CELEX: 31979R2117
Language: en
Date: 1979-09-29 00:00:00
Title: Commission Regulation (EEC) No 2117/79 of 28 September 1979 fixing the rates of the refunds applicable from 1 October 1979 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 246/30                           Official Journal of the European Communities                               29 . 9 . 79
                                  COMMISSION REGULATION (EEC) No 2117/79
                                                  of 28 September 1979
                fixing the rates of the refunds applicable from 1 October 1979 to certain milk
                  products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                        Treaty which are manufactured under similar
COMMUNITIES,                                                          conditions ;
Having regard to the Treaty establishing the European           (c) the need to ensure equality of competition for the
Economic Community,                                                   industries which use Community products and
                                                                      those which use third-country products under
                                                                      inward processing arrangements ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last            Whereas Article 4 (3) of Regulation (EEC) No 2682/72
amended by Regulation (EEC) No 1761 /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
                                                                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 (3), as last amended by Regula­          certain conditions set out in Article 1 of Council Regu­
tion (EEC) No 707/78 (4), specifies the products for
which a rate of refund should be fixed, to be applied           lation (EEC) No 987/68 of 15 July 1968 laying down
                                                                general rules for granting aid for skimmed milk
where these products are exported in the form of                processed into casein or caseinates (5), as last amended
goods listed in the Annex to Regulation (EEC) No                by the Act of Accession (6) ; whereas, pursuant to
804/68 ;
                                                                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
                                                                products Group No 2 listed in Annex I to Council
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate        Regulation (EEC) No 823/68 of 28 June 1968 deter­
of the refund per 100 kilograms for each of the basic           mining the groups of products and the special provi­
products in question must be fixed for each month ;             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                  1000/78 (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 refunds on exports of processed
      agricultural products covered by Annex II to the          (5) OJ No L 169, 18 . 7. 1968, p. 6.
                                                                (6) OJ No L 73, 27. 3. 1972, p. 14.
(i ) OJ No L 148, 28 . 6. 1968 , p. 13 .                        (7) OJ No L 151 , 30 . 6 . 1968 , p. 3 .
h) OJ No L 204, 28. 7. 1978, p. 6.                              (8) OJ No L 130, 18 . 5. 1978 , p. 7.
(3) Ol No L 289, 27. 12. 1972, p. 13 .                          (») OJ No L 91 , 25. 4. 1970, p. 28 .
(«) OJ No L 94, 8 . 4. 1978, p. 7.                                10) OJ No L 118, 11 . 5. 1977, p. 8 .
 ---pagebreak--- 29 . 9 . 79                             Official Journal of the European Communities                        No L 246/31
Whereas Commission Regulation (EEC) No 262/79 of                   HAS ADOPTED THIS REGULATION :
12 February 1979 on the sale of butter at reduced
prices for use in the manufacture of pastry products,                                     Article 1
ice-cream and other foodstuffs ('), as amended by
Regulation (EEC) No 545/79 (2), and Commission                     1 . The rates of the refunds applicable from 1
Regulation (EEC) No 1468/79 of 13 July 1979 on the                October 1979 to the basic products appearing in
                                                                  Annex A to Regulation (EEC) No 2682/72 and listed
granting of aid for butter from private storage for use
in the manufacture of pastry products, ice-cream and
                                                                   in Article 1 of Regulation (EEC) No 804/68, exported
other foodstuffs (3), authorizes delivery of butter at             in the form of goods listed in the Annex to Regula­
reduced prices to industries which manufacture
                                                                  tion (EEC) No 804/68, are hereby fixed as shown in
                                                                  the Annex to this Regulation.
certain goods ; whereas butter bought under the
system of Regulation (EEC) No 232/75 (4), replaced by             2. No rates of refund are fixed for any of the
Regulation (EEC) No 262/79, and used in the manu­                  products referred to in the preceding paragraph which
facture of certain exported goods, should be taken into           are not listed in the Annex to this Regulation .
account ;
                                                                                          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 October
ment Committee for Milk and Milk Products,                         1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 September 1979 .
                                                                             For the Commission
                                                                             fitienne DAVIGNON
                                                                        Member of the Commission
(>) OJ   No L 41 , 16. 2. 1979, p. 1 .
(*) OJ   No L 72, 23. 3. 1979, p. 15.
(J) OJ   No L 177, 14. 7. 1979, p. 40.
(<) OJ   No L 24, 31 . 1 . 1975, p. 45.
 ---pagebreak--- No L 246/32                       Official Journal of the European Communities                             29 . 9 . 79
                                                       ANNEX
            to the Commission Regulation of 28 September 1975 fixing the rates of the refunds applicable
            from 1 October 1979 to certain milk products exported in the form of goods not covered
                                               by Annex II to the Treaty
                                                                                              (ECU/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 % 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                                    73.50
           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 )                                   113.10
           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)                                                             24-37
           ex 04.03          Butter, with a fat content by weight of 82 % (PG 6) :
                             a) On exportation of the following goods manufactured
                                under the conditions laid down in Article 6 of Regu­
                                 lation (EEC) No 232/75, Articles 4 and 5 of Regulation
                                 (EEC) No 262/79 and Article 1 of Regulation (EEC)
                                 No 1468/79 :
                                — goods failing within CCT heading No 19.08 or
                                     subheadings 18.06 B and 21.07 C,
                                — powdered preparations for making ice-cream and
                                     similar edible products called 'ice-mix' falling
                                     within CCT subheading 18.06 D and heading
                                     No 21.07,
                                — raw doughs and powdered preparations falling
                                     within CCT subheading 19.02 B II £>)                         —
                             b) On exportation of goods of CCT subheadings 21.07
                                G VII a) and 21.07 G VIII a) with a content of
                                non-milk fats of more than 20 %                                207.79
          I                  c) On exportation of other goods                                  198.90