CELEX: 31985R1364
Language: en
Date: 1985-05-27 00:00:00
Title: Commission Regulation (EEC) No 1364/85 of 24 May 1985 fixing the adjustments to be made to certain refunds fixed in advance for milk and milk products

27. 5. 85                             Official Journal of the European Communities                         No L 139/5
                                 COMMISSION REGULATION (EEC) No 1364/85
                                                      of 24 May 1985
             fixing the adjustments to be made to certain refunds fixed in advance for milk
                                                    and milk products
THE COMMISSION OF THE EUROPEAN                                  year ; whereas, moreover, account must also be taken,
COMMUNITIES,                                                    on a standard basis, of the dates of production of the
                                                                different milk products ;
Having regard to the Treaty establishing the European           Whereas, under the third subparagraph of Article 5 (2)
Economic Community,                                             of Council Regulation (EEC) No 3035/80 (9), as last
                                                                amended by Regulation (EEC) No 1028/83 (10), refunds
                                                                fixed in advance for the products specified in the
Having regard to Council Regulation (EEC) No 804/68             Annex to that Regulation are adjusted according to the
of 27 June 1968 on the common organization of the               rules applicable to the advance fixing of the refund on
market in milk and milk products ('), as last amended           basic products exported unprocessed ; whereas it is
by Regulation (EEC) No 1298/85 (2), and in particular           necessary, therefore, to provide that refunds fixed in
Article 17 (4) thereof,                                         advance in respect of the said products may also be
                                                                adjusted accordingly ;
Having regard to Council Regulation (EEC) No 974/71
of 12 May 1971 on certain measures of conjunctural              Whereas this Regulation will be supplemented by a
policy to be taken in agriculture following the tempo­          Commission Regulation fixing the adjustments to be
rary widening of the margins of fluctuation for the             made to monetary compensatory amounts fixed in
currencies of certain Member States (3), as last amended        advance for milk and milk products ;
by Regulation (EEC) No 855/84 (4), and in particular
Article 2 thereof,                                              Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Management
                                                                Committee for Milk and Milk Products,
Whereas, under the third subparagraph of Article 5 (3)
of Council Regulation (EEC) No 876/68 of 28 June
1968 laying down general rules for granting export
refunds on milk and milk products and criteria for
                                                                HAS ADOPTED THIS REGULATION :
fixing the amount of such refunds (*), as last amended
by Regulation (EEC) No 2429/72 (*), it is possible for
refunds fixed in advance to be adjusted where there is
a change in the intervention prices and in certain                                      Article 1
forms of aid ;
                                                                1.    Refunds fixed in advance until 16 May 1985
Whereas Council Regulation (EEC) No 1299/85 f)                  inclusive in respect of the products listed in Annex I
fixed the new intervention prices applicable for milk           shall be the subject of adjustments fixed in accordance
                                                                with the said Annex and the rules set out below.
and milk products for the 1985/86 milk year ;
Whereas, on 29 January 1985, the Commission
announced its intention at the beginning of the new                                     Article 2
marketing year to bring refunds fixed in advance into
line with the new intervention prices (8) ;                     1 . The positive adjustments shall be applicable, at
                                                                the request of the party concerned, to :
Whereas it is necessary, as already announced, to limit
operation of the adjustment to cases where the export           (a) — products falling within heading No 04.01 of the
                                                                        Common Customs Tariff, with the exception of
licence was applied for on or before the day preceding                  UHT or sterilized milk or UHT or sterilized
that on which the Council decided on the new prices
                                                                        cream, and
and measures applicable during the 1985/86 milk
                                                                    — cottage cheese or cream cheese falling within
                                                                        subheading 04.04 E I c) of the Common
(') OJ No  L 148, 28. 6. 1968, p. 13.                                   Customs Tariff,
(2) OJ No  L 137, 27. 5. 1985, p. 5.
0   OJ No  L 106, 12. 5. 1971 , p. 1 .
(<) OJ No  L 90, 1 . 4. 1984, p. 1 .                                exported on or after 3 June 1985 ;
0   OJ No  L 155, 3. 7. 1968, p. 1 .
(«) OJ No  L 264, 23. 11 . 1972, p. 1 .
0   OJ No  L 137, 27. 5. 1985, p. 6.                            0 OJ No L 323, 29. 11 . 1980, p. 27.
(8) OJ No  C  27, 29. 1 . 1985, p. 6.                           H OJ No L 116, 30. 4. 1983, p. 9.
 ---pagebreak--- No L 139 /6                          Official Journal of the European Communities                                    27. 5. 85
(b) products falling within subheading 04.04 D of the          butter falling within subheading 04.03 A of the
     Common Customs Tariff exported on or after 8              Common Customs Tariff used to manufacture the
     July 1985 ;                                               foregoing products was produced before 27 May 1985.
(c) products falling within the following subheadings                                       Article 4
      of the Common Customs Tariff :
      04.02 A II a) 2,                                          No adjustment shall be applicable to refunds fixed in
                                                               advance for :
      04.02 A II a) 3,
      04.02 A II a) 4,                                         — butter, butteroil or ghee exported in accordance
      04.02 A II b) 2,                                               with Regulations (EEC) No 2268/84 ('), (EEC) No
      04.02 A II b) 3,                                               2278/84 (2) or (EEC) No 2956/84 (3) ;
      04.02 A II b) 4,
      04.02 B I b) 1 bb),                                      — cheeses exported to zone E and Canada,
      04.02 B I b) 1 cc),                                      — cheeses listed in Annex II b) to Regulation (EEC)
      04.02 B I b) 2 bb),                                            No 2729/81 exported to Australia.
      04.02 B I b) 2 cc),
      exported on or after 17 June 1985 ;
                                                                                            Article 5
(d) UHT or sterilized milk and UHT or sterilized
      cream and products other than those referred to           For the milk products referred to in Annex II, the
      under point (a), (b) or (c), exported on or after 26      adjustments of refunds fixed in advance until 16 May
                                                                1985 inclusive shall apply in accordance with the same
      August 1985 ;
                                                                conditions as those for products exported in an unpro­
                                                                cessed state referred to in Articles 2 and 3 .
 2. However, for products other than those referred
 to under paragraph 1 (a) and (b), where evidence is
 produced to the satisfaction of the competent authori­                                      Article 6
 ties that the product in question was manufactured
 during the 1985/86 milk year, the positive adjustments         1 . The Member States shall make the necessary
 shall be applied to exports made on or after 3 June            arrangements, including the appropriate supervision
 1985 .
                                                                measures, concerning the supporting documents
                                                                which may be used as the evidence referred to in
 For the products falling with subheading 23.07 B of            Articles 2 (2) and 3 (2).
 the Common Customs Tariff, the production of
 evidence referred to above also concerns skimmed               2.     The   date    to      be   taken      into account   for
 milk falling within subheading ex 04.01 A II or                determining :
 skimmed-milk powder incorporated in the products
 falling within subheading ex 04.02 A II.                       — the date of the advance fixing shall be the day on
                                                                     which the application for the export licence was
                                                                     lodged, within the meaning of Article 14 ( 1 ) of
                                                                     Commission Regulation (EEC) No 3183/80 (4),
                          Article 3                             — the date of export shall be the date on which the
                                                                     customs formalities referred to in Article 22 ( 1 ) (b)
                                                                     of Regulation (EEC) No 3183/80 are completed.
  1 . The negative adjustments shall be applicable to
  the products in question which are exported on or
  after 27 May 1985.                                                                         Article 7
  2. For products exported between 27 May and 26                This Regulation shall enter into force on the day of its
  June 1985 the negative adjustments shall not apply to         publication in the Official Journal of the European
                                                                 Communities.
  products in cases where it can be proved to the satis­
  faction of the competent authorities that the product
  in question was manufactured before 27 May 1985.               It shall apply from 27 May 1985.
                                                                 (') OJ  No L  208 , 3 . 8 . 1984, p. 35.
  For products falling within subheading 04.03 B of the          (2) OJ  No L  209,  4. 8 . 1984, p.   8.
  Common Customs Tariff, the negative adjustment                 0   OJ  No L  279,  23 . 10 . 1984,  p. 4.
  shall not be applied if proof is furnished that the            (4) OJ  No L  338 , 13 . 12. 1980,   p. 1 .
 ---pagebreak--- 27. 5. 85                    Official Journal of the European Communities                        No L 139/7
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 24 May 1985.
                                                                 For the Commission
                                                                  Frans ANDRIESSEN
                                                                     Vice-President
 ---pagebreak--- No L 139/8                               Official Journal of the European Communities                                   27 . 5 . 85
                                                               ANNEX I
              List of the adjustments mentioned in Article 1 applicable to refunds fixed in advance for
                             products specified in Article 1 of Regulation (EEC) No 804/68
        CCT                                                                                          Amount of adjustment
      heading                                           Description                                 ECU/ 100 kg net weight
         No                                                                                       (unless otherwise indicated)
  04.01            Milk and cream, fresh, not concentrated or sweetened :                         I
                   ex A. Other than whey, of a fat content, by weight, not exceeding 6 % (') :
                           I. Yoghourt, kephir, curdled milk, buttermilk and other fermented
                               or acidified milk :
                               a) In immediate packings of a net capacity of two litres or less :
  \                               ( 1 ) Of a fat content, by weight, not exceeding 1,5 %                     + 0,74
                                  (2) Of a fat content, by weight, exceeding 1,5 % but not
                                         exceeding 3 %                                                       + 0,61
                                  (3) Of a fat content, by weight, exceeding 3 %                             + 0,48
                               b) Other :
                                  (1 ) Of a fat content, by weight, not exceeding 1,5 %                      + 0,74
                                  (2) Of a fat content, by weight, exceeding 1,5 % but not        I
                                         exceeding 3 %                                                       + 0,61
                                  (3) Of a fat content, by weight, exceeding 3 %                             + 0,48
                          II . Other :                                                            I
                               a) In immediate packings of a net capacity of two litres or less   l
                                  and of a fat content, by weight :                               \
                                   1 . Not exceeding 4 % :                                        I
                                        (aa) Of a fat content, by weight, not exceeding 1,5%                 + 0,74
                                        (bb) Of a fat content, by weight, exceeding 1,5 % but not Il
                                             exceeding 3 %                                                   + 0,61
                                        (cc) Of a fat content, by weight, exceeding 3 %                      + 0,48
                                   2. Exceeding 4 %                                                          + 0,39
                               b) Other, of a fat content, by weight :                            ll
                                   1 . Not exceeding 4 % :                                        ll
                                        (aa) Of a fat content, by weight, not exceeding 1,5 %                + 0,74
                                        (bb) Of a fat content, by weight, exceeding 1,5 % but not Il
                                             exceeding 3 %                                                   + 0,61
                                        (cc) Of a fat content, by weight, exceeding 3 %                      + 0,48
                                   2. Exceeding 4 %                                                          + 0,39
 ---pagebreak--- 27. 5. 85                            Official Journal of the European Communities                             No L 139/9
         CCT                                                                                   Amount of adjustment
       heading                                     Description                                ECU/ 100 kg net weight
          No                                                                                (unless otherwise indicated)
   04.01       ex B. Other, excluding whey, of a fat content, by weight (') :
   (cont'd)    Il
                       ex     I. Exceeding 6 % but not exceeding 21 % :                     I
                                  (a) Of a fat content, by weight, not exceeding 10 %                  + 0,23
                                  (b) Of a fat content, by weight, exceeding 10 % but not
                                      exceeding 17 %                                                  — 0,19
                                  (c) Of a fat content, by weight, exceeding 17 %                     — 0,79
                            II. Exceeding 21 % but not exceeding 45 % :
                                  (a) Of a fat content, by weight, not exceeding 35 %                 — 1,13
                                  (b) Of a fat content, by weight, exceeding 35 % but not
                                      exceeding 39 %                                                  — 2,32
                                  (c) Of a fat content, by weight, exceeding 39 %                     — 2,65
                           III . More than 45 % :
                                  (a) Of a fat content, by weight, not exceeding 68 %                 — 3,17
                                  (b) Of a fat content, by weight, exceeding 68 % but not
                                      exceeding 80 %                                                  — 5,12
                                  (c) Of a fat content, by weight, exceeding 80 %                     — 6,15
   04.02.      Milk and cream, preserved, concentrated or sweetened :
               A. Not containing added sugar (2) :
                   II. Milk and cream, in powder or granules :
                        a) In immediate packings of a net capacity of 2,5 kilograms or less
                           and of a fat content, by weight :
                           1 . Not exceeding 1,5%                                                      + 8,16
                           2. Exceeding 1,5 % but not exceeding 27 % :
                                (aa) Of a fat content, by weight, not exceeding 1 1 %                  + 8,16
                                (bb) Of a fat content, by weight, exceeding 1 1 % but not
                                      exceeding 17 %                                                   + 6,53
                                (cc) Of a fat content, by weight, exceeding 17% but not
                                      exceeding 25 %                                                   + 5,35
                                (dd) Of a fat content, by weight, exceeding 25 %                       + 4,15
                           3. Exceeding 27 % but not exceeding 29 % :
                                (aa) Of a fat content, by weight, not exceeding 28 %                   + 3,99
                                (bb) Of a fat content, by weight, exceeding 28 %                       + 3,82
 ---pagebreak--- No L 139/ 10               Official Journal of the European Communities                                27. 5. 85
        CCT                                                                         Amount of adjustment
      heading                            Description                               ECU/ 100 kg net weight
         No                                                                      (unless otherwise indicated)
  04.02          4. Exceeding 29 % :
  (cont'd)
                     (aa) Of a fat content, by weight, not exceeding 41 %                   + 3,51
                     (bb) Of a fat content, by weight, exceeding 41 % but not
                            exceeding 45 %                                                  + 1,37
                     (cc) Of a fat content, by weight, exceeding 45 % but not
                            exceeding 59 %                                                  + 0,67
                     (dd) Of a fat content, by weight, exceeding 59 % but not
                            exceeding 69 %                                                 — 1,76
                     (ee) Of a fat content, by weight, exceeding 69 % but not
                            exceeding 79 %                                                 — 3,53
                     (ff) Of a fat content, by weight, exceeding 79 %                      — 5,26
              b) Other, of a fat weight content :                              l
                 1 . Not exceeding 1,5%                                                     + 8,16
                 2. Exceeding 1,5 % but not exceeding 27 % :
                     (aa) Of a fat content, by weight, not exceeding 11 %                   + 8,16
                     (bb) Of a fat content, by weight, exceeding 1 1 % but not
                            exceeding 17 %                                                  + 6,53
                     (cc) Of a fat content, by weight, exceeding 1 7 % but not
                            exceeding 25 %                                                  + 5,35
                     (dd) Of a fat content, by weight, exceeding 25 %                       + 4,15
  I              3. Exceeding 27 % but not exceeding 29 % :                    I
                     (aa) Of a fat content, by weight, not exceeding 28 %                   + 3,99
  I                  (bb) Of a fat content, by weight, exceeding 28 %                       + 3,82
  I              4. Exceeding 29 % :                                           I
                      (aa) Of a fat content, by weight, not exceeding 41 %                  + 3,51
                      (bb) Of a fat content, by weight, exceeding 41 % but not
                            exceeding 45 %                                                  + 1,37
  I                   (cc) Of a fat content, by weight, exceeding 45 % but not
                            exceeding 59 %                                                  + 0,67
                      (dd) Of a fat content, by weight, exceeding 59 % but not
                            exceeding 69 %                                                  — 1,76
                      (ee) Of a fat content, by weight, exceeding 69 % but not
                            exceeding 79 %                                                  — 3,53
                      (ff) Of a fat content, by weight, exceeding 79 %         I            — 5,26
 ---pagebreak--- 27. 5. 85                       Official Journal of the European Communities                              No L 139 / 11
         CCT                                                                                Amount of adjustment
       heading                                 Description                                 ECU/ 100 kg net weight
          No                                                                             (unless otherwise indicated)
   04.02       III. Milk and cream, other than in powder or granules :
   (cont'd)
                    a) In immediate packings of a net content of 2,5 kg or less and of a
                       fat content by weight not exceeding 11 % :
                       1 . Of a fat content, by weight, not exceeding 8,9 % and of a
                           non-fat lactic dry matter content :
                           (aa) Of less than 1 5 % and of a fat content :
                                ( 11 ) Not exceeding 3 % , by weight                                  —
                                (22) Exceeding 3 % , by weight                                      + 0,48
                           (bb) Of 1 5 % or more and of a fat content :
                                ( 11 ) Not exceeding 3 % , by weight                                + 1,93
                                (22) Exceeding 3 % , by weight, but not exceeding 7,4 %             + 1,57
                                (33) Exceeding 7,4 %                                                + 0,96
                       2. Other, of a non fat lactic dry matter content :
                           (aa) Of less than 15% , by weight                                       — 0,02
                           (bb) Of 15 % or more, by weight                                          + 1,13
                    b) Other, of a fat content, by weight :
                       1 . Not exceeding 45 % and of a non fat lactic dry matter
                           content :
                           (aa) Of less than 1 5 % and of a fat content :
                                ( 11 ) Not exceeding 3 % , by weight                                  —
                                (22) Exceeding 3 % , by weight, but not exceeding 8,9 %             + 0,48
                                (33) Exceeding 8,9 % , by weight, but not exceeding
                                       11 %                                                        — 0,02
                                (44) Exceeding 11 % , by weight, but not exceeding 21 %            — 0,28
                                (55) Exceeding 21 % , by weight, but not exceeding 39 %            — 1,13
                                (66) Exceeding 39 %                                                — 2,65
                           (bb) Of 15 % or more and of a fat content :
                                (11 ) Not exceeding 3 % , by weight                                 + 1,93
                                (22) Exceeding 3 % , by weight, but not exceeding 7,4 %             + 1,57
                                (33) Exceeding 7,4 % ; by weight, but not exceeding
                                       8,9 %                                                        + 0,96
                                 (44) Exceeding 8,9 %                                               + 1,13
                       2. Exceeding 45 %                                                           — 3,17
 ---pagebreak--- No L 139/ 12                  Official Journal of the European Communities                                    27. 5. 85
        CCT                                                                                Amount of adjustment
      heading                                   Description                               ECU/ 100 kg net weight
          No                                                                            (unless otherwise indicated)
  04.02       B. Containing added sugar :
  (cont 'd)
                     I. Milk and cream, in powder or granules :
                        ex b) Other, excluding whey :
                              1 . In immediate packings of a net capacity of 2,5 kilo­
                                  grams or less and of a fat content, by weight :
                                  aa) Not exceeding 1,5 %                                        -1- 0,0816
                                                                                                  per kg (4)
                                  bb) Exceeding 1,5 % but not exceeding 27 % :
                                      ( 11 ) Of a fat content, by weight, not exceeding
                                             11 %                                                + 0,0816
                                                                                                  per kg (4)
                                      (22) Of a fat content, by weight, exceeding 11 %
                                             but not exceeding 17 %                              + 0,0653
                                                                                                  per kg (4)
                                      (33) Of a fat content, by weight, exceeding 17 %
                                             but not exceeding 25 %                              + 0,0535
                                                                                                  per kg (4)
                                      (44) Of a fat content, by weight, exceeding 25 %           + 0,0415
                                                                                                  per kg (4)
                                  cc) Exceeding 27 % :
                                      (11 ) Of a fat content, by weight, not exceeding
                                             41 %                                                + 0,0399
                                                                                                  per kg (4)
                                      (22) Of a fat content, by weight, exceeding 41 %           + 0,0137
                                                                                                  per kg (4)
                              2. Other, of a fat content, by weight :
                                  aa) Not exceeding 1,5 %                                        + 0,0816
                                                                                                  per kg (4)
                                  bb) Exceeding 1,5 % but not exceeding 27 % :
                                      ( 11 ) Of a fat content, by weight, not exceeding
                                             11 %                                                + 0,0816
                                                                                                  per kg (4)
                                      (22) Of a fat content, by weight, exceeding 1 1 %
                                             but not exceeding 17 %                              + 0,0653
                                                                                                  per kg (4)
                                      (33) Of a fat content, by weight, exceeding 17 %
                                             but not exceeding 25 %                               + 0,0535
                                                                                                  per kg (4)
                                      (44) Of a fat content, by weight, exceeding 25 %            + 0,0415
                                                                                                  per kg (4)
                                  cc) Exceeding 27 % :
                                      ( 11 ) Of a fat content, by weight, not exceeding
                                             41 %                                                 + 0,0399
                                                                                                  per kg (4)
                                      (22) Of a fat content, by weight, exceeding 41 %            + 0,0137
                                                                                                  per kg (4)
 ---pagebreak--- 27 . 5 . 85                           Official Journal of the European Communities                                    No L 139/ 13
           CCT                                                                                          Amount of adjustment
         heading                                         Description                                  ,ECU/ 100 kg net weight
            No                                                                                      (unless otherwise indicated)
    04.02           ex II. Milk and cream, excluding whey other than in powder or
    (cont 'd)                  granules :
                               ex a) In immediate packings of a net capacity of 2,5 kg or less
                                      and of a fat content by weight not exceeding 9,5 % :
                                     (1 ) Of a fat content, by weight, not exceeding 6,9 % and
                                          of a non fat lactic dry matter content :
                                          (aa) Of less than 1 5 % and of a fat content :
                                                ( 11 ) Not exceeding 3 %, by weight                              —
                                                (22) Exceeding 3 % by weight                                 + 0,0048
                                                                                                              per kg (4)
                                          (bb) Of 15 % or more                                               + 2,23 0
                                     (2) Of a fat content, by weight, exceeding 6,9 % and of a
                                          non fat lactic dry matter content, by weight, of 15 %
                                          or more                                                            + 1,28 0
                                  b) Other, of a fat content, by weight :
                                     ex 1 . Not exceeding 45 % :
                                              (aa) Of a fat content, by weight, not exceeding
                                                     6,9 % and of a non fat lactic dry matter
                                                     content, by weight, of 1 5 % or more                    + 2,23 0
                                              (bb) Of a fat content, by weight, exceeding 6,9 %
                                                     but not exceeding 21 % and of a non fat lactic
                                                     dry matter content, by weight, of 15 % or
                                                     more                                                    + 1,28 0
                                              (cc) Of a fat content by weight, exceeding 9,5 %
                                                     but not exceeding 21 % and of a non fat lactic
                                                     dry matter content, by weight, less than 1 5 %          — 0,0011
                                                                                                              per kg (■*)
                                              (dd) Of a fat content, by weight, exceeding 21 %
                                                     but not exceeding 39 %                                  — 0,01 1 3
                                                                                                              per kg (4)
                                              (ee) Of a fat content, by weight, exceeding 39 %               — 0,0265
                                                                                                              per kg (4)
                                          2. Exceeding 45 %                                                  — 0,0317
                                                                                                              per kg (4)
    04.03        Butter :
                 ex A. Of a fat content, by weight, not exceeding 85 % :
                            (I) Of a fat content, by weight, of 62 % or more, but less than
                                78 %                                                                          — 4,91
                           (II) Of a fat content, by weight, of 78 % or more but less than
                                80 %                                                                          — 6,18
                          (III) Of a fat content, by weight, of 80 % or more, but less than
                                82 %                                                                          — 6,34
                          (IV) Of a fat content, by weight, of 82 % or more                                   — 6,50
   l                B. Other, of a fat content, by weight :
                           (I) Not exceeding 99,5 %                                                           — 6,50
                          (II) Exceeding 99,5 %                                                               — 7,93
 ---pagebreak--- No L 139/ 14                    Official Journal of the European Communities                                    27. 5. 85
       CCT                                                                                   Amount of adjustment
      heading                                      Description                              ECU/ 100 kg net weight
        No                                                                                (unless otherwise indicated)
  04.04       Cheese and curd :
              ex A. Emmentaler and Gruyere, not grated or powdered                                  +    6,18
              ex C. Blue-veined cheese, not grated or powdered, other than Roquefort                +    4,14
                 D. Processed cheese, not grated or powdered, of a fat content, by
                     weight :
                     I. Not exceeding 36 % and of a fat content, by weight, in the dry
                         matter :
                         ex a) Not exceeding 48 % and of a dry matter content, by
                                weight :
                                (1 ) Of 27 % or more but less than 33 %                             +    2,30
                                (2) Of 33 % or more but less than 38 %                              +    1,85
                                (3) Of 38 % or more but less than 43 % and of a fat
                                       content, by weight, in the dry matter :
                                      (aa) Less than 20 %                                           -1-  1,85
                                       (bb) Of 20 % or more                                          +   2,46
                                (4) Of 43 % or more and of a fat content, by weight, in
                                       the dry matter :
                                       (aa) Less than 20 %                                           +    1,85
                                       (bb) Of 20 % or more but less than 40 %                       +   2,46
                                       (cc) Of 40 % or more                                          -1-  3,50
                         ex b) Exceeding 48 % and of a dry matter content, by weight :
                                (1 ) Of 33 % or more but less than 38 %                              +    1,85
                                 (2) Of 38 % or more but less than 43 %                              +    2,46
                                 (3) Of 43 % or more but less than 46 %                              +    3,50
                                 (4) Of 46 % or more and of a fat content, by weight, in
                                        the dry matter :                                  \
                                        (aa) Less than 55 %                                          +    3,50
                                        (bb) Of '55 % or more                                         +   4,11
                     II. Exceeding 36 %                                                               +   4,11
                  E. Other :
                      I. Not grated or powdered, of a fat content, by weight, not exceed­
                          ing 40 % and a water content, calculated by weight, of the non­
                          fatty matter :
                          ex a) Not exceeding 47 % :
                                  (1 ) Grana Padano, Parmigiano Reggiano                              +    9,15
                                  (2) Fiore Sardo and Pecorino manufactured exclusively
                                         from sheep milk                                              +    9,15
 ---pagebreak--- 27. 5. 85              Official Journal of the European Communities                                    No L 139/ 15
         CCT
                                                                                         Amount of adjustment
       heading                            Description                                   ECU/ 100 kg net weight
          No
                                                                                      (unless otherwise indicated)
   04.04              (3) Other (excluding cheeses produced from whey), of a fat
   (cont'd)                content, by weight, in the dry matter of 30 % or more                +   9,15
                   b) Exceeding 47 % but not exceeding 72 % :
                      ex 1 . Cheddar of a fat content, by weight, in the dry
                               matter of 48 % or more                                           +   4,84
                      ex 2. Other, of a fat content, by weight, in the dry
                               matter (6) :
                               (aa) Less than 5 % and of a content, by weight, in
                                    the dry matter of 32 % or more (excluding
                                    cheeses produced from whey)                                 + 10,01
                               (bb) Of 5 % or more but less than 19 % and of a
                                    content, by weight, in the dry matter of 32 %
                                    or more (excluding cheeses produced from
                                    whey)                                                       +   8,98
                              (cc) Of 19 % or more but less than 39 % and of a
                                    water content, calculated by weight, of the
                                    non-fatty matter not exceeding 62 % (exclu­
                                    ding cheeses produced from whey)                           +    7,40
                              (dd) Of 39 % or. more :
                                    (11 ) Asiago, Caciocavallo, Montasio, Provolone,
                                          Ragusano                                             +    4,84
                                    (22) Danbo, Edam, Fontal, Fontina, Fynbo,
                                          Gouda, Havarti, Maribo, Samso, Tilsit                +    5,44
                                    (33) Butterkase, Esrom, Italico, Kernhem,
                                          Saint-Nectaire, Saint-Paulin, Taleggio               +    4,70
                                    (44) Cantal, Cheshire, Wensleydale, Lanca­
                                          shire, Double Gloucester, Blarney                    +    4,53
                                    (55) Salted ricotta, of a fat content, by weight,
                                          of 30 % or more                                      — 2,33
                                    (66) Feta                                                  +    4,07
  \                                 (77) Colby, Monterey                                       +    4,53
                                    (88) Kefalotyrri, Kefalograviera and Kasseri
                                          manufactured exclusively from sheep's
                                          and/or goats' milk                                   +    4,84
                                    (99) Other (excluding cheeses produced from
                                          whey), of a water content, calculated by
                                          weight, of the non-fatty matter :
                                          (aaa) Exceeding 47 % but not exceeding
                                                52 %                                            +   4,53
                                          (bbb) Exceeding 52 % but not exceeding
                                                62 %                                            -1- 5,44
               ex c) Exceeding 72 % (excluding cheeses produced from
                      whey) (6) :
                      1 . In immediate packings of a net capacity not exceeding
                          500 grams :
                          (aa) Cottage cheese of a fat content, by weight in the
                                dry matter, not exceeding 25 %                                  4-  3,86
 ---pagebreak--- No L 139/ 16                      Official Journal of the European Communities                                       27. 5. 85
       CCT                                                                                        Amount of adjustment
      heading                                         Description                                ECU/ 100 kg net weight
         No                                                                                    (unless otherwise indicated)
  04.04                                (bb) Cream cheese of a water content, calculated by
  (cont'd)                                   weight, of the non-fatty matter, exceeding 77 %
                                             but not exceeding 82 % and of a fat content, by
                                             weight in the dry matter :
                                             ( 11 ) Of 60 % or more but less than 69 %                   +   0,72
                                             (22) Of 69 % or more                                       — 0,28
                                       (cc) Other                                                           —
                                  2. Other :
                                       (aa) Cottage cheese                                               +   3,86
                                       (bb) Cream cheese of a water content, calculated by
                                             weight of the non-fatty matter, exceeding 77 %
                                             but not exceeding 82 % and of a fat content, by
                                             weight in the dry matter :
                                             (11 ) Of 60 % or more but less than 69 %                    +   0,72
                                             (22) Of 69 % or more                                        — 0,28
                                       (cc) Other                                                           —
                 ex II. Other (excluding cheeses produced from whey) :
                         ex a) Grated or powdered of a fat content, by weight, exceeding
                                  20 % , of a lactose content, by weight, less than 5 % and of
                                  a dry matter content, by weight :
                                  ( 1 ) Of 60 % or more but less than 80 %
                                                                                               l         +   2,71
                                  (2) Of 80 % or more but less than 85 %                                 +   3,61
                                  (3) Of 85 % or more but less than 95 %                                 +   3,84
                                  (4) Of 95 % or more                                                    +   4,29
  23.07       Sweetened forage ; other preparations of a kind used in animal feeding :
              ex B. Other, containing starch, glucose or glucose syrup, maltodextrine or
                    maltodextrine syrup falling within subheadings 17.02 B and 21.07 F
                    II, or milk products, excluding special compound feedingstuffs (J) :
                          I. Containing starch, or glucose or glucose syrup, or maltodex­
                             trine or maltodextrine syrup falling within subheadings 17.02
                             B and 21.07 F II :
                             a) Containing no starch or containing 10 % or less, by
                                 weight, of starch :
                                 (3) Containing 50 % or more but less than 75 % , by
                                        weight, of milk products and a content of milk in
                                        powder or granules (excluding whey), by weight, of :
                                        (aa) Less than 30 %
                                        (bb) 30 % or more but less than 40 %                              + 0,35 (8)
                                        (cc) 40 % 6r more but less than 50 %                              + 0,46 (8)
 ---pagebreak--- 27. 5. 85                   Official Journal of the European Communities                              No L 139/ 17
         CCT                                                                            Amount of adjustment
       heading                             Description                                 ECU/100 kg net weight
          No                                                                         (unless otherwise indicated)
   23.07                      (dd) 50 % or more but less than 60 %                             + 0,58 («)
   (cont'd)                   (ee) 60 % or more but less than 70 %                             + 0,70 (8)
                              (ff) 70 % or more                                                + 0,81 O
                          (4) Containing 75 % or more, by weight, of milk products
                              and a content of milk in powder or granules (excluding
                              whey), by weight, of :
                              (aa) Less than 30 %                                                 —
                              (bb) 30 % or more but less than 40 %                             + 0,35 («)
                              (cc) 40 % or more but less than 50 %                             + 0,46 («)
  \                           (dd) 50 % or more but less than 60 %                             + 0,58 (8)
                              (ee) 60 % or more but less than 70 %                             + 0,70 O
  l                           (ff) 70 % or more but less than 75 %                             + 0,810
                              (gg) 75 % or more but less than 80 %                             + 0,87 (g)
                              (hh) 80 % or more                                                + 0,93 O
               ex II. Containing no starch, glucose or glucose syrup, maltodextrine
                      or maltodextrine syrup falling within subheadings 17.02 B
                      and 21.07 F II, and containing 50 % or more milk products,
                      by weight, and with a milk content in powder or granules
                      (excluding whey), by weight, of :
                      (a)  30 %    or more but  less  than 40 %                                +   2,45
                      (b)  40 %    or more but  less  than 50 %                                + 3,26
                      (c)  50 %   or  more but  less  than 60 %                                + 4,08
                      (d)  60 %    or more but  less  than 70 %                                +   4,90
                      (e) 70 %    or  more but  less than  80 %                                +   5,71
  l                   (f)  80 %    or more but  less  than 88 %                                +   6,53
                      (g)  88 %   or  more                                                     +   7,18
 ---pagebreak--- No L 139/ 18                            Official Journal of the European Communities                                      27. 5. 85
(') When the product falling within this subheading is a mixture containing added whey and/or added lactose, no adjustment shall
     be granted.
(2) The weight of the added non-lactic matter and/or added lactose shall not be taken into account for the purpose of calculation
     of the fat content by weight.
     When the product falling within this subheading is a mixture containing added whey and/or added lactose, the added whey
     and/or added lactose shall not be taken into account in the calculation of the amount of adjustment.
(4) The weight of added non-lactic matter and/or added lactose shall not be taken into account for the purpose of calculating the
     fat content, by weight.
     The adjustment per 100 kg of product falling within this subheading shall be equal to the sum of the following components :
     (a) the amount per kilogram shown, multiplied by the weight of the lactic part contained in 1 00 kg of product ; however, where
         whey and/or lactose have been added to the product, the amount per kilogram shown shall be multiplied by the weight of
         lactic part excluding the weight of added whey and/or added lactose, contained in 1 00 kg of product ;
     (b) on or after 1 July 1985, the amount of the adjustment, if any, calculated for the saccharose content in accordance with the
         provisions of Article 15 of Regulation (EEC) No 2384/84 (OJ No L 221 , 18 . 8 . 1984, p. 16).
(*) The adjustment on 100 kg of product falling within this subheading is equal to the sum of the following elements :
     (a) the amount per 100 kg shown ; however, where whey and/or lactose have been added to the product, the amount per 100 kg
          shown shall be :
         — multiplied by the weight of the lactic part other than the added whey and/or added lactose contained in 100 kg of
              product, and then,
         — divided by the weight of the lactic part contained in 1 00 kg of product ;
     (b) on or after 1 July 1985, the amount of the adjustment, if any, calculated for the saccharose content in accordance with the
          provisions of Article 15 of Regulation (EEC) No 2384/84 (OJ No L 221 , 18 . 8 . 1984, p. 16).
 (*) This amount applies to the net weight, minus the weight of the brine.
 (J) 'Special compound feedingstuffs' are compound feedingstuffs, containing skimmed-milk powder and fish meal and/or more
     than 9 g of iron and/or more than 1,2 g of copper in 100 kg of product.
 (8) When the refund for the milk powder or granules (excluding whey) incorporated in this product has been fixed in advance
     before 4 March 1985 and the amount of the aid referred to in Article 4 of Regulation (EEC) No 462/85 (OJ No L 54, 23. 2.
      1985, p. 15) has been recovered, the amount of the adjustment is equal to the amount applicable to the product falling within
      subheading 23,07 ex B II in which the same quantity of milk powder or granules (excluding whey) is incorporated.
  The weight of non-milk fat should be disregarded for the purposes of calculating fat content, by weight.
 ---pagebreak--- 27. 5. 85                            Official Journal of the European Communities                       No L 139/ 19
                                                         ANNEX II
              List of the adjustments mentioned in Article 5 applicable to refunds fixed in advance in
              respect of certain products indicated in Annex A to Regulation (EEC) No 3035/80 and
              specified in Article 1 of Regulaion (EEC) No 804/68 exported in the form of goods included
                                          in the Annex to the latter Regulation
       CCT                                                                                    Amount of adjustment
     heading                                       Description                                    ECU/ 100 kg
        No                                                                                         net weight
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)                                                                          + 8,16
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)              + 4,15
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)                                           + 0,96
ex 04.03             Butter of a fat content, by weight, of 82 % (PG 6)                             — 6,50