CELEX: 31976R2200
Language: en
Date: 1976-09-08 00:00:00
Title: Commission Regulation (EEC) No 2200/76 of 8 September 1976 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

No L 247/26                               Official Journal of the European Communities                               9 . 9 . 76
                                     COMMISSION REGULATION ( EEC) No 2200/76
                                                       of 8 September 1976
              fixing the adjustments to be made to refunds fixed in advance for milk and milk
                                                              products
THE COMMISSION OF THE EUROPEAN                                      basic products exported unprocessed ; whereas the
COMMUNITIES,                                                        refunds fixed in advance for the said products should
Having regard to the Treaty establishing the European               therefore also be adjusted ;
Economic Community,                                                 Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                        are in accordance with the opinion of the Manage­
804/68 of 27 June 1968 on the common organization                   ment Committee for Milk and Milk Products ,
of the market in milk and milk products ('), as last
amended by Regulation ( EEC) No 559/76 (2), and in                   HAS ADOPTED THIS REGULATION :
particular Article 17 (4) thereof,
Whereas, under the third subparagraph of Article 5 (3)                                           Article 1
of Council Regulation ( EEC) No 876/68 of 28 June
1968 laying down general rules for granting export                   1.      Refunds fixed in advance before 16 September
refunds on milk and milk products and criteria for                   1976 in respect of products as set out in Annexes I
fixing the amount of such refunds (3 ), as last amended             and II exported after this date shall , at the request of
by Regulation ( EEC) No 2429/72 (4), refunds fixed in                the parties concerned, be adjusted by the amounts
advance may be adjusted where there is a change in                   fixed in the Annexes to this Regulation .
the intervention prices and in the amount of certain                 2.      However, refunds fixed in advance for products
aids for milk products ;                                             falling within heading No 04.04 of the Common
Whereas, in pursuance of Council Regulation (EEC)                    Customs Tariff which are exported to Zone E or to
No 558 /76 of 15 March 1 976 (5), intervention prices                Canada shall not be adjusted .
have been increased with effect from 16 September                    3.      The day to be taken into account in deter­
1976 ; whereas the effect of the new prices on the                   mining :
level of market prices is such that an adjustment of
refunds fixed in advance for milk products appears                   — the date of advance fixing, shall be the day on
justified, except for cheeses exported to Zone E and                       which the application for the export licence was
Canada, where the market price is rising ;                                 lodged, within the meaning of Article 6 ( 1 ) of
                                                                           Regulation ( EEC) No 1 93/75 (7),
Whereas, in accordance with the third subparagraph                   — the date of exportation , shall be the day on which
of Article 5 (2) of Council Regulation ( EEC) No                           are completed the customs formalities referred to
2682/72 of 12 December 1972 laying down general                            under (b) in the second subparagraph of Article 9
rules for granting export refunds on certain agricul­                      (3) of Regulation ( EEC) No 193/75 .
tural products exported in the form of goods not
covered by Annex II to the Treaty, and the criteria for                                          Artidc 2
fixing the amount of such refunds (6), refunds fixed in
advance for the products specified in Annex A to the                 This Regulation shall enter into force on the third day
said Regulation are to be adjusted according to the                  following its publication in the Official Journal of
rules applicable to the advance fixing of the refund on              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 September 1976 .
                                                                                 For the Commission
                                                                                   P. J. I.ARDINOIS
                                                                             /Member of the Commission
(')  OJ No  L 148 , 28 . 6 . 1968 , p . 13 .
 -') OJ No  L 67, 15 . 3 . 1976, p . 9 .
(3 ) OJ No  L 155, 3 . 7 . 1968 , p. 1 .
H    OJ No  L 264, 23 . 11.1 972, p . 1 .
(5)  OJ No  L 67, 15 . 3 . 1976, p . 4 .
(b)  OJ No  L 289 , 27 . 12. 1972 , p . 13 .                         ( 7 ) OJ No L 25 , 31 . 1 . 1975 , p . 10 .
 ---pagebreak--- 9 . 9 . 76                      Official Journal of the European Communities                                     No L 247/27
                                                      ANNEX I
           List of the adjustments applicable to refunds fixed in advance before 16 September 1976
           for certain products specified in Article 1 of Regulation ( EEC) No 804/68 , exported in their
                                        natural state on or after that date
                                                                                        Refund in u.a ./ 1 00 kg
                CCT heading No                      Description of goods                  net weight (unless
                                                                                         otherwise indicated)
            ex 04.01 A I a)       Other than whey                                             + 0-32
           ex 04.01 A 11          Other than whey, of a fat content, by weight :
                                  — Not exceeding 1-5%                                        + 01 1
                                  — Exceeding 1-5 % but not exceeding 3 %                     + 0-22
                                  — Exceeding 3 % but not exceeding 4 %                       + 0-32
                                  — Exceeding 4 %                                             + 0-39
           ex 04.01 B I           Other than whey, of a fat content, by weight :
                                  — Not exceeding 10 %                                        + 0-51
                                  — Exceeding 10 % but not exceeding 17%                      + 0-84
                                  — Exceeding 17%                                             +   1-30
           ex 04.01 B II          Other than whey, of a fat content, by weight :
                                  -— Not exceeding 3.5 %                                      +   1-57
                                  — Exceeding 35 % but not exceeding 39 %                     + 2-49
                                  — Exceeding 39 %                                            + 2-76
           ex 04.01 B III         Other than whey, of a fat content, by weight :
                                  — Not exceeding 68 %                                        +   3-16
                                  — Exceeding 68 % but not exceeding SO %                     + 4-67
                                  — Exceeding SO %                                            + 5-47
           04.02 A II             Of a fat content, by weight :
                                  — Not exceeding 1-5%                                        + 1-210
                                  — Exceeding 1-5% but not exceeding 11 %                     + 1-21 (')
                                  — Exceeding 11 % but not exceeding 17 %                     +   1-99
                                  — Exceeding 1 7 % but not exceeding 25 %                    + 2-37
                                  — Exceeding 25 % but not exceeding 27 %                     + 2-82
                                  — Exceeding 27 % but not exceeding 29 %                     + 2-94
                                  — Exceeding 29 % but not exceeding 41 %                     +   304
                                  —- Exceeding 41 %                                          +   3-74
           ex 04.02 A III         Of a fat content, by weight :
                                  — Exceeding 3 % but not exceeding 7-4 %                     +  0-49
                                  — Exceeding 7-4 % but not exceeding 8-9 %                  +   0-76
 ---pagebreak--- No L 247 / 28                   Official Journal of the European Communities                                  9 . 9 . 76
                                                                                      Refund ¡n u.a./ 1 00 kg
                 CCT heading No                     Description of goods                net weight (unless
                                                                                       otherwise indicated)
             ex 04.02 A III
            (cont'd)             — Exceeding 8-9 % but not exceeding 1 1 %               + 0-9 1
                                 — Exceeding 11 % but not exceeding 21 %                + 0-84
                                 — Exceeding 21 % but not exceeding 39 %                 +   1-57
                                 — Exceeding 39 % but not exceeding 45 %                + 2-76
                                 — Exceeding 45 %                                       + 3-16
            ex 04.02 B I b)      Other than whey, of a fat content, by weight :
                                 — Not exceeding 1-5%                                    4- 0-0121 (-)
                                                                                                kg
                                 — Exceeding 1-5% but not exceeding 11 %                + 0-0121 (-')
                                                                                               kg
                                 — Exceeding 11 % but not exceeding 17%                 + ()■() 1 99 (')
                                                                                               kg
                                 — Exceeding 17% but not exceeding 25 %                 + 0-0237 ( : )
                                                                                               kg
                                 — Exceeding 25 % but not exceeding 27 %                + 0-0282 (-)
                                                                                               k«
                                 — Exceeding 27 % but not exceeding 41 %                + 0 0294 (-')
                                                                                               kg
                                 — Exceeding 41 %                                       + 0-0374 (-')
                                                                                               kg
            ex 04.02 B II        Other than whey, of a fat content, by weight :
                                 — Not exceeding 6-9 % and of a lactic dry
                                     matter content, by weight, of 1 5 % or more        + 0-33          (-5 )
                                 — Exceeding 6-9 % but not exceeding 9-5 %
                                     and of a lactic dry matter content, by weight,
                                     of 1 5 % or more                                   + 0-93        (')
                                 — Exceeding 9-5 % but not exceeding 21 % and
                                     of a lactic dry matter content, by weight , less
                                     than 1 5 %                                         + 0 0084 (-')
                                                                                               kg
                                 — Exceeding 21 % but not exceeding 39 %                + 0-0 1 57 (-')
                                                                                               kg
                                 —- Exceeding 39 % but not exceeding 45 %               + 0-0276 (-)
                                                                                               kg
                                 — Exceeding 45 %                                       + 0-0316 (-)
                                                                                               kg
            ex 04.03             Of a fat content , by weight :
                                 — Of 62 % or more , but less than 78 %                     4*Λ 1
                                 — Of 78 % or more , but less than 80 %                -f-  v44
                                 — Of 80 % or more , but less than 82 %                +    5-58
 ---pagebreak--- 9 . 9 . 76                       Official Journal of the European Commuryties                                     No L 247/ 29
                                                                                           Refund in u.a./ 100 kg
               CCT heading No                         Description of goods                   net weight (unless
                                                                                            otherwise indicated)
           ex 04.03                — Of 82 % or more, but less than 99-5 %                       +   5-72
           (cont'd)
                                   — Exceeding 99-5 %                                           +   6-90
           ex 04.04 A II           Emmentaler and Gruyère                                        + 3-92
           ex 04.04 C              Other than Roquefort                                          + 3· 31
           ex 04.04 D II a) 1      Of a dry matter content, by weight :
                                   — Of 33 % or more, but less than 38 %                         +   1-21
                                   — Of 38 % or more, but less than 43 % and of a
                                       fat content, by weight, in the dry matter :
                                       — Less than 20 %                                          + 1-21
                                       — Of 20 % or more                                         +   1-80
                                   — Of 43 % or more and of a fat content, by
                                       weight, in the dry matter :
                                       — Less than 20 %                                          +   1-21
                                       —- Of 20 % or more but less than 40 %                     +   1-80
                                       — Of 40 % or more                                         + 2-67
           ex 04.04 D II a) 2      Of a dry matter content, by weight :
                                   — Of 33 % or more but less than 38 %                          +   1 21
                                   — Of 38 % or more but less than 43 %                          +   1-80
                                   — Of 43 % or more but less than 46 %                          +   2-67
                                   — Of 46 % or more and of a fat content, by
                                       weight, in the dry matter :
                                       — Less than 55 %                                         + 2-67
                                       — Of 55 % or more                                         + 3-16
           04.04 D II b)               — Exceeding 36 %                                         +   3-16
           ex 04.04 E I n ) I         — Of a f;it content not exceeding 40 % and of a
                                           water content calculated by weight, of the non­
                                           fatty matter not exceeding 40 %                      +   4-22
           ex 04.04 E I b) 1 bb)   Of a fat content, by weight, in the dry matter of
                                   48 % or more                                                 +   3-73
           ex 04.04 E I b) 5      Of a fat content , by weight, in the dry matter :
                                  — Less than 5 % and of a content , by weight, in
                                       the dry matter of 32 % or more                           4-  1-10
                                  — Of 5 % or more bui less than 19 % and of a
                                      content , by weight, in the dry matter of 32 %
                                      or  more                                                 +    1-94
 ---pagebreak--- No L 247/ 30                        Official Journal of the European Communities                                    9 . 9 . 76
                                                                                           Refund in u.a ./ 1 00 kg
                CCT heading <No                           Description of goods               net weight (unless
                                                                                            otherwise indicated)
            ex 04.04 E 1 b) 5         — Of 19 % or more but less than 39 % and of a
            (cunt 'd)                     water content, calculated by weight, of the
                                          non-fatty matter not exceeding 62 %                   +   2-63
                                      — Of 39 % or more :
                                          — Asiago , Caciocavallo, Provolone, Ragusano          +   3-87
                                          — Danbo, Edam , Fontal , Fontina , Fynbo,
                                              Gouda , Havarti , Maribo, Samsø, Tilsit           +   3-32
                                          — Butterkäse, Esrom , Italico , Kernhem , Saint­
                                              Nectaire , Saint-Paulin , Taleggio                + 2-87
                                          — Cantal                                              + 3-49
                                      — Salted Ricotta , of a fat content, by weight, of
                                          30 % or more                                          +    1-72
                                      — Feta                                                    +   2-78
                                      — Colby, Monterey                                         +   3-48
                                      — Other, of a        water content, calculated by
                                          weight, of the   non-fatty matter :
                                          — Exceeding      47 % but not exceeding 52 %           +   3-87
                                          — Exceeding      52 % but not exceeding 62 %          +   3-32
            04.04 E I c)              — Of a fat content , by weight, in the dry matter
                                          exceeding 70 %                                         +   2-67
                                      — Cottage cheese                                          + 0-63
            ex 04.04 E II a )         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 :
                                      — Of 80 % or more but less than 85 %                      +    1-96
                                      — Of 85 % or more but less than 95 %                      +   2-54
                                      — Of 95 % or more                                         +   2-93
             ex 2 .* .07 B' I a ) 3   Of a content , by weight , of milk powder of a fat
                                      content by weight of or less than 1 1 % excluding
                                      whey powder :
                                      — 30 10 % or more but less than 40 %                       + 0-39 O
                                      — 40 % or more but less than SO %                         + 0-51 ( ·»)
                                      — SO % or more but less than 60 %                         + 0-63 O
                                      — 60 % or more but less than 70 %                          + 0-75 O
                                      — 7 () % or more                                          + 0-87 O
             ex 2 VIT B I a ) 4        Ot a content , by weight , of milk powder of a fat
                                       content by weight of or less than I 1 % excluding
                                       whey powder :
                                       —   Ml 11" v or more but    less than 40 %                + 0-39 (-4 )
                                       — 40 " D or more but less than          SO " O            + 0-51 Π
 ---pagebreak--- 9 . 9 . 76                                   Official Journal of the European Communities                                                                 No L 247 / 31
                                                                                                                                  Refund in u.a./ 1 00 kg
                     CCT heading No                                    Description of goods                                         net weight (unless
                                                                                                                                   otherwise indicated)
           ex 23.07 B I a) 4                   — 50 % or more but less than 60 %                                                       + 0-63 Π
           (cont 'd)                            — 60 % or more but less than 70 %                                                      + 0-75 (4 )
                                                — 70 % or more but less than 75 %                                                      + 0-87 ( 4 )
                                                — 75 % or more but less than 80 %                                                      + 0-93 (·»)
                                                — 80 % or more                                                                         + 0-99 (4 )
           ex 23.07 B II                        Of a content, by weight, of milk powder of a fat
                                                content by weight of or less than 1 1 % excluding
                                                whey powder :
                                                — 50 % or more but less than 60 %                                                      + 0-63 n
                                                — 60 % or more but less than 70 %                                                      + 0-75 Π
                                                — 70 % or more but less than 80 %                                                      + 087 ( 4 )
                                                — 80 % or more                                                                         + 0-99 (4 )
           (') Thi > amount       not applicable tor exports carried out under Regulations ( EEC !) No 231 76 and ( [ i 1 ' C : ) No 2054 76 .
           ( 2 ) The weight of added non-lactic matter and lactose should be disregarded for the purpose of calculating fat content . The refund on
                   100 kg of product falling within this subheading is equal to the sum of the following components :
                  (a) the amount per kg shown , multiplied by the weight of milk and cream contained in 100 kg of product ;
                  (b) a component established in application of the provisions of Regulation ( EEC) No 766 / 68 ,
           (') The refund on 100 kg of product falling within this subheading is equal to the sum of the following components :
                  (a) the amount per 100 kg shown ; and
                  (b) a component established in application of the provisions of Regulation ( EEC) No 766 / 68 .
            ( 4 ) This amount is not applicable- tor exports ot these products containing skimmed-milk powder r purchased under Regulation ( EEC )
                   No 2054 /"' (v
            The weight of non-milk fat should be disregarded for the purposes of calculating fat content .
 ---pagebreak--- No L 247 / 32                      Official Journal of the European Communities                                9 . 9 . 76
                                                         A NX1EX II
             List of adjustments applicable to refunds fixed in advance before 16 September 1976 for
             the products indicated in Annex A to Regulation ( EEC ) No 2682 / 72 and specified in Arti­
             cle 1 of Regulation ( EEC ) No 804/68 , exported in the form of goods included in the Annex
                               to the latter Regulation on or after 16 September 1976
                                                                                            Adjustment in
                                                                                            u.a ./ 1 00 kg net
                CCT heading No                         Description of goods                 weight ( unless
                                                                                                otherwise
                                                                                                indicated )
             cx  04.02 A II       Milk powder, obtained by the spray process , of a fat
                                 content, by weight, less than 1 -5 % , and of a water
                                 content by weight less than 5 % ( PG 2)                        +      1-21
             ex  04.02 A 11      Milk powder, obtained by the spray process , of a fat
                                 content by weight , of 26 % and of a water content by
                                 weight less than .5 % ( PG 3)                                   + 2-82
             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 )        + 0-76
             ex  04.03            Butter, of a fat content , by weight , of 82 % ( PG 6)        + 5-72