CELEX: 31975R3399
Language: en
Date: 1975-12-31
Title: Regulation (EEC) No 3399/75 of the Commission of 19 December 1975 fixing the rates of the refunds applicable from 1 January 1976 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 334/ 52                           Official Journal of the European Communities                               31 . 12 . 75
                            REGULATION (EEC) No 3399/75 OF THE COMMISSION
                                                    of 19 December 1975
                fixing the rates of the refunds applicable from 1 January 1976 to certain milk
                   products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                          Treaty which are manufactured under similar
COMMUNITIES,                                                            conditions ;
Having regard to the Treaty establishing the European             (c) the need to ensure equality of competition for the
Economic Community ;                                                    industries which use Community products and
                                                                        those which use third-country products under
                                                                        inward processing arrangements ;
Having regard to Council Regulation (EEC) No
804/68 ( ! ) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last             Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 740/75 (2), and in                 provides that, when the rate of the refund is being
particular Article 17 (5) thereof ;                               fixed, account should be taken, where necessary, of
                                                                  production refunds, aids or other measures having
                                                                  equivalent effect applicable in all Member States in
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68            accordance with the Regulation on the common
provides that the difference between prices in interna­           organization of the market in the product in question
tional trade for the products listed in Article 1 (a), (b),       to the basic products listed in Annex A to that Regula­
(c) and (e) of that Regulation and prices within the              tion or to assimilated products ;
Community may be covered by an export refund ;
whereas Council Regulation (EEC) No 2682/72 (3) of
 12 December 1972 laying down general rules for
                                                                  Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
granting export refunds on certain agricultural                   provides for the payment of aid for Community-pro­
products exported in the form of goods not covered                duced skimmed milk processed into casein if such
by Annex II to the Treaty, and criteria for fixing the            milk     and   the    casein    manufactured from   it  fulfil
amount of such refunds, specifies the products for                certain conditions set out in Article 1 of Council Regu­
which a rate of refund should be fixed, to be applied             lation (EEC) No 987/68 (4) of 15 July 1968 laying
where these products are exported in the form of
                                                                  down general rules for granting aid for skimmed milk
goods listed in the Annex to Regulation (EEC) No
804/ 68 ;
                                                                  processed into casein or caseinates as last amended by
                                                                  the Act of Accession (5) ; whereas, pursuant to Article
                                                                   1 (2) (b) of Regulation (EEC) No 2682/72, skimmed
                                                                  milk thus defined is assimilated to milk powder
Whereas, in accordance with the first subparagraph of             complying with the definition of the pilot products
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate          Group No 2 listed in Annex I to Council Regulation
 of the refund per 100 kg for each of the basic                   (EEC) No 823/68 (6) of 28 June 1968 determining the
 products in question must be fixed for each month ;              groups of products and the special provisions for calcu­
                                                                  lating levies on milk and milk products, as last
                                                                  amended by Regulation (EEC) No 823/75 (7) ; whereas
Whereas, in accordance with paragraph 2 of that                   a rate of refund should be fixed for this milk powder ;
Article, that rate must be determined with particular
 reference to :
                                                                  Whereas Article 2 of Commission Regulation (EEC)
 (a) the average costs incurred by processing industries           No 756/70 (8) of 24 April 1970 on granting aid for
       in obtaining supplies of the basic products in ques­        skimmed milk processed into casein or caseinates, as
      tion on the Community market and the prices                  last amended by Regulation (EEC) No 2853/75 (9),
       ruling on the world markets ;                               fixes the aid per 100 kg of skimmed milk processed
                                                                   into casein or caseinates according to type ;
 (b) the level of the refunds on exports of processed
       agricultural products covered by Annex II to the            (4)  OJ No  L  169, 18 . 7. 1968 , p. 6.
                                                                   (5)  OJ No  L  73 , 27. 3 . 1972, p. 14.
                                                                   (b)  OJ No  L  151 , 30 . 6. 1968 , p. 3 .
 (') OJ No L 148 , 28 . 6 . 1968 , p. 13 .                         ( 7) OJ No  L  79 , 28 . 3 . 1975, p. 3 .
 (2) OJ No L 74, 22 . 3 . 1975, p. 1 .                             (8)  OJ No  L  91 , 25. 4. 1970, p. 28 .
 (3 ) OJ No L 289 , 27 . 12. 1972, p . 13 .                        (9)  OJ No  L  283 , 1 . 11 . 1975, p. 56.
 ---pagebreak--- 31 . 12 . 75                                Official Journal of the European Communities                       No L 334/53
Whereas Commission Regulation (EEC) No 232/75 (l)                      HAS ADOPTED THIS REGULATION :
of 30 January 1975 on the sale of butter at reduced
prices for use in the manufacture of pastry products
                                                                                             Article 1
and ice cream, as last amended by Regulation (EEC)
No 31 92/75 (2), authorizes the delivery to industries
manufacturing the goods falling within heading No                      1 . Under the provisions of Article 28 of Regulation
19.08 or subheadings 18.06 B and 21.07 C and 'ice                     (EEC) No 1519/72 the rates of the refunds applicable
mix' or subheadings 18.06 D and ex 21.07 of the                       from 1 January 1976 to the basic products appearing
Common Customs Tariff, of butter at a reduced price                   in Annex A to Regulation (EEC) No 2682/72 and
under a standing invitation to tender ;                               listed in Article 1 of Regulation (EEC) No 804/68 ,
                                                                      exported in the form of goods listed in the Annex to
Whereas, according to Article 28 of Commission                        Regulation (EEC) No 804/68, are hereby fixed as
Regulation (EEC) No 1 519/72 (3) of 14 July 1972                      shown in the Annex to this Regulation .
concerning selling butter at a reduced price for the
purpose of exporting certain mixtures of fats, as last                2. No rates of refund are fixed for any of the
amended by Regulation (EEC) No 2904/73 (4), no                        products referred to in the preceding paragraph which
export refund can be granted for the butter incorpor­                 are not listed in the Annex to this Regulation .
ated in the products referred to in Article 19 of that
Regulation ;
                                                                                             Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                     This Regulation shall enter into force on 1 January
ment Committee for Milk and Milk Products,                             1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 19 December 1975 .
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                             Member of the Commission
(')  OJ No   L 24, 31 . 1 . 1975 , p . 45 .
(2 ) OJ No   L 316, 6. 12. 1975, p . 14.
(*)  OJ No  L  162, 18 . 7. 1972, p. 1 .
(4 ) OJ No   L 298 , 26 . 10 . 1973 , p . 23 .
 ---pagebreak--- No L 334/54                     Official Journal of the European Communities                                  31 . 12. 75
                                                       ANNEX
            to the Commission Regulation of 19 December 1975 fixing the rates of the refunds applicable
            from 1 January 1976 to certain milk products exported in the form of goods not covered
                                               by Annex II to the Treaty
                                                                                           (in u.a. /100 kg )
                 CCT
                heading                            Description of goods                     Rate of the
                  No                                                                           refund
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of less than 1-5 % by weight and with a
                             water content of less than 5 % by weight (PG 2) :
                             a) On exportation of goods of CCT heading No 35.01                  —
                             b) On exportation of other goods                                  48-48
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of 26 % by weight and a water content of
                             less than 5 °/o by weight (PG 3)                                   64-07
            ex 04.02 A III   Concentrated milk, with a fat content by weight of 7-5 °/o
                             and a content by weight in dry matter equal to 25 %
                             ( PG 4)                                                            15-48
            ex 04.03         Butter, with a fat content by weight of 82 % (PG 6) :
                              a) On exportation of goods of CCT heading No 19.08 or
                                 of subheadings 18.06 B and 21.07 C, and 'ice mix' of
                                 CCT subheadings 18.06 D and ex 21.07 manufactured
                                 under the conditions laid down in Article 6 of Regu­
                                 lation (EEC ) No 232/75
                              b) On exportation of other goods                                  93-40