CELEX: 31977R1943
Language: en
Date: 1977-08-31 00:00:00
Title: Commission Regulation (EEC) No 1943/77 of 29 August 1977 fixing the rates of the refunds applicable from 1 September 1977 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 8 . 77                              Official Journal of the European Communities                            No L 222/ 5
                                     COMMISSION REGULATION (EEC) No 1943/77
                                                       of 29 August 1977
                fixing the rates of the refunds applicable from 1 September 1977 to certain milk
                  products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                            Treaty which are manufactured under similar
COMMUNITIES,                                                              conditions ;
Having regard to the Treaty establishing the European              (c) the need to ensure equality of competition for the
Economic Community,                                                       industries which use Community products and
                                                                          those which use third-country products under
                                                                          inward processing arrangements ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products (!), as last                Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 559/76 (2), and in                   provides that, when the rate of the refund is being
particular Article 17 (5) thereof,                                  fixed, account should be taken, where necessary, of
                                                                    production refunds, aids or other measures having
                                                                    equivalent effect applicable in all Member States in
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68              accordance with the Regulation on the common
provides that the difference between prices in interna­             organization of the market in the product in question
tional trade for the products listed in Article 1 (a), (b),         to the basic products listed in Annex A to that Regula­
(c) and (e) of that Regulation and prices within the                tion or to assimilated products ;
Community may be covered by an export refund ;
whereas Council Regulation (EEC) No 2682/72 of 12
December 1972 laying down general rules for
granting export refunds on certain agricultural                     Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
products exported in the form of goods not covered                  provides for the payment of aid for Community-pro­
by Annex II to the Treaty, and criteria for fixing the              duced skimmed milk processed into casein if such
                                                                    milk and       the casein   manufactured   from   it fulfil
amount of such refunds (3), as last amended by Regula­
tion (EEC) No 31 38/76 (4), specifies the products for              certain conditions set out in Article 1 of Council Regu­
which a rate of refund should be fixed, to be applied               lation (EEC) No 987/68 of 15 July 1968 laying down
where these products are exported in the form of                    general rules for granting aid for skimmed milk
goods listed in the Annex to Regulation (EEC) No                    processed into casein or caseinates (5), as last amended
804/68 ;                                                            by the Act of Accession (6) ; whereas, pursuant to
                                                                    Article 1 (2) (b) of Regulation (EEC) No 2682/72,
                                                                    skimmed milk thus defined is assimilated to milk
Whereas, in accordance with the first subparagraph of               powder complying with the definition of the pilot
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate            products Group No 2 listed in Annex I to Council
of the refund per 100 kilograms for each of the basic               Regulation (EEC) No 823/68 of 28 June 1968 deter­
products in question must be fixed for each month ;                 mining the groups of products and the special provi­
                                                                    sions for calculating levies on milk and milk
                                                                    products (7), as last amended by Regulation (EEC) No
Whereas, in accordance with paragraph 2 of that                     874/77 (8) ; whereas a rate of refund should be fixed
Article, that rate must be determined with particular               for this milk powder ;
reference to :
(a) the average costs incurred by processing industries             Whereas Article 2 of Commission Regulation (EEC)
     in obtaining supplies of the basic products in ques­           No 756/70 of 24 April 1970 on granting aid for
     tion on the Community market and the prices                    skimmed milk processed into casein or caseinates (9),
     ruling on the world markets ;                                  as last amended by Regulation (EEC) No 745/76 ( 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.
                                                                    (b) 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   67, 15. 3 . 1976, p. 9 .                            (») OJ No L 106, 29 . 4. 1977, p. 20 .
(>) OJ   No L   289, 27. 12. 1972, p . 13 .                         H OJ No L 91 , 25 . 4. 1970, p. 28 .
(<) OJ   No L   354, 24. 12. 1976, p . 1 .                          ( 10) OJ No L 86, 1 . 4. 1976, p. 44.
 ---pagebreak---  No L 222/6                           Official Journal of the European Communities                           31 . 8 . 77
 Whereas Commission Regulation (EEC) No 232/75 of               applicable from 1 September 1977 to the basic
 30 "January 1975 on the sale of butter at reduced              products appearing in Annex A to Regulation (EEC)
 prices for use in the manufacture of pastry products           No 2682/72 and listed in Article 1 of Regulation
 and ice cream ( !), as last amended by Regulation              (EEC) No 804/68, exported in the form of goods listed
 ( EEC) No 1890/77 (2), authorizes the delivery to indus­       in the Annex to Regulation (EEC) No 804/68, are
 tries manufacturing the goods falling within heading           hereby fixed as shown in the Annex to this Regula­
 No 19.08 or subheadings 18.06 B and 21.07 C and 'ice           tion .
 mix' or subheadings 18.06 D and ex 21.07 of the
 Common Customs Tariff, of butter at a reduced price
 under a standing invitation to tender ;                        2. No rates of refund are fixed for any of the
                                                                products referred to in the preceding paragraph which
 Whereas the Management Committee for Milk and                  are not listed in the Annex to this Regulation.
 Milk Products has not delivered an opinion within the
 time limit set by its chairman,
 HAS ADOPTED THIS REGULATION :
                                                                                       Article 2
                          Article 1
 1 . Subject to the provisions of Article 28 of Regula­         This Regulation shall enter into force on 1 September
 tion (EEC) No 1519/72 (3), the rates of the refunds            1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 August 1977.
                                                                         For the Commission
                                                                          fitienne DAVIGNON
                                                                       Member of the Commission
(<) OJ No L 24, 31 . 1 . 1975, p. 45.
(2) OJ No L 212, 20. 8. 1977, p. 9.
(3) OJ No L 162, 18 . 7. 1972, p. 1 .
 ---pagebreak--- 31 . 8 . 77                     Official Journal of the European Communities                             No L 222/7
                                                        ANNEX
            to the Commission Regulation of 29 August 1977 fixing the rates of the refunds applicable
            from 1 September 1977 to certain milk products exported in the form of goods not covered
                                                by Annex II to the Treaty
                                                                                           (u.a.flOO kg)
                 CCT
                heading                                                                     Rate of
                                                    Description of goods                    refund
                  No
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of less than 1*5% by weight and with a
                             water content of less than 5 % by weight (PG 2) :
                             a) On exportation of goods of CCT heading No 35.01                —
                            b) On exportation of other goods                                64-85
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of 26% by weight and a water content of
                             less than 5 % by weight (PG 3)                                  90-67
            ex 04.02 A III   Concentrated milk, with a fat content by weight of 7-5 °/o
                             and a content by weight in dry matter equal to 25 %
                             (PG 4)                                                          19-39
            ex 04.03         Butter, with a fat content by weight of 82 °/o (PG 6) :
                             a) On exportation of goods of CCT heading No 19.08 or
                                 of subheadings 18.0'6 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 subheading
                                 21.07 F VIII a) with a content of non-milk fats of
                                 more than 20 °/o                                          166-90
                             c) On exportation of other goods                              159-75