31979R2034

19 . 9 . 79 No L 235 / 21 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2034/79 of 18 September 1979 on the granting of the refund in respect of certain milk products containing added whey and/or added lactose

THE COMMISSION OF THE EUROPEAN No 2949/78 (5) ; whereas footnote (6) in the Annex to COMMUNITIES, Commission Regulation ( EEC) No 1461 /79 of 13 July 1979 fixing the export refunds on milk and milk Having regard to the Treaty establishing the European products (6) must therefore be amended accordingly ; Economic Community, Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the opinion of the Manage­ 804/68 of 27 June 1968 on the common organization ment Committee for Milk and Milk Products, of the market in milk and milk products ('), as last amended by Regulation (EEC) No 1761 /78 (2), and in HAS ADOPTED THIS REGULATION : particular Article 1 7 (4) thereof, Whereas footnotes ('), (2), (4) and (5) in the Annex to A rticle 1 Commission Regulation (EEC) No 2033/79 of 18 September 1979 fixing the export refunds on milk In the case of the refund for the part representing the and milk products (3) alter the method for calculating added whey and/or added lactose of the products the refund for certain milk products containing added referred to in footnotes ('), (2), (4) and (5) to the Annex whey and/or added lactose ; whereas for reasons of to Regulation (EEC) No 2033/79 and to the Annexes clarity it should be provided expressly that this altera­ to subsequent Regulations fixing the export refunds tion does not affect the refund fixed in advance for on milk and milk products, the provisions of those the products concerned before the entry into force of footnotes shall not apply to products in respect of Regulation (EEC) No 2033/79, since, in such a case, which the refund was fixed in advance before 19 the day on which the application for advance fixing is September 1979 . submitted is the operative date for determining in particular the characteristics of the product which are Article 2 to be taken into consideration for the purpose of calcu­ For the period 14 July to 2 August 1979, footnote (6) lating the refund ; to the Annex to Regulation (EEC) No 1461 /79 is Whereas the same treatment should be accorded to amended to read as follows : the products concerned which have been exported, or '(6) Products falling within subheading 04.02 A II for which the refund has been fixed in advance, b) of the Common Customs Tariff and dena­ during the period 14 July to 2 August 1979 ; whereas tured in accordance with Annex III to Regula­ it is moreover appropriate to specify for this period tion (EEC) No 2054/76 are also included.' the refund granted to products falling within subheading 04.02 A II b) of the Common Customs Article 3 Tariff and denatured in accordance with the formula set out in Annex III to Commission Regulation ( EEC) This Regulation shall enter into force on 19 No 2054/76 (4), as last amended by Regulation (EEC) September 1979 .

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

Done at Brussels, 18 September 1979 . For the Commission Finn GUNDELACH Vice-President

(') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 204, 28 . 7. 1978 , p. 6 . (3) See page 5 of this Official Journal (5) OJ No L 351 , 15. 12. 1978 , p. 26. («) OJ No L 228 , 20 . 8 . 1976, p. 17. (') OJ No L 177, 14. 7. 1979, p. 13 .