31976R2200

No L 247/ 26 Official Journal of the European Communities 9 . 9 . 76

COMMISSION REGULATION ( EEC) No 2200/ 76 of 8 September 1976 fixing the adjustments to be made to refunds fixed in advance for milk and milk products

THE COMMISSION OF THE EUROPEAN basic products exported unprocessed ; whereas the COMMUNITIES , refunds fixed in advance for the said products should therefore also be adjusted ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the opinion of the Manage­ 804/68 of 27 June 1968 on the common organization ment Committee for Milk and Milk Products , of the market in milk and milk products ('), as last amended by Regulation ( EEC) No 559/76 (2), and in HAS ADOPTED THIS REGULATION : particular Article 17 (4) thereof, Whereas, under the third subparagraph of Article 5 (3) Article 1 of Council Regulation ( EEC) No 876/68 of 28 June 1 . Refunds fixed in advance before 16 September 1968 laying down general rules for granting export 1976 in respect of products as set out in Annexes I refunds on milk and milk products and criteria for and II exported after this date shall , at the request of fixing the amount of such refunds (3 ), as last amended the parties concerned, be adjusted by the amounts by Regulation ( EEC) No 2429/72 (4), refunds fixed in fixed in the Annexes to this Regulation . advance may be adjusted where there is a change in the intervention prices and in the amount of certain 2 . However, refunds fixed in advance for products aids for milk products ; falling within heading No 04.04 of the Common Whereas, in pursuance of Council Regulation ( EEC) Customs Tariff which are exported to Zone E or to No 558 / 76 of 15 March 1 976 (5), intervention prices Canada shall not be adjusted . have been increased with effect from 16 September 3 . The day to be taken into account in deter­ 1976 ; whereas the effect of the new prices on the mining : level of market prices is such that an adjustment of — the date of advance fixing, shall be the day on refunds fixed in advance for milk products appears which the application for the export licence was justified, except for cheeses exported to Zone E and lodged, within the meaning of Article 6 ( 1 ) of Canada, where the market price is rising ; Regulation ( EEC ) No 1 93 / 75 (7), Whereas, in accordance with the third subparagraph — the date of exportation , shall be the day on which of Article 5 (2) of Council Regulation ( EEC) No are completed the customs formalities referred to 2682/72 of 12 December 1972 laying down general under (b) in the second subparagraph of Article 9 rules for granting export refunds on certain agricul­ (3 ) of Regulation ( EEC) No 193 / 75 . tural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for Artidc 2 fixing the amount of such refunds ( 6), refunds fixed in advance for the products specified in Annex A to the This Regulation shall enter into force on the third day said Regulation are to be adjusted according to the following its publication in the Official Journal of rules applicable to the advance fixing of the refund on the European Communities.

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

Done at Brussels, 8 September 1976 . For the Commission P. J. I.ARDINOIS /Member of the Commission

(') OJ No L 148 , 28 . 6 . 1968 , p . 13 . -') OJ No L 67, 15 . 3 . 1976, p . 9 . (3 ) OJ No L 155, 3 . 7 . 1968 , p. 1 . H OJ No L 264, 23 . 11.1 972, p . 1 . ( 5 ) OJ No L 67, 15 . 3 . 1976, p . 4 . (b) OJ No L 289 , 27 . 12. 1972 , p . 13 . ( 7 ) OJ No L 25 , 31 . 1 . 1975 , p . 10 .

9 . 9 . 76 Official Journal of the European Communities No L 247 / 27

ANNEX I

List of the adjustments applicable to refunds fixed in advance before 16 September 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 ./ 1 00 kg CCT heading No Description of goods net weight (unless otherwise indicated)

ex 04.01 A I a) Other than whey + 0-32

ex 04.01 A 11 Other than whey, of a fat content, by weight : — Not exceeding 1-5% + 01 1 — Exceeding 1-5 % but not exceeding 3 % + 0-22 — Exceeding 3 % but not exceeding 4 % + 0-32 — Exceeding 4 % + 0-39

ex 04.01 B I Other than whey, of a fat content, by weight : — Not exceeding 10 % + 0-51 — Exceeding 10 % but not exceeding 17% + 0-84 — Exceeding 17% + 1-30

ex 04.01 B II Other than whey, of a fat content, by weight : -— Not exceeding 3.5 % + 1-57 — Exceeding 35 % but not exceeding 39 % + 2-49 — Exceeding 39 % + 2-76

ex 04.01 B III Other than whey, of a fat content, by weight : — Not exceeding 68 % + 3-16 — Exceeding 68 % but not exceeding SO % + 4-67 — Exceeding SO % + 5-47

04.02 A II Of a fat content, by weight : — Not exceeding 1-5% + 1-210 — Exceeding 1-5% but not exceeding 11 % + 1-21 (') — Exceeding 11 % but not exceeding 17 % + 1-99 — Exceeding 1 7 % but not exceeding 25 % + 2-37 — Exceeding 25 % but not exceeding 27 % + 2-82 — Exceeding 27 % but not exceeding 29 % + 2-94 — Exceeding 29 % but not exceeding 41 % + 304 —- Exceeding 41 % + 3-74

ex 04.02 A III Of a fat content, by weight : — Exceeding 3 % but not exceeding 7-4 % + 0-49 — Exceeding 7-4 % but not exceeding 8-9 % + 0-76

No L 247 / 28 Official Journal of the European Communities 9 . 9 . 76

Refund ¡n 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 1 1 % + 0-9 1 — Exceeding 11 % but not exceeding 21 % + 0-84 — Exceeding 21 % but not exceeding 39 % + 1-57 — Exceeding 39 % but not exceeding 45 % + 2-76 — Exceeding 45 % + 3-16

ex 04.02 B I b) Other than whey, of a fat content, by weight : — Not exceeding 1-5% 4- 0-0121 (-) kg — Exceeding 1-5% but not exceeding 11 % + 0-0121 (-') kg — Exceeding 11 % but not exceeding 17% + ()■() 1 99 (') kg — Exceeding 17% but not exceeding 25 % + 0-0237 ( : ) kg — Exceeding 25 % but not exceeding 27 % + 0-0282 (-) k« — Exceeding 27 % but not exceeding 41 % + 0 0294 (-') kg — Exceeding 41 % + 0-0374 (-') 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 + 0-33 (-5 )

— Exceeding 6-9 % but not exceeding 9-5 % and of a lactic dry matter content, by weight, of 1 5 % or more + 0-93 (')

— Exceeding 9-5 % but not exceeding 21 % and of a lactic dry matter content, by weight , less than 1 5 % + 0 0084 (-') kg — Exceeding 21 % but not exceeding 39 % + 0-0 1 57 (-') kg —- Exceeding 39 % but not exceeding 45 % + 0-0276 (-) kg — Exceeding 45 % + 0-0316 (-) kg

ex 04.03 Of a fat content , by weight :

— Of 62 % or more , but less than 78 % 4*Λ 1 — Of 78 % or more , but less than 80 % -f- v44 — Of 80 % or more , but less than 82 % + 5-58

9 . 9 . 76 Official Journal of the European Commuryties No L 247/ 29

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 % + 5-72 (cont'd) — Exceeding 99-5 % + 6-90

ex 04.04 A II Emmentaler and Gruyère + 3-92

ex 04.04 C Other than Roquefort + 3· 31

ex 04.04 D II a) 1 Of a dry matter content, by weight : — Of 33 % or more, but less than 38 % + 1-21 — Of 38 % or more, but less than 43 % and of a fat content, by weight, in the dry matter : — Less than 20 % + 1-21 — Of 20 % or more + 1-80 — Of 43 % or more and of a fat content, by weight, in the dry matter : — Less than 20 % + 1-21 —- Of 20 % or more but less than 40 % + 1-80 — Of 40 % or more + 2-67

ex 04.04 D II a) 2 Of a dry matter content, by weight : — Of 33 % or more but less than 38 % + 1 21 — Of 38 % or more but less than 43 % + 1-80 — Of 43 % or more but less than 46 % + 2-67 — Of 46 % or more and of a fat content, by weight, in the dry matter : — Less than 55 % + 2-67 — Of 55 % or more + 3-16 04.04 D II b) — Exceeding 36 % + 3-16 ex 04.04 E I n ) I — Of a f;it content not exceeding 40 % and of a water content calculated by weight, of the non­ fatty matter not exceeding 40 % + 4-22

ex 04.04 E I b) 1 bb) Of a fat content, by weight, in the dry matter of 48 % or more + 3-73

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 4- 1-10 — Of 5 % or more bui less than 19 % and of a content , by weight, in the dry matter of 32 % or more + 1-94

No L 247 / 30 Official Journal of the European Communities 9 . 9 . 76

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

ex 04.04 E 1 b) 5 — Of 19 % or more but less than 39 % and of a (cunt 'd) water content, calculated by weight, of the non-fatty matter not exceeding 62 % + 2-63 — Of 39 % or more : — Asiago , Caciocavallo, Provolone, Ragusano + 3-87 — Danbo, Edam , Fontal , Fontina , Fynbo, Gouda , Havarti , Maribo , Samsø , Tilsit + 3-32 — Butterkäse , Esrom , Italico , Kernhem , Saint­ Nectaire , Saint-Paulin , Taleggio + 2-87 — Cantal + 3-49 — Salted Ricotta , of a fat content, by weight, of 30 % or more + 1-72 — Feta + 2-78 — Colby, Monterey + 3-48 — Other, of a water content, calculated by weight, of the non-fatty matter : — Exceeding 47 % but not exceeding 52 % + 3-87 — Exceeding 52 % but not exceeding 62 % + 3-32

04.04 E I c) — Of a fat content , by weight, in the dry matter exceeding 70 % + 2-67 — Cottage cheese + 0-63

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 % + 1-96 — Of 85 % or more but less than 95 % + 2-54 — Of 95 % or more + 2-93

ex 2 .* .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 %10 % or more but less than 40 % + 0-39 O — 40 % or more but less than SO % + 0-51 ( ·») — SO % or more but less than 60 % + 0-63 O — 60 % or more but less than 70 %60 % or more but less than 70 % + 0-75 O — 7 () % or more + 0-87 O

ex 2 VIT B I a ) 4 Ot a content , by weight , of milk powder of a fat content by weight of or less than I 1 % excluding whey powder : — Ml 11Ml " v or more but less than 40 % + 0-39 (-4 ) — 40 " D or more but less than SO "O + 0-51 Π

9 . 9 . 76 Official Journal of the European Communities No L 247 / 31

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 % + 0-63 Π (cont 'd) — 60 % or more but less than 70 % + 0-75 (4 ) — 70 % or more but less than 75 % + 0-87 ( 4 ) — 75 % or more but less than 80 % + 0-93 (·») — 80 % or more + 0-99 ( 4 )

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 % + 0-63 n — 60 % or more but less than 70 % + 0-75 Π — 70 % or more but less than 80 % + 087 ( 4 ) — 80 % or more + 0-99 (4 )

(') Thi > amount not applicable tor exports carried out under Regulations ( EEC !) No 231 76 and ( [ i 1 ' C : ) No 2054 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 , (') 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 . ( 4 ) This amount is not applicable- tor exports ot these products containing skimmed-milk powder r purchased under Regulation ( EEC ) No 2054 /"' (v

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

No L 247 / 32 Official Journal of the European Communities 9 . 9 . 76

A NX1EX II

List of adjustments applicable to refunds fixed in advance before 16 September 1976 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 1976

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

cx 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 ) + 1-21

ex 04.02 A 11 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) + 2-82

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 ) + 0-76

ex 04.03 Butter, of a fat content , by weight , of 82 % ( PG 6) + 5-72