CELEX: 31978R1052
Language: en
Date: 1978-05-19 00:00:00
Title: Commission Regulation (EEC) No 1052/78 of 19 May 1978 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

22. 5 . 78                                Official Journal of the European Communities                          No L 134/31
                                       COMMISSION REGULATION ( EEC) No 1052/78
                                                            of 19 May 1978
                fixing the adjustments to be made to refunds fixed in advance for milk and milk
                                                               products
 THE COMMISSION OF THE EUROPEAN                                        said Regulation are to be adjusted according to the
 COMMUNITIES,                                                          rules applicable to the advance fixing of the refund on
                                                                       basic products exported unprocessed ; whereas the
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                       refunds fixed in advance for the said products should
                                                                       therefore also be adjusted ;
  Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                     Whereas the measures provided for in this Regulation
 of the market in milk and milk products ('), as last                  are in accordance with the opinion of the Manage­
 amended by Regulation (EEC) No 1038 /78 (2), and in                   ment Committee for Milk and Milk Products ,
 particular Article 17 (4) thereof,
 Whereas, under the third subparagraph of Article 5 (3)                HAS ADOPTED THIS REGULATION :
 of Council Regulation (EEC) No 876/68 of 28 June
  1968 laying down general rules for granting export                                               Article 1
 refunds on milk and milk products and criteria for
 fixing the amount of such refunds (3 ), as last amended                1.     Refunds fixed in advance before 22 May 1978 for
 by Regulation (EEC) No 2429 /72 (4), refunds fixed in                 products as set out in Ann'exes I and II which are
 advance may be adjusted where there is a change in                    exported after this date shall, at the request of the
 the intervention prices and in the amount of certain                  parties concerned, be adjusted by the amounts set out
 aids for milk products ;                                              in the Annexes to this Regulation .
 Whereas, pursuant to Council Regulation ( EEC) No                     2.      The day to be taken into account in deter­
 998 /78 of 12 May 1978 (5 ), intervention prices have                 mining :
 been increased with effect from 22 May 1978 ;                         — the date of advance fixing, shall be the day on
 whereas the effect of the new prices on the level of                        which the application for the export licence was
 market prices is such that an adjustment of refunds                         lodged, within the meaning of Article 6 ( 1 ) of
 fixed in advance for milk products appears justified in                     Regulation (EEC) No 1 93/75 ( 7),
 the light of the increase in intervention prices ;
                                                                       — the date of exportation , shall be the day on which
 Whereas, in accordance with the third subparagraph                          are completed the customs formalities as referred
 of Article 5 (2) of Council Regulation ( EEC) No                            to in Article 9 (3) (b) of Regulation (EEC) No
 2682/72 of 12 December 1972 laying down general                             193 / 75 .
 rules for granting export refunds on certain agricul­
 tural products exported in the form of goods not                                                  Article 2
 covered by Annex II to the Treaty, and the criteria for
 fixing the amount of such refunds (6), refunds fixed in              This Regulation shall enter into force on 22 May
 advance for the products specified in Annex A to the                  1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 19 May 1978 .
                                                                                    For the Commission
                                                                                     Finn GUNDELACH
                                                                                        Vice-President
(')  OJ  No L 148 , 28 . 6 . 1968 , p. 13 .
(2 ) See page 4 of this Official Journal
(3 ) OJ  No L 1 55, 3 . 7 . 1968 , p . 1 .
H    OJ  No L 264 , 23 . 11 . 1972, p . 1 .
(5 ) OJ  No L 130 , 18 . 5 . 1978 , p . 5 .
( b) OJ No L 289 , 27 . 12 . 1972, p . 13 .                           ( 7 ) Of No L 25 , 31 . 1 . 1975 , p. 10 .
 ---pagebreak--- No L 134/32                     Official Journal of the European Communities                                  22 . 5 . 78
                                                     ANNEX I
           List of the adjustments applicable to refunds fixed in advance before 22 May 1978 in
           respect of certain products specified in Article 1 of Regulation (EEC) No 804/68 exported
                                              in their natural state
                                                                                    Refund in u.a./ l ()() kg
               CCT heading No                         Description                     net weight (unless
                                                                                     otherwise indicated)
           ex 04.01 A I a)        Other than whey                                        + 0-32
           ex 04.01 A II          Other than whey, of a fat content, by weight :
                                  — Not exceeding 1.5%                                   + 0-15
                                  — Exceeding 1 -5 % but not exceeding 3 %               + 0.24
                                  — Exceeding 3 % but not exceeding 4 %                  + 0-32
                                  — Exceeding 4 %                                        + 0.38
          ex 04.01 B I            Other than whey, of a fat content, by weight :
                                  — Not exceeding 10 %                                   + 0.48
                                  — Exceeding 10 % but not exceeding 17 %                + 0.76
                                  — Exceeding 17%                                       +    1 14
          ex 04.01 B II           Other than whey, of a fat content, by weight :
                                  — Not exceeding 35 %                                  +    1-35
                                  — Exceeding 35 % but not exceeding 39 %                + 2-12
                                  — Exceeding 39 %                                      + 2.33
          ex 04.01 B III          Other than whey, of a fat content, by weight :
                                  — Not exceeding 68 %                                  + 2.66
                                  — Exceeding 68 % but not exceeding 80 %                + 3-92
                                  — Exceeding 80 %                                      + 4.57
              04.02 A II          Of a fat content, by weight :
                                  — Not exceeding 1.5%                                  + 1.69 (')
                                  —   Exceeding 1.5%   but   not exceeding  11 %        + 1.69 (1 )
                                  —   Exceeding 11 %   but   not exceeding 17%          + 2.29
                                  —   Exceeding  17 %  but   not exceeding 25 %         + 2-55
                                  —   Exceeding 25 %   but   not exceeding 27 %         + 2-88
                                  —   Exceeding 27 %   but   not exceeding 29 %         + 2-96
                                  —   Exceeding 29 %   but   not exceeding 41 %         + 3-03
                                  — Exceeding 41 %                                       + 3.52
 ---pagebreak--- 22. 5 . 78                     Official Journal of the European Communities                                 No L 134/ 33
                                                                                    Refund in u.a. / 100 kg
                CCT heading No                        Description                     net weight ( unless
                                                                                     otherwise indicated )
            ex 04.02 A III a)    Of a tat content by weight :
                                 — Exceeding 3 % hut not exceeding 8.9 % and
                                     of a lactic dry matter content , by weight, of
                                     less than 1 5 %                                     + 0.32
                                 — Exceeding 3 % but not exceeding 7-4 % and
                                     of a lactic dry matter content, by weight, of
                                     1 5 % or more                                       + 0.57
                                — Exceeding 7.4 % but not exceeding 8.9 %
                                     and of a lactic dry matter content, by weight,
                                     of 1 5 % or more                                    + 0.77
                                — Exceeding 8.9 % but not exceeding 1 1 % and
                                     of a lactic dry matter content, by weight :
                                    — Of less than 15 %                                  + 0.48
                                    — Of 15 % or more                                   +- 0.91
           ex 04.02 A III b)    Of a lactic dry matter content, by weight :
                                 — Of less than 15% and of a fat content, by
                                     weight :
                                    — Exceeding 3 % but not exceeding 8.9 %             + 0 -32
                                    — Exceeding 8.9 % but not exceeding 1 1 %           + 0.48
                                    — Exceeding 11 % but not exceeding 21 %             +- 0.76
                                    — Exceeding 21 % but not exceeding 39 %             +    1.35
                                    — Exceeding 39 %                                    + 2.33
                                — Of 15 % or more and of a fat content, by
                                    weight :
                                    — Exceeding 3 % but not exceeding 7.4 %             + 0.57
                                    — Exceeding 7-4 % but not exceeding 8.9 %           + 0.77
                                    — Exceeding 8-9 %                                   + 0.91
           ex 04.02 A III b) 2  Of a fat content, by weight, exceeding 45 %             +- 2-66
           ex 04.02 B I b)      Other than whey, of a fat content, by weight
                                — Not exceeding 1.5%                                    + 0.0169 (-')
                                                                                            per kg
                                — Exceeding 1.5 % but not exceeding 11 %                + 0.01 69 ( J )
                                                                                            per kg;
                                — Exceeding 11 % but not exceeding 17%                  + 0-0229 (')
                                                                                            per kg
                                — Exceeding 17% but not exceeding 25%                   + 0.0255 (-)
                                                                                            per ki>
                                — Exceeding 25 % but not exceeding 27 %                + 0.0288 (-')
                                                                                           per ki;
                                — Exceeding 27 % but not exceeding 41 %                + 0.0296 ')
                                                                                           per ku
                                — Exceeding 41 %                                       + 0.0352 (2 )
                                                                                           per kg
 ---pagebreak--- No L 134 / 34                  Official Journal of the European Communities                             22 . 5 . 78
                                                                                 Refund in u.a./ 100 kg
                CCT heading No                        Description                  net weight ( unless
                                                                                  otherwise indicated)
             ex 04.02 II         Of a dry matter content, by weight :
                                 — Of less than 15% and of a fat content by
                                      weight :
                                     — Exceeding 3 % but not exceeding 9.5 %          + 0.0032 (2)
                                                                                          per kg
                                     — Exceeding 9.5 % but not exceeding 21 %         + 0.0076 (2)
                                                                                          per kg
                                 — Of 15 % or more and of a fat content, by
                                     weight :
                                     — Not exceeding 6.9 %                            + 0-46 (3 )
                                     — Exceeding 6-9 % but not exceeding 9.5 %        + 0.95 (3)
                                     — Exceeding 9.5 % but not exceeding 21 %        + 0-0076 (2)
                                                                                          per kg
                                 Of a fat content, by weight :
                                 — Exceeding 21 % but not exceeding 39 %              + 0-0135 (2 )
                                                                                          per kg
                                 — Exceeding 39 % but not exceeding 45 %              + 0-0233 (2)
                                                                                          per kg
                                 — Exceeding 45 %                                    + 0.0266 (2)
                                                                                          per kg
            ex 04.03             Of a fat content, by weight :
                                 — Of 62 % or more but less than 78 %                + 3.59
                                 — Of 78 % or more but less than 80 %                 + 4-49
                                 — Of 80 % or more but less than 82 %                + 4-60
                                 — Of 82 % or more, but less than 99.5 %             + 4.77
                                 — Exceeding 99-5 %                                  + 5-75
            ex 04.04 A II        Emmentaler and Gruyere                               + 4-03
            ex 04.04 C           Other than Roquefort                                + 3-33
            ex 04.04 D II a) 1   Of a dry matter content, by weight :
                                 — Of 33 % or more, but less than 38 %               + 1.24
                                 — Of 38 % or more, but less than 43 % and of a
                                     fat content, by weight, in the dry matter :
                                     — Of less than 20 %                             + 1.24
                                     — Of 20 % or more                               + 1.84
 ---pagebreak--- 22 . 5 . 78                       Official Journal of the European Communities                                    No L 134/35
                                                                                           Refund in u.a./ 100 kg
                CCT heading No                              Description                      net weight ( unless
                                                                                            otherwise indicated )
            ex 04.04 D II a) 1      — Of 4.} % or more and of a fat content, by
            (cont'd)                     weight, in the dry matter :
                                         — Of less than 20 %                                    +   1.24
                                         — Of 20 % or more but less than 40 %                   +   1-84
                                         — Of 40 % or more                                      +- 2.69
            ex 04.04 D II a) 2      Of a dry matter content, by weight :
                                    — Of 33 % or more but less than 38 %                        +   1.24
                                    — Of 38 % or more but less than 43 %                        + 1.84
                                    — Of 43 % or more but less than 46 %                        +- 2.69
                                    — Of 46 % or more and of a fat content, by
                                         weight, in the dry matter :
                                         — Of less than 55 %                                    + 2.69
                                         — Of 55 % or more                                      + 3.19
                04.04 D II b)       Exceeding 36 %                                              + 3.19
            ex 04.04 E I a) 1       Of a fat content, by weight, not exceeding 40 %
                                    and of a water content, calculated by weight, of
                                    the non-fatty matter not exceeding 47 %
                                    ( excluding cheeses manufactured from whey)                 + 4.52
            ex 04.04 E I b) 1 bb)   Of a fat content, by weight , in the dry matter of
                                    48 % or more                                                + 3.76
            ex 04.04 E I b ) 5      Of a fat content, by weight, in the dry matter :
                                    — Of less than 5 % and of a content, by weight,
                                         in the dry matter of 32 % or more (excluding
                                         cheeses manufactured from whey)                        + 2.07
                                    — Of 5 % or more but less than 1 9 % and of a
                                         content , by weight, in the dry matter of 32 %
                                         or more ( excluding cheeses manufactured
                                         from whey )                                            + 2.42
                                    — Of 19 % or more but less than 39 % and of a
                                         water content, calculated by weight, of the
                                         non-fatty matter not exceeding 62 %
                                         ( excluding cheeses manufactured from whey)            + 2.93
                                    — Of 39 % or more :
                                         — Asiago, Caciocavallo , Provolone , Ragusano          + 3.89
                                         — Danbo , Edam , Fontal , Fontina , Fynbo ,
                                              Gouda , Havarti , Maribo , Samsø , Tilsit         + 3.43
                                         — Butterkase , Esrom , Italico , Kernhem , Saint-
                                              Nectaire , Saint-Paulin , Taleggio                + 2.97
                                         — Cantal                                               +-  3.51
 ---pagebreak--- No L 134/36                   Official Journal of the European Communities                                 22 . 5 . 78
                                                                                    Refund in u.a. / 100
               CCT heading No                       Description                       net weight ( unless
                                                                                     otherwise indicated )
           ex 04.04 E I b) 5    — Salted Ricotta, of a fat content, by weight, of
           (cont'd)                 30 % or more                                         +   1.68
                                — Feta                                                   +   1.93
                                — Colby, Monterey                                        + 3.51
                                — Other (excluding cheeses manufactured from
                                    whey), of a water content, calculated by
                                    weight, of the non-fatty matter :
                                    — Exceeding 47 % but not exceeding 52 %              + 3.51
                                    — Exceeding 52 % but not exceeding 62 %              + 3.43
               04.04 E I c )    — Of a fat content, by weight, in the dry matter
                                    exceeding 70 % (excluding cheeses manufac­
                                    tured from whey)                                     + 2.49
                                — Cottage cheese                                         +- 0.89
           ex 04.04 E 11 a)     Of a fat content, by weight , exceeding 20 % , of a
                                lactose content by weight of less than 5 % and of
                                a dry matter content, by weight :
                                — Of     80 %   or  more     but less  than  85 %
                                    (excluding cheeses manufactured from whey)           + 4.52
                                —- Of    85 %    or more     but less  than  95 %
                                    (excluding cheeses manufactured from whey)           + 5.88
                                — Of 95 % or more (excluding cheeses manufac­
                                    tured from whey)                                    + 6.60
           ex 23.07 B I a) 3    Of a content, by weight, of powdered or granu­
                                lated milk (excluding whey) :
                                — Of 30 % or more but less than 40 %                     + 0.54 C )
                                — Of 40 % or more but less than 50 %                     + 0.71 (-»)
                                — Of 50 % or more but less than 60 %                     + 0.88 (■>)
                                — Of 60 % or more but less than 70 %                     + 1 '05 (4 )
                                — Of 70 % or more                                        + 1 -22 (4)
           ex 23.07 B I a) 4    Of a content, by weight, of powdered or granu­
                                lated milk (excluding whey) :
                                — Of 30 % or more but less than 40 %                     + 0.54 (4 )
                                — Of 40 % or more but less than 50 %                     + 0.71 (")
                                — Of 50 % or more but less than 60 %                     +- 0.88 C )
                                — Of 60 % or more but less than 70 %                     + 1 -05 (4 )
                                — Of 70 % or more but less than 75 %                     + 1 - 22 (4 )
                                — Of 75 % or more but less than 80 %                     + 1 -30 (4)
                                — Of 80 % or more                                        + 1 -39 (4 )
 ---pagebreak--- 22. 5 . 78                                  Official Journal of the European Communities                                                            No L 134/ 37
                                                                                                                         Refund in u.a./ 100 kg
                     CCT heading No                                       Description                                       net weight ( unless
                                                                                                                           otherwise indicated )
           ex 23.07 B II                        Of a content, by weight, of powdered or granu­
                                                lated milk (excluding whey) :
                                               — Of 50 % or more but less than 60 %                                           +    0.88 (4 )
                                                — Of 60 % or more but less than 70 %                                          +    1.05 (4 )
                                                — Of 70 % or more but less than 80 %                                           +   1 - 22 (4 )
                                                — Of 80 % or more                                                              +   1 -39 (4 )
           (') This amount is not applicable to exports under Regulation ( EEC ) No 20 54/ 76 .
           ( : ) The weight of added non-lactic matter and lactose should be disregarded for the purpose of calculating fat content . The refund on
                  100 kg of product falling within this subheading is equal to the sum of the following components :
                 (a ) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product ;
                 (b) a component established in accordance with Regulation ( EEC) No 766 / 68 .
           ( 3 ) The refund on 100 kg of product falling within this subheading is equal to the sum of the following components :
                 (a ) the amount per 100 kg shown ; and
                 (b ) a component established in accordance with Regulation ( EEC ) No 766 / 68 .
           ( 4 ) This amount is not applicable to exports containing skimmed-milk powder purchased under Regulation ( EEC ) No 20 54 / 76.
           The weight of non-milk fat should be disregarded for the purposes of calculating fat content.
                                                                        ANNEX II
             List of adjustments applicable to refunds fixed in advance before 22 May 1978 in respect of
             the products indicated in Annex A to Regulation ( EEC ) No 2682 / 72 and specified in
             Article 1 of Regulation ( EEC) No 804 /68 , exported in the form of goods included in the
                                                          Annex to the latter Regulation
                                                                                                                                   Adjustment
                  CCT heading No                                           Description                                           in u.a./ 100 kg
                                                                                                                               net weight ( unless
                                                                                                                              otherwise indicated )
             ex 04.02 A II                  Milk powder, obtained by the spray process , of a fat
                                           content by weight of less than 1.5% , and of a water
                                            content by weight of less than 5 % ( PG 2)                                               + I - 69
             ex 04.02 A II                  Milk powder, obtained by the spray process, of a fat
                                            content by weight of 26 % and of a water content by
                                            weight of less than 5 % ( PG 3 )                                                         + 2.88
             ex 04.02 A III                 Condensed milk , of a fat content , by weight, of 7.5 %
                                            and of a weight referred to dry matter of 25 % ( PG 4 )                                  + 0.77
             ex 04.03                       Butter of a fat content , by weight, of 82 % ( PG 6)                                     +- 4.77