CELEX: 31979R0860
Language: en
Date: 1979-05-01
Title: Commission Regulation (EEC) No 860/79 of 27 April 1979 fixing the rate of the refund applicable from 1 May 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty

1 . 5. 79                                  Official Journal of the European Communities                        No L 108/33
                                         COMMISSION REGULATION (EEC) No 860/79
                                                           of 27 April 1979
                 fixing the rate of the refund applicable from 1 May 1979 to isoglucose exported
                              in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                            those which use third-country products under
 COMMUNITIES,                                                             inward processing arrangements ;
 Having regard to the Treaty establishing the European                Whereas, following the Judgment rendered by the
 Economic Community,                                                  Court of Justice of the European Communities in
                                                                      Cases 103/77, 125/77 and 145/77, there is uncertainty
                                                                      as to whether the production levy mentioned in
 Having regard to Council Regulation (EEC) No                         Article 9 of Regulation (EEC) No 1111 /77 is to be
 1111 /77 of 17 May 1977 laying down common provi­                    taken into account in the calculation of the refund ;
 sions for isoglucose (*), as last amended by Regulation              whereas it is therefore appropriate not to take the said
 (EEC) No 1298/78 (2), and in particular the first                    levy into account in the calculation at present but to
 sentence of the third subparagraph of Article 4 (2) and              provide for the refund to be increased by an amount
 paragraph 5 thereof,                                                 equal to that of the production levy, should there by
                                                                      one, in force at the time of export of the quantity of
                                                                      isoglucose in question ;
Whereas, pursuant to Article 4 of Regulation (EEC)
 No 1111 /77, provision may be made for a refund on                   Whereas the measures provided for in this Regulation
 the export of isoglucose in the form of the goods                    are in accordance with the opinion of the Manage­
 shown in the Annex to that Regulation ;
                                                                      ment Committee for Isoglucose,
Whereas Council Regulation (EEC) No 2682/72 of 12
 December 1972 laying down general rules for
granting export refunds for certain agricultural
 products exported in the form of goods not covered
                                                                      HAS ADOPTED THIS REGULATION :
by Annex II to the Treaty, and the criteria for fixing
the amount of such refunds (3), as last amended by
 Regulation (EEC) No 707/78 (4), specifies that a rate of
 refund should be fixed and apply when isoglucose
                                                                                              Article 1
covered by Common Customs Tariff subheading
 17.02 D I is exported in the form of goods listed in
the Annex to Regulation (EEC) No 1111 /77 ;                           The rate of the refund applicable from 1 May 1979 to
                                                                      isoglucose of Common Customs Tariff subheading
                                                                      17.02 D I exported in the form of goods listed in the
Whereas, in accordance with the first subparagraph of                 Annex to Regulation (EEC) No 1111 /77 is fixed as
Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate              shown in the Annex hereto .
of the refund must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that                                               Article 2
Article, that rate must be determined with particular
reference to :
                                                                      The amount indicated in the Annex shall, at the
(a) the level of the refunds on exports of processed                  request of the interested party, be increased by an
      agricultural products covered by Annex II to the                amount equal to the production levy, should there be
      Treaty which are manufactured under similar                     one, in force on the day of the completion of the
      conditions ;                                                    customs export formalities in respect of the products
                                                                      shown in the Annex.
(b) the need to ensure equality of competition for the
      industries which use Community products and
(1)  OJ  No  L  134, 28 . 5. 1977, p. 4.                                                      Article 3
(2)  OJ  No  L  160, 17.  6 . 1978 , p. 9 .
(3)  OJ  No  L 289 , 27.  12. 1972, p. 13.
(4)  OJ  No  L 94, 8 . 4.  1978 , p. 7 .                              This Regulation shall enter into force on 1 May 1979 .
 ---pagebreak--- No L 108 /34                   Official Journal of the European Communities                               1 . 5 . 79
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 27 April 1979 .
                                                                   For the Commission
                                                                    Étienne DAVIGNON
                                                                 Member of the Commission
                                                    ANNEX
           to the Commission Regulation of 27 April 1979 fixing the rate of the refund applicable
           from 1 May 1979 to isoglucose exported in the form of goods not covered by Annex II to
                                                   the Treaty
                                                                                                 (m tie r
                                                                                    Amount of refund
                CCT heading No                       Description                       for 100 kg
                                                                                     of dry matter
            17.02 D I            Isoglucose                                              15-55