31979R0614

No L 79 / 26 31 . 3 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 614/ 79

of 30 March 1979

fixing the export refunds on isoglucose

THE COMMISSION OF THE EUROPEAN Whereas the refund is granted only in respect of iso­ COMMUNITIES , glucose satisfying the conditions laid down in Article 3 of Commission Regulation (EEC) No 1469/77 of 30 Having regard to the Treaty establishing the European June 1977 laying down rules for applying the levy Economic Community, and the refund in respect of isoglucose and amending Regulation (EEC) No 1 92/75 (3) ; Having regard to Council Regulation (EEC) No 1111 /77 of 17 May 1977 laying down common provi­ Whereas, if the refund system is to operate normally, sions for isoglucose ('), as last amended by Regulation refunds should be calculated on the following basis : (EEC) No 1 298 /78 (2), and in particular the first — in the case of currencies which are maintained in sentence of the third subparagraph of Article 4 (2) and relation to each other at any given moment within paragraph 5 thereof, a band of 2-25 % , a rate of exchange based on Having regard to the opinion of the Monetary their effective parity ; Committee, — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each Whereas, pursuant to Article 4 of Regulation (EEC) of these currencies recorded for a given period in No 1111 /77, provision may be made for an export relation to the Community currencies referred to refund for isoglucose ; in the previous indent ;

Whereas the level of the refund must be determined, Whereas it follows from applying the detailed rules per 100 kilograms of dry matter, taking into account set out above that the refund for isoglucose should be the following, in particular : as set out in the Annex hereto ;

— the export refund on products falling within Whereas the measures provided for in this Regulation subheading 17.02 B II a) of the Common Customs are in accordance with the opinion of the Manage­ Tariff ; ment Committee for Isoglucose, — any production refund granted for the basic product used in the manufacture of products falling within subheading 17.02 B II a) ; HAS ADOPTED THIS REGULATION : — the production levy referred to in Article 9 of Regulation (EEC) No 1111 /77 and the economic aspects of the proposed exports ; Article 1

Whereas, following the judgment rendered by the The export refunds on the products referred to in Court of Justice of the European Communities in Article 1 of Regulation (EEC) No 1111 /77 shall be as Cases 103 /77, 125/77 and 145/77, there is uncertainty set out in the Annex hereto . as to whether the abovementioned production levy is to be taken into account in the calculation of the refund ; whereas it is therefore appropriate not to take Article 2 the said levy into account in the calculation at present but to provide for the refund to be increased by an The amounts indicated in the Annex shall, at the amount equal to that of the production levy, should request of the interested party concerned, be increased there be one, in force at the time of export of the by an amount equal to the production levy, should quantity of isoglucose in question ; there be one, in force on the day of the completion of the customs export formalities in respect of the Whereas the refund must be the same throughout the products shown in the Annex. Community ; whereas it may be varied according to destination ;

Article 3 Whereas the said refunds must be fixed every month ; whereas they may be altered in the intervening This Regulation shall enter into force on 1 April period ; 1979 .

(') UJ INo L 134, Z8 . 3 . 1 ?//, p. (2) OI No L 160, 17 . 6 . 1978 , p. 9 . (3) OJ No L 162, 1 . 7. 1977, p. 9 .

31 . 3 . 79 No L 79 / 27 Official Journal of the European Communities

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

Done at Brussels, 30 March 1979 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

to the Commission Regulation of 30 March 1979 fixing the export refunds on isoglucose

(in u.a.)

Refund per CCl Description 100 kg of heading No dry matter

17.02 Other sugars in solid form ; sugar syrups, not containing added flavouring or colouring matter ; artificial honey, whether or not mixed with natural honey ; caramel :

D. Other sugars and syrups : I. Isoglucose 12.99 (1 )

21.07 Food preparations not elsewhere specified or included :

F. Flavoured or coloured sugar syrups : III . Isoglucose 12-99 (!)

(') Applicable only to product * referred to in Article \ of Regulation ( EEC ) No 146 ^/ 77 .