31979R1072
1 . 6 . 79 No L 135/ 33 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1072 / 79 of 31 May 1979 fixing the rate of the refund applicable from 1 June 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN those which use third-country products under COMMUNITIES , inward processing arrangements ;
Whereas, following the Judgment rendered by the Having regard to the Treaty establishing the European Court of Justice of the European Communities in Economic Community , Cases 103/77, 125/ 77 and 145/77, there is uncertainty as to whether the production levy mentioned in Having regard to Council Regulation ( EEC) No Article 9 of Regulation ( EEC) No 1111 /77 is to be taken into account in the calculation of the refund ; 1 1 1 1 /77 of 17 May 1977 laying down common provi whereas it is therefore appropriate not to take the said sions for isoglucose ('), as last amended by Regulation ( EEC) No 1 298 /78 (2 ), and in particular the first levy into account in the calculation at present but to sentence of the third subparagraph of Article 4 (2) and provide for the refund to be increased by an amount paragraph 5 thereof, equal to that of the production levy, should there by one, in force at the time of export of the quantity of isoglucose in question ; Whereas, pursuant to Article 4 of Regulation ( EEC) No 1111 /77, provision may be made for a refund on Whereas the measures provided for in this Regulation the export of isoglucose in the form of the goods are in accordance with the opinion of the Manage shown in the Annex to that Regulation ; ment Committee for Isoglucose,
Whereas Council Regulation ( EEC) No 2682/72 of 12 December 1972 laying down general rules for granting export refunds for certain agricultural products exported in the form of goods not covered HAS ADOPTED THIS REGULATION : 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 refund should be fixed and apply when isoglucose Art iclc 1 covered by Common Customs Tariff subheading 17.02 D I is exported in the form of goods listed in the Annex to Regulation ( EEC) No 1111 /77 ; The rate of the refund applicable from 1 June 1979 to isoglucose of Common Customs Tariff subheading 17.02 D I exported in the form of goods listed in the Whereas, in accordance with the first subparagraph of Annex to Regulation ( EEC) No 1111 /77 is fixed as Article 4 ( 1 ) of Regulation ( EEC) No 2682/72, the rate shown in the Annex hereto . 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 request of the interested party, be increased by an (a) the level of the refunds on exports of processed amount equal to the production levy, should there be agricultural products covered by Annex II to the one, in force on the day of the completion of the Treaty which are manufactured under similar customs export formalities in respect of the products conditions ; shown in the Annex . (b) the need to ensure equality of competition for the industries which use Communitv oroducts and
Article 3 (>) OJ No L 134, 28 . 5 . 1977 , p. 4 . (-') OJ No L 160 , 17 . 6 . 1978 , p. 9 . (3 ) OJ No L 289 , 27 . 12 . 1972, p. 13. 4 OJ No L 94, 8 . 4 . 1978 , p. 7 . This Regulation shall enter into force on 1 June 1979 .
No L 135/34 Official Journal of the European Communities 1 . 6. 79
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 rate of the refund applicable from 1 June 1979 to isoglucose exported in the form of goods not covered by Annex II to the Treaty
(in IX. V)
Amount of rotund CCT heading No Description for 100 kg of dry matter
17.02 D I Isoglucose 14.78