31979R0859

No L 108 /30 1 . 5 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 859/79

of 27 April 1979

fixing the rates of the refunds applicable from 1 May 1979 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 ;

(c) the need to ensure equality of competition for the Having regard to the Treaty establishing the European industries which use Community products and Economic Community, 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 milk and milk products (J ), as last Whereas Article 4 (3) of Regulation (EEC) No 2682/72 amended by Regulation (EEC) No 1761 /78 (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 Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 granting export refunds on certain agricultural provides for the payment of aid for Community-pro­ products exported in the form of goods not covered duced skimmed milk processed into casein if such by Annex II to the Treaty, and criteria for fixing the milk and the casein manufactured from it fulfil amount of such refunds (3), as last amended by Regula­ certain conditions set out in Article 1 of Council Regu­ tion (EEC) No 707/78 (4), specifies the products for lation (EEC) No 987/68 of 15 July 1968 laying down which a rate of refund should be fixed, to be applied general rules for granting aid for skimmed milk where these products are exported in the form of processed into casein or caseinates (5), as last amended goods listed in the Annex to Regulation (EEC) No by the Act of Accession (6) ; whereas, pursuant to 804/68 : Article 1 (2) (b) of Regulation (EEC) No 2682/72, skimmed milk thus defined is assimilated to milk powder complying with the definition of the pilot Whereas, in accordance with the first subparagraph of products Group No 2 listed in Annex I to Council Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate Regulation ( EEC) No 823/68 of 28 June 1968 deter­ of the refund per 100 kilograms for each of the basic mining the groups of products and the special provi­ products in question must be fixed for each month ; sions for calculating levies on milk and milk products (7), as last amended by Regulation (EEC) No 1000 / 78 (8) ; whereas a rate of refund should be fixed Whereas, in accordance with paragraph 2 of that for this milk powder ; Article, that rate must be determined with particular reference to :

(a) the average costs incurred by processing industries Whereas Article 2 of Commission Regulation (EEC) No 756/70 of 24 April 1970 on granting aid for in obtaining supplies of the basic products in ques­ tion on the Community market and the prices skimmed milk processed into casein or caseinates (9), as last amended by Regulation (EEC) No 984/77 ( 10) ; ruling on the world markets ; fixes the aid per 100 kilograms of skimmed milk processed into casein or caseinates according to type ; (b) the level of the refunds on exports of processed agricultural products covered by Annex II to the (5 ) OJ No L 169 , 18 . 7. 1968 , p . 6 . (fe) OJ No L 73 , 27 . 3 . 1972, p . 14. (») OJ No L 148, 28 . 6. 1968 , p. 13 . ( 7) OJ No L 151 , 30 . 6 . 1968 , p. 3 . (2) OJ No L 204, 28 . 7. 1978, p. 6. (8) OJ No L 130 , 18 . 5 . 1978 , p. 7. (3) OJ No L 289, 27. 12. 1972, p. 13 . (9) OJ No L 91 , 25 . 4. 1970, p. 28 . (4) OJ No L 94, 8 . 4. 1978 , p. 7. ( 10) OJ No L 118 , 11 . 5. 1977, p. 8 .

1 . 5 . 79 Official Journal of the European Communities No L 108 /31

Whereas Commission Regulation (EEC) No 262/79 of Regulation (EEC) No 2682/72 and listed in Article 1 12 February 1979 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 ice-cream and other foodstuffs ( J ), as amended by 804/68 , are hereby fixed as shown in the Annex to Regulation (EEC) No 545/79 (2), authorizes delivery of this Regulation . butter at reduced prices to industries which manufac­ ture certain goods ; whereas butter bought under the system of Regulation (EEC) No 232/75 (3), replaced by Regulation (EEC) No 262/79, and used in the manu­ 2. No rates of refund are fixed for any of the facture of certain exported goods, should be taken into products referred to in the preceding paragraph which account ; 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 1979 to the basic products appearing in Annex A to This Regulation shall enter into force on 1 May 1979.

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

Done at Brussels, 27 April 1979 .

For the Commission

fitienne DAVIGNON

Member of the Commission

(!) OJ No L 41 , 16 . 2 . 1979, p. 1 . (2) OJ No L 72, 23 . 3 . 1979, p. 16 . 3) OJ No L 24, 31 . 1 . 1975, p. 45 .

No L 108/32 Official Journal of the European Communities 1 . 5 . 7.9

ANNEX

to the Commission Regulation of 27 April 1979 fixing the rates of the refunds applicable from 1 May 1979 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

( ECU/ 100 kg)

CCT Rate of heading Description No refund

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of less than 1-5 %> 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 80-44

ex 04.02 A I Powdered milk, obtained by the spray process , with a fat content of 26 % by weight and a water content of less than 5 °/o by weight ( PG 3 ) 113-10

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) 24-37

ex 04.03 Butter, with a fat content by weight of 82 % (PG 6) :

a ) On exportation of the following goods manufactured under the conditions laid down in Article 6 of Regu­ lation ( EEC) No 232/ 75 and Articles 4 and 5 of Regulation ( EEC) No 262/79 : — goods falling within CCT heading No 19 J08 or subheadings 18.06 B and 21.07 C , — powdered preparations for making ice-cream and similar edible products called 'ice-mix ' falling within CCT subheading 18.06 D and heading No 21.07, — raw doughs and powdered preparations falling within CCT subheading 19.02 B II b ).

b) On exportation of goods of CCT subheadings 21.07 G VII a ) and 21.07 G VIII a ) with a content of non-milk fats of more than 20 % 207-79

c) On exportation of other goods 198 - 90