31975R2429

25 . 9 . 75 No L 249/9 Official Journal of the European Communities

REGULATION ( EEC) No 2429/75 OF THE COMMISSION of 24 September 1975 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

THE COMMISSION OF THE EUROPEAN rules identical to those applicable in the case of COMMUNITIES, refunds fixed in advance for the relevant basic products exported in their natural state ; whereas it is Having regard to the Treaty establishing the European therefore appropriate to provide that refunds fixed in Economic Community ; advance for the said products may also be adjusted ; Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 804/68 (*) of 27 June 1968 on the common organiza­ are in accordance with the Opinion of the Manage­ tion of the market in milk and milk products, as last ment Committeee for Milk and Milk Products, amended by Regulation (EEC) No 740/75 (2), and in particular Article 1 7 (4) thereof ; HAS ADOPTED THIS REGULATION : Whereas, under the third subparagraph of Article 5 (3) of Council Regulation (EEC) No 876/68 (3) of 28 June Article 1 1968 laying down general rules for granting export refunds on milk and milk products and criteria for 1 . Refunds fixed in advance before 16 September fixing the amount of such refunds, as last amended by 1975 in respect of products as specified in Annexes I Regulation (EEC) No 2429/72 (4), refunds fixed in and II hereof exported on or after that date shall at advance may be adjusted where there is a change in the request of the party concerned be adjusted by the the intervention prices and in the amount of certain amounts fixed in those Annexes . aids ; 2 . The day to be taken into account in deter­ Whereas, in pursuance of Council Regulation (EEC) mining : No 469 /75 (5) of 27 February 1975, the intervention prices for butter are to be increased with effect from — the date of advance fixing, shall be the day within 16 September 1975 ; whereas the effect of the new the meaning of Article 6 ( 1 ) of Regulation (EEC) prices on the level of market prices is such that a No 193/75 (7) on which the application for the general adjustment of refunds fixed in advance for export licence was lodged, products containing butterfat seems justified ; — the date of exportation, shall be the day on which customs formalities as referred to in Article 9 (3) Whereas, in accordance with the fifth subparagraph of Article 5 (2) of Council Regulation (EEC) No (b) of Regulation (EEC) No 193/75 are completed. 2682/72 (6) of 12 December 1972 laying down general Article 2 rules for granting export refunds on certain agricul­ tural products exported in the form of goods not This Regulation shall enter into force on the third day covered by Annex II to the Treaty, and the criteria for following its publication in the Official Journal of fixing the amount of such refunds, refunds fixed in the European Communities. advance for the products specified in Annex A to the said Regulation are to be adjusted in accordance with It shall apply with effect from 16 September 1975.

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

Done at Brussels, 24 September 1975 . For the Commission P.J. LARDINOIS Member of the Commission

(') OJ No L 148 , 28 . 6*. 1968 , p. 13 . (2 ) OJ No L 74, 22 . 3 . 1975, p. 1 . (3 ) OJ No L 155, 30 . 6 . 1968 , p. 1 . (4) OJ No L 264, 23 . 11 . 1972, p. 1 . (5 ) OJ No L 52, 28 . 2. 1975, p. 17 . ( b) OJ No L 289, 27. 12. 1972, p. 13 . ( 7) OJ No L 25, 31 . 1 . 1975, p . 10 .

No L 249 / 10 Official Journal of the European Communities 25 . 9 . 75

ANNEX I

List of the adjustments applicable to refunds fixed in advance before 16 September 1975 for the 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. / lOO kg CCT heading No Description of goods net weight ( unless otherwise indicated)

ex 04.01 Ala ) Other than whey + 0-45

ex 04.01 A II Other than whey, of a fat content, by weight :

— — Not exceeding 1-5 °/o + 0-23 — Exceeding 1-5 % but not exceeding 3 %

+ 0-45 — Exceeding 3 °/o but not exceeding 4 °/o + 0-60 — Exceeding 4 °/o

ex 04.01 B I Other than whey, of a fat content, by weight :

— Not exceeding 10 °/o + 1-20 — Exceeding 10 °/o but not exceeding 17 % + 1 - 66

+ 2-71 — Exceeding 17 %

ex 04.01 B II Other than whey , of a fat content, by weight :

— Not exceeding 35 °/o + 3-31 — Exceeding 35 °/o but not exceeding 39 °/o + 5-42

— Exceeding 39 °/o + 6-02

ex 04.01 B III Other than whey , of a fat content, by weight :

— Not exceeding 68 %> + 6-93

+ 1 0-39 — Exceeding 68 %>

04.02 A II Of a fat content, by weight :

— — Not exceeding 1-5 °/o

— — Exceeding 1-5 % but not exceeding 11 % — Exceeding 11 °/o but not exceeding 17 °/o + 1-89

— Exceeding 17 °/o but not exceeding 25 °/o + 2-9 1

— Exceeding 25 °/o but not exceeding 27 °/o + 4-07

— Exceeding 27 °/o but not exceeding 29 °/o + 4-37

— Exceeding 29 % but not exceeding 41 % + 4-64

+ 6-5 1 — Exceeding 41 %

25 . 9 . 75 Official Journal of the European Communities No L 249/ 11

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

ex 04.02 A III Of a fat content, by weight :

— Exceeding 3 % but not exceeding 7-4 °/o + 0-48

— Exceeding 7-4 °/o but not exceeding 8-9 °/o + 1-15

— Exceeding 8*9 °/o but not exceeding 11 °/o + 1-37

— Exceeding 11 °/o but not exceeding 21 % + 1-66

— Exceeding 21 °/o but not exceeding 39 °/o + 3-31

— Exceeding 39 °/o but not exceeding 45 °/o + 6-02

— Exceeding 45 °/o + 6-93

ex 04.02 B I b) Other than whey, of a fat content, by weight :

— Not exceeding 1-5 % —k (1)kg

— Exceeding 1*5 °/o but not exceeding 11 % i (1)

— Exceeding 11 °/o but not exceeding 17 °/o + 0-0189(1 ) kg — Exceeding 17 °/o but not exceeding 25 % + 0-0291 (') kg — Exceeding 25 °/o but not exceeding 27 °/o + 0-0407 (M kg — Exceeding 27 °/o but not exceeding 41 °/o + 0-0437 (1 )

— Exceeding 41 % + 0-0651 ( i ) kg

ex 04.02 B II Other than whey, of a fat content, by weight :

— Not exceeding 6*9 % and of a lactic dry —( 2 ) matter content, by weight, of 15 % or more

— Exceeding 6-9 °/o but not exceeding 9-5 °/o + 1-37 (2) and of a lactic dry matter content, by weight, of 15 °/o or more

— Exceeding 9-5 %> but not exceeding 21 °/o + 0-0166 (!) kg and of a lactic dry matter content, by weight, less than 15 %>

— Exceeding 21 °/o but not exceeding 39 % + 0-0331 (!) kg — Exceeding 39 °/o but not exceeding 45 %> + 0-0602 (■) kg — Exceeding 45 %> + 0-0693 (') kg

No L 249/ 12 Official Journal of the European Communities 25. 9 . 75

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

ex 04.03 Of a fat content, by weight : + 9-34 — Of 62 %> or more, but less than 78 °/o + 117.5 — Of 78 °/o or more, but less than 80 % + 12-05 — Of 80 °/o or more, but less than 82 °/o + 12-35 — Of 82 °/o or more, but less than 99-5 °/o + 1 4-99 — Exceeding 99-5 °/o

ex 04.04 A II Emmentaler and Gruyère + 5-54

ex 04.04 C Other than Roquefort + 4-97

ex 04.04 D II a 1 Of a dry matter content, by weight :

— Of 33 % or more, but less than 38 °/o + 1-73

— Of 38 % or more, but less than 43 % and of a fat content, by weight, in the dry matter:

— Less than 20 °/o + I - 73

— Of 20 % or more + 2-64

— Of 43 % or more and of a fat content, by weight, in the dry matter :

— Less than 20 %> + 1 - 73

— Of 20 % or more but less than 40 °/o + 2-64 — Of 40 % or more + 3-97

ex 04.04 D II a) 2 ,Of a dry matter content, by weight:

— Of 33 % or more but less than 38 % + 1-73

—; Of 38 % or more but less than 43 % + 2-64

— Of 43 % or more but less than 46 °/o + 3-97

— Of 46 °/o or more and of a fat content, by weight, in the dry matter -.

— Less than 55 °/o + 3-97 — Of 55 °/o or more + 4-71

04.04 D II b) + 4-71

ex 04.04 E I a) Of a fat content, by weight, in the dry matter of 30 °/o or more + 5-27

25 . 9 . 75 Official Journal of the European Communities No L 249/ 13

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

ex 04.04 E I b) 1 bb) Of a fat content, by weight, in the dry matter of 48 °/o or more + 5-55

ex 04.04 E I b) 5 Of a fat content, by weight, in the dry matter:

— Less than 5 °/o and of a content, by weight, in the dry matter of 32 °/o or more

— Of 5 °/o or more but less than 19 °/o and of a content, by weight, in the dry matter of 32 % or more + 113 — Of 19 °/o or more but less than 39 %> and of a water content, calculated by weight, of the +-. 2-83 non-fatty matter not exceeding 62 %

— Of 39 % or more :

— Asiago, Caciocavallo, Provolone, Ragu­ sano + 5-81 — Danbo, Edam, Fontal, Fontina, Fynbo, + 4-64 Gouda, Havarti, Maribo, Samsø, Tilsit

— Butterkase, Esrom, Italico, Kernhem, Saint-Nectaire, Saint-Paulin, Taleggio + 401 + 5-19 — Cantal, Colby,, Monterey — Salted Ricotta, of a fat content, by weight, of 30% or more + 3-71

— Feta, of a water content, calculated by weight, of the non-fatty matter exceeding 62 °/o but not exceeding 72 %>, in containers, + 4-14 holding brine + 5-19 — Colby, Monterey — Other, of a water content, calculated by weight, of the non-fatty matter: + 5-81 — Exceeding 47 °/o but not exceeding 52 °/o

+ 4-64 — Exceeding 52 °/o but not exceeding 62 %

04.04 E I c) — Of a fat content, by weight, in the dry + 4-78 matter exceeding 70 °/o — Cottage cheese

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: + 3-40 — Of 80 °/o or more but less than 85 % — Of 85 % or more but less than 95 % + 4-30 — Of 95 % or more + 5 — ex 23.07 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 % or more but less than 40 % — 40 % or more but less than 50 %

No L 249 / 14 Official Journal of the European Communities 25. 9. 75

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

ex 23.07 B I a) 3 — 50 °/o or more but less than 60 °/o (cont'd) — 60 % or more but less than 70 %

— 70 % or more

ex 23.07 B I a) 4 Of a content, by weight, of milk powder of a fat content by weight of or less than 1 1 % excluding whey powder

— 30 % or more but less than 40 %>

— 40 °/o or more but less than 50 °/o

— 50 °/o or more but less than 60 °/o

— 60 % or more but less than 70 %

— 70 % or more but less than 75 °/o

— 75 °/o or more but less than 80 °/o

— 80 % or more.

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 °/o

— 60 % or more but less than 70 %

— 70 % or more but less than 80 %

— 80 % or more

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

25 . 9 . 75 Official Journal of the European Communities No L 249/ 15

ANNEX II

List of adjustments applicable to refunds fixed in advance before 16 September 1975 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 1975

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

ex 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)

ex 04.02 A II 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) + 4-07

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) + M5

ex 04.03 Butter, of a fat content, by weight , of 82% (PG 6 ) + 12-35