31980R1338

31 . 5 . 80 No L 135/43 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1338/80

of 30 May 1980 fixing die rates of the refunds applicable from 1 June 1980 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 ;

Having regard to the Treaty establishing the European (c) the need to ensure equality of competition for the Economic Community, industries which use Community products and 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 (^ 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 granting export refunds on certain agricultural Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 products exported in the form of goods not covered provides for the payment of aid for Community-pro­ by Annex II to the Treaty, and criteria for fixing the duced skimmed milk processed into casein if such amount of such refunds (3), as last amended by Regula­ milk and the casein manufactured from it fulfil tion (EEC) No 707/78 (4), specifies the products for certain conditions set out in Article 1 of Council Regu­ which a rate of refund should be fixed, to be applied lation (EEC) No 987/68 of 15 July 1968 laying down where these products are exported in the form of general rules for granting aid for skimmed milk goods listed in the Annex to Regulation (EEC) No processed into casein or caseinates (5), as last amended 804/68 : by the Act of Accession (6) ; whereas, pursuant to Article 1 (2) (b) of Regulation (EEC) No 2682/72, skimmed milk thus defined is assimilated to milk Whereas, in accordance with the first subparagraph of powder complying with the definition of the pilot Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate products Group No 2 listed in Annex I to Council of the refund per 100 kilograms for each of the basic Regulation (EEC) No 2915/79 of 18 December 1979 products in question must be fixed for each month ; determining the groups of products and the special provisions for calculating levies on milk and milk products and amending Regulation (EEC) No 950/68 Whereas, in accordance with paragraph 2 of that on the Common Customs Tariff ( 7) ; whereas a rate of Article, that rate must be determined with particular refund should be fixed for this milk powder ; reference to :

(a) the average costs incurred by processing industries Whereas Article 2 of Commission Regulation (EEC) in obtaining supplies of the basic products in ques­ No 756/70 of 24 April 1970 on granting aid for tion on the Community market and the prices skimmed milk processed into casein or caseinates (8), ruling on the world markets ; as last amended by Regulation (EEC) No 873/80 (9) ; fixes the aid per 100 kilograms of skimmed milk (b) the level of the refunds on exports of processed processed into casein or caseinates according to type ; agricultural products covered by Annex II to the (5) OJ No L 169, 18 . 7. 1968, p. 6. (') OJ No L 148, 28 . 6. 1968, p. 13. (6) OJ No L 73, 27. 3 . 1972, p. 14. (J) OJ No L 204, 28. 7. 1978 , p. 6. 7) OJ No L 329 , 24. 12. 1979, p. 1 . (J ) OJ No L 289, 27. 12. 1972, p. 13. (8) OJ No L 91 , 25. 4 . 1970, p. 28 . (4) OJ No L 94, 8. 4. 1978 , p. 7. O OJ No L 94, 11 . 4. 1980, p. 10 .

No L 135/44 Official Journal of the European Communities 31 . 5 . 80

whereas Commission Regulation (EEC) No 262/79 of HAS ADOPTED THIS REGULATION : 12 February 1979 on the sale of butter at reduced prices for use in the manufacture of pastry products, Article 1 ice-cream and other foodstuffs (1), as last amended by Regulation (EEC) No 925/80 (2), and Commission 1 . The rates of the refunds applicable from 1 June Regulation (EEC) No 1468/79 of 13 July 1979 on the 1980 to the basic products appearing in Annex A to granting of aid for butter from private storage for use Regulation (EEC) No 2682/72 and listed in Article 1 in the manufacture of pastry products, ice-cream and of Regulation (EEC) No 804/68, exported in the form other foodstuffs (3), as amended by Regulation (EEC) of goods listed in the Annex to Regulation (EEC) No No 2548/79 (4 ), authorizes delivery of butter at 804/68, are hereby fixed as shown in the Annex to reduced prices to industries which manufacture this Regulation . certain goods ; whereas butter bought under the system of Regulation (EEC) No 232/75 (5), replaced by 2. No rates of refund are fixed for any of the Regulation (EEC) No 262/79, and used in the manu­ products referred to in the preceding paragraph which facture of certain exported goods, should be taken into are not listed in the Annex to this Regulation . account ; Whereas the measures provided for in this Regulation Article 2 are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, This Regulation shall enter into force on 1 June 1980 .

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

Done at Brussels, 30 May 1980 .

For the Commission

Étienne DAVIGNON

Member of the Commission

(>) OJ No L 41 , 16. 2. 1979, p. 1 . (2) OJ No L 99, 17. 4. 1980, p. 13. (>) OJ No L 177, 14. 7. 1979, p. 40. (<) OJ No L 290, 17. 11 . 1979, p. 51 (s) OJ No L 24, 31 . 1 . 1975, p. 45.

31 . 5. 80 Official Journal of the European Communities No L 135/45

ANNEX

to the Commission Regulation of 30 May 1980 fixing the rates of the refunds applicable from 1 June 1980 to certain milk products exported in die form of goods not covered by Annex II to the Treaty

(ECU/100 kg)

CCT Rate of boding Description refund No

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 (FG 2) :

— a) On exportation of goods of CCT heading No 35.01 1

b) On exportation of other goods 50-00

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of 26 % by weight and a water content of less than 5 % by weight (PG 3) 97-70

ex 04.02 A III Concentrated milk, with a fat content by weight of 7-5 % and a content by weight in dry matter equal to 25 % (PG 4) 23-69

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 Regulation (EEC) No 232/75, Articles 4 and 5 of Regulation (EEC) No 262/79 and Article 1 of Regulation (EEC) No 1468/79 :

— goods falling within CCT heading No 19.08 or subheadings 18.06 B and 21.07 C, \

— powdered preparations for making ice-cream and similar edible products called 'ice-mix' foiling 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 % 170-53

c) On exportation of other goods 163-00