31976R0438

No L 53/32 Official Journal of the European Communities 28 . 2. 76

COMMISSION REGULATION (EEC) No 438 / 76 of 27 February 1976 fixing the rates of the refunds applicable from 1 March 1976 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN (c) the need to ensure equality of competition for the COMMUNITIES, industries which use Community products and those which use third-country products under inward processing arrangements ; Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No Whereas Article 4 (3) of Regulation (EEC) No 2682/72 804/68 of 27 June 1968 on the common organization provides that, when the rate of the refund is being of the market in milk and milk products (J), as last fixed, account should be taken, where necessary, of amended by Regulation (EEC) No 740/75 (2), and in production refunds, aids or other measures having particular Article 17 (5) thereof, equivalent effect applicable in all Member States in accordance with the Regulation on the common organization of the market in the product in question Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68 to the basic products listed in Annex A to that Regula­ provides that the difference between prices in interna­ tion or to assimilated products ; tional trade for the products listed in Article 1 (a), (b), (c) and (e) of that Regulation and prices within the Community may be covered by an export refund ; whereas Council Regulation (EEC) No 2682/72 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 milk and the casein manufactured from it fulfil by Annex II to the Treaty, and criteria for fixing the amount of such refunds (3), as amended by Regulation certain conditions set out in Article 1 of Council Regu­ (EEC) No 3058 /75 (4), specifies the products for which lation (EEC) No 987/68 of 15 July 1968 laying down a rate of refund should be fixed, to be applied where general rules for granting aid for skimmed milk these products are exported in the form of goods processed into casein or caseinates (5), as last amended listed in the Annex to Regulation (EEC) No 804/68 ; by the Act of Accession (6) ; whereas, pursuant to Article 1 (2) (b) of Regulation (EEC) No 2682/72, skimmed milk thus defined is assimilated to milk Whereas, in accordance with the first subparagraph of powder complying with the definition of the pilot Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate products Group No 2 listed in Annex I to Council of the refund per 100 kg for each of the basic Regulation (EEC) No 823/68 of 28 June 1968 deter­ products in question must be fixed for each month ; mining the groups of products and the special provi­ sions for calculating levies on milk and milk products (7), as last amended by Regulation (EEC) No Whereas, in accordance with paragraph 2 of that 823/75 (8) ; whereas a rate of refund should be fixed Article, that rate must be determined with particular for this milk powder ; reference to :

(a) the average costs incurred by processing industries in obtaining supplies of the basic products in ques­ Whereas Article 2 of Commission Regulation (EEC) tion on the Community market and the prices No 756/70 of 24 April 1970 on granting aid for ruling on the world markets ; skimmed milk processed into casein or caseinates (9), as last amended by Regulation (EEC) No 2853/75 (10), (b) the level of the refunds on exports of processed fixes the aid per 100 kg of skimmed milk processed agricultural products covered by Annex II to the into casein or caseinates according to type ; Treaty which are manufactured under similar conditions : (5) OJ No L 169, 18 . 7 . 1968 , p. 6. (6) OJ No L 73, 27. 3 . 1972, p. 14. (») OJ No L 148 , 28 . 6. 1968 , p. 13 . (?) OJ No L 151 , 30 . 6. 1968 , p . 3 . (2) OJ No L 74, 22. 3 . 1975, p. 1 . (8) OJ No L 79, 28 . 3 . 1975, p . 3 . P) OJ No L 289, 27. 12. 1972, p. 13. H OJ No L 91 , 25. 4. 1970, p. 28 . (4) OJ No L 306, 26. 11 . 1975, p. 3. (10) OJ No L 283, 1 . 11 . 1975, p. 56.

28 . 2. 76 Official Journal of the European Communities No L 53/33

Whereas Commission Regulation (EEC) No 232/75 of HAS ADOPTED THIS REGULATION : 30 January 1975 on the sale of butter at reduced prices for use in the manufacture of pastry products Article 1 and ice cream ('), as last amended by Regulation (EEC) No 379/76 (2), authorizes the delivery to indus­ 1 . Subject to the provisions of Article 28 of Regula­ tries manufacturing the goods falling within heading tion (EEC) No 1519/72 the rates of the refunds appli­ No 19.08 or subheadings 18.06 B and 21.07 C and 'ice cable from 1 March 1976 to the basic products mix' or subheadings 18.06 D and ex 21.07 of the appearing in Annex A to Regulation (EEC) No Common Customs Tariff, of butter at a reduced price 2682/72 and listed in Article 1 of Regulation (EEC) under a standing invitation to tender ; No 804/68, exported in the form of goods listed in Whereas, according to Article 28 of Commission the Annex to Regulation (EEC) No 804/68, are hereby Regulation (EEC) No 1519/72 of 14 July 1972 fixed as shown in the Annex to this Regulation. concerning selling butter at a reduced price for the purpose of exporting certain mixtures of fats (3), as last 2. No rates of refund are fixed for any of the amended by Regulation (EEC) No 2904/73 (4), no products referred to in the preceding paragraph which export refund can be granted for the butter incorpor­ are not listed in the Annex to this Regulation. ated in the products referred to in Article 19 of that Regulation ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ This Regulation shall enter into force on 1 March ment Committee for Milk and Milk Products, 1976 .

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

Done at Brussels, 27 February 1976. For the Commission P.J. LARDINOIS Member of the Commission

(!) OJ No L 24, 31 . 1 . 1975, p. 45. (2) OJ No L 45, 21 . 2. 1976, p. 28 . (*) OJ No L 162, 18 . 7. 1972, p. 1 . 0 OJ No L 298 , 26. 10 . 1973, p. 23 .

No L 53/34 Official Journal of the European Communities 28 . 2 . 76

ANNEX

to the Commission Regulation of 27 February 1976 fixing the rates of the refunds applicable from 1 March 1976 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

(in u.aJlOO 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 % by weight ( PG 2) :

— a) On exportation of goods of CCT heading No 35.01 b ) On exportation of ' ice mix' of CCT subheadings ex 18.06 D and ex 21.07 55-50

c) On exportation of other goods 48-48

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 °/o by weight ( PG 3 ) 72-00

ex 04.02 A III Concentrated milk, with a fat content by weight of 7·5 °/o and a content by weight in dry matter equal to 25 % (PG 4 ) 17-56

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 ex 18.06 D and ex 21.07 manufac­ tured under the conditions laid down in Article 6 of Regulation ( EEC) No 232/75 b ) On exportation of other goods 93-40