22. 5. 78 Official Journal of the European Communities No L 134/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1037/78 of 22 May 1978 amending the Annex to Regulation (EEC) No 804/68 on the common organiza- tion of the market in milk and milk products THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment ('), Whereas, under Article 17 (1) of Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (), as last amended by Regulation (EEC) No 2560/77 (3), refunds may be granted to the extent necessary to enable such products to be exported either in unprocessed form or in the form of goods listed in the Annex; Whereas, in view of the development of milk product prices in international trade, provision should be made for the possibility of granting refunds for milk products incorporated in goods falling within heading No 22.09 of the Common Customs Tariff, so as to enable industries exporting such goods to use milk products of Community origin ; whereas, to this end, an addition should be made to the Annex to Regula- tion (EEC) No 804/68 ; Whereas furthermore the complete heading No 21.07 is included in this Annex; whereas in the new customs nomenclature for agricultural products, adopted in accordance with the recommendation of the Customs Cooperation Council, the products which fell within subheading 17.05 A are henceforth classified under the new subheading 21.07 F ; whereas subheading 17.05 A was not included in the Annex to Regulation (EEC) No 804/68 and no refund was granted under this Regulation for milk products exported in the form of goods falling within this subheading ; whereas, consequently, for the sake of clarity of interpretation, subheading 21.07 F must be excluded from the Annex to Regulation (EEC) No 804/68 ; Whereas, for the same reasons of clarity, this Annex should be replaced by a new text, HAS ADOPTED THIS REGULATION : Article 1 The Annex to Regulation (EEC) No 804/68 is hereby replaced by the Annex hereto. Article 2 This Regulation shall enter into force on 22 May 1978. This Regulation shall be binding in its entirety and directly applicable in all Member States. « Done at Brussels, 22 May 1978. (1) Opinion delivered on 12 May 1978 (not yet published in the Official Journal). () OJ No L 148, 28. 6. 1968, p. 13. (®) OJ No L 303, 28. 11. 1977, p. I. For the Council The President K. HEINESEN