31975R1098

29 . 4 . 75 Official Journal of the European Communities No L 109/ 15

REGULATION ( EEC) No 1098 / 75 OF THE COMMISSION

of 28 April 1975

fixing the rates of the refunds applicable from 1 May 1975 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 ;

(c) the need to ensure equality of competition for the Having regard to the Treaty establishing the European industries which use Community products and Economic Community ; 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 organiza­ tion 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 740/75 (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 (3) 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, specifies the products for certain conditions set out in Article 1 of Council Regu­ which a rate of refund should be fixed, to be applied lation (EEC) No 987/68 (4) of 15 July 1968 laying where these products are exported in the form of down general rules for granting aid for skimmed milk goods listed in the Annex to Regulation ( EEC) No processed into casein or caseinates as last amended by 804/ 68 ; the Act of Accession (5) ; whereas, pursuant to Article 1 (2) (b) of Regulation ( EEC) No 2682/72, skimmed milk thus defined is assimilated to milk powder Whereas, in accordance with the first subparagraph of complying with the definition of the pilot products Article 4 ( 1 ) of Regulation ( EEC) No 2682/72, the rate Group No 2 listed in Annex I to Council Regulation of the refund per 100 kg for each of the basic (EEC) No 823/68 (6) of 28 June 1968 determining the products in question must be fixed for each month ; groups of products and the special provisions for calcu­ lating levies on milk and milk products, as last amended by Regulation (EEC) No 823/75 (7) ; whereas Whereas, in accordance with paragraph 2 of that a rate of refund should be fixed for this milk powder ; Article, that rate must be determined with particular reference to :

Whereas Article 2 of Commission Regulation ( EEC) (a) the average costs incurred by processing industries No 756/70 (s) of 24 April 1970 on granting aid for in obtaining supplies of the basic products in ques­ skimmed milk processed into casein or caseinates, as tion on the Community market and the prices last amended by Regulation (EEC) No 533/75 (9), fixes ruling on the world markets ; the aid per 100 kg of skimmed milk processed into casein or caseinates according to type ;

(b) the level of the refunds on exports of processed (4 ) OJ No L 169 , 18 . 7 . 1968 , p. 6 . agricultural products covered by Annex II to the 5 ) OJ No L 73 , 27 . 3 . 1972, p . 14. 6) OJ No L 151 , 30 . 6 . 1968 , p. 3 . (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . 7) OJ No L 79, 28 . 3 . 1975, p. 3 . (2 ) OJ No L 74, 22. 3 . 1975, p. 1 . s) OJ No L 91 , 25 . 4. 1970 , p . 28 . (3 ) OJ No L 289 , 27 . 12. 1972, p . 13 . 9 ) OJ No L 56, 3 . 3 . 1975, p. 24 .

No L 109 / 16 29 . 4 . 75 Official Journal of the European Communities

Whereas Commission Regulation (EEC) No Whereas the measures provided for in this Regulation 1259/72 (*) of 16 June 1972 on the disposal of butter are in accordance with the Opinion of the Manage­ at a reduced price to certain Community processing ment Committee for Milk and Milk Products, undertakings, as last amended by Regulation (EEC) No 28 1 9/74 (2) and Commission Regulation (EEC) No HAS ADOPTED THIS REGULATION : 232/75 (3) of 30 January 1975 on the sale of butter at reduced prices for use in the manufacture of pastry Article 1 products and ice cream, as amended by Regulation 1 . Under the provisions of Article 28 of Regulation (EEC) No 522/75 (4), authorizes the delivery to indus­ (EEC) No 1519/72 the rates of the refunds applicable tries manufacturing the goods falling within heading from 1 May 1975 to the basic products appearing in No 19.08 or subheadings 18.06 B, 21.07 C and 'ice Annex A to Regulation (EEC) No 2682/72 and listed mix', or subheadings 18.06 D and ex 21.07 of the in Article 1 of Regulation (EEC) No 804/68, exported Common Customs Tariff, of butter at a reduced price in the form of goods listed in the Annex to Regula­ under a standing invitation to tender ; tion (EEC) No 804/ 68 , are hereby fixed as shown in Whereas, according to Article 28 of Commission the Annex to this Regulation . Regulation (EEC) No 1519/72 (5) of 14 July 1972 2. No rates of refund are fixed for any of the concerning selling butter at a reduced price for the products referred to in the preceding paragraph which purpose of exporting certain mixtures of fats, as last are not listed in the Annex to this Regulation . amended by Regulation (EEC) No 2904/73 (6), no export refund can be granted for the butter incorpor* Article 2 ated in the products referred to in Article 19 of that Regulation ; This Regulation shall enter into force on 1 May 1975.

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

Done at Brussels, 28 April 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission

(!) OJ No L 139 , 17 . 6 . 1972, p. 18 . (2) OJ No L 301 , 9 . 11 . 1974, p. 21 . (3) OJ No L 24, 31 . 1 . 1975, p. 45 . (4) OJ No L 55, 1 . 3 . 1975, p. 69 . (5) OJ No L 162, 18 . 7. 1972, p. 1 . (6) OJ No L 298 , 26 . 10 . 1973, p . 23

29 , 4. 75 Official Journal of the European Communities No L 109/17

ANNEX

to the Commission Regulation of 28 April 1975 fixing the rates of the refunds applicable from 1 May 1975 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

(in u.a. /100 kg)

CCT Rate of the heading Description of goods 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 °/o by weight (PG 2) :

— a) On exportation of goods of CCT heading No 35.01

b ) On exportation of other goods 35-50

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 ) 54-00

ex 04.02 A III Concentrated milk, with a fat content by weight of 7-5 %> and a content by weight in dry matter equal to 25 %> ( PG 4) 14-33

ex 04.03 Butter, with a fat content by weight of 82 °/o (PG 6) :

a) On exportation of goods of CCT heading No 19.08 or of subheadings 18.06 B and 21.07 C, and 'ice mix' of CCT subheadings 18.06 D and ex 21.07 manufactured under the conditions laid down in Article 6 of Regu­ lation (EEC) No 1259/72 and Regulation (EEC) No 232/75

b) On exportation of other goods 81-05