31979R0857

No L 108 / 26 Official Journal of the European Communities 1 . 5 . 79

COMMISSION REGULATION ( EEC) No 857/ 79 of 30 April 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 192/75 (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 1298 /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 their effective parity ; Having regard to the opinion of the Monetary — for other currencies, an exchange rate based on the Committee, arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Whereas, pursuant to Article 4 of Regulation (EEC) relation to the Community currencies referred to No 1111 /77, provision may be made for an export in the previous indent ; refund for isoglucose ; Whereas Council Regulation (EEC) No 652/79 of 29 Whereas the level of the refund must be determined, March 1979 (4) laid down the coefficient for per 100 kilograms of dry matter, taking into account expressing amounts, fixed in units of account, in the following, in particular : ECU ; — the export refund on products falling within Whereas it follows from applying the detailed rules subheading 17.02 B II a) of the Common Customs set out above that the refund for isoglucose should be Tariff ; as set out in the Annex hereto ; — any production refund granted for the basic product used in the manufacture of products Whereas the measures provided for in this Regulation falling within subheading 17.02 B II a) ; are in accordance with the opinion of the Manage­ ment Committee for Isoglucose, — the production levy referred to in Article 9 of Regulation (EEC) No 1111 /77 and the economic aspects of the proposed exports ; HAS ADOPTED THIS REGULATION : Whereas, following the judgment rendered by the Article 1 Court of Justice of the European Communities in Cases 103/77, 125/77 and 145/77, there is uncertainty The export refunds on the products referred to in as to whether the abovementioned production levy is to be taken into account in the calculation of the Article 1 of Regulation (EEC) No 1111 /77 shall be as set out in the Annex hereto . refund ; whereas it is therefore appropriate not to take the said levy into account in the calculation at present but to provide for the refund to be increased by an Article 2 amount equal to that of the production levy, should The amounts indicated in the Annex shall , at the there be one, in force at the time of export of the request of the interested party concerned, be increased quantity of isoglucose in question ; by an amount equal to the production levy, should Whereas the refund must be the same throughout the there be one, in force on the day of the completion of Community ; whereas it may be varied according to the customs export formalities in respect of the destination ; products shown in the Annex .

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

(•) OJ No L 134, 28 . 5 . 1977, p. 4. (3 ) OJ No L 162, 1 . 7. 1977, p. 9 . 2 OJ No L 160, 17 . 6 . 1978 , p. 9 . (4 ) OJ No L 84, 4 . 4 . 1979 , p. I.

1 . 5 . 79 Official Journal of the European Communities No L 108 / 27

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

Done at Brussels, 30 April 1979 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

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

(in ECU )

CCT Refund per 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 15-55 (!) 21.07 Food preparations not elsewhere specified or included : F. Flavoured or coloured sugar syrups : III . Isoglucose 1 5-55 (*)

(') Applicable only to products referred to in Article 3 of Regulation ( EEC) No 1469/ 77 .