CELEX: 31979R2822
Language: en
Date: 1979-12-15 00:00:00
Title: Commission Regulation (EEC) No 2822/79 of 14 December 1979 fixing the export refunds on milk and milk products

No L 320/20                           Official Journal of the European Communities                           15 . 12. 79
                                   COMMISSION REGULATION (EEC) No 2822/79
                                                    of 14 December 1979
                                fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN                                   — the need to avoid disturbances on the Community
 COMMUNITIES,                                                         market : and
 Having regard to the Treaty establishing the European           — the economic aspect of the proposed exports ;
 Economic Community,
                                                                 Whereas Article 3 ( 1 ) of Regulation (EEC) No 876/68
 Having regard to Council Regulation (EEC) No                    provides that when prices within the Community are
 804/68 of 27 June 1968 on the common organization               being determined account should be taken of the
of the market in milk and milk products (!), as last             ruling prices which are most favourable for exporta­
amended by Regulation (EEC) No 1761 /78 (2), and in              tion, and that when prices in international trade are
 particular Article 17 (4) thereof,                              being determined particular account should be taken
                                                                 of :
 Having regard to the opinion of the Monetary
 Committee,                                                      (a) prices ruling on third country markets ;
Whereas Article 17 of Regulation (EEC) No 804/68                 (b) the most favourable prices in third countries of
provides that the difference between prices in interna­               destination for third country imports ;
tional trade for the products listed in Article 1 of that
Regulation and prices for those products within the
Community may be covered by an export refund ;                   (c) producer prices recorded in exporting third coun­
                                                                      tries, account being taken, where appropriate, of
                                                                      subsidies granted by those countries ; and
Whereas Council Regulation (EEC) No 876/68 of 28
June 1968 laying down general rules for granting                 (d) free-at-Community-frontier offer prices ;
export refunds on milk and milk products and criteria
for fixing the amount of such refunds (3), as amended
by Regulation (EEC) No 2429/72 (4), provides that
when the refunds on the products listed in Article 1             Whereas Article 4 of Regulation (EEC) No 876/68
of Regulation (EEC) No 804/68 , exported in the                  provides that the world market situation or the
natural state, are being fixed account must be taken             specific requirements of certain markets may make it
of :                                                             necessary to vary the refund on the products listed in
                                                                 Article 1 of Regulation (EEC) No 804/68 according to
                                                                 destination ;
— the existing situation and the future trend with
     regard to prices and availabilities of milk and milk
     products on the Community market and prices for
     milk and milk products in international trade ;             Whereas Article 5 ( 1 ) of Regulation (EEC) No 876/68
                                                                 provides that the list of products on which export
                                                                 refunds are granted and the amount of such refunds
— marketing costs and the most favourable transport              should be fixed at least once every four weeks ;
     charges from Community markets to ports or                  whereas the amount of the refund may, however,
     other points of export in the Community, as well            remain at the same level for more than four weeks :
     as costs incurred in placing the goods on the
     market of the country of destination ;
— the aims of the common organization of the                     Whereas Article 2 of Commission Regulation (EEC)
     market in milk and milk products which are to               No 1098/68 of 27 July 1968 on detailed rules for the
     ensure equilibrium and the natural development              application of export refunds on milk and milk
                                                                 products (5), as last amended by Regulation (EEC) No
     of prices and trade on this market ;
                                                                 37/75 (6), provides that the refund on products falling
0)  OJ  No  L 148, 28 . 6. 1968, p. 13.
                                                                 within subheading 04.02 B is equal to the sum of two
(2) OJ  No  L 204, 28 . 7. 1978, p. 6.
(3) OJ  No  L 155, 3 . 7. 1968, p. 1 .                           (5) OJ No L 184, 29 . 7. 1968, p. 10.
(4  OJ  No  L 264, 23. 11 . 1972, p. 1 .                         0) OJ No L 5, 9 . 1 . 1975, p. 7.
 ---pagebreak--- 15. 12. 79                              Official Journal of the European Communities                         No L 320/21
components, the first representing the quantity of                use as feed in the country of destination were laid
milk products and the second representing the quan­               down in Regulation (EEC) No 2054/76 (3), as last
tity of added sucrose ; whereas, however, the latter              amended by Regulation (EEC) No 2949/78 (4) ;
component applies only if the added sucrose was
                                                                  Whereas the level of refund for cheeses is calculated
produced from beet or cane harvested within the
Community ;                                                       for products     intended      for direct consumption ;
                                                                  whereas the cheese rinds and cheese wastes are not
Whereas for the products falling within subheading                products intended for this purpose ; whereas, to avoid
04.02 B II a) or 04.02 B II b) 1 with a fat content not           any confusion in interpretation, it should be specified
exceeding 9.5 % by weight, the first component                    that there will be no refund for these products which
referred to above is fixed for 100 kilograms of the               fall within heading No 04.04 ;
whole product ; whereas, for the other products falling
within subheading 04.02 B, this component is calcu­               Whereas it follows from applying these detailed rules
lated by multiplying the basic amount by the milk                 to the present situation on the market in milk and
product content of the product in question ; whereas              milk products, and in particular to prices for these
this basic amount is the refund on one kilogram of                products within the Community and on the world
milk products contained in the product ;                          market, that the refund should be as set out in the
                                                                  Annex hereto ;
Whereas the second component is calculated by multi­
plying the sucrose content of the product by the basic            Whereas the measures provided for in this Regulation
amount of the refund valid on the day of exportation              are in accordance with the opinion of the Manage­
for the products listed in Article 1 ( 1 ) (d) of Council         ment Committee for Milk and Milk Products,
Regulation (EEC) No 3330/74 of 19 December 1974
on the common organization of the market in
sugar (J), as last amended by Regulation (EEC) No                 HAS ADOPTED THIS REGULATION :
1396/78 (2) ;
                                                                                            Article 1
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
                                                                   1 . The export refunds referred to in Article 17 of
— in the case of currencies which are maintained in               Regulation (EEC) No 804/68 on products exported in
     relation to each other at any given moment within            the natural state shall be as set out in the Annex
     a band of 2*25 % , a rate of exchange based on               hereto.
     their effective parity ;
                                                                  2. There shall be no refunds for exports to Zone E
— for other currencies, an exchange rate based on the             for products falling within heading Nos 04.01 , 04.02,
     arithmetic mean of the spot market rates of each             04.03 and 23.07 of the Common Customs Tariff.
     of these currencies recorded for a given period in
     relation to the Community currencies referred to
     in the previous indent ;                                                               Article 2
Whereas the special conditions concerning the                     This Regulation shall enter into force on 1 January
payment of the refund for skimmed-milk powder for                  1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 14 December 1979 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 359, 31 . 12. 1974, p. 1 .                            (3) OJ No L 228 , 20 . 8 . 1976, p. 17 .
 (J) OJ No L 170, 27 . 6. 1978 , p. 1 .                           (<) OJ No L 351 , 15 . 12. 1978 , p . 26 .
 ---pagebreak--- No L 320/22                           Official Journal of the European Communities                    15 . 12. 79
                                                               ANNEX
            to the Commission Regulation of 14 December 1979 fixing the export refunds on milk and
                                                           milk products
                                                                                                        Refund
    CCT                                                                                            (in ECU/100 kg
  heading                                          Description                               Code      net weight
    No                                                                                             unles* otherwise
                                                                                                       indicated)
04.01     Milk and cream, fresh, not concentrated or sweetened :
          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      0110 00
                                                                                                   I       5.96
                     b) Other                                                              0120 00         —
                 II. Others :
                      a) In immediate packings of a net capacity of two litres or less and
                         of a fat content, by weight :
                        1 . Not exceeding 4 % :
                            (aa) Of a fat content, by weight, not exceeding 1.5 %          0130 10
\                                 for exports to :                                         l
                                  — Armed forces as specified in Article 3 of Regulation
                                      (EEC) No 192/75                                                      1.78
                                  — Other destinations                                                     1 56
                            (bb) Of a fat content, by weight, exceeding 1.5 % but not
                                  exceeding 3 %                                            0130 22
                                  for exports to :
                                  — Countries near the Community                                           5.15
                                  — Other destinations                                                     6.38
                            (cc) Of a fat content, by weight, exceeding 3 %                0130 31 \
                                  for exports to :
                                  — Countries near the Community                                           7.29
                                  — Other destinations                                                     9.24
                         2. Exceeding 4 %                                                  014000
                            for exports to :
                            — Countries near the Community                                                 7.87
                            — Other destinations                                                          10-75
 ---pagebreak--- 15 . 12. 79                             Official Journal of the European Communities                     •No L 320/23
                                                                                                               Refund
    CCT                                                                                                   (in ECU/100 kg
  heading                                             Description                                 Code       net weight
     No                                                                                                   unless otherwise
                                                                                                              indicated)
04.01                 b) Other, of a fat content, by weight :
(cont'd)
                           1. Not exceeding 4 % :
                               (aa) Of a fat content, by weight, not exceeding 1.5 %            0150 10           1.56
                               (bb) Of a fat content, by weight, exceeding 1.5 % but not
                                     exceeding 3 %                                              0150 21           5.32
                               (cc) Of a fat content, by weight, exceeding 3 %                  0150 31
                                     for exports to :
                                     — Armed forces as specified in Article 3 of Regulation
                                         (EEC) No 192/75                                                          7.29
                                      — Other destinations                                                        6-46
                           2. Exceeding 4 %                                                     0160 00
                                for exports to :
                                — Armed forces as specified in Article 3 of Regulation (EEC)
                                    No 192/75                                                                     7.87
                                — Other destinations                                                              7.00
            ex B. Other, excluding whey, of a fat content, by weight (*) :
                   ex I. Exceeding 6 % but not exceeding 21 % :
                             (a) Of a fat content, by weight, not exceeding 10 %                0200 05          18.87
                            (b) Of a fat content, by weight, exceeding 10 % but not exceeding
                                  17%                                                           0200 11          29.43
                             (c) Of a fat content, by weight, exceeding 17 %                    0200 21          44.51
                        II. Exceeding 21 % but not exceeding 45 % :
                              (a) Of a fat content, by weight, not exceeding 35 °/o             0300 12          53.13
                              (b) Of a fat content, by weight, exceeding 35 % but not exceeding
                                   39 %                                                         0300 13          85.29
                             (c) Of a fat content, by weight, exceeding 39 °/o                  0300 20          91.91
                       III. More than 45 % :
                              (a) Of a fat content, by weight, not exceeding 68 %                0400 11        104.83
                             (b) Of a fat content, by weight, exceeding 68 % but not exceeding
                                  80%                                                            0400 22        154.39
                             (c) Of a fat content, by weight, exceeding 80 %                     0400 30        180.81
 04.02      Milk and cream, preserved, concentrated or sweetened :
            A. Not containing added sugar (l) :
                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 %                                                   0620 00         63.00
 ---pagebreak--- No L 320/24                   Official Journal of the European Communities                         15 . 12. 79
                                                                                                      Refund
   CCT                                                                                           (in ECU/100 kg
  heading                                  Description                                    Code      net weight
    No                                                                                           unless ohterwise
                                                                                                     indicated)
04.02         2. Exceeding 1.5 % but not exceeding 27 % :
(cont'd)
                   (aa) Of a fat content, by weight, not exceeding 11 %                 0720 00         63.00
                   (bb) Of a fat content, by weight, exceeding 11 % but not exceeding
                         17%                                                            0720 20          85.65
                   (cc) Of a fat content, by weight, exceeding 17 % but not exceeding
                         25%                                                            0720 30         94.71
                   (dd) Of a fat content, by weight, exceeding 25 %                     0720 40       106.31
               3 . Exceeding 27 % but not exceeding 29 %                                0820 00       109.07
              4. Exceeding 29 % :
                   (aa) Of a fat content, by weight, not exceeding 41 %                 0920 10        1 11 -94
                   (bb) Of a fat content, by weight, exceeding 41 % but not exceeding
                         45 %                                                           0920 30        126.49
                   (cc) Of a fat content, by weight, exceeding 45 % but not exceeding
                         59%                                                            0920 40        131.53
                   (dd) Of a fat content, by weight, exceeding 59 % but not exceeding
                         69%                                                            0920 50        149.06
                   (ee) Of a fat content, by weight, exceeding 69 % but not exceeding
                         79 %                                                           0920 60        161.67
                   (ff) Of a fat content, by weight, exceeding 79%                      0920 70        174.28
            b) Other, excluding products containing fish meal or fish oil or fish liver
              oil and iron carbonate or sulphate, of a fat weight content (3) :
               1 . Not exceeding 1.5 %                                                  1020 00          63.00
              2. Exceeding 1.5 % but not exceeding 27 % :
                   (aa) Of a fat content, by weight, not exceeding 11 %                 1120 10          63.00
                   (bb) Of a fat content, by weight, exceeding 11 % but not exceeding
                         17 %                                                           1120 20          85-65
                   (cc) Of a fat content, by weight, exceeding 17 % but not exceeding
                         25%                                                            1120 30          94.71
                   (dd) Of a fat content, by weight, exceeding 25 %                     1120 40        106.31,
               3 . Exceeding 27 % but not exceeding 29 %                                1220 00        109.07
               4. Exceeding 29 % :
                   (aa) Of a fat content, by weight, not exceeding 41 %                 1320 10        111.94
                    (bb) Of a fat content, by weight, exceeding 41 % but not exceeding
                                                                                        1320 30        126.49
                    (cc) Of a fat content, by weight, exceeding 45 % but not exceeding
                         59%                                                            1320 40        131.53
                    (dd) Of a fat content, by weight, exceeding 59 % but not exceeding
                         69%                                                            1320 50        149.06
                    (ee) Of a fat content, by weight, exceeding 69 % but not exceeding
                         79 %                                                            1320 60       161,-67
                    (ff) Of a fat content, by weight, exceeding 79 %                    1320 70        174.28
 ---pagebreak--- 15 . 12. 79                                  Official Journal of the European Communities                  No L 320/25
                                                                                                                 Ref ind
    CCT                                                                                                    (in ECU/100 kg
  heading                                                Description                                Code      net v 'eight
     No                                                                                                    unless i therwise
                                                                                                               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 non-fat
                      content by weight not exceeding 11 % :
                       1 . Of a fat content, by weight, not exceeding 8.9 % and of a lactic dry
                           matter content :
                            (aa) Of less than 15 % and of a fat content :
                                   (11) Not exceeding 3 %, by weight                              1420 12          —
                                   (22) Exceeding 3 %>, by weight                                 1420 22
                                            For exports to :
\                                           — Countries near the Community                                          7.29
                                            — Other destinations                                                    9.24
                            (bb) Of 15 % or more and of a fat content :
                                   (11) Not exceeding 3 '/•, by weight                            1420 50           —
\                                   (22) Exceeding 3 °/», by weight, but not exceeding 7-4 %      1420 60          18.15
I                     \            (33) Exceeding 7.4 %                                           1420 70          24.37
                        2. Other, of a non fat lactic dry matter content :
                             (aa) Of less than 15 °/t, by weight                                  1520 10          18.88
                             (bb) Of 15 •/» or more, by weight                                    1520 20          28-91
                    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 15 °/o and of a fat content :
                                    (11) Not exceeding 3 °/», by weight                           1620 70           —
                                    (22)    Exceeding 3 %>, by weight, but not exceeding 8.9 °/«  1630 00           7.29
                                     (33)   Exceeding 8.9 %>, by weight, but not exceeding 11 %   1630 10          18.88
\                                    (44)   Exceeding 11 °/o, by weight, but not exceeding 21 %'  1630 20          30.45
                                     (55)   Exceeding 21 °/«, by weight, but not exceeding 39 °/o 1630 30          53.13
I                                   (66) Exceeding 39 °/o                                         1630 40          91.91
                             (bb) Of 15 % or more and of a fat content :
                                     ( 11 ) Not exceeding 3 °/o, by weight                         1630 50          —
                                     (22) Exceeding 3 %>, by \veight, but not exceeding 7.4 °/o    1630 60         18.15
\                                    (33) Exceeding 7*4 °/«, by weight, but not exceeding 8.9 %    1630 70         24.37
                                     (44) Exceeding 8*9 %                                          1630 80         28.91
                        2. Exceeding 45 •/•                                                        1720 00        104.83
            B. Containing added sugar :
                I. Milk and cream, in powder or granules :
                   ex b) Other, excluding whey :
I                            1 . In immediate packings of a net capacity of 2.5 kilograms or less
                                 and of a fat content, by weight :
                                 aa) Not exceeding 1.5 %                                           2220 00      0.6300 (4)
                                                                                                                   K* fa
 ---pagebreak--- No L 320/26                          Official Journal of the European Communities                       15 . 12. 79
                                                                                                           Refund
    car                                                                                              (in ECU/100 kg
  heading                                       Description                                    Code      net weight
    No                                                                                               unless otherwise
                                                                                                         indicated)
04.02                   bb) Exceeding 1.5 % but not exceeding 27 % :
(cont'd)
                             (11) Of a fat content, by weight, not exceeding 11 %            2320 10    0.6300 (4)
                                                                                                           P« kg
                             (22) Of a fat content, by weight, exceeding 11 % but not
                                    exceeding 17 %                                           2320 20    0.8565 ( 4)
                                                                                                           per kg
                             (33 ) Of a fat content, by weight, exceeding 17 % but not
                                    exceeding 25 %                                           2320 30    0.9471. (4)
                                                                                                           per kg
                             (44) Of a fat content, by weight, exceeding 25 %                2320 40    1.0631 (*)
                                                                                                           per kg
                        cc) Exceeding 27 % :
                             ( 11) Of a fat content, by weight, not exceeding 41 %           2420 10    1.0907 (4)
                                                                                                           per kg
                             (22) Of a fat content, by weight, exceeding 41 %                2420 20    1.2649' (4)
                                                                                                           per kg
                     2. Other, of a fat content, by weight :
                        aa) Not exceeding 1.5 %                                              2520 00    0.6300 (4)
                                                                                                           per kg
                        bb) Exceeding 1.5 % but not exceeding 27 % :
                             (11) Of a fat content, by weight, not exceeding 11 %            2620 10    0.6300 (4 )
                                                                                                           per kg
                             (22) Of a fat content, by weight, exceeding 11 % but not
                                    exceeding 17 %                                           2620 20    0.8565 (4)
                                                                                                           per kg
                             (33) Of a fat content, by weight, exceeding 17 % but not
                                    exceeding 25 %                                           2620 30    0.9471. (4)
                                                                                                           per kg
                             (44) Of a fat content, by weight, exceeding 25 %                2620 40    1.0631 (4)
                                                                                                           per kg
                        cc) Exceeding 27 % :
                             ( 11 ) Of a fat content, by weight, not exceeding 41 %          2720 10    1.0907 (4)
                                                                                                           per kg
                             (22) Of a rat content, by weight, exceeding 41 %                2720 20    1.2646* (4 )
                                                                                                           per kg
            ex II. Milk and cream, excluding whey other than in powder or 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 °/o :
                         (1 ) Of a fat content, by weight, not exceeding 6-9 % and of a
                                non fat lactic dry matter content :
                               (aa) Of less than 15 % and of a fat content :
l
                                     (11) Not exceeding 3 % , by weight                      2810 11
                                                                                                         -per(4Lkg
                                     (22) Exceeding 3 % , by weight                          2810 12
                                          for exports to :
                                          — Countries near the Community                                0.0729 (*)
                                                                                                           per kg
                                          — Other destinations                                          0.0924 (*)
                                                                                                           per kg
                               (bb) Of 15 % or more                                          2810 15      17.43 (*)
                         (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 2810 20      29.92 (»)
 ---pagebreak---  15 . 12. 79                               Official Journal of the European Communities                       No L 320/27
                                                                                                                    Refund
     CCT                                                                                                      (in ECU/100 kg
   heading                                             Description                                      Code      net weight
     No                                                                                                       unless otherwise
                                                                                                                  indicated)
 04.02                        b) Other, of a fat content, by weight :
(cont'd)
                                 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 15 % or more                                         2910 70      17.43 (5)
                                        (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                     2910 76      29.92 (5)
                                        (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 15 %                     2910 80    0.3045' (4
                                                                                                                    per kg
                                        (dd) Of a fat content, by weight, exceeding 21 % but
                                              not exceeding 39 %                                     2910 85    0.5313' (4)
                                                                                                                    per kg
                                        (ee) Of a fat content, by weight, exceeding 39 %             2910 90    0.9191 (*)
                                                                                                                    per kg
                                    2. Exceeding 45 %                                                3010 00     1.0483' (')
                                                                                                                    per kg
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 %          3110 05       142.15
                      (II) Of a fat content, by weight, of 78 % or more but less than 80 %           3110 16       178.83
                    (III)  Of a fat content, by weight, of 80 % or more but less than 82 %           3110 22       183.41
                   (IV)    Of a fat content, by weight, of 82 % or more                              3110 32       188.00
               B. Other, of a fat content, by weight :
                     (I) Not exceeding 99-5 %                                                        3210 10       188.00
                   (II) Exceeding 99-5 %                                                             3210 20      243.78
04.04       Cheese and curd (6) :
            ex A. Emmentaler and Gruyére, not grated or powdered :
                   II. Other                                                                         3800 00
                         for exports to :
                         — Zone B                                                                                 129.54
                         — Zone D                                                                                   15.43
                         — Zone E                                                                                   40-02
                         — Canada                                                                                 101.03
                         — Liechtenstein and Switzerland
                         — Austria                                                                                  23.03
                         — Other destinations                                                                     114.54
           ex C. Blue-veined cheese, not grated or powdered, other than Roquefort                    4000 00
                  for exports to :
                  — Austria                                                                                        16.91
                  — Zone D                                                                                         63.81
                  — Zone E                                                                                         44.36
                  — Canada                                                                                         83-32
                  — Other destination*                                                                             94.53
 ---pagebreak---  No L 320/28                          Official Journal of the European Communities                   15 . 12 . 79
                                                                                                        Refund
    CCT                                                                                           (in ECU/100 kg
  heading                                         Description                               Code     net weight
    No                                                                                            unless otherwise
                                                                                                      indicated)
04.04        D. Processed cheese, not grated or powdered :
(cont'dj
               II. Other, of a fat content, by weight :
                   a) Not exceeding 36 % and of a fat content, by weight, in the
                      dry matter :
                      ex 1 . Not exceeding 48 % and of a dry matter content, by weight :
                               (aa) Of 33 % or more but less than 38 %                    4410 10
                                    for exports to :
                                     — Austria                                                            4.47
                                    — Zone D                                                              8.34
                                    — Zone E                                             I               16.43
                                    — Canada                                                            31.13
                                    — Switzerland                                                         6.41
                                    — Other destinations                                                35.31
                             (bb) Of 38 % or more but less than 43 % and of a fat
                                    content, by weight, in the dry matter :
                                    (11 ) Less than 20 %                                  4410 20
                                          for exports to :
                                           — Austria                                                      4.47
                                          — Zone D                                                        8.34
                                          — Zone E                                                      16-43
                                          — Canada                                       l              31.13
                                          — Switzerland                                                  6.41
                                          — Other destinations                                          35.31
II                                  (22) Of 20 % or more                                 4410 30
                                          for exports to :
                                          — Austria                                                    ' 6.60
                                          — Zone D                                       l              12.34
                                          — Zone E                                                      24.29
                                          — Canada                                                     46.06
                                          — Switzerland                                                  9.48
                                          — Other destinations                                         52.22
                             (cc) Of 43 % or more and of a fat content, by weight,
                                   in the dry matter :
                                   ( 11 ) Less than 20 %                                 4410 40
                                          for exports to :
                                          — Austria                                                      4.47
                                          — Zone D                                                       8.34
                                          — Zone E                                                     16.43
                                          — Canada                                                     31.13
                                          — Switzerland                                                  6.41
                                          — Other destinations                                         35-31
 ---pagebreak--- 15 . 12. 79             Official Journal of the European Communities              No L 320/29
                                                                                        Refund
    CCT
  heading
                                                                                  (in ECU/100 kg
                                    Description                             Code     net weight
     No                                                                           unless otherwise
                                                                                      indicated)
04.04                  (22) Of 20 % or more but less than 40 %            4410 50
(cont'd)
                            for exports to :
                             — Austria                                                     6.60
                            — Zone D                                                      12.34
                            — Zone E                                                      24.29
                            — Canada                                                     46.06
                            — Switzerland                                                  9.48
                            — Other destinations                                         52.22
                       (33) Of 40 % or more                               4410 60
                            for exports to :
                             — Austria                                                     9.67
                            — Zone D                                                     ■18.03
                            — Zone E                                                      35.50
                             — Canada                                                     67.36
                             — Switzerland                                                13-83
                             — Other destinations                                         76.31
            ex 2. Exceeding 48 % and of a dry matter content, by weight :
                  (aa) Of 33 % or more but less than 38 %                 4510 10
                       for exports to :
                       — Austria                                                           4.47
                       — Zone D                                                            8.34
                       — Zone E                                                           16.43
                       — Canada                                                          31.13
                       — Switzerland                                                       6.41
                       — Other destinations                                              35.31
                  (bb) Of 38 % or more but less than 43 %                 4510 20
                       for exports to :                                           \
                        — Austria                                                          6.60
                       — Zone D                                                           12.34
                       — Zone E                                                          24.29
                       — Canada                                                          46.06
                       — Switzerland                                                       9.48
                       — Other destinations                                             52.22
                  (cc) Of 43 % or more but less than 46 %                 4510 30
                       for exports to :
                        — Austria                                                          9.67
                       — Zone D                                                          18.03
                       — Zone E                                                         35-50
                       — Canada                                                         67.36
                       — Switzerland                                                    13.83
                       — Other destinations                                             76.31
 ---pagebreak--- No L 320/30                            Official Journal of the European Communities              15 . 12. 79
                                                                                                    Refund
    CCT
  heading                                         Description                           Code  (in ECU/100 kg
     No
                                                                                                 net weight
                                                                                              unless otherwise
                                                                                                  indicated)
04.04                          (dd) Of 46 % or more and of a fat content, by weight,
(cont'd)                            in the dry matter :
                                     (11) Less than 55 %                              4510 40
                                          for exports to :
                                           — Austria                                                  9.67
                                          — Zone D                                                   18.03
                                          — Zone E                                                  35.50
                                          — Canada                                                  67-36
                                          — Switzerland                                             13-83
                                          — Other destinations                                      76.31
                                    (22) Of 55 % or more                              4510 50
                                          for exports to :
                                           — Austria
                                                                                                    11-46
                                          — Zone D
                                                                                                    21.39
                                          — Zone E
                                                                                                    42.11
                                          — Canada                                                  79.92
                                          — Switzerland                                             16-42
                                          — Other destinations                                      90.52
                  b) Exceeding 36 %                                                  4610 00
                     for exports to :
                      — Austria                                                                     11-46
                     — Zone D                                                                       21.39
                     — Zone E                                                                       42-11
                     — Canada                                                                       79.91
                     — Switzerland                                                                  16.42
                     — Other destinations                                                           90.52
            E. Other :
               I. Not grated or powdered, of a fat content, by weight, not exceeding
                  40 % and a water content, calculated by weight, of the non-fatty
                  matter :
I                 ex a) Not exceeding 47 % :
                         ( 1 ) Grana Padano, Parmigiano Reggiano                     4710 11
                               for exports to :
                               — Zone D                                                           146.48
                               — Zone E                                                           133.25
                               — Canada                                                           145.32
                               — Switzerland                                                      110-79
                               — Other destinations                                               146.48
                        (2) Fiore Sardo, Pecorino                                    4710 16
\                              for exports to :
                               — Zone D                                                           156.91
                               — Zone E                                                           111.94
                               — Canada                                                          147.13
                              — Switzerland                                                      121.22
                              — Other destinations                                               156.91
                         (3) Other (excluding cheeses produced from whey), of a fat
                                content, by weight, in the dry matter of 30% or more 4710 22
                               for exports to :
                              — Zone D                                                           146.48
                              — Zone E                                                           110.00
                              — Canada                                                           145.32
                              — Switzerland                                                      110.79
                              — Other destinations                                               146.48
 ---pagebreak---  15 . 12. 79               Official Journal or the European Communities                       No L 320/31
                                                                                                    Refund
     CCT                                                                                      (in ECU/100 kg
   heading                              Description                                     Code      net weight
      No                                                                                      unless otherwise
                                                                                                  indicated)
04.04
(cont'd)     b) Exceeding 47 % but not exceeding 72 % :
                   1 . Cheddar :
                        ex dd) Other, of a fat content, by weight, in the dry
                                  matter of 48 % or more                              4850 00
                                  for exports to :
                                 — Austria                                                           16.02
                                 — Zone D                                                           25.22
                                 — Zone E                                                            49.64
                                  — Canada                                                           62.14
                                 — Switzerland                                                       19.34
                                 — Other destinations                                              106.70
               ex 5. Other, of a fat content, by weight, in the dry matter :
                        (aa) Less than 5 % and of a content, by weight, in the
                              dry matter of 32 % or more (excluding cheeses pro­
                              duced from whey)                                       5120 12
                              for exports to :
                              —   Austria                                                             7.62
                              —   Zone D                                                            14.25
                              —   Zone E                                                            28.23
                              —   Canada                                                            39.86
                              —   Switzerland                                                         4.82
                              — Other destinations                                                  41.71
                       (bb) Of 5 % or more but less than 19 % and of a content,
                             by weight, in the dry matter of 32 % or more (exclu­
                              ding cheeses produced from whey)                       5120 16
                             for exports to :
                             —    Austria                                                             8.84
                             —   Zone D                                                             16.52
                             —   Zone E                                                            32-66
                             —   Canada                                                            60.91
                             —   Switzerland                                                         5.32
                             — Other destinations                                                  68.86
                      (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 %> (excluding cheeses produced
                             from whey)                                             5120 22
                             for exports to :
                             —   Austria                                                           10.65
                            —    Zone D                                                            19.88
                            —    Zone E                                                            39.21
                            —    Canada                                                            73.76
                            —    Switzerland                                                         5-72
                            — Other destinations                                                   83.48
                      (dd) Of 39 % or more :
                            (11) Asiago, Caciocavallo, Provolone, Ragusano          5120 31
                                   for exports to :
                                   — Zone D                                                      141.10
                                   — Zone E                                                      134-42
                                   — Canada                                                      134.85
                                   — Switzerland                                                  42.66
                                   — Other destinations                                          145.22
 ---pagebreak--- No >L 320/32 Official Journal of the European Communities                         15 . 12. 79
                                                                                    Refund
    OCT                                                                        (in ECU/100 kg
  heading                 Description                                   Code       net weight
     No                                                                        unless ohterwise
                                                                                   indicated)
04.04           (22) Danbo, Edam, Fontal, Fontina, Fynbo, Gouda,
(cont'd)              Havarti, Maribo, Samsø, Tilsit                  5120 44
                      for exports to :
                      — Austria                                                       24.76
                      — Zone D                                                        34.81
                      — Zone E                                                        41.83
                      — Canada                                                        86.00
                      — Switzerland                                                    4.19
                      — Other destinations                                           97.38
\               (33) Butterkase, Esrom, Italico, Kernhem, Saint-Nec­
                      taire, Saint-Paulin, Taleggio                   512054
                      for exports to :
                      — Austria                                                       42.29
                      — Zone D                                                        34.81
                      — Zone E                                                        36-16
                      — Canada                                                        76.54
                      — Switzerland                                   \                4-1-9
                      — Other destinations                                            84.28
                (44) Cantal, Cheshire, Wensleydale, Lancashire, Dou­
                     ble Gloucester                                   512058
                      for exports to :
                      — Austria                                                       16.02
                      — Zone D                                                        25.22
                      — Zone E                                                        46.42
                      — Canada                                                        88.08
                      — Switzerland                                                   19.34
                      — Other destinations                                            99.91
                 (55) Salted ricotta, of a fat content, by weight, of
                      30 % or more                                     5120 59
                      for exports to :
                      — Zone E                                                        21-71
                      — Canada                                                        37.09
                      — Other destinations                                            44.38
                (66) Feta                                              5120 82
                      for exports to :
                      — Zone D                                                        15.18   (T)
                      — Zone E                                                        36.94   (7)
                      — Canada                                                        72-34   (T)
                      — Switzerland                                                   14-51   (T)
                      — Jordan, Iraq, Iran, the Arabian Peninsula and
                          Mediterranean countries except Zone D                       90.00 (7)
                      — Other destinations                                            79-01 (*)
                (77) Colby, Monterey                                  5120 83
                      for exports to :
                      — Austria                                                       16.02
                      — Zone D                                                        25.22
                      — Zone E                                                        46-42
                      — Canada                                                        88.08
                      — Switzerland                                   I               19.34
                      — Other destinations                                            99.91
 ---pagebreak---  15 . 12. 79                          Official Journal of the European Communities                       No L 320/33
                                                                                                               Refund
     CCT
   heading                                                                                               (in ECU/100 kg
                                                   Description                                     Code     net weight
      No
                                                                                                         unless otherwise
                                                                                                             indicated)
04.04                                     (88) Other (excluding cheeses produced from whey),
(cont'd)                                       of a water content, calculated by weight, of the
                                                non-fatty matter :
                                                (aaa) Exceeding 47 % but not exceeding 52 %      5120 87
                                                      for exports to :
                                                      — Zone D                                                  25.22
                                                      — Switzerland                                             18.13
                                                      — Zone E                                                  49.64
                                                      — Canada                                  \             102.05
                                                      — Other destinations                                    107.00
                                               (bbb) Exceeding 52 % but not exceeding 62 %       512092
                                                      for exports to :
                                                      — Austria                                                 24.76
\                                                     — Zone D                                                  34-81
                                                      — Zone E                                                  41-83
                                                      — Canada                                                  86.00
                                                      — Switzerland                                              4-19
l                                                     — Other destinations                                      97.38
                       c) Exceeding 72 % :
                          1. In immediate packings of a net capacity not exceeding
                              500 grams :
                              (a) Cottage cheese                                                 5120 95
                                    for exports to :
                                    — Armed forces as specified in Article 3 of Regulation               l
                                        (EEC) No 192/75                                                         22.56
                                    — Other destinations                                                         —
                              (b) Cream cheese of a fat content, by weight, in the dry
                                    matter, not exceeding 70 %                                  5120 98
                                    for exports to :
                                    — Armed forces as specified in Article 3 of Regulation
                                        (EEC) No 192/75                                         I              63.41
                                    — Other destinations                                                         —
I            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 :                                         l
                           (1) Of 60 % or more but less than 80 °/o                             5310 05
                                 for exports to :
                                 — Zone E                                                                      25-63
                                 — Canada                                                                      42.63
                                — Other destinations                                                           55.10
                          (2) Of 80 °/o or more but less than 85 %                              531011
                                  for exports to :
                                  — Zone E                                                                    34.17
                                  — Canada                                                                     56.84
                                  — Other destinations                                                         73 -47
                          (3) Of 85 °/o or more but less than 95 %                              5310 22
                                  for exports to :
                                 — Zone E                                                                     36-32
                                 — Canada                                                                     66-95
                               ' — Other destination*                                                         92-45
 ---pagebreak---  No L 320/34                           Official Journal of the European Communities                      15 . 12. 79
                                                                                                            Refund
    CCT
   heading                                                                                            (in ECU/100 kg
     No
                                                      Description                               Code     net weight
                                                                                                      unless otherwise
                                                                                                          indicated)
04.04
                                (4) Of 95 % or more                                           5310 31
(cont'd)
                                     for exports to :
                                     — Zone E                                                                40.59
                                     — Canada                                                                75.68
                                     — Other destinations                                                  107.43
23.07
           Sweetened forage ; other preparations of a kind used in animal feeding :
           ex B. Other, containing starch, glucose or glucose syrup falling within sub­
                  headings 17.02 B and 21.07 F II, or milk products, excluding special
                  compound feedingstuffs (8) :
                  I. Containing starch, or glucose or glucose syrup :
                      a) Containing no starch or containing 10 % or less, by weight, of
                         starch :
                          (3) Containing 50% or mote but less than 75%, by weight, of
                               milk products of which content of milk in powder or granules
                                (excluding whey), by weight. is :
                             (aa) Less than 30 %                                             5700 13         —
\                            (bb) 30 % or more but less than 40 %                            570023         20-16
                             (cc) 40 % or more but less than 50 %                            5700 33       26.46
                             (dd) 50 % or more but less than 60 %                            570042         32.76
\                            (ee) 60 % or more but less than 70 %                            5700 52        39.06
                             (ff) 70 % or more                                               5700 62       45.36
                        (4) Containing 75% or more, by weight, of milk products, of
                             which content of milk in powder or granules (excluding whey),
                             by weight, is :
l                           (aa) Less than 30 %                                             5800 13          —
                            (bb) 30 % or more but less than 40 %                            5800 23        20.16
                            (cc) 40 % or more but less than 50 %                            580032         26.46
                            (dd) 50 % or more but less than 60 %                            5800 42        32.76
                            (ee) 60 % or more but less than 70 %                            5800 52        39.06
                            (ff) 70 % or more but less than 75 %                            5800 62        45L36
                            (gg) 75 % or more but less than 80 %                            5800 72        48.51
                            (hh) 80 % or more                                               5800 82        51.66
               (II) Containing no starch, glucose or glucose syrup, but containing milk
                     products of which content of milk in powder or granules (excluding
                     whey), by weight, is :
                     (a)  50 % or more but less than 60 %                                   5900 12        32.76
                     (b)  60 % or more but less than 70 %                                   5900 22        39.06
                     (c)  70 % or more but less than 80 %                                   5900 32       45.36
                     (d)  80 °/« or more                                                    5900 42       51.66
 ---pagebreak--- 15 . 12. 79                                        Official Journal of the European Communities                                                            No L 320/35
(>) When the product falling within this subheading is a mixture containing added whey and/or added lactose, no export refund shall be granted.
    When completing customs formalities, the applicant shall state on the declaration provided for this purpose, whether or not whey and/or lactose have been added to the
    product.
(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 refund.
    When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
    — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
        and, in particular,
    — the lactose content of the added whey.
(3) Products falling within subheading 04.02 A II b) and denatured in accordance with Annex III to Regulation (EEC) No 2054/76 are also included.
(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 refund 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 100 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
         100 kg of product ;
    (b) a component calculated in accordance with the provisions of Article 2 (3) of Regulation (EEC) No 1098/68 .
    When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
    — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
        and, in particular,
    — the lactose content of the added whey.
(5) The refund 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 100 kg of product ;
    (b) a component calculated in accordance with the provisions of Article 2 (3) of Regulation (EEC) No 1098/68.
    When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
    — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
        and, in particular,
    — the lactose content of the added whey.
(') No refund shall be applicable to cheese rinds and cheese wastes falling within heading No 04.04 of the Common Customs Tariff. Products unfit as such for human
    consumption shall be regarded as cheese wastes.
C) This amount applies to the net weight, minus the weight of the brine.
(•) 'Special compound feedingstuffs' are feedingstuffs containing skimmed-milk powder and either fish meal of fish oil and/or fish liver oil and/or more than 6 g of iron (as
    ferrous sulphate) and/or more than 1-2 g of copper (as copper sulphate) in 100 kg of product.
 N.B. : — For the purposes of this Regulation 'countries near the Community' means : Zone D, Andorra, Austria, Liechtenstein, Switzerland, Yugoslavia plus the destinations
            indicated in Article 3 of Regulation (EEC) No 192/75.
        — Zones A, B, C, D and E are those defined in Regulation (EEC) No 1098/68, as last amended by Regulation (EEC) No 37/75.
        — 'Countries of the Arabian Peninsula' are to be understood in die sense of this Regulation as the following countries situated in the Arabian Peninsula and the territo­
            ries there connected : Saudi Arabia, Bahrain, Qatar, Kuwait, Sultanate of Oman, Union of Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qawain,
            Fujairah, Ras al Khaimah), Yemen Arab Republic (Yemen North) and People's Democratic Republic of Yemen (Yemen South).
The weight of non-milk fat should be disregarded for the purposes of calculating fat content, by weight.