31976R0703

30 . 3 . 76 Official Journal of the European Communities No L 83/ 17

COMMISSION REGULATION ( EEC) No 703/ 76 of 29 March 1976 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products,

Having regard to the Treaty establishing the European Economic Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last Article 1 amended by Regulation (EEC) No 559/76 (2), and in particular Article 1 7 (4) thereof, 1 . Refunds fixed in advance before 15 March 1976 in respect of the products set out in Annexes I and II, Whereas, under the third subparagraph of Article 5 (3) which are exported : of Council Regulation (EEC) No 876/68 of 28 June 1968 laying down general rules for granting export — after 1 April 1976, in the case of products falling refunds on milk and milk products and criteria for within heading 04.04 of the Common Customs fixing the amount o f such refunds (3 ), as last amended Tariff, except for 'cottage cheese' falling within by Regulation (EEC ) No 2429/72 (4), refunds fixed in subheading ex 04.04 E I c), and advance may be adjusted where there is a change in the intervention prices and in the amount of certain — after 15 March 1976, in the case of other products, aids for milk produ cts ; shall, at the request of the parties concerned, be adjusted by the amounts fixed in the Annexes to this Whereas, in pursua nee of Council Regulation (EEC) Regulation . No 558 /76 of 15 March 1976 (5), intervention prices have been increased with effect from 15 March 1976 ; whereas the effect of the new prices on the level of 2 . However, refunds fixed in advance for products market prices is such that an adjustment of refunds falling within heading 04.04 of the Common Customs fixed in advance for milk products appears justified, Tariff which are exported to Zone E or Canada shall except for cheeses exported to Zone E and Canada not be adjusted . where the level of the market price is in the process of increasing ; 3 . The day to be taken into account in deter­ mining : Whereas, in accordance with the third subparagraph — the date of advance fixing, shall be the day on of Article 5 (2) of Council Regulation (EEC) No which the application for the export licence was 2682/72 of 12 December 1972 laying down general lodged, within the meaning of Article 6(1 ) of rules for granting export refunds on certain agricul­ Regulation (EEC) No 1 93/75 (7), tural products exported in the form of goods not covered by Annex HI to the Treaty, and the criteria for — the date of exportation , shall be the day on which fixing the amount of such refunds (6), refunds fixed in are completed the customs formalities referred to advance for the products specified in Annex A to the under (b) in the second subparagraph of Article said Regulation are to be adjusted according to the 9(3) of Regulation (EEC) No 193/ 75 . rules applicable to the advance fixing of the refund on basic products exported unprocessed ; whereas the refunds fixed in advance for the said products should Article 2 therefore also be adjusted ;

(>) OJ No L 148 , 28 . 6 . 1968 , p . 13 . This Regulation shall enter into force on the third day (2 ) OJ No L 67, 15 . 3 . 1976, p. 9 . following its publication in the Official Journal of (3) OJ No L 155, 3 . 7 . 1968 , p. 1 . the European Communities. (4) OJ No L 264, 23 . 11 . 1972, p . 1 . (5) OJ No L 67 , 15 . 3 . 1976, p. 4. («>) OJ No L 289, 27 . 12. 1972, p. 13 . ( 7) OJ No L 25 , 31 . 1 . 1975, p. 10 .

No L 83/ 18 Official Journal of the European Communities 30 . 3 . 76

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

Done at Brussels, 29 March 1976.

For the Commission P. J. LARDINOIS Member of the Commission

30 . 3 . 76 Official Journal of the European Communities No L 83 / 19

A NNEX I

List of the adjustments applicable to refunds hxed in advance before 15 March 1976 for certain 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./ 100 kg CCT heading No Description oí goods net weight (unless otherwise indicated)

ex 04.01 Ala) Other than whey + 0-44

ex 04.01 A II Other than whey, of a fat content, by weight : -'— Not exceeding 1-5% + 0-13 — Exceeding 1-5 % but not exceeding 3 % + 0-29 — Exceeding 3 % but not exceeding 4 % + 0-44 — Exceeding 4 % + 0-54

ex 04.01 B I Other than whey, of a fat content, by weight : — Not exceeding 10 % + 0-73 — Exceeding 1 0 % but not exceeding 1 7 % + 1-22 — Exceeding 1 7 % + 1-90

ex 04.01 B II Other than whey, of a fat content, by weight : — Not exceeding 35 % + 2-30 — Exceeding 35 % but not exceeding 39 % + 3-68 — Exceeding 39 % + 4-08

ex 04.01 B III Other than whey, of a fat content, by weight : — Not exceeding 68 % + 4-67 — Exceeding 68 % + 6-94

04.02 A II Of a fat content, by weight : — Not exceeding 1-5 % + 1 -46 (') — Exceeding 1 -5 % but not exceeding 1 1 % + 1-46 (') — Exceeding 11 % but not exceeding 17% + 2-65 — Exceeding 1 7 % but not exceeding 25 % + 3-23 — Exceeding 25 % but not exceeding 27 % + 3-93 — Exceeding 27 % but not exceeding 29 % + 4-11 — Exceeding 29 % but not exceeding 41 % + 4-26 — Exceeding 41 % + 5-35

ex 04.02 A III Of a fat content, by weight : — Exceeding 3 % but not exceeding 7-4 % + 0-66 — Exceeding 7-4 % but not exceeding 8-9 % + 1-07

No L 83/20 Official Journal of the European Communities 30 . 3 . 76

Refund in u.a ./ 1 00 kg CCT heading No Description of goods net weight (unless otherwise , indicated)

ex 04.02 A III (cont'd) — Exceeding 8-9 % but not exceeding 11 % + 1-27

— Exceeding 1 1 % but not exceeding 21 % + 1-22 — Exceeding 21 % but not exceeding 39 % + 2-30 — Exceeding 39 % but not exceeding 45 % 4- 4-08 — Exceeding 45 % + 4-67

ex 04.02 B I b) Other than whey, of a fat content, by weight : — Not exceeding 1-5% + 0-0146 (2) kg — Exceeding 1 -5 % but not exceeding 1 1 % + 0-0146 (2 ) kg — Exceeding 1 1 % but not exceeding 1 7 % + 0-0265 (2 ) kg — Exceeding 1 7 % but not exceeding 25 % + 0-0323 (2) kg — Exceeding 25 % but not exceeding 27 % + 0-0393 (2) kg — Exceeding 27 % but not exceeding 41 % + 0-041 1 (2) kg — Exceeding 41 % + 0-0535 (2 ) kg

ex 04.02 B II Other than whey, of a fat content, by weight : — Not exceeding 6-9 % and of a lactic dry matter content, by weight, of 1 5 % or more + 0-40 (3 )

— Exceeding 6-9 % but not exceeding 9-5 % and of a lactic dry matter content, by weight, of 1 5 % or more + 1-30 (3 )

— Exceeding 9-5 % but not exceeding 21 % and of a lactic dry matter content, by weight, less than 1 5 % + 0-0 1 22 (2 ) kg — Exceeding 21 % but not exceeding 39 % + 0-0230 (2) kg — Exceeding 39 % but not exceeding 45 % + 0-0408 (2 ) kg — Exceeding 45 % + 0-0467 (2) kg

ex 04.03 Of a fat content, by weight :

— Of 62 % or more , but less than 78 % + 6-43 — Of 78 % or more, but less than 80 % + 8-09 — Of 80 % or more , but less than 82 % + 8-29

30 . 3 . 76 Official Journal of the European Commuivties No L 83 / 21

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

ex 04.03 — Of 82 % or more, but less than 99-5 % + 8-50 (cont 'd) — Exceeding 99-5 % + 10 31

ex 04.04 A II Emmentaler and Gruyère + 5-44

ex 04.04 C Other than Roquefort + 4-64

ex 04.04 D II a) 1 Of a dry matter content, by weight : — Of 33 % or more , but less than 38 % + 1-69 — Of 38 % or more, but less than 43 % and of a fat content, by weight, in the dry matter : — Less than 20 % + 1-69 — Of 20 % or more + 2-53 — Of 43 % or more and of a fat content, by weight, in the dry matter : — Less than 20 % + 1 - 69 — Of 20 % or more but less than 40 % + 2-53 — Of 40 % or more + 3-73

ex 04.04 D II a) 2 Of a dry matter content, by weight : — Of 33 % or more but less than 38 % + 1 - 69 — Of 38 % or more but less than 43 % + 2-53 — Of 43 % or more but less than 46 % + 3-73 — Of 46 % or more and of a fat content, by weight, in the dry matter : — Less than 55 % + 3-73 — Of 55 % or more + 4-42

04.04 D II b) Exceeding 36 % + 4-42

ex 04.04 E I b) 1 bb) Of a fat content, by weight, in the dry matter of 48 % or more + 5-22

ex 04.04 E I b) 5 Of a fat content, by weight, in the dry matter : — Less than 5 % and of a content, by weight, in the dry matter of 32 % or more + 1-33 — Of 5 % or more bui less than 1 9 % and of a content, by weight, in the dry matter of 32 % or more + 2-49

No L 83/22 Official Journal of the European Communities 30 . 3 . 76

Refund in u.a ./ 1 00 kg CCT heading No Description of goods net weight (unless otherwise indicated)

ex 04.04 E I b) 5 — Of 19 % or more but less than 39 % and of a (cont'd) water content, calculated by weight, of the non-fatty matter not exceeding 62 % + 3-54 — Of 39 % or more : — Asiago, Caciocavallo, Provolone, Ragusano + 5-42 — Danbo, Edam , Fontal , Fontina, Fynbo, Gouda , Havarti , Maribo , Samsø , Tilsit + 4-61 — Butterkäse , Esrom , Italico , Kernhem , Saint­ Nectaire, Saint-Paulin , Taleggio + 3-98 — Cantal + 4-88 — Salted Ricotta , of a fat content, by weight, of 30 % or more + 3-00 — Feta + 3-57 — Colby, Monterey + 4-88 — Other, of a water content, calculated by weight, of the non-fatty matter : — Exceeding 47 % but not exceeding 52 % + 5-42 — Exceeding 52 % but not exceeding 62 % + 4-61

04.04 E I c) — Of a fat content, by weight, in the dry matter exceeding 70 % + 4-62 — Cottage cheese 4- 0-77

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 : — Of 80 % or more but less than 85 % + 2-89 — Of 85 % or more but less than 95 % 4- 3-75 — Of 95 % or more + 4-33

ex 23.07 B I a) 3 Of a content , bv 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 % + 0-47 — 40 % or more but less than 50 % 4- 0-61 — 50 % or more but less than 60 % + 0-76 — 60 % or more but less than 70 % + 0-91 — 70 % or more + 105

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 % + 0-47 — 40 % or more but less than 50 % + 0-61

30 . 3 . 76 Official Journal of the European Communities No L 83 /23

Refund in u.a./ 1 00 kg CCT heading No Description of goods net weight (unless otherwise indicated)

ex 23.07 B I a) 4 — 50 % or more but less than 60 % + 0-76 (cont 'd) — 60 % or more but less than 70 % + 0-91

— 70 % or more but less than 75 % + 1 -05 — 75 % or more but less than 80 % + 1-09 — 80 % or more '+ 1-20

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 % + 0-76 — 60 % or more but less than 70 % + 0-91 — 70 % or more but less than 80 % + 1-05 — 80 % or more + 1-20

(') This amount is not applicable for exports under the conditions of Regulation (EEC) No 231 /76. (2) 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 . (3) 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.

No L 83/ 24 Official Journal of the European Communities 30 . 3 . 76

ANNEX II

List of adjustments applicable to refunds fixed in advance before 15 March 1976 for the products indicated in Annex A to Regulation ( EEC) No 2682/ 72 and specified in Article 1 of Regulation ( EEC) No 804/68 , exported in the form of goods included in the Annex to the latter Regulation on or after 15 March 1976

Adjustment in u.a ./ 1 00 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) + 1-46

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) + 3-93

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) + 1-07

ex 04.03 Butter, of a fat content, by weight, of 82 % (PG 6) + 8-50