06 D and heading
                                       No 21.07,
                                   — raw doughs and powdered preparations falling
                                       within CCT subheading 19.02 B II b)
                               b) On exportation of goods of CCT subheadings 21.07
                                   G VII a) and 21.07 G VIII a) with a content of
                                   non-milk fats of more than 20 %                              196.40
                               c) On exportation of other goods                                 188.00