31979R1069

No L 135/26 1 . 6 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1069/79 of 31 May 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 June 1977 laying down rules for applying the levy Having regard to the Treaty establishing the European and the refund in respect of isoglucose and amending Economic Community, Regulation (EEC) No 192/75 (3) ; Having regard to Council Regulation (EEC) No Whereas, if the refund system is to operate normally, 1111 /77 of 17 May 1977 laying down common provi­ refunds should be calculated on the following basis : sions for isoglucose ('), as last amended by Regulation — in the case of currencies which are maintained in (EEC) No 1298/78 (2), and in particular the first 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 Whereas the measures provided for in this Regulation product used in the manufacture of products are in accordance with the opinion of the Manage­ falling within subheading 17.02 B II a) ; 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 Article 1 of Regulation (EEC) No 1111 /77 shall be as to be taken into account in the calculation of the 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 Article 2 but to provide for the refund to be increased by an 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 there be one, in force on the day of the completion of Whereas the refund must be the same throughout the the customs export formalities in respect of the Community ; whereas it may be varied according to products shown in the Annex. 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 June 1979 . period ; (') OJ No L 134, 28 . 5 . 1977, p. 4. (») OJ No L 162, 1 . 7. 1977, p . 9 . M OJ No L 160, 17. 6. 1978, p. 9. (4) OJ No L 84, 4. 4. 1979, p. 1 .

1 . 6 . 79 No L 135/27 Official Journal of the European Communities

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

Done at Brussels, 31 May 1979 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 31 May 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 14.78 (') 21.07 Food preparations not elsewhere specified or included : F. Flavoured or coloured sugar syrups : III . Isoglucose 14.78 (')

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