31979R0617

31 . 3 . 79 No L 79 / 33 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 617/79 of 30 March 1979 fixing the rate of the refund applicable from 1 April 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN Whereas, following the Judgment rendered by the COMMUNITIES, Court of Justice of the European Communities in Cases 103/77, 125/77 and 145/77, there is uncertainty as to whether the production levy mentioned in Having regard to the Treaty establishing the European Article 9 of Regulation (EEC) No 1111 /77 is to be Economic Community, taken into account in the calculation of the refund ; whereas it is therefore appropriate not to take the said Having regard to Council Regulation (EEC) No levy into account in the calculation at present but to 1111 /77 of 17 May 1977 laying down common provi­ provide for the refund to be increased by an amount sions for isoglucose ('), as last amended by Regulation equal to that of the production levy, should there by (EEC) No 1 298/78 (2), and in particular the first one, in force at the time of export of the quantity of sentence of the third subparagraph of Article 4 (2) and isoglucose in question ; paragraph 5 thereof, Whereas the measures provided for in this Regulation Whereas, pursuant to Article 4 of Regulation (EEC) are in accordance with the opinion of the Manage­ No 1111 /77, provision may be made for a refund on ment Committee for Isoglucose, the export of isoglucose in the form of the goods shown in the Annex to that Regulation ;

Whereas Council Regulation (EEC) No 2682/72 of 12 December 1972 laying down general rules for granting export refunds for certain agricultural HAS ADOPTED THIS REGULATION : products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 707/78 (4), specifies that a rate of Article 1 refund should be fixed and apply when isoglucose covered by Common Customs Tariff subheading 17.02 D I is exported in the form of goods listed in The rate of the refund applicable from 1 April 1979 to the Annex to Regulation (EEC) No 1111 /77 ; isoglucose of Common Customs Tariff subheading 1 7.02 D I exported in the form of goods listed in the Annex to Regulation (EEC) No 1111 /77 is fixed as Whereas, in accordance with the first subparagraph of shown in the Annex hereto . Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate of the refund must be fixed for each month ;

Whereas, in accordance with paragraph 2 of that Article 2 Article , that rate must be determined with particular reference to : The amount indicated in the Annex shall , at the (a) the level of the refunds on exports of processed request of the interested party, be increased by an agricultural products covered by Annex II to the amount equal to the production levy, should there be one, in force on the day of the completion of the Treaty which are manufactured under similar conditions ; customs export formalities in respect of the products shown in the Annex . (b) the need to ensure equality of competition for the industries which use Community products and those which use third-country products under inward processing arrangements ; Article 3 (') OJ No L 134, 28 . 5 . 1977, p. 4 . (2 ) OJ No L 160 , 17 . 6 . 1978 , p. 9 . This Regulation shall enter into force on 1 April (3 ) OJ No L 289, 27. 12. 1972, p. 13 . 1979 . (4 ) OJ No L 94, 8 . 4 . 1978 , p. 7 .

No L 79/34 Official Journal of the European Communities 31 . 3 . 79

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

Done at Brussels, 30 March 1979 .

For the Commission Étienne DAVIGNON Member of the Commission

ANNEX

to the Commission Regulation of 30 March 1979 fixing the rate of the refund applicable from 1 April 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty ( in ii. J. I Amount of refund CCT heading No Description for 100 kg of dry matter

17.02 D I Isoglucose 12-99