31978R0887

No L I 17/ 36 29 . 4. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 887/78

of 28 April 1978

fixing the rates of the refunds applicable from 1 May 1978 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN Treaty which are manufactured under similar COMMUNITIES, conditions ;

Having regard to the Treaty establishing the European (c) the need to ensure equality of competition for the Economic Community, industries; which use Community products and those which use third-country products under inward processing arrangements ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in mil|c and milk products (J), as last Whereas Article 4 (3) of Regulation (EEC) No 2682/72 amended by Regulation (EEC) No 2560/77 (2), and in provides that, when the rate of the refund is being particular Article 17 (5) thereof, fixed, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68 accordance with the Regulation on the common provides that the difference between prices in interna­ organization of the market in the product in question tional trade for the products listed in Article 1 (a), (b), to the basic products listed in Annex A to that Regula­ (c) and (e) of that Regulation and prices within the tion or to assimilated products ; Community may be covered by an export refund ; whereas Council Regulation (EEC) No 2682/72 of 12 December 1972 laying down general rules for granting export refunds on certain agricultural Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 products exported in the form of goods not covered provides for the payment of aid for Community-pro­ by Annex II to the Treaty, and criteria for fixing the duced skimmed milk processed into casein if such amount of such refunds (3), as last amended by Regula­ milk and the casein manufactured from it fulfil tion (EEC) No 707/78 (4), specifies the products for certain conditions set out in Article 1 of Council Regu­ which a rate of refund should be fixed, to be applied lation (EEC) No 987/68 of 15 July 1968 laying down where these products are exported in the form of general rules for granting aid for skimmed milk goods listed in the Annex to Regulation (EEC) No processed into casein or caseinates (5), as last amended 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 kilograms 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 2560/77 ; whereas a rate of refund should be fixed for Article, that rate must be determined with particular this milk powder ; reference to :

(a) the average costs incurred by processing industries Whereas Article 2 of Commission Regulation (EEC) in obtaining supplies of the basic products in ques­ No 756/70 of 24 April 1970 on granting aid for tion on the Community market and the prices skimmed milk processed into casein or caseinates (8), ruling on the world markets ; as last amended by Regulation (EEC) No 984/77 (9) ; fixes the aid per 100 kilograms of skimmed milk (b) the level of the refunds on exports of processed processed into casein or caseinates according to type ; agricultural products covered by Annex II to the 0 OJ No L 169, 18 . 7. 1968 , p. 6. 0) OJ No L 148 , 28 . 6. 1968, p. 13 . (6) OJ No L 73, 27. 3. 1972, p. 14. (2) OJ No L 303, 28 . 11 . 1977, p. 1 . (7) OJ No L 151 , 30. 6. 1968 , p. 3 . (3) OJ No L 289, 27. 12. 1972, p. 13. (») OJ No L 91 , 25. 4. 1970, p. 28 . (4) OJ No L 94, 8 . 4. 1978, p. 7. H OJ No L 118, 11 . 5. 1977, p. 8 .

29 . 4 . 78 No L 117/37 Official Journal of the European Communities

Whereas Commission Regulation (EEC) No 232/75 of Regulation (EEC) No 2682/72 and listed in Article 1 30 January 1975 on the sale of butter at reduced of Regulation (EEC) No 804/68, exported in the form prices for use in the manufacture of pastry products of goods listed in the Annex to Regulation (EEC) No and ice cream ( l), as last amended by Regulation 804/68, are hereby fixed as shown in the Annex to (EEC) No 805/78 (2), authorizes the delivery to indus­ this Regulation . tries manufacturing the goods falling within heading No 19.08 or subheadings 18.06 B and 21.07 C, and 'ice mix' falling within subheading 18.06 D and heading No ex 21.07 of the Common Customs Tariff, 2. No rates of refund are fixed for any of the of butter at a reduced price under a standing invita­ products referred to in the preceding paragraph which tion to tender ; are not listed in the Annex to this Regulation.

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

HAS ADOPTED THIS REGULATION : Article 2

Article1¶

1 . The rates of the refunds applicable from 1 May 1978 to the basic products appearing in Annex A to This Regulation shall enter into force on 1 May 1978 .

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

Done at Brussels, 28 April 1978 .

For the Commission

Étienne DAVIGNON

Member of the Commission

(') OJ No L 24, 31 . 1 . 1975, . p. 45 . (2) OJ No L 108 , 22. 4. 1978 , p . 10 .

No L 117/38 29 . 4. 78 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 April 1978 fixing the rates of the refunds applicable from 1 May 1978 to certain milk products exported in the form of goods not covered by Annex II to the Treaty .

(u.a. /100 kg)

CCT Rate of heading Description refund No

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of less than 1.5 °/o 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 other goods 64.85

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 % by weight (PG 3 ) 90.67

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 °/o ( PG 4) 19.39

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, ana 'ice mix' of CCT subheadings ex 18.06 D and heading No ex 21.07 manufactured under the conditions laid down in Article 6 of Regulation (EEC) No 232/75

b ) On exportation of goods of CCT subheading 21.07 G VIII a) with a content of non-milk fats of more than 20 %> 166.90

c) On exportation of other goods 159.75