CELEX: 31979R0411
Language: en
Date: 1979-03-01 00:00:00
Title: Commission Regulation (EEC) No 411/79 of 28 February 1979 fixing the rates of the refunds applicable from 1 March 1979 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 50/ 30                                Official Journal of the European Communities                                 1 . 3 . 79
                                       COMMISSION REGULATION (EEC) No 411 /79
                                                        of 28 February 1979
                fixing the rates of the refunds applicable from 1 March 1979 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 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
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 707/78 (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                       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 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.
(•) 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.
(3) 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.                               H OJ No L 118 , 11 . 5. 1977, p. 8 .
 ---pagebreak--- 1 . 3 . 79                            Official Journal of the European Communities                         No L 50 /31
Whereas Commission Regulation (EEC) No 232/75 of                 HAS ADOPTED THIS REGULATION :
30 January 1975 on the sale of butter at reduced
prices for use in the manufacture of pastry products
and ice cream ( !), as last amended by Regulation                                       Article 1
(EEC) No 86/79 (2), authorizes the delivery to indus­
tries manufacturing the goods falling within heading
                                                                 1 . The rates of the refunds applicable from 1 March
No 19.08 or subheadings 18.06 B and 21.07 C, and
'ice mix' falling within subheading 18.06 D and                  1979 to the basic products appearing in Annex A to
                                                                 Regulation (EEC) No 2682/72 and listed in Article 1
heading No ex 21.07 of the Common Customs Tariff,               of Regulation (EEC) No 804/68, exported in the form
of butter at a reduced price under a standing invita­
tion to tender ;
                                                                 of goods listed in the Annex to Regulation (EEC) No
                                                                 804/68 , are hereby fixed as shown in the Annex to
Whereas Commission Regulation (EEC) No 262/79 of                this Regulation .
12 February 1979 on the sale of butter at reduced
prices for use in the manufacture of pastry products,            2. No rates of refund are fixed for any of the
ice-cream and other foodstuffs (3) has replaced                  products referred to in the preceding paragraph which
Commission Regulation (EEC) No 232/75, and has,                 are not listed in the Annex to this Regulation.
moreover, extended the range of products for the
manufacture of which butter sold at reduced prices is
intended ;                                                                              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 March
ment Committee for Milk and Milk Products,                       1979 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 February 1979 .
                                                                          For the Commission
                                                                           Étienne DAVIGNON
                                                                      Member of the Commission
(') OJ No L 24, 31 . 1 . 1975, p. 45.
(2) OJ No L 13, 19. 1 . 1979, p. 18 .
(3) OJ No L 41 , 16. 2. 1979, p. 1 .
 ---pagebreak--- No L 50/32                           Official Journal of the European Communities                                1 . 3 . 79
                                                           ANNEX
           to the Commission Regulation of 28 February 1979 fixing the rates of the refunds
           applicable from 1 March 1979 to certain milk products exported in the form of goods not
                                              covered by Annex II to the Treaty
                                                                                                 (u.a. /100 kg )
                CCT
                                                                                                  Rate of
               heading                                     Description
                 No                                                                               refund
           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 % by weight (PG 2) :
                                 a) On exportation of goods of CCT heading No 35.01
                                 b) On exportation of other goods                                  66-54
           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 )                                  93-55
           ex 04.02 A III        Concentrated milk, with a fat content by weight of 7-5 °/o
                                 and a content by weight in dry matter equal to 25 °/o
                                 ( PG 4)                                                           20-16
           ex 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 subheadings 21.07
                                     G VII a ) and 21.07 G VIII a) with a content of
                                     non-milk fats of more than 20 %                             171-88
                                 c) On exportation of other goods                                164-52
           N.B. ; As from 5 March 1979 the text of heading No ex 04.03 a) is replaced by the following :
                  'a) On exportation of the following goods manufactured under the conditions laid
                       down in Article 6 of Regulation (EEC) No 232/75 and Articles 4 and 5 of Regulation
                       ( EEC) No 262/79 :
                       — 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 ).'