31977R1005
13 . 5 . 77 Official Journal of the European Communities No L 120 /9
COMMISSION REGULATION ( EEC) No 1005 / 77 of 12 May 1977 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 Whereas the Management Committee for Milk and Economic Community, Milk Products has not delivered an opinion within the time limit set by its chairman , 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 amended by Regulation ( EEC) No 559 /76 (2 ), and in particular Article 17 (4) thereof, HAS ADOPTED THIS REGULATION :
Whereas, under the third subparagraph of Article 5 (3) of Council Regulation ( EEC) No 876/68 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 28 April 1977 fixing the amount of such refunds (3 ), as last amended for products as set out in Annexes I and II which are by Regulation ( EEC) No 2429/72 (4), refunds fixed in exported : advance may be adjusted where there is a change in the intervention prices and in the amount of certain — on or after 13 June 1977 in the case of products of aids for milk products ; CCT heading No 04.04, with the exception of cottage cheese of subheading ex 04.04 E I c), Whereas , in pursuance of Council Regulation ( EEC) — on or after 15 May 1977 in the case of other No 872/ 77 of 26 April 1 977 (5 ), intervention prices products, have been increased with effect from 1 May 1 977 ; whereas the effect of the new prices on the level of shall , at the request of the parties concerned, be market prices is such that an adjustment of refunds adjusted by the amounts set out in the Annexes to fixed in advance for milk products appears justified , this Regulation . except for cheeses exported to Zone E and Canada , where the level of market prices is increasing, and except for bulk butter and bulk skimmed-milk 2. However, refunds fixed in advance for products powder manufactured before the application of the falling within CCT heading No 04.04 which are new intervention prices ; exported to Zone E or to Canada shall not be adjusted .
Whereas, in accordance with the third subparagraph 3 . Adjustments set out in Annex I for products of of Article 5 (2) of Council Regulation ( EEC) No the following subheadings of the Common Customs 2682/72 of 12 December 1972 laying down general Tariff shall be granted only if proof is given that the rules for granting export refunds on certain agricul product exported has been manufactured after 1 May tural products, exported in the form of goods not 1977 : covered by Annex II to the Treaty , and the criteria for fixing the amount of such refunds (<'), refunds fixed in advance for the products specified in Annex A to the — ex 04.03 A in packages of more than 2.5 kilo said Regulation are to be adjusted according to the grams , rules applicable to the advance fixing of the refund on — 04.02 A II b ) 1 . (') O ) No L 148 , 28 . 6 . 1 968 , p. I 3 . (-) OJ No I. 67, 15 . 3 . 1976, p. 9 . Member States shall take the necessary measures as P OJ No L 1 55, 3 . 7 . 1968 , p. I. regards the documents to be produced as proof for (■») OJ ; No L 264, 23 . I I. 1972 , p . I. (5 ) 0J No 1. 106 , 29 . 4 . 1977, p. 17 . purposes of the preceding subparagraph , including the ( b) OJ No L 289 , 27 . 12 . 1972, p. 13 necessary checking arrangements .
No L 120 / 10 13 . 5 . 77 Official Journal of the European Communities
4 . The day to be taken into account in deter to in Article 9 (3) (b) of Regulation ( EEC) No mining : 193 / 75 . — the date of advance fixing, shall be the day on which the application for the export licence was Article 2 lodged, within the meaning of Article 6 ( 1 ) of Regulation ( EEC) No 1 93 / 75 ( 1 ) ; This Regulation shall enter into force on the day — the date of exportation , shall be the day on which following its publication in the Official Journal of are completed the customs formalities as referred the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 12 May 1977 . For the Commission Finn GUNDELACH Vice-President
(') OJ No L 25, 31 . 1 . 1975, p. 10 .
13 . 5 . 77 Official Journal of the European Communities No L 120 / 11
ANNEX I
List of the adjustments applicable to refunds fixed in advance before 28 April 1977 in respect of certain products specified in Article 1 of Regulation ( EEC) No 804/68 exported in their natural state
Refund in u.a./ 100 kg CCT heading No Description of goods net weight (unless otherwise indicated)
ex 04.01 Ala) Other than whey + 0.50
ex 04.01 A II Other than whey, of a fat content, by weight : + 0.25 '— Not exceeding 1.5% — Exceeding 1 .5 % but not exceeding 3 % +- 0.37 — Exceeding 3 % but not exceeding 4° + 0.50 — Exceeding 4 % +- 0.58
ex 04.01 B I Other than whey, of a fat content, by weight : + 0.74 — Not exceeding 10 % +- 1.15 — Exceeding 10 % but not exceeding 17% — Exceeding 17% +- 1.71
ex 04.01 B II Other than whey, of a fat content, by weight : — Not exceeding 35 % +- 2.04 — Exceeding 35 % but not exceeding 39 % +- 3.19 — Exceeding 39 % + .Ml
ex 04.01 B III Other than whey, of a fat content, by weight : — Not exceeding 68 % +- 3.99 — Exceeding 68 % but not exceeding 80 % + 5.88 — Exceeding 80 % +- 6.86
04.02 A II Of a fat content, by weight : — Not exceeding 1 .5 % + 2.72 (') — Exceeding 1.5% but not exceeding 11 % +- 2.72 (') +- 3.60 — Exceeding 11 % but not exceeding 17% — Exceeding 17% but not exceeding 25 % +- 3.98 + 4.45 — Exceeding 25 % but not exceeding 27 % — Exceeding 27 % but not exceeding 29 % +- 4.58 — Exceeding 29 % but not exceeding 41 % + 4.68 +- 5.39 — Exceeding 41 %
ex 04.02 A III Of a fat content , by weight : — Exceeding 3 % but not exceeding 7.4 % + 0.89 + 1.18 — Exceeding 7.4 % but not exceeding 8.9 %
No L 120 / 12 Official Journal of the European Communities 13 . 5 . 77
Refund in u.a./ 100 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 % + 1 41 Exceeding 1 1 % but not exceeding 21 % +- 1.15 Exceeding 21 % but not exceeding 39 % + 3 04 Exceeding 39 % but not exceeding 45 % + 3.51 Exceeding 45 % + 3.99
ex 04.02 B 1 b) Other than whey, of a fat content, by weight : + 0 0272 (-) — Not exceeding 1 .5 % ks — Exceeding 1.5% but not exceeding 11 % + 0.0272 (-') H — Exceeding 11 % but not exceeding 17% + 0.0360 (-')
— Exceeding 1 7 % but not exceeding 25 % + 0 0398 (-)
— Exceeding 25 % but not exceeding 27 % + 0.0445 (-')
— Exceeding 27 % but not exceeding 41 % + 0-0458 (-') kg — Exceeding 41 % + 0.0539 ( : ) kg
ex 04.02 B Other than whey, of a fat content, by weight : — Not exceeding 6.9 % and of a lactic dry matter content, by weight, of 15% or more + 0.74 (3 )
— Exceeding 6.9 % but not exceeding 9.5 % and of a lactic dry matter content, by weight, of 1 5 % or more + 1.46 ( 3 )
— Exceeding 9.5 % but not exceeding 21 % and of a lactic dry matter content, by weight, less than 1 5 % + 0.011 5 (-')
— Exceeding 21 % but not exceeding 39 % + 0.0204 (-') H — Exceeding 39 % but not exceeding 45 % + 0.0351 (-)
— Exceeding 45 % + 0.0399 (-')
ex 04.03 Of a fat content , by weight :
— Of 62 % or more , but less than 78 % -I- 5.38 — Of 78 % or more , but less than 80 % + 6.80 — Of 80 % or more , but less than 82 % + 6.98
13 . 5 . 77 No L 120 / 13 Official Journal of the European Communities
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 % + 7.15 (cont 'd) — Exceeding 99.5 % + 8.62
ex 04.04 A II Emmentaler and Gruyere + 6.24
ex 04.04 C Other than Roquefort + 5.14
ex 04.04 D II a) 1 Of a dry matter content, by weight : — Of 33 % or more, but less than 38 % + 1.92 — Of 38 % or more , but less than 43 % and of a fat content , by weight , in the dry matter : — Less than 20 % + 1.92 — Of 20 % or more + 2.84 — Of 43 % or more and of a fat content, by weight, in the dry matter : — Less than 20 % + 1.92 — Of 20 % or more but less than 40 % + 2.84 — Of 40 % or more + 4.16
ex 04.04 D II a) 2 Of a dry matter content, by weight : — Of 33 % or more but less than 38 % + 1.92 — Of 38 % or more but less than 43 % + 2.84 — Of 43 % or more but less than 46 % + 4.16 — Of 46 % or more and of a fat content, by weight, in the dry matter : — Less than 55 % + 4.16 — Of 55 % or more + 4.92
04.04 D II b) Exceeding 36 % + 4.92
ex 04.04 E I a ) 1 Of a fat content , by weight, not exceeding 40 % and of a water content , calculated by weight , of the non-fatty matter not exceeding 47 % + 7.04
ex 04.04 E I b) 1 bb) Of a fat content, by weight, in the dry matter of 48 % or more + 5.81
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 + 2.47 — Of 5 % or more but less than 19 % and of a content, by weight, in the dry matter of 32 % or more + 3.85
No L 120/ 14 Official Journal of the European Communities 13 . 5 . 77
Refund in u.a./ 100 kg CCT heading No Description of goods net weight (unless otherwise indicated)
ex 04.04 E I b) 5 — Of 1 9 % or more but less than 39 % and of a (cont'd) water content, calculated by weight, of the non-fatty matter not exceeding 62 % +- 4.61 — Of 39 % or more : + 6.01 — Asiago , Caciocavallo, Provolone , Ragusano — Danbo, Edam , Fontal , Fontina , Fynbo, Gouda , Havarti , Maribo , Samsø , Tilsit + 5.32 — Butterkase , Esrom , Italico , Kernhem , Saint + 4.60 Nectaire , Saint-Paulin , Taleggio — Cantal + 5.43 — Salted Ricotta, of a fat content, by weight, of 30 % or more + 2.15 — Feta +- 4.32 + 5.43 — Colby, Monterey — Other, of a water content , calculated by weight, of the non-fatty matter : +- 6.01 — Exceeding 47 % but not exceeding 52 % — Exceeding 52 % but not exceeding 62 % + 5.32
04.04 E 1 c ) — Of a fat content , by weight , in the dry matter exceeding 70 % +- 3.80 +- 1.43 — 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 : — Of 80 % or more but less than 85 % +- 3.40 — Of 85 % or more but less than 95 % + 4.42 — Of 95 % or more +- 5 - 10
ex 23.07 B I a ) 3 Of a content , by weight , of milk powder of a fat content by weight ot or less than 1 1 % excluding whey powder : — 30 % or more but less than 40 % + 0.87 (•») — 40 % or more but less than 50 % + l.14 ("») — 50 % or more but less than 60 % +- 1.41 (■») — 60 % or more but less than 70 % + 1 p 69 (4 ) — 70 % or more + 1 96 (4 )
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 % +- 0.87 (■») — 40 % or more but less than 50 % + 1 1 4 (4 )
13 . 5 . 77 No L 120 / 15 Official Journal of the European Communities
Refund in u.a / 100 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 % + 1.41 O (cont'd) + — 60 % or more but less than 70 % 1.69 (•») — 70 % or more but less than 75 % + 1.96(4) — 75 % or more but less than 80 % + 2.09 (•*) — 80 % or more 2.23 H
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 % + 1.41 H — 60 % or more but less than 70 % + 1-69H — 70 % or more but less than 80 % + 1.96(4 ) — 80 % or more + 2.23 O
(') This amount is not applicable to exports under Regulation ( EEC ) No 2054 / 76 . (-') 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 accordance with 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 accordance with Regulation ( EEC ) No 766 / 68 . (■*) This amount is not applicable to exports of these products containing skimmed-milk powder purchased under Regulation ( EEC ) No 20 '54 / 76 .
The weight of non-milk fat should be disregarded for the purposes of calculating fat content .
No L 120 / 16 Official Journal of the European Communities 13 . 5 . 77
ANNEX II
List of adjustments applicable to refunds fixed in advance before 28 April 1977 in respect of 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
Adjustment Description of goods in u.a./ 100 kg CCT heading No net 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) + 2.72 ex 04.02 A II Milk powder, obtained by the Spray process of a fat content by weight, og 26 % and of a water content by weight less than 5 % (PG3 ) + 4.45 ex 04.02 A III Condesed milk , of a fat content, by weight, of 7.5 % and of a weight referred to dry matter of 25 % ( PG 4) + 1.18 ex 04.03 Butter of a fat content, by weight of 82 % ( PG 6) + 7.15