Council Regulation (EEC) No 1037/78 of 22 May 1978 amending the Annex to Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products

( 1 ) OPINION DELIVERED ON 12 MAY 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).
( 2 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .
( 3 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .
COUNCIL REGULATION ( EEC ) NO 1037/78
OF 22 MAY 1978
AMENDING THE ANNEX TO REGULATION ( EEC ) NO 804/68 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),
WHEREAS , UNDER ARTICLE 17 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 3 ), REFUNDS MAY BE GRANTED TO THE EXTENT NECESSARY TO ENABLE SUCH PRODUCTS TO BE EXPORTED EITHER IN UNPROCESSED FORM OR IN THE FORM OF GOODS LISTED IN THE ANNEX ;
WHEREAS , IN VIEW OF THE DEVELOPMENT OF MILK PRODUCT PRICES IN INTERNATIONAL TRADE , PROVISION SHOULD BE MADE FOR THE POSSIBILITY OF GRANTING REFUNDS FOR MILK PRODUCTS INCORPORATED IN GOODS FALLING WITHIN HEADING NO 22.09 OF THE COMMON CUSTOMS TARIFF , SO AS TO ENABLE INDUSTRIES EXPORTING SUCH GOODS TO USE MILK PRODUCTS OF COMMUNITY ORIGIN ; WHEREAS , TO THIS END , AN ADDITION SHOULD BE MADE TO THE ANNEX TO REGULATION ( EEC ) NO 804/68 ;
WHEREAS FURTHERMORE THE COMPLETE HEADING NO 21.07 IS INCLUDED IN THIS ANNEX ; WHEREAS IN THE NEW CUSTOMS NOMENCLATURE FOR AGRICULTURAL PRODUCTS , ADOPTED IN ACCORDANCE WITH THE RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL , THE PRODUCTS WHICH FELL WITHIN SUBHEADING 17.05 A ARE HENCEFORTH CLASSIFIED UNDER THE NEW SUBHEADING 21.07 F ; WHEREAS SUBHEADING 17.05 A WAS NOT INCLUDED IN THE ANNEX TO REGULATION ( EEC ) NO 804/68 AND NO REFUND WAS GRANTED UNDER THIS REGULATION FOR MILK PRODUCTS EXPORTED IN THE FORM OF GOODS FALLING WITHIN THIS SUBHEADING ; WHEREAS , CONSEQUENTLY , FOR THE SAKE OF CLARITY OF INTERPRETATION , SUBHEADING 21.07 F MUST BE EXCLUDED FROM THE ANNEX TO REGULATION ( EEC ) NO 804/68 ;
WHEREAS , FOR THE SAME REASONS OF CLARITY , THIS ANNEX SHOULD BE REPLACED BY A NEW TEXT ,