CELEX: 31981R1609
Language: en
Date: 1981-06-18 00:00:00
Title: Commission Regulation (EEC) No 1609/81 of 16 June 1981 fixing the adjustment to be made to certain refunds fixed in advance for milk and milk products

18 . 6 . 81                                Official Journal of the European Communities                            No L 161 / 1
                                                 (Acts whose publication is obligatory)
                                       COMMISSION REGULATION (EEC) No 1609/81
                                                           of 16 June 1981
              fixing the adjustment to be made to certain refunds fixed in advance for milk and milk
                                                               products
THE COMMISSION OF THE EUROPEAN                                         Whereas provision should be made, however, for a
COMMUNITIES,                                                           less-restricted adjustment to refunds fixed in advance
                                                                       in respect of exports made in connexion with an
Having regard to the Treaty establishing the                           invitation to tender issued in an importing non­
European Economic Community,                                           member country or by armed forces stationed in the
                                                                       territory of a Member State but not coming under its
                                                                       flag, since, in the case of such exports, the certificate
Having regard to Council Regulation (EEC)                              has a long period of validity;
No 804 /68 of 27 June 1968 on the common organi­
zation of the market in milk and milk products (')> as
last amended by the Act of Accession of Greece, and                    Whereas, so that refunds fixed in advance from
in particular Article 17 (4) thereof,                                  1 April 1981 on account of certain speculative
                                                                       movements are prevented from qualifying for an
                                                                       adjustment,' the adjustment must be restricted to cases
Whereas, under the third subparagraph of Article 5                     where application for the export licence was lodged
(3) of Council Regulation (EEC) No 876 /68 of 28                       prior to that date ; whereas account must also be
June 1968 laying down general rules for granting                       taken, on a standard basis, of the date of production
export refunds on milk and milk products and criteria                  of the different milk products ;
for fixing the amount of such refunds (2), as last
amended by Regulation (EEC) No 2429/ 72 (J), it is
possible for refunds fixed in advance to be adjusted                  Whereas, under the third subparagraph of Article 5
where there is a change in the intervention prices and                 (2) of Council Regulation (EEC) No 2682/72 of
in certain forms of aid ;                                              12 December 1972 laying down general rules for
                                                                       granting export refunds on certain agricultural
                                                                       products exported in the form of goods not covered
Whereas Council Regulation (EEC) No 851 / 81 (4)                       by Annex II to the Treaty, and the criteria for fixing
fixed the new intervention prices applicable for milk                  the amount of such refunds (5), as last amended by
and milk products for the 1981 /82 milk year;                          Regulation (EEC) No 707/78 (6), refunds fixed in
                                                                       advance for the products specified in the Annex to
Whereas on 18 February 1981 the Commission                             that Regulation are adjusted according to the rules
submitted to the Council its proposals on fixing prices                applicable to the advance fixing of the refund on
for certain agricultural products, announcing that at                  basic products exported unprocessed ; whereas it is
the start of the new marketing year it intended to                     necessary, therefore, to provide that refunds fixed in
adjust the refunds fixed in advance so that the                        advance in respect of the said products may also be
amount of the refund would equal the same pro­                         adjusted accordingly;
portion of the intervention price or an equivalent
price before and after the start of the milk year, so as               Whereas this Regulation will be supplemented by
to maintain a balance between the increase in internal
                                                                       provisions relating to the adjustment of the advance­
and external prices ;                                                  fixed monetary compensatory amounts applicable to
                                                                       the products covered by this Regulation ;
(») OJ No L 148 , 28 . 6 . 1968 , p . 13 .
O OJ No L 155 , 3 . 7 . 1968 , p . 1 .
O OJ No L 264, 23. 11 . 1972, p. 1 .                                  (5) OJ No L 289, 27. 12. 1972, p. 13.
O OJ No L 90 , 4. 4 . 1981 , p. 6.                                    (') OJ No L 94, 8 . 4. 1978 , p. 7 .
 ---pagebreak--- No L 161 / 2                        Official Journal of the European Communities                              18 . 6 . 81
Whereas the Management Committee for Milk and                  and subheadings 04.02 A II a) 1 , 04.02 A II b) 1 ,
Milk Products has not delivered an opinion within              04.02 B I b) 1 aa) and 04.02 B I b) 2 aa) of the
the time limit set by its chairman,                            Common Customs Tariff unless evidence is produced
                                                               that the product was made on or after 6 April 1981 .
HAS ADOPTED THIS REGULATION :
                                                               Member States shall make the necessary
                                                               arrangements , including the appropriate supervision
                          Article 1                            measures, concerning the supporting documents
                                                               which may be used as the evidence referred to in the
                                                               preceding subparagraph .
 1 . Refunds fixed in advance prior to 1 April 1981
in respect of products listed in Annexes I and II and
exported :                                                     3 . The day to be taken into account for
                                                               determining :
 (a) from 6 April 1981 in the case of products falling         —: the date of the advance fixing shall be the day on
     within heading Nos 04.01 and 04.03 and sub­                   which the application for the export licence was
     headings 04.02 A II a) 1 , 04.02 A II b) 1 , 04.02 B          lodged, within the meaning of Article 14 ( 1 ) of
     I b) 1 aa) and 04.02 B I b) 2 aa), as well as                 Regulation (EEC) No 3183 / 80 (1),
     cottage cheese and cream cheese falling within
     subheading 04.04 E I c) of the Common Customs             — the date of export shall be the day on which the
     Tariff; and                                                   customs formalities referred to in Article 22 ( 1 )
                                                                   (b) of Regulation (EEC) No 3183 / 80 are
(b) from 1 May 1981 in the case of other products,                 completed .
shall, subject to the conditions stated in the Annexes
and at the request of the parties concerned, be                                           Article 2
adjusted by the amounts fixed in the said Annexes .
                                                               This Regulation shall enter into force on the day
 2 . However, no adjustment shall be made in                   following its publication in the Official Journal of the
 respect of products falling within heading No 04.03           European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 June 1981 .
                                                                                    For the Commission
                                                                                         The President
                                                                                      Gaston THORN
                                                               C) OJ No L 338 , 13 . 12 . 1980, p. 1 .
 ---pagebreak--- 18 . 6 . 81                            Official Journal of the European Communities                              No L 161 / 3
                                                            ANNEX I
             List of adjustments applicable to refunds fixed in advance for products specified in Article 1 of
                                                  Regulation (EEC) No 804/68
                                                                                                    Amount of adjustment
      CCT                                                                                           ECU/ 1 00 kg net weight
     heading                                         Description                                  (unless otherwise indicated)
        No
                                                                                                     A r)             B (**)
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 :
                              ( 1 ) Of a fat content, by weight, not exceeding 1 · 5 %               + 0-99           + 0-14
                              (2) Of a fat content, by weight, exceeding 1 · 5 % but not
                                    exceeding 3 %                                                    + 1-47           + 0-45
                              (3) Of a fat content, by weight, exceeding 3 %                         + 1-92           + 0-60
                           b) Other :
                              ( 1 ) Of a fat content, by weight, not exceeding 1 - 5 %               4- 0-99          + 0-14
                              (2) Of a fat content, by weight, exceeding 1-5% but not
                                    exceeding 3 %                                                    + 1-47           + 0-45
      -
                              (3) Of a fat content, by weight, exceeding 3 %                         + 1-92           + 0-60
                       II. Other :
                           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 %           + 0-99            + 0-14
                                   (bb) Of a fat content, by weight, exceeding 1 · 5 % but not
                                        exceeding 3 %                                                -I- 1-47          + 0-45
                                   (cc) Of a fat content, by weight, exceeding 3 %                   + 1-92            + 0-60
                               2. Exceeding 4 %                                                      + 2· 22           + 0-70
                           b) Other, of a fat content, by weight :
                               1 . Not exceeding 4 % :
                                   (aa) Of a fat content, by weight, not exceeding 1 · 5 %            + 0-99           + 0-14
                                   (bb) Of a fat content, by weight, exceeding 1 · 5 % but not
                                        exceeding 3 %                                                 + 1-47           + 0-45
                                   (cc) Of a fat content, by weight, exceeding 3 %                    + 1-92           + 0-60
                               2. Exceeding 4 %                                                       + 2-22           + 0-70
                 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 1 0 %                   + 2-81           + 0-96
                               (b) Of a fat content, by weight, exceeding 10 % but not
                                    exceeding 17 %                                                    + 4-29           + 1-49
                               (c) Of a fat content, by weight, exceeding 1 7 %                       + 6-38           + 2-25
 ---pagebreak--- No L 161 / 4                       Official Journal of the European Communities                                     18 . 6 . 81
                                                                                                  Amount of adjustment
     CCT                                                                                          ECU/ 1 00 kg net weight
    heading                                      Description                                  , (unless otherwise indicated)
      No
                                                                                                   AH               B (»*)
04.01                   II. Exceeding 21 % but not exceeding 45 % :
(cont'd)
                             (a) Of a fat content, by weight, not exceeding 35 %                  +    7-57        +    2-68
                             (b) Of a fat content, by weight, exceeding 35 % but not
                                 exceeding 39 %                                                   + 11-75          +    4-20
                             (c) Of a fat content, by weight, exceeding 39 %                      + 12-95          +    4-63
                        III. More than 45 % :
                             (a) Of a fat content, by weight, not exceeding 68 %                  + 14-74          +    5-28
                             (b) Of a fat content, by weight, exceeding 68 % but not
                                 exceeding 80 %                                                   + 21-61          +    7-77
                             (c) Of a fat content, by weight, exceeding 80 %                      + 25-19          +    9-06
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 %                                                  + 10-94          +    3-33
                       2. Exceeding 1 · 5 % but not exceeding 27 % :
                           (aa) Of a fat content, by weight, not exceeding 1 1 %                  + 10-94          +    3-33
                           (bb) Of a fat content, by weight, exceeding 11 % but not
                                 exceeding 17 %                                                   + 14-12          +    5-11
                           (cc) Of a fat content, by weight, exceeding 17 % but not
                                 exceeding 25 %                                                   + 15-42          +    5-63
                           (dd) Of a fat content, by weight, exceeding 25 %                       + 17-11          +    6-30
                       3 . Exceeding 27 % but not exceeding 29 %                                  + 17-54          +    6-30
                       4. Exceeding 29 % :
                           (aa) Of a fat content, by weight, not exceeding 41 %                   + 17-89          +    6-61
                           (bb) Of a fat content, by weight, exceeding 41 % but not
                                 exceeding 45 %                                                   + 19-98          +    7-50
                           (cc) Of a fat cdntent, by weight, exceeding 45 % but not
                                 exceeding 59 %                                                   + 20-71          +    7-74
                           (dd) Of a fat content, by weight, exceeding 59 °/o but not
                                 exceeding 69 %                                                   + 23-20          +    8-75
                           (ee) Of a fat content, by weight, exceeding 69 % but not
                                 exceeding 79 %                                                   + 24-99          +    9-47
                           (ff) Of a fat content, by weight, exceeding 79 %                       + 26-78          + 10-19
 ---pagebreak--- 18 . 6 . 81                       Official Journal of the European Communities                           No L 161 / 5
                                                                                             Amount of adjustment
      CCT                                                                                   ECU/ 1 00 kg net weight
     heading                                    Description                               (unless otherwise indicated)
       No
                                                                                             AH                B (**)
04.02             b) Other, of a fat content, by weight :
(cont 'd)            1 . Not exceeding 1 · 5 %                                              + 10-94          +     3-33
                     2 . Exceeding 1 - 5 % but not exceeding 27 % :
                          (aa) Of a fat content, by weight, not exceeding 1 1 %             + 10-94          +     3-33
                          (bb) Of a fat content, by weight, exceeding 11 % but not
                                exceeding 17 %                                              + 14-12          +     5-11
                          (cc) Of a fat content, by weight, exceeding 17 % but not
                                exceeding 25 %                                              + 15-42          -I-   5-63
                          (dd) Of a fat content, by weight, exceeding 25 %                  + 17-11          +     6-30
                     3 . Exceeding 27 % but not exceeding 29 %                              + 17-54          +     6-30
                     4. Exceeding 29 % :
                          (aa) Of a fat content, by weight, not exceeding 4 1 %             + 17-89          +     6-61
                          (bb) Of a fat content, by weight, exceeding 41 % but not
                                exceeding 45 %                                              + 19-98          +     7 - 50
                          (cc) Of a fat content, by weight, exceeding 45 % but not
                                exceeding 59 %                                              + 20-71          +     7-74
                          (dd) Of a fat content, by weight, exceeding 59 % but not
                                exceeding 69 %                                              + 23-20          +     8-75
                          (ee) Of a fat content, by weight, exceeding 69 % but not
                                exceeding 79 %                                              + 24-99          +     9-47
                          (ff) Of a fat content, by weight, exceeding 79 %                  + 26-78          + 10-19
             III. Milk and cream, other than in powder or granules :
                  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 15 % and of a fat content :
                                ( 11 ) Not exceeding 3 %, by weight                              —                 —
                                (22) Exceeding 3 %, by weight                               +    1-92        +     0-60
                          (bb) Of 15 % or more and of a fat content :
                                ( 11 ) Not exceeding 3 % , by weight                             —                 —
                                (22) Exceeding 3 % , by weight, but not exceeding 7 · 4 %   -I-  3-47         +     1-27
                                (33) Exceeding 7 · 4 %                                      -I-  4-55         +     1-72
                     2 . Other, of a non-fat lactic dry matter content :
                           (aa) Of less than 15 % , by weight                               +    4-29         +     1-28
                          (bb) Of 15 % or more, by weight                                   +    5-39         +    2-04
 ---pagebreak--- No L 161 / 6                        Official Journal of the European Communities                                   18 . 6 . 81
                                                                                                  Amount of adjustment
     CCT                                                                                         ECU/ 1 00 kg net weight
    heading                                         Description                                (unless otherwise indicated)
      No
                                                                                                   AH              B (**)
04.02               b) Other, of a fat content, by weight :
(cont'd)
                       1 . Not exceeding 45 % and of a non-fat lactic dry matter content :
                           (aa) Of less than 15 % and of a fat content :
                                  ( 11 ) Not exceeding 3 % , by weight                              —                —
                                  (22) Exceeding 3 % , by weight, but not exceeding 8 - 9 %     +   1-92        + 0-60
                                  (33) Exceeding 8-9 % , by weight, but not exceeding 11 %      + 4-29          +   1-28
                                  (44) Exceeding 11 % , by weight, but not exceeding 21 %       + 4-58          +   1-60
                                  (55) Exceeding 21 % , by weight, but not exceeding 39 %       + 7· 57         + 2-68
                                  (66) Exceeding 39 %                                           + 12-95         + 4-63
                           (bb) Of 15 % or more and of a fat content :
                                  ( 11 ) Not exceeding 3 % , by weight                              —                —
                                  (22) Exceeding 3 % , by weight, but not exceeding 7 - 4 %     + 3-47          +    1-27
                                  (33) Exceeding 7-4% , by weight, but not exceeding
                                          8-9%                                                  + 4-55          +   1-72
                                  (44) Exceeding 8 · 9 %                                        + 5-39          + 2-04
                       2. Exceeding 45 %                                                        + 14-74         + 5-28
             B. Containing added sugar :
                 I. Milk and cream, in powder or granules :
                    ex b) Other, excluding whey :
                            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 %                                     + 0-1094 (4) + 0-0333 (4)
                                                                                                  per kg          per kg
                                bb) Exceeding 1 · 5 % but not exceeding 27 % :
                                      ( 11 ) Of a fat content, by weight, not exceeding 1 1 % + 0-1094 (4) + 0-0333 (4)
                                                                                                  per kg          per kg
                                      (22) Of a fat content, by weight, exceeding 11 % but
                                             not exceeding 17 %                               + 0 - 1412 (4) + 0-0511 (4)
                                                                                                  per kg          per kg
                                      (33) Of a fat content, by weight, exceeding 17 % but
                                             not exceeding 25 %                               + 0-1542 (4) + 0-0563 (4)
                                                                                                  per kg          per kg
                                      (44) Of a fat content, by weight, exceeding 25 %        + 0-1711 (4) + 0-0630 (4)
                                                                                                  per kg          per kg
                                cc) Exceeding 27 % :
                                      ( 11 ) Of a fat content, by weight, not exceeding 41 %  + 0 - 1754 (4) + 0-0630 (4)
                                                                                                  per kg          per kg
                                      (22) Of a fat content, by weight, exceeding 41 %        + 0-1998 (4) + 0-0,750 (4)
                                                                                                  per kg          per kg
 ---pagebreak--- 18 . 6 . 81                     Official Journal of the European Communities                                 No L 161 / 7
                                                                                                 Amount of adjustment
      CCT                                                                                       ECU/ 1 00 kg net weight
     heading                                      Description                                 (unless otherwise indicated)
        No
                                                                                                 an               B (**)
04.02                     2. Other, of a fat content, by weight :
(cont 'd)
                               aa) Not exceeding 1 · 5 %                                     + 0-1094 (4) -I- 0-0333 (4)
                                                                                                per kg           per kg
                               bb) Exceeding 1 · 5 % but not exceeding 27 % :
                                    ( 11 ) Of a fat content, by weight, not exceeding 1 1 %  + 0-1094 (4) + 0-0333 (4)
                                                                                                per kg           per kg
                                    (22) Of a fat content, by weight, exceeding 1 1 % but
                                       '     not exceeding 17 %                              + 0-1412 (4) + 0-0511 (4)
                                                                                                per kg           per kg
                                    (33) Of a fat content, by weight, exceeding 17 % but
                                             not exceeding 25 %                              + 0-1542 (4) + 0-0563 (4)
                                                                                                per kg           per kg
                                    (44) Of a fat content, by weight, exceeding 25 %         + 0-1711 (4) + 0 - 0630 (4)
                                                                                                per kg           per kg
                               cc) Exceeding 27 % :
                                    ( 11 ) Of a fat content, by weight, not exceeding 41 %   + 0-1754 (4) + 0-0630 (4)
                                                                                                per kg           per kg
                                    (22) Of a fat content, by weight, exceeding 41 %         + 0-1998 (4) + 0-0750 (4)
                                                                                                per kg           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 % :
                          ( 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 :
                                        ( 11 ) Not exceeding 3 % , by weight                      —                —
                                         (22) Exceeding 3 % , by weight                      + 0-0192 (4) + 0-0060 (4)
                                                                                                per kg           per kg
                                (bb) Of 15 % or more                                         + 2-98      C) + 1-04       (5)
                          (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                                                         + 5-59      O + 2-11        ( s)
                       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                         + 2-98      O + 1-04        O
                                   (bb) Of a fat content, by weight, exceeding 6 · 9 % but
                                            not exceeding 21 °/o and of a non-fat lactic dry
                                            matter content, by weight, of 1 5 % or more      + 5-59      O + 2-11        (5)
                                   (cc) Of a fat content, by weight, exceeding 9-5 % but
                                            not exceeding 21 °/o ana of a non-fat lactic dry
                                            matter content, by weight, less than 1 5 %       + 0-0399 (4) + 0-0138 (4)
                                                                                                per kg            per kg
                                   (dd) Of a fat content, by weight, exceeding 21 % but
                                            not exceeding 39 %                               + 0-0757 (4) + 0-0268 (4)
                                                                                                per kg           per kg
                                   (ee) Of a fat content, by weight, exceeding 39 %          + 0-1295 (4) + 0-0463 (4)
                                                                                                per kg           per kg
                                2. Exceeding 45 %                                            + 0 - 1474 (4) + 0-0528 (4)
                                                                                                per kg           per kg
 ---pagebreak--- No L 161 / 8                        Official Journal of the European Communities                                  18 . 6 . 81
                                                                                                Amount of adjustment
     CCT                                                                                       EC U/ 1 00 kg net weight
    heading                                          Description                             (unless otherwise indicated)
      No
                                                                                                AC)               B (**)
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 %   + 19-84          +     7-15
                       (II) Of a fat content, by weight, of 78 % or more, but less than 80 %   + 24-96          +     8-99
                      (III) Of a fat content, by weight, of 80 % or more, but less than 82 %   + 25-60          +     9-22
                      (IV) Of a fat content, by weight, of 82 % or more                        + 26-24          +     9-45
                B. Other, of a fat content, by weight :
                        (I) Not exceeding 99 · 5 %                                             + 26-24          +     9-45
                       (II) Exceeding 99 · 5 %                                                 + 32-01          -I- 13-05
             Cheese and curd (6) :
                                                                                                                         '
04.04
             ex A. Emmentaler and Gruyère, not grated or powdered :
                      II. Other                                                                + 24-01          +     9-07
             ex C. Blue-veined cheese, not grated or powdered, other than Roquefort            + 19-67          +     7-45
                D. Processed cheese, not grated or powdered :
                      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 27 % or more but less than 33 %                    +    3-08        +     1-12
                                    (bb) Of 33 % or more but less than 38 %                    +    7-39        +     2-79
                                    (cc) Of 38 % or more but less than 43 % and of a fat
                                         content, by weight, in the dry matter :
                                         ( 1.1 ) Less than 20 %                                +    7-39        +     2-79
                                         (22) Of 20 % or more                                  + 10-91          +     4-13
                                    (dd) Of 43 % or more and of a fat content, by weight, in
                                         the dry matter :
                                         ( 11 ) Less than 20 %                                 +    7 - 39       +    2-79
                                         (22) Of 20 % or more but less than 40 %               + 10-91           +    4-13
                                         (33) Of 40 % or more                                  + 15-92           +    6-03
 ---pagebreak--- 18 . 6 . 81                      Official Journal of the European Communities                                No L 161 /9
                                                                                                 Amount of adjustment
       CCT                                                                                      ECU/ 1 00 kg net weight
     heading                                       Description                                (unless otherwise indicated)
        No
                                                                                                  AH               B (**)
04.04                   ex 2. Exceeding 48 % and of a dry matter content, by weight :
(cont 'd)
                                 (aa) Of 33 % or more but less than 38 %                        +    7-39        +     2-79
                                 (bb) Of 38 % or more but less than 43 %                        + 10-91          +     4-13
                                 (cc) Of 43 % or more but less than 46 %                        + 15-92          -I-   6-03
                                 (dd) Of 46 % or more and of a fat content, by weight, in
                                       the dry matter :
                                       ( 11 ) Less than 55 %                                    + 15-92          +     6-03
                                       (22) Of 55 % or more                                     + 18-88          +     7-15
                   b) Exceeding 36 %                                                            + 18-88          +     7-15
             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 :
                   ex a) Not exceeding 47 % :
                            ( 1 ) Grana Padano, Parmigiano Reggiano                             + 27-26          + 11-16
                            (2) Fiore Sardo, Pecorino                                           + 27-26          + 13-53
                            (3) Other (excluding cheeses produced from whey), of a fat
                                  content, by weight, in the dry matter of 30 % or more         + 19-79          +     8-10
                        b) Exceeding 47 % but not exceeding 72 °/o :
                            ex 1 . Cheddar of a fat content, by weight, in the dry matter
                                     of 48 % or more                                            + 22-25          +     8-43
                            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
                                             produced from whey)                                -t- 13-43        +     3-57
                                     (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)        + 15-26          +     5-62
                                     (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 °/o (excluding
                                             cheeses produced from whey)                        -I- 17-96       ■+     6-70
                                     (dd) Of 39 % or more :
                                             ( 11) Asiago, Caciocavallo, Provolone, Ragusano    + 23-00          + 11-16
                                             (22) Danbo, Edam, Fontal, Fontina, Fynbo,
                                                   Gouda, Havarti, Maribo, Samsø, Tilsit        4- 20-47         +     7-72
                                             (33) Butterkäse, Esrom, Italico, Kernhem, Saint­
                                                   Nectaire, Saint-Paulin, Taleggio             + 17-69           +    6-68
 ---pagebreak--- NoL 161 / 10                    Official Journal of the European Communities                                       18 . 6 . 81
                                                                                                  Amount of adjustment
      CCT                                                                                        ECU/ 1 00 kg net weight
    heading                                     Description                                    (unless otherwise indicated)
       No
                                                                                                   AH              B (**)
04.04                                     (44) Cantal, Cheshire, Wensleydale, Lancashire,
(cont'd)                                       Double Gloucester, Blarney                        + 20-81          -I- 7-88
                                          (55) Salted ricotta, of a fat content, by weight, of
                                               30 % or more                                      +    9-26        -I- 3-63
                                          (66) Feta                                              + 16-56          -I- 6-30
                                          (77) Colby, Monterey                                   + 20-81          + 7-88
                                          (88) 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 %                                       + 20-81          + 7-88
                                               (bbb) Exceeding 52 % but not exceeding
                                                      62 %                                       -I- 20-47        + 7-72
                    ex c) Exceeding 72 % (excluding cheeses produced from whey):
                          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 %                                   +    2-59        + 0-94
                               (bb) Cream cheese of a water content, calculated by
                                    weight, of the non-fatty matter, exceeding 77 % but
                                    not exceeding 81 % and of a fat content, by weight,
                                    in the dry matter :
                                    ( 11 ) Of 60 % or more but less than 70 %                    +    4-55        + 1-65
                                    (22) Of 70 % or more                                         +    5-74        4- 2-09
                               (cc) Other                                                             —               —
                          2 . Other :
                               (aa) Cottage Cheese                                                    —               —
                               (bb) Cream cheese of a water content, calculated by
                                    weight of the non-fatty matter, exceeding 77 % but
                                    not exceeding 81 % and of a fat content, by weight,
                                    in the dry matter :
                                    ( 11 ) Of 60 % or more but less than 70 %                    +    4-55        + 1-65
                                    (22) Of 70 % or more                                         +    5-74        + 2-09
                               (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 %                               + 11-48          + 4-35
                          (2) Of 80 % or more but less than 85 %                                 + 15-31          -I- 5-80
                          (3) Of 85 % or more but less than 95 %                                 + 16-26          + 6-16
                          (4) Of 95 % or more                                                    + 18-18          + 6-88
 ---pagebreak--- 18 . 6 . 81                        Official Journal of the European Communities                         No L 161 / 11
                                                                                             Amount of adjustment
      CCT                                                                                    ECU/ 1 00 kg net weight
     heading                                    Description                                (unless otherwise indicated)
       No
                                                                                              A (*)            B (**)
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 :
                    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 more 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 %                                               —                —
                               (bb) 30 % or more but less than 40 %                           + 3-50          + 1-07
                               (cc) 40 % or more but less than 50 %                           + 4-59          + 1-40
                               (dd) 50 % or more but less than 60 %                          + 5-69           -I- 1-73
                               (ee) 60 % or more but less than 70 %                          + 6-78           + 2-06
                               (ff) 70 % or more                                              + 7-88          + 2-40
                          (4) Containing 75 % or more, by weight, of milk products, of
                               which content of milk in powder or granules (excluding
                              whey), by weight, is :
                               (aa) Less than 30 %                                               —                —
                               (bb) 30 % or more but less than 40 %                           + 3-50          + 1-07
                               (cc) 40 % or more but less than 50 %                           + 4-59          + 1-40
                               (dd) 50 % or more but less than 60 %                           + 5-69          + 1-73
                               (ee) 60 % or more but less than 70 %                           + 6-78          + 2-06
                               (ff) 70 °/o or more but less than 75 %                         + 7-88          + 2-40
                               (gg) 75 % or more but less than 80 %                           + 8-42          -I- 2-56
                               (hh) 80 % or more                                              + 8-97          + 2-73
                   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 %                                    + 5-69           + 1-73
                       (b) 60 % or more but less than 70 %                                    + 6-78           + 2-06
                       (c) 70 % or more but less than 80 %                                    + 7-88           + 2-40
                       (d) 80 % or more                                                       + 8-97           + 2-73
 ---pagebreak--- No L 161 / 12                             Official Journal of the European Communities                                    18 . 6 . 81
  (*) For the application of the amounts specified in column A, the advance fixing of the refund must have taken place before
       1 April 1981 in connection with a tender (within the meaning of Article 43 of Regulation (EEC) No 3 1 83/80), opened in
      an importing non-member country or by the armed forces as specified in Article 10 ( 1 ) of Regulation (EEC) No 2044/75 .
(**) For the application of the amounts specified in column B the advance fixing of the refund must have taken place before
      1 April 1981 , provided the amounts specified in column A do not apply.
(') 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 calcu­
      lation 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 takten 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 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) on or after 1 July 1981 , the amount of the adjustment, if any, calculated for the saccharose content in accordance with
           the provisions of Article 1 of Regulation (EEC) No 797/ 80 (OJ No L 87, 1 . 4 . 1980).
(5)   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 1 00 kg of
               product, and then ;
           — divided by the weight of the lactic part contained in 100 kg of product;
      (b) on or after 1 July 1981 , the amount of the adjustment, if any, calculated for the saccharose content in accordance with
           the provisions of Article 1 of Regulation (EEC) No 797/ 80 (OJ No L 87, 1 . 4. 1980).
(')   No adjustment 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.
(7)   This amount applies to the net weight, minus the weight of the brine.
The weight of non-milk fat should be disregarded for the purposes of calculating fat content, by weight.
 ---pagebreak--- 18 . 6 . 81                         Official Journal of the European Communities                            No L 161 / 13
                                                          ANNEX II
            List of adjustments applicable to refunds fixed in advance before 1 April 1981 in respect of the
            products indicated in Annex A to Regulation (EEC) No 3035/80 and specified in Article 1 of Regu­
            lation (EEC) No 804/68 exported, on or after 1 May 1981 , in the form of goods included in the
                                                Annex to the latter Regulation
                                                                                                Amount
                   CCT
                  heading                                  Description                       of adjustment
                    No                                                                        ECU/ 1 00 kg
                                                                                               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)                     + 3-33
            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)                                 + 6-30
            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)           + 1-72
            ex 04.03              Butter of a fat content, by weight, of 82 % (PG 6)              + 9-45