31974R0326

No L 35/32 Official Journal of the European Communities 8 . 2 . 74

REGULATION (EEC) No 326/74 OF THE COMMISSION of 7 February 1974 fixing the refunds on milk and milk products exported in the natural state

THE COMMISSION OF THE EUROPEAN — the need to avoid disturbances on the Community COMMUNITIES, market ; and

Having regard to the Treaty establishing the European — the economic aspect of the proposed exports ; Economic Community ;

Whereas Article 3 (1 ) of Regulation (EEC) No 876/68 Having regard to Council Regulation (EEC) No provides that when prices within the Community are 804/68 (*) of 27 June 1968 on the common organiza­ being determined account should be taken of the tion of the market in milk and milk products, as last ruling prices which are most favourable for exporta­ amended by the Act (2) annexed to the Treaty (3) on tion, and that when prices in international trade are the Accession of new Member States to the European being determined particular account should be taken Economic Community and the European Atomic of : Energy Community, signed at Brussels on 22 January 1972, and in particular Article 17 (4) thereof ; (a) prices ruling on third country markets ;

Having regard to the Opinion of the Monetary (b) the most favourable prices in third countries of Committee ; destination for third country imports ;

Whereas Article 17 of Regulation (EEC) No 804/68 (c) producer prices recorded in exporting third coun­ provides that the difference between prices in interna­ tries, account being taken, where appropriate, of tional trade for the products listed in Article 1 of that subsidies granted by those countries ; and Regulation and prices for those products within the Community may be covered by an export refund ; (d) free-at-Community-frontier offer prices ;

Whereas Council Regulation (EEC) No 876/68 (4) of 28 June 1968 laying down general rules for granting Whereas Article 4 of Regulation (EEC) No 876/68 export refunds on milk and milk products and criteria provides that the world market situation or the for fixing the amount of such refunds, as amended by specific requirements of certain markets may ma|ee it Regulation (EEC) No 2429/72 (5), provides that when necessary to vary the refund on the products listed in the refunds on the products listed in Article 1 of Regu­ Article 1 of Regulation (EEC) No 804/68 according to lation (EEC) No 804/68 , exported in the natural state, destination ; are being fixed account must be taken of :

— the existing situation and the future trend with Whereas Article 5 ( 1 ) of Regulation (EEC) No 876/68 regard to prices and availabilities of milk and milk provides that the list of products on which export products on the Community market and prices for refunds are granted and the amount of such refunds milk and milk products in international trade ; should be fixed at least once every four weeks ; whereas the amount of the refund may, however, — marketing costs and the most favourable transport remain at the same level for more than four weeks ; charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the Whereas Article 2 of Commission Regulation (EEC) market of the country of destination ; No 1098/68 (6) of 27 July 1968 on detailed rules for the application of export refunds on milk and milk — the aims of the common organization of the products, as last amended by the Act annexed to the market in milk and milk products which are to Treaty on the Accession of new Member States to the ensure equilibrium and the natural development European Economic Community and the European of prices and trade on this market ; Atomic Energy Community, signed at Brussels on 22 January 1972, provides that the refund on products (!) OJ No L 148 , 28 . 6 . 1968, p. 13 . falling within subheading No 04.02 B is equal to the (2) OJ No L 73, 27. 3 . 1972, p. 14. sum of two components, the first representing the 3 OJ No L 73, 27. 3 . 1972, p. 5. (4) OJ No L 155, 3 . 7. 1968 , p . 1 . (s) OJ No L 264, 23 . 11 . 1972, p. 1 . (6) OJ No L 184, 29. 7. 1968, p. 10.

8 . 2. 74 Official Journal of the European Communities No L 35/33

quantity of milk products and the second representing — for other currencies an exchange rate based on the the quantity of added sucrose ; whereas, however, the arithmetic mean of the spot market rates of each latter component applies only if the added sucrose of these currencies recorded for a given period, in was produced from beet or cane harvested within the relation to the Community currencies referred to Community ; in the previous subparagraph ;

Whereas for the products falling within subheading Whereas it follows from applying these rules to the No 04.02 B II a) or 04.02 B II b) 1 with a fat content present situation on the market in milk and milk not exceeding 9-5 % by weight the first component products, and in particular to prices for these products referred to above is fixed for 100 kg of the whole within the Community and on the world market, that product ; whereas for the other products falling within the refund should be fixed at the amounts shown in subheading No 04.02 B this component is calculated the Annex to this Regulation ; by multiplying the basic amount by the milk product Whereas the measures provided for in this Regulation content of the product in question ; whereas this basic are in accordance with the Opinion of the Manage­ amount is the refund on 1 kilogramme of milk ment Committee for Milk and Milk Products, products contained in the product ;

Whereas the second component is calculated by multi­ plying the sucrose content of the product by the basic HAS ADOPTED THIS REGULATION : amount of the refund valid on the day of exportation for the products listed in Article 1 ( 1 ) (d) of Council Article 1 Regulation No 1009/67/EEC (*) of 18 December 1967 on the common organization of the market in sugar, The refunds referred to in Article 17 of Regulation as last amended by Regulation (EEC) No 1928/73 (2) ; (EEC) No 804/68 on products exported in the natural state are hereby fixed at the amounts shown in the Whereas, if the refund system is to operate normally, Annex . refunds should be calculated on the following basis : — in the case of currencies which are maintained in Article 2 relation to each other, at any given moment, within a band of 2*25 % , a rate of exchange based This Regulation shall enter into force on 8 February on their effective parity ; 1974 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 7 February 1974. For the Commission

P.J. LARDINOIS Member of the Commission

> (») OJ No 308 , 18 . 12. 1967, p. 1 . i (2) OJ No L 199, 19 . 7 . 1973, p. 7.

No L 35 /34 Official Journal of the European Communities 8 . 2 . 74

ANNEX

Refund CCT ( in u.a ./100 kg heading Description of goods Code net weight No unless otherwise indicated)

04.01 Milk anid cream, fresh, not concentrated or sweetened :

ex A. Other than whey, of a fat content, by weight, not exceeding 6 % :

I. Yoghourt, képhir, curdled milk, buttermilk and other fermented or acidified milk : a) In immediate packings of a net capacity of 2 litres or less 0110 00 2-47 b) Other 0120 00 — II . Others : a) In immediate packings of a net capacity of 2 litres or less and of a fat content, by weight : 1 . Not exceeding 4 % : (aa) of a fat content, by weight, not exceeding 1·5 % 0130 10 for exports ' to : — countries near the Community 2-00 — other destinations 2-42 (bb) of a fat content, by weight, exceeding 1*5 % but not exceeding 3 °/o 0130 22 for exports to : — countries near the Community 2-54 — other destinations ' 3-64 0130 31 (cc) of a fat content, by weight, exceeding 3 °/o for exports to : — countries near the Community 3-57 — other destinations 5-35 2 . Exceeding 4 % 0140 00 for exports to : — countries near the Community 3-55 — other destinations 4-65 b) Other, of a fat content, by weight : 1 . Not exceeding 4 % : ( aa) q.f a fat content, by weight, not exceeding 1-5 °/o 0150 10 1-59 ( bb) of a fat content, by weight, exceeding 1·5 °/o but not exceeding 3 °/o 0150 21 2-40 (cc) of a fat content, by weight, exceeding 3 % 0150 31 2-40 2. Exceeding 4 % 0160 00 2-40

ex B. Other, excluding whey, of a fat content, by weight : ex I. Exceeding 6 °/o but not exceeding 21 % : ( a) of a fat content, by weight, exceeding 10°/o but not exceeding 17% 0200 10 13-42 ( b) of a fat content, by weight, exceeding 17 % 0200 20 21-96 II. Exceeding 21 % but not exceeding 45 °/o : ( a) of a fat content, by weight, not exceeding 39 % 0300 10 26-84 (b) of a fat content, by weight, exceeding 39 % 0300 20 48-80

8 . 2 . 74 Official Journal of the European Communities No L 35 /35

Refund CCT (in u.a. /lOO kg heading Description of goods Code net weight No unless otherwise indicated)

04.01 III . More than 45 °/o : (cont'd ) 0400 11 56-12 ( a ) Of a fat content, by weight, not exceeding 68 °/o (b ) Of a fat content, by weight, exceeding 68 °/o 0400 21 84-18

04.02 Milk and cream, preserved, concentrated or sweetened : A. Not containing added sugar :

II . Milk and cream , in powder or granules : a) In immediate packings of a net capacity of 2-5 kg or less and of a fat content, by weight : 1 . Not exceeding 1-5 % : ( aa) in immediate packings of a net capacity of 1 kg or less 0620 10 for exports to : — Zone E — other destinations 10-00 (bb) In hermetically sealed cans of a net capacity of over 1 kg 0620 15 for exports to : — Zone E — other destinations 10-00 (cc) Other 0620 21 for exports to : — Zone E — other destinations •00 2 . Exceeding 1-5 % but not exceeding 27% : ( aa) of a fat content, by weight, not exceeding 11 °/o : ( 111 ) in immediate packings of a net capacity of 1 kg or less 0720 11 for exports to : — Zone E — other destination 10-00 (222 ) In hermetically sealed cans of a net capacity of over 1 kg 0720 15 for exports to : — Zone E — other destination 10-00 (333 ) Other 0720 17 for exports to : — Zone E — other destination 8-00 (bb) of a fat content, by weight, exceeding 11 % but not exceeding 17% 0720 20 21-44 ( cc) of a fat content, by weight, exceeding 17 % but not exceeding 25 % 0720 30 29-66 ( dd) of a fat content, by weight, exceeding 25 % 0720 40 40-62 3 . Exceeding 27 % but not exceeding 29 % 0820 00 43-36 4. Exceeding 29 % : ( aa) of a fat content, by weight, not exceeding 41 % 0920 10 46-10 (bb) of a fat content, by weight, exceeding 41 % 0920 20 62-54 b ) Other, of a fat content, by weight : 1 . Not exceeding 1-5 % 1020 00 for exports to : — Zone E — other destination •00 2 . Exceeding 1-5 % but not exceeding 27 % : ( aa) of a fat content, by weight, not exceeding 11 % 1120 10 for exports to : — Zone E — other destinations 8-00 (bb ) of a fat content, by weight, exceeding 11 % but not exceed­ 1120 20 21-44 ing 17% ( cc) of a fat content, by weight, exceeding 17 % but not exceed­ 1120 30 29-66 ing 25 % ( dd) of a fat content, by weight, exceeding 25 °/o 1120 40 40-62 3 . Exceeding 27 % but not exceeding 29 % 1220 00 43-36 4. Exceeding 29 % : ( aa) of a fat content, by weight, not exceeding 41 % 1320 10 46-10 (bb) of a content, by weight, exceeding 41 °/o 1320 20 62-54

No L 35 /36 Official Journal of the European Communities 8 . 2 . 74

Refund CCT (in u.a. /lOO kg heading Description of goods Code net weight No unless otherwise indicated)

04.02 III. Milk and cream, other than in powxler or granules : (cont'd ) a) In hermetically sealed cans of a net capacity of 454 g or less or in glass containers containing 0*5 litres or less and of a fat content, by weight, not exceeding 11 %> : ex 1 . Of a fat content, by weight, not exceeding 8*9 °/o ( aa) of a fat content, by weight, exceeding 3 %> but not ex­ ceeding 7-4 % 1420 11 8-77 ( bb) of a fat content, by weight, exceeding 7-4 °/o 1420 21 11-96 2 . Other 1520 00 14-20 b) Other, of a fat content, by weight : ex 1 . Not exceeding 45 % : ( aa) of a fat content, by weight, exceeding 3 %> but not exceeding 7-4 °/o 1620 11 8-77 (bb) of a fat content, by weight, exceeding 7-4 °/o but not exceeding 8-9 °/o 1620 21 11-96 (cc) of a fat content, by weight, exceeding 8-9 °/o but not exceeding 1 1 °/o 1620 30 14-20 (dd) of a fat content, by weight, exceeding 11 %> but not exceeding 21 °/o 1620 40 13-42 (ee) of a fat content, by weight, exceeding 21 °/o but not exceeding 39 %> 1620 50 26-84 (ff) of a fat content, by weight, exceeding 39 °/o 1620 60 48-80 2 . Exceeding 45 °/o 1720 00 56-12

B. Containing added sugar : I. Milk and cream, in powder oor granules : ex b) Other, excluding whey : 1 . In immediate packings of a net capacity of 2-5 kg or less and of a fat content, by weight : aa) Not exceeding 1-5 °/o 2220 00 For exports to : — Zone E -n per kg — other destinations 0-1000 (') per kg bb) Exceeding 1-5 % but not exceeding 27 °/o : ( 11 ) of a fat content, by weight, not exceeding 11 °/o 2320 10 For exports to : — Zone E -(') per kg — other destinations 0-1000 (') per kg (22 ) of a fat content, by weight, exceeding 11% but not exceeding 17 °/o 2320 20 0-2144 (M per kg (33 ) of a fat content, by weight, exceeding 17 °/o but not exceeding 25 °/o 2320 30 0-2966 (') per kg (44) of a fat content, by weight exceeding 25 °/o 2320 40 0-4062 (») per kg cc) Exceeding 27 % : ( 11 ) of a fat content, by weight, not exceeding 41 °/o 2420 10 0-4336 (*) per kg (22 ) of a fat content, by weight, exceeding 41 % 2420 20 0-6254 (») per kg 2 . Other, of a fat content, by weight : aa ) Not exceeding 1-5 °/o 2520 00 For exports to : — Zone E -n per kg — other destinations 0-0800 (M

8 . 2 . 74 Official Journal of the European Communities No L 35 /37

Refund CCT (in u. a. / 100 kg heading Description of goods Code net weight No unless otherwise indicated)

bb ) Exceeding 1-5 % but not exceeding 27°/o : 04.02 (cont'd ) ( 11 ) of a fat content, by weight, not exceeding 11 % 2620 10 For exports to : — Zone E -i 1 ) per kg — other destinations 0-0800 ( x ) per kg (22) of a fat content, by weight, exceeding 1 1 °/o but not exceeding 17 % 2620 20 0-2144 (») per kg (33 ) of a fat content, by weight, exceeding 17% but not exceeding 25 % 2620 30 0-2966 (!) per kg (44) of a fat content, by weight, exceeding 25 % 2620 40 0-4062 H per kg cc) Exceeding 27 % :

( 11 ) of a fat content, by weight not exceeding 41 e/o 2720 10 0-4336 C ) per kg 2720 20 0-6254 (») I (22) of a fat content, by weight, exceeding 41 °/o per kg

ex II . Milk and cream , excluding whey other than in powder or granules :

ex a) In hermetically sealed cans of a net capacity of 454 g or less and of a fat content, by weight, not exceeding 9-5 °/o :

( 1 ) of a fat content, by weight, not exceeding 6-9 % and of a lactic dry matter content, by weight of 15 °/o or more 2810 10 7-27 (2)

( 2 ) of a fat content, by weight, exceeding 6-9 % and of a lactic dry matter content, by weight of 15 % or more 2810 20 14-68 (2 )

b ) Other, of a fat content, by weight :

ex 1 . Not exceeding 45 °/o : (aa) of a fat content, by weight, not exceeding 6*9 % and of lactic dry matter content, by weight of 15 °/o or more 2910 70 7-27 (*)

( bb ) of a fat content, by weight, exceeding 6-9 % but not exceeding 9*5 % and of a lactic dry matter content, by weight, of 15 % or more 2910 75 14-68 (2) ( cc) of a fat content, by weight, exceeding 9-5 % but not exceeding 21 % and of a lactic dry matter content, by weight, less than 15 % 2910 80 0-1342 i 1 ) per kg ( dd ) of a fat content, by weight, exceeding 21 % but not exceeding 39 % 2910 85 0-2684 (') per kg ( ee) of a fat content, by weight, exceeding 39 °/o 2910 90 0-4880 i1 ) per kg 2 . Exceeding 45 % 3010 00 0-5612 (!) per kg

04.03 Butter : ex A. Of a fat content, by weight, not exceeding 85 °/o : 3110 05 (I ) of a fat content, by weight, of 62 °/o or more, but less than 78 °/o for exports to : — Canada, Zone E (4), Mexico and Peurto Rico 52-90 — other destinations 75-60

No L 35 /38 Official Journal of the European Communities 8 . 2. 74

Refund CCT (in u.a ./100 kg heading Description of goods Code net weight No unless otherwise indicated)

04.03 (II ) of a fat content, by weight, of 78 % or more, but less than 80 % 3110 16 ( cont'd ) for exports to : — Canada, Zone E (4), Mexico and Peurto Rico 66-60 — other destinations 95-10 (III) of a fat content, by weight, of 80% or more, but less than 82% 3110 22 for exports to : 68-30 — Canada, Zone E (4), Mexico and Peurto Rico 97-60 ' — other destinations ( IV) of a fat content, by weight, of 82 % or more 3110 32 for exports to : — Canada, Zone E (4), Mexico and Peurto Rico 70-00 — other destinations 100-00

B. Other, of a fat content, by weight : (I) Not exceeding 99-5 % 3210 10 for exports to : 70-00 — Canada, Zone E (4), Mexico and Peurto Rico 100-00 — other destinations (II ) Exceeding 99-5 % 3210 20 for exports to : — Canada, Zone E (4), Mexico and Peurto Rico 85-00 — other destinations 132.00

04.04 Cheese and curd : ex A. Emmentaler and Gruyère, not grated or powdered : II . Other 3800 00 for exports to : — Zone D 15-00 — Zone E (4) 47-46 — Liechtenstein and Switzerland — Austria 29-80 — other destinations 57-46

ex C. Blue-veined cheese, not grated or powdered, other than Roquefort : 4000 00 for exports to : — Zone E (4) 35-00 — other destinations 47-42 D. Processed cheese, not grated or powdered : II. Other, of a fat content, by weight : a) Not exceeding 36% and of a fat content, by weight, referred to dry matter : ex 1 . Not exceeding 48 % and of a content, by weight, referred to dry matter : 4410 10 ( aa) Of 33 % or more but less than 38 % for exports to : — Zone D 7-00 — Switzerland 14-00 — other destinations 20-78 (bb) Of 38 % or more but less than 43 % and of a fat content, by weight, referred to dry matter : 4410 20 ( 11 ) Less than 20 % for exports to : — Zone D 7-Û0 — Switzerland 14-00 — other destinations 20-78

8 . 2 . 74 Official Journal of the European Communities No L 35/39

Refund CCT (in u.a./ lOO kg heading Description of goods Code net weight No unless otherwise indicated)

04.04 (22) Of 20 % or more 4410 30 (cont'd) for exports to : — Zone D 9-30 — Switzerland 20-00 — other destinations 29-43 ( cc) Of 43 %> or more and of a fat content, by weight, referred to dry matter : ( 11 ) Less than 20 °/o 4410 40 for exports to : — Zone D 7-00 — Switzerland 14-00 — other destinations 20-78 4410 50 (22) Of 20 °/o or more but less than 40 % for exports to : — Zone D 9-30 — Switzerland 20-00 — other destinations 29-43 (33 ) Of 40 % or more 4410 60 for exports to : — Zone D 12-70 — Switzerland 26-70 — other destinations 48-44

ex 2 . Exceeding 48 °/o and of a content, by weight, referred to dry matter :

( aa) Of 33 °/o or more but less than 38 °/o 4510 10 for exports to : — Zone D 7-00 — Switzerland 14-00 — other destinations 20-78

( bb) Of 38 °/o or more but less than 43 °/o 4510 20 for exports to : — Zone D 9-30 — Switzerland 20-00 — other destinations 29-43 ( cc) Of 43 % or more but less than 46 % 4510 30 for exports to : — Zone D 12-70 — Switzerland 26-70 — other destinations 48-44

( dd) Of 46% or more and of a fat content, by weight, referred to dry matter : ( 11 ) Less than 55 % 4510 40 for exports to : — Zone D 12-70 — Switzerland 26-70 — other destinations 48-44

No L 35 /40 Official Journal of the European Communities 84 2 . 74

Refuftd CCT (in u.a. /lOO kg heading Description of goods Code net weight No unless otherwise indicated)

04.04 (22) Of 55 °/o or more 4510 50 (cont'd) for exports to : — Zone D 14-70 — Switzerland 31-00 — other destinations 56-05 b ) Exceeding 36 °/o 4610 00

for exports to : — Zone D 14-70 — Switzerland 31-00 — other destinations 56-05 E. Other :

I. Not grated or powdered, of a fat content, by weight, not exceeding 40 °/o and a water content, calculated by weight, of the not-fatty matter : ex a) Not exceeding 47 % :

( 1 ) Grana, Parmigiano Reggiano 4710 11 for exports to : 49-38 — Zone E (4) 64-38 — other destinations

2) Fiore Sardo, Pecorino 4710 16 for exports to : 69-38 — Zone E (4 ) 79-38 — other destinations (3 ) Other, of a fat content, by weight, referred to dry matter of 30 % or more 4710 21 for exports to : 49-38 — Zone E (4) 64-38 — other destinations b ) Exceeding 47 °l0 but not exceeding 72 °/o : ex 1 . Cheddar, including Chester of a fat content, by weight , referred to dry matter of 48 °/o 4810 30

for exports to : — Zone D 15-00 — Switzerland 12-00 — Zone E (4) 33-00 — other destinations 53-59

ex 5 . Other, of a fat content, by weight, referred to dry matter : (aa) Less than 5 °/o and of a content, by weight referred to dry matter of 32 °/o or more 5120 11 22-00

(bb ) Of 5 °/o or more but less than 19 °/o and of a content, by weight, referred to dry matter of 32 °/o or more 5120 15

far exjports to : .— Zone E (4 ) — other destinations 26-00 31-00 (cc) Of 19 %> or more but less than 39 % and of a water content, calculated by weight, of the non-fatty matter not exceeding 62 °/o 5120 21 for exports to : — Zone E (4 ) 30-00 — Switzerland 1-00 — other destinations 41-89

8 . 2 . 74 Official Journal of the European Communities No L 35/41

Refund CCT (in u.a./100 kg Description of goods Code heading net weight No unless otherwise indicated)

04.04 (cont'd ) ( dd) Of 39 %> or more :

( 11 ) Asiago, Caciocavallo, Provolone, Ragusano 5120 31 for exports to :

— Zone E (4) 42-38 — Switzerland 100 — other destinations 54-38

22) Danbo, Edam, Fontal, Fontina, Fynbo, Gouda, Havarti, Maribo, Samsø, Tilsit 5120 44

for exports to : — Zone D 13-00 — Zone E (4) 3Ò-00 — Switzerland 1-00 — other destinations 48-91

(33 ) Butterkäse, Esrom, Italico, Kernhem, Saint-Nec­ taire, Saint-Paulin, Taleggio 5120 54

for exports to : — Zone D 13-00 — Zone E (4) 30-00 — Switzerland 1-00 — other destinations 42-28

44) Cantal , Colby, Monterey 5120 57 for exports to : — Zone D " 15-00 — Zone E (4) 33-00 — Switzerland 1-00 — other destinations 53-59

(55 ) Other, of a water content, calculated by weight, of the non-fatty matter : 5120 62 ( aaa) Exceeding 47 °/o but not exceeding 52 °/o

for exports to : — Zone E (4) 42-38 — Switzerland 1-00 — other destinations <4-38

(bbb ) Exceeding 52 % but not exceeding 62 °/o 5120 72

for exports to : — Zone D 13-00 — Zone E (4) 30-00 — Switzerland 1-00 — other destinations 48-91

No L 35 /42 Official Journal of the European Communities 8 . 2 . 74

Refund CCT (in u. a. /100 kg heading Description of goods Code net weight No unless otherwise indicated)

04.04 II . Other : (cont'd ) ex a) Grated or powdered, of a dry matter content, by weight, of 85 % or more, of a fat content by weight exceeding 20 °/o and of a lactose content by weight, less than 5 % 5310 00 4800

23.07 Sweetened forage ; other preparations of a kind used in animal feeding :

ex B. Other, containing starch, glucose or glucose syrup falling within sub­ headings Nos 17.02 B and 17.05 B, or milk products, excluding special compound feedingstuffs (3) :

I. Containing starch, or glucose or glucose syr»p :

a) Containing no starch or containing 10% or 1err by weight of starch :

3 . Containing 50 % or more but less than 75 % by weight of milk products and containing, by weight, of skimmed-milk powder falling within subheading 04.02 A II b) 1

( aa) less than 30 % 5700 11 —

( bb) 30 % or more but less than 40 % 5700 21 3-20 (cc) 40 % or more but less than 50 % 570031 4-20

( dd) 50 % or more but less than 60% 5700 40 5-20

(ee) 60 % or more but less than 70 % 5700 50 6-20

(ff) 70 % or more 5700 60 7-20

4. Containing 75 % or more by weight of milk products and con­ taining, by weight, of skimmed-milk powder railing within sub­ heading 04.02 A II b) 1 .

— ( aa) less than 30% 5800 11

( bb) 30% or more but less than 40 % 5800 21 3-20 (cc) 40 % or more but less than 50 % 5800 30 4-20

( dd) 50 % or more but less than 60 % 5800 40 5-20 (ee) 60 % or more but less than 70 % 5800 50 6-20

( ff) 70 % or more but less than 75 % 5800 60 7-20

(gg) 75 % or more but less than 80 % 5800 70 7-70 (hh) 80 % or more 5800 80 8-20

II. Containing no starch, glucose or glucose syrup, but containing milk products, containing, by weight, slrimmed-milk powder falling within subheading 04.02 A II b) 1 :

(a) 50 % or more but less than 60 % 5900 10 5-20 (b) 60 % or more but less than 70 % 5900 20 6-20

(c) 70% or more but less than 80 % 5900 30 7-20

5900 40 8-20 (d) 80 % or more |

8 . 2. 74 Official Journal of the European Communities No L 35/43

(') 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 calculated in accordance with the provisions of Ar tide 2 (3) Regulation (EEC) No 1098/68 . (*) 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 calculated in accordance with the provisions of Article 2 (3) of Regulation (EEC) No 1098/68 . (') 'Special compound feedingstuffs ' are feedingstuffs containing : (a) skimmed-milk powder, (b) fish meal and (c) active carbon or a mixture of tartazine yellow (E102) and patent blue V ( E131 ) or cochienal red A (E124) or patent blue V (E131 ). (4) Zone E = Territories of the United States of America on the American continent , including Hawaii . N.B. : For the purposes of this Regulation 'countries near the Community' means : Zone D , Austria, Liechtenstein , Switzerland , Yugoslavia plus the destinations indicated in Article 2 of Regulation No 1041 /67/ EEC . Zones A , B , C , D and E are those defined in Regulation (EEC) No 1098/68 as amended ( OJ No L 184 , 29 . 7. 1968 , p. 10).

The weight of non-milk fat should be disregarded for the purposes of calculating fat content.