CELEX: 31978R1144
Language: en
Date: 1978-05-31 00:00:00
Title: Commission Regulation (EEC) No 1144/78 of 30 May 1978 fixing the rates of the refunds applicable from 1 June 1978 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 5 . 78                                Official Journal of the European Communities                           No L 143/ 15
                                      COMMISSION REGULATION (EEC) No 1144/78
                                                           of 30 May 1978
                fixing the rates of the refunds applicable from 1 June 1978 to certain milk
                  products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                               Treaty which are manufactured under similar
COMMUNITIES,                                                                 conditions ;
Having regard to the Treaty establishing the European                 (c) the need to ensure equality of competition for the
Economic Community,                                                          industries which use Community products and
                                                                             those which use third-country products under
                                                                             inward processing arrangements ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ( l ), as last                Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 1038/78 (2), and in                    provides that, when the rate of the refund is being
particular Article 17 ( 5) thereof,                                   fixed, account should be taken, where necessary, of
                                                                      production refunds, aids or other measures having
                                                                      equivalent effect applicable in all Member States in
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68                accordance with the Regulation on the common
provides that the difference between prices in interna­               organization of the market in the product in question
tional trade for the products listed in Article 1 (a), (b),           to the basic products listed in Annex A to that Regula­
(c) and (e) of that Regulation and prices within the                  tion or to assimilated products ;
Community may be covered by an export refund ;
whereas Council Regulation (EEC) No 2682/72 of 12
December 1972 laying down general rules for
granting export refunds on certain agricultural                       Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
products exported in the form of goods not covered                     provides for the payment of aid for Community-pro­
by Annex II to the Treaty, and criteria for fixing the                duced skimmed milk processed into casein if such
                                                                       milk and       the casein   manufactured   from   it fulfil
amount of such refunds (3), as last amended by Regula­
tion (EEC) No 707/78 (4), specifies the products for                   certain conditions set out in Article 1 of Council Regu­
which a rate of refund should be fixed, to be applied                  lation (EEC) No 987/68 of 15 July 1968 laying down
where these products are exported in the form of                      general rules for granting aid for skimmed milk
goods listed in the Annex to Regulation (EEC) No                       processed into casein or caseinates (5), as last amended
804/ 68 ;                                                             by the Act of Accession (6) ; whereas, pursuant to
                                                                       Article 1 (2) (b) of Regulation (EEC) No 2682/72,
                                                                       skimmed milk thus defined is assimilated to milk
Whereas, in accordance with the first subparagraph of                  powder complying with the definition of the pilot
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate               products Group No 2 listed in Annex I to Council
of the refund per 100 kilograms for each of the basic                  Regulation (EEC) No 823/68 of 28 June 1968 deter­
products in question must be fixed for each month ;                    mining the groups of products and the special provi­
                                                                       sions for calculating levies on milk and milk
                                                                       products (7), as last amended by Regulation (EEC) No
Whereas, in accordance with paragraph 2 of that                        1 000/78 (8) ; whereas a rate of refund should be fixed
Article, that rate must be determined with particular                  for this milk powder ;
reference to :
(a) the average costs incurred by processing industries                Whereas Article 2 of Commission Regulation (EEC)
      in obtaining supplies of the basic products in ques­             No 756/70 of 24 April 1970 on granting aid for
      tion on the Community market and the prices                      skimmed milk processed into casein or caseinates (9),
      ruling on the world markets ;                                    as last amended by Regulation (EEC) No 984/77 ( 10) ;
                                                                       fixes the aid per 100 kilograms of skimmed milk
                                                                       processed into casein or caseinates according to type ;
 (b) the level of the refu ids on exports of processed
      agricultural products covered by Annex II to the                 (*) OJ No L 169, 18 . 7. 1968, p. 6.
                                                                       (6) OJ No L 73, 27. 3. 1972, p. 14.
 (!) OJ  No  L  148 , 28 . 6 . 1968 , p. 13 .                          (7) OJ No L 151 , 30. 6. 1968. p. 3.
 (2) OJ  No  L  134, 22.   5. 1978 , p. 4.                             (8) OJ No L 130, 18 . 5. 1978, p. 7.
(3)  OJ  No  L  289, 27.   12. 1972, p. 13.                            H OJ No L 91 , 25. 4. 1970, p. 28 .
(4)  OJ  No  L  94, 8 . 4.  1978 , p. 7.                               (] °) OJ No L 118, 11 . 5. 1977, p. 8 .
 ---pagebreak---  No L 143 / 16                           Official Journal of the European Communities                            31 . 5. 78
 Whereas Commission Regulation (EEC) No 232/75 of                   Regulation (EEC) No 2682/72 and listed in Article 1
 30 January 1975 on the sale of butter at reduced                   of Regulation (EEC) No 804/68, exported in the form
 prices for use in the manufacture of pastry products               of goods listed in the Annex to Regulation (EEC) No
 and ice cream ('), as last amended by Regulation                   804/68 , are hereby fixed as shown in the Annex to
 (EEC) No 805/78 (2), authorizes the delivery to indus­             this Regulation .
 tries manufacturing the goods falling within heading
 No 19.08 or subheadings 18.06 B and 21.07 C, and
'ice mix' falling within subheading 18.06 D and
 heading No ex 21.07 of the Common Customs Tariff,                  2. No rates of refund are fixed for any of the
 of butter at a reduced price under a standing invita­              products referred to in the preceding paragraph which
 tion to tender ;                                                  are not listed in the Annex to this Regulation .
 Whereas the measures provided for in this Regulation
 are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,
 HAS ADOPTED THIS REGULATION :
                                                                                           Article 2
                           Article 1
 1 . The rates of the refunds applicable from 1 June
 1978 to the basic products appearing in Annex A to                This Regulation shall enter into force on 1 June 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 May 1978 .
                                                                             For the Commission
                                                                              Étienne DAVIGNON
                                                                         Member of the Commission
(>) OJ No L 24, 31 . 1 . 1975 , p . 45 .
(2) OJ No L 108 , 22 . 4 . 1978 , p . 10 .
 ---pagebreak--- 31 . 5 . 78                     Official Journal of the European Communities                             No L 143 / 17
                                                       ANNEX
            to the Commission Regulation of 30 May 1978 fixing the rates of the refunds applicable
            from 1 June 1978 to certain milk products exported in the form of goods not covered by
                                                 Annex II to the Treaty
                                                                                         (u.a. / 100 kg)
                 CCT
                                                                                          Rate of
                heading                                Description
                  No                                                                      refund
            ex 04.02 A II   Powdered milk, obtained by the spray process, with a
                            fat content of less than 1.5 °/o by weight and with a
                            water content of less than 5 °/o by weight ( PG 2 ) :
                            a ) On exportation of goods of CCT heading No 35.01
                            b) On exportation of other goods                              66.54
            ex 04.02 A II   Powdered milk, obtained by the spray process, with a
                            fat content of 26 % by weight and a water content of
                            less than 5 % by weight ( PG 3 )                              93.55
            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 )                                                      20.16
            ex 04.03        Butter, with a fat content by weight of 82 °/o ( PG 6 ) :
                            a ) On exportation of goods of CCT heading No 19.08 or
                                of subheadings 18.06 B and 21.07 C, and ' ice mix' of
                                CCT subheadings ex 18.06 D and heading No ex 21.07
                                manufactured     under  the   conditions  laid   down in
                                Article 6 of Regulation ( EEC) No 232/75
                            b ) On     exportation   of goods      of  CCT subheading
                                21.07 G VIII a) with a content of non-milk fats of
                                more than 20 °/o                                         171.88
                            c) On exportation of other goods                             164.52