31978R1052
22 . 5 . 78 No L 134/ 31 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1052 / 78 of 19 May 1978 fixing the adjustments to be made to refunds fixed in advance for milk and milk products
THE COMMISSION OF THE EUROPEAN said Regulation are to be adjusted according to the COMMUNITIES , rules applicable to the advance fixing of the refund on basic products exported unprocessed ; whereas the Having regard to the Treaty establishing the European refunds fixed in advance for the said products should Economic Community, therefore also be adjusted ; Having regard to Council Regulation ( EEC) No Whereas the measures provided for in this Regulation 804/68 of 27 June 1968 on the common organization are in accordance with the opinion of the Manage of the market in milk and milk products ('), as last ment Committee for Milk and Milk Products , amended by Regulation ( EEC) No 1038 / 78 (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 1968 laying down general rules for granting export Article 1 refunds on milk and milk products and criteria for 1 . Refunds fixed in advance before 22 May 1978 for fixing the amount of such refunds (3 ), as last amended products as set out in Ann'exes I and II which are by Regulation (EEC) No 2429 /72 (4 ), refunds fixed in exported after this date shall , at the request of the advance may be adjusted where there is a change in parties concerned , be adjusted by the amounts set out the intervention prices and in the amount of certain aids for milk products ; in the Annexes to this Regulation . Whereas, pursuant to Council Regulation ( EEC) No 2 . The day to be taken into account in deter 998 / 78 of 12 May 1978 (5 ), intervention prices have mining : been increased with effect from 22 May 1978 ; — the date of advance fixing, shall be the day on whereas the effect of the new prices on the level of which the application for the export licence was market prices is such that an adjustment of refunds lodged, within the meaning of Article 6 ( 1 ) of fixed in advance for milk products appears justified in Regulation ( EEC) No 1 93 / 75 ( 7 ), the light of the increase in intervention prices ; — the date of exportation , shall be the day on which Whereas , in accordance with the third subparagraph are completed the customs formalities as referred of Article 5 (2) of Council Regulation ( EEC) No to in Article 9 (3) (b) of Regulation ( EEC) No 2682/ 72 of 12 December 1972 laying down general 193 / 75 . rules for granting export refunds on certain agricul tural products exported in the form of goods not Article 2 covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (6), refunds fixed in This Regulation shall enter into force on 22 May 1978 . advance for the products specified in Annex A to the
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 19 May 1978 . For the Commission Finn GUNDELACH Vice-President
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) See page 4 of this Official Journal (3 ) OJ No L 1 55, 3 . 7 . 1968 , p . 1 . H OJ No L 264 , 23 . 11 . 1972, p . 1 . (5 ) OJ No L 130 , 18 . 5 . 1978 , p . 5 . ( b) OJ No L 289 , 27 . 12 . 1972, p . 13 . ( 7 ) Of No L 25 , 31 . 1 . 1975 , p. 10 .
No L 134/ 32 22 . 5 . 78 Official Journal of the European Communities
ANNEX I
List of the adjustments applicable to refunds fixed in advance before 22 May 1978 in respect of certain products specified in Article 1 of Regulation ( EEC) No 804/68 exported in their natural state
Refund in u.a./ l ()() kg CCT heading No Description net weight (unless otherwise indicated)
ex 04.01 A I a) Other than whey + 0-32
ex 04.01 A II Other than whey, of a fat content, by weight :
— Not exceeding 1.5% + 0-15 — Exceeding 1 -5 % but not exceeding 3 % + 0.24 — Exceeding 3 % but not exceeding 4 % + 0-32 — Exceeding 4 % + 0.38
ex 04.01 B I Other than whey, of a fat content, by weight : — Not exceeding 10 % + 0.48 — Exceeding 10 % but not exceeding 17 % + 0.76 — Exceeding 17% + 1 14
ex 04.01 B II Other than whey, of a fat content, by weight : — Not exceeding 35 % + 1-35 — Exceeding 35 % but not exceeding 39 % + 2-12 — Exceeding 39 % + 2.33
ex 04.01 B III Other than whey, of a fat content, by weight :
— Not exceeding 68 % + 2.66 — Exceeding 68 % but not exceeding 80 % + 3-92 — Exceeding 80 % + 4.57
04.02 A II Of a fat content, by weight :
— Not exceeding 1.5% + 1.69 (') — Exceeding 1.5% but not exceeding 11 % + 1.69 (1 ) — Exceeding 11 % but not exceeding 17% + 2.29 — Exceeding 17 % but not exceeding 25 % + 2-55 — Exceeding 25 % but not exceeding 27 % + 2-88 — Exceeding 27 % but not exceeding 29 % + 2-96 — Exceeding 29 % but not exceeding 41 % + 3-03 — Exceeding 41 % + 3.52
22 . 5 . 78 No L 134 / 33 Official Journal of the European Communities
Refund in u.a. / 100 kg CCT heading No Description net weight ( unless otherwise indicated )
ex 04.02 A III a) Of a tat content by weight : — Exceeding 3 % hut not exceeding 8.9 % and of a lactic dry matter content , by weight, of less than 1 5 % + 0.32 — Exceeding 3 % but not exceeding 7-4 % and of a lactic dry matter content, by weight, of 1 5 % or more + 0.57 — Exceeding 7.4 % but not exceeding 8.9 % and of a lactic dry matter content, by weight, of 1 5 % or more + 0.77 — Exceeding 8.9 % but not exceeding 1 1 % and of a lactic dry matter content, by weight : — Of less than 15 % + 0.48 — Of 15 % or more +- 0.91
ex 04.02 A III b) Of a lactic dry matter content, by weight : — Of less than 15% and of a fat content, by weight : — Exceeding 3 % but not exceeding 8.9 % + 0 -32 — Exceeding 8.9 % but not exceeding 1 1 % + 0.48 — Exceeding 11 % but not exceeding 21 % +- 0.76 — Exceeding 21 % but not exceeding 39 % + 1.35 — Exceeding 39 % + 2.33 — Of 15 % or more and of a fat content, by weight : — Exceeding 3 % but not exceeding 7.4 % + 0.57 — Exceeding 7-4 % but not exceeding 8.9 % + 0.77 — Exceeding 8-9 % + 0.91
ex 04.02 A III b) 2 Of a fat content, by weight, exceeding 45 % +- 2-66
ex 04.02 B I b) Other than whey, of a fat content, by weight — Not exceeding 1.5% + 0.0169 (-') per kg — Exceeding 1.5 % but not exceeding 11 % + 0.01 69 ( J ) per kg; — Exceeding 11 % but not exceeding 17% + 0-0229 (') per kg — Exceeding 17% but not exceeding 25% + 0.0255 (-) per ki> — Exceeding 25 % but not exceeding 27 % + 0.0288 (-') per ki; — Exceeding 27 % but not exceeding 41 % + 0.0296 ') per ku — Exceeding 41 % + 0.0352 (2 ) per kg
No L 134 / 34 22 . 5 . 78 Official Journal of the European Communities
Refund in u.a./ 100 kg CCT heading No Description net weight ( unless otherwise indicated)
ex 04.02 II Of a dry matter content, by weight :
— Of less than 15% and of a fat content by weight :
— Exceeding 3 % but not exceeding 9.5 % + 0.0032 (2) per kg — Exceeding 9.5 % but not exceeding 21 % + 0.0076 (2) per kg
— Of 15 % or more and of a fat content, by weight :
— Not exceeding 6.9 % + 0-46 (3 ) — Exceeding 6-9 % but not exceeding 9.5 % + 0.95 (3) — Exceeding 9.5 % but not exceeding 21 % + 0-0076 (2) per kg
Of a fat content, by weight :
— Exceeding 21 % but not exceeding 39 % + 0-0135 (2 ) per kg — Exceeding 39 % but not exceeding 45 % + 0-0233 (2) per kg — Exceeding 45 % + 0.0266 (2) per kg
ex 04.03 Of a fat content, by weight :
— Of 62 % or more but less than 78 % + 3.59 — Of 78 % or more but less than 80 % + 4-49 — Of 80 % or more but less than 82 % + 4-60 — Of 82 % or more, but less than 99.5 % + 4.77 — Exceeding 99-5 % + 5-75
ex 04.04 A II Emmentaler and Gruyere + 4-03
ex 04.04 C Other than Roquefort + 3-33
ex 04.04 D II a) 1 Of a dry matter content, by weight :
— Of 33 % or more, but less than 38 % + 1.24 — Of 38 % or more, but less than 43 % and of a fat content, by weight, in the dry matter :
— Of less than 20 % + 1.24 — Of 20 % or more + 1.84
22 . 5 . 78 Official Journal of the European Communities No L 134 / 35
Refund in u.a./ 100 kg CCT heading No Description net weight ( unless otherwise indicated )
ex 04.04 D II a) 1 — Of 4.} % or more and of a fat content, by (cont'd) weight, in the dry matter : — Of less than 20 % + 1.24 — Of 20 % or more but less than 40 % + 1-84 — Of 40 % or more +- 2.69
ex 04.04 D II a) 2 Of a dry matter content, by weight :
— Of 33 % or more but less than 38 % + 1.24 — Of 38 % or more but less than 43 % + 1.84 — Of 43 % or more but less than 46 % +- 2.69 — Of 46 % or more and of a fat content, by weight, in the dry matter :
— Of less than 55 % + 2.69 — Of 55 % or more + 3.19
04.04 D II b ) Exceeding 36 % + 3.19
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 % ( excluding cheeses manufactured from whey) + 4.52
ex 04.04 E I b) 1 bb) Of a fat content, by weight , in the dry matter of 48 % or more + 3.76
ex 04.04 E I b ) 5 Of a fat content, by weight, in the dry matter :
— Of less than 5 % and of a content, by weight, in the dry matter of 32 % or more (excluding cheeses manufactured from whey) + 2.07 — Of 5 % or more but less than 1 9 % and of a content , by weight, in the dry matter of 32 % or more ( excluding cheeses manufactured from whey ) + 2.42 — Of 19 % or more but less than 39 % and of a water content, calculated by weight, of the non-fatty matter not exceeding 62 % ( excluding cheeses manufactured from whey) + 2.93
— Of 39 % or more :
— Asiago, Caciocavallo , Provolone , Ragusano + 3.89 — Danbo , Edam , Fontal , Fontina , Fynbo , Gouda , Havarti , Maribo , Samsø , Tilsit + 3.43 — Butterkase , Esrom , Italico , Kernhem , Saint- Nectaire , Saint-Paulin , Taleggio + 2.97 — Cantal +- 3.51
No L 134/36 22 . 5 . 78 Official Journal of the European Communities
Refund in u.a. / 100 CCT heading No Description net weight ( unless otherwise indicated )
ex 04.04 E I b) 5 — Salted Ricotta, of a fat content, by weight, of 30 % or more + 1.68 (cont'd) — Feta + 1.93 — Colby, Monterey + 3.51
— Other (excluding cheeses manufactured from whey), of a water content, calculated by weight, of the non-fatty matter :
— Exceeding 47 % but not exceeding 52 % + 3.51 — Exceeding 52 % but not exceeding 62 % + 3.43
04.04 E I c ) — Of a fat content, by weight, in the dry matter exceeding 70 % (excluding cheeses manufac tured from whey) + 2.49 — Cottage cheese +- 0.89
ex 04.04 E 11 a) Of a fat content, by weight , exceeding 20 % , of a lactose content by weight of less than 5 % and of a dry matter content, by weight :
— Of 80 % or more but less than 85 % (excluding cheeses manufactured from whey) + 4.52 —- Of 85 % or more but less than 95 % (excluding cheeses manufactured from whey) + 5.88 — Of 95 % or more (excluding cheeses manufac tured from whey) + 6.60
ex 23.07 B I a) 3 Of a content, by weight, of powdered or granu lated milk (excluding whey) :
— Of 30 % or more but less than 40 % + 0.54 C ) — Of 40 % or more but less than 50 % + 0.71 (-») — Of 50 % or more but less than 60 % + 0.88 (■>) — Of 60 % or more but less than 70 % + 1 '05 (4 ) — Of 70 % or more + 1 -22 (4)
ex 23.07 B I a) 4 Of a content, by weight, of powdered or granu lated milk (excluding whey) :
— Of 30 % or more but less than 40 % + 0.54 (4 ) — Of 40 % or more but less than 50 % + 0.71 (") — Of 50 % or more but less than 60 % +- 0.88 C ) — Of 60 % or more but less than 70 % + 1 -05 (4 ) — Of 70 % or more but less than 75 % + 1 - 22 (4 ) — Of 75 % or more but less than 80 % + 1 -30 (4) — Of 80 % or more + 1 -39 (4 )
22 . 5 . 78 No L 134 / 37 Official Journal of the European Communities
Refund in u.a./ 100 kg CCT heading No Description net weight ( unless otherwise indicated )
ex 23.07 B II Of a content, by weight, of powdered or granu lated milk (excluding whey) : — Of 50 % or more but less than 60 % + 0.88 (4 ) — Of 60 % or more but less than 70 % + 1.05 (4 ) — Of 70 % or more but less than 80 % + 1 - 22 (4 ) — Of 80 % or more + 1 -39 (4 )
(') This amount is not applicable to exports under Regulation ( EEC ) No 20 54/ 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 . ( 4 ) This amount is not applicable to exports 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 .
ANNEX II
List of adjustments applicable to refunds fixed in advance before 22 May 1978 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 in u.a./ 100 kg CCT heading No Description net weight ( unless otherwise indicated )
ex 04.02 A II Milk powder, obtained by the spray process , of a fat content by weight of less than 1.5% , and of a water content by weight of less than 5 % ( PG 2) + I - 69 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 of less than 5 % ( PG 3 ) + 2.88 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 ) + 0.77 ex 04.03 Butter of a fat content , by weight, of 82 % ( PG 6) +- 4.77