31971R0913

Official Journal of the European Communities 247

1.5.71 Official Journal of the European Communities No L 98/43

REGULATION (EEC) No 913/71 OF THE COMMISSION of 30 April 1971

on the restriction of products to which the special rules for payment of the refund laid down in Regulation (EEC) No 441/69 are applicable

THE COMMISSION OF THE EUROPEAN COM­ Whereas in accordance with the provisions of the MUNITIES, first subparagraph, of Article 3 (2) of Regulation ( EEC) No 441 /69, that list includes only products of Having regard to the Treaty establishing the a kind that can be stored and that cannot be sold on European Economic Community ; the world market at the time they are manufactured ; whereas butter can be disposed of without difficulty on the world market under present conditions ; Having regard to Council Regulation (EEC) No whereas this product should not, therefore, appear on 804/68 1 of 27 June 1968 , on the common that list ; organisation of the market in milk and milk products, as last amended by Regulation (EEC) No Whereas the Management Committee for Milk and 1253/70,2 and in particular Article 17 (4); Milk Products has not delivered an Opinion within the time limit set by its Chairman ; Whereas it appears from the provisions of Article 2 of Council Regulation (EEC) No 441/693 of 4 March HAS ADOPTED THIS REGULATION : 1969 laying down additional general rules for granting export refunds on products subject to a Article 1 single price system, exported unprocessed or in the form of certain goods not covered by Annex II to the 1 . The following shall be substituted for the title Treaty, as last amended by Regulation ( EEC ) No of Annex I to Regulation (EEC) No 441 /69 ; 2644/704 ; whereas the arrangements for advance payment of the refund contained in these provisions 'List provided for in Article 21.' do not apply to products or goods manufactured from basic products which can be disposed of The following footnote shall be added to that Annex : without difficulty; whereas butter is at present a case in point ; whereas therefore, in accordance with the '( 1 ) The provisions of Article 2 do not apply to provisions of Article 2 (3 ) of Regulation (EEC) No butter falling within heading No 04.03 of the 441/69, these arrangements should not apply to the Common Customs Tariff and intended for products listed in Annex I to this Regulation, if they export after processing into products or are manufactured from butter ; goods included in this list.'

2 . The item 'ex 04.03 B — butter containing more Whereas Annex II to Regulation (EEC) No 441 /69 than 99-5% of fat by weight' in Annex I to lists the products or goods to which the special rules Regulation (EEC) No 441 /69 shall be deleted. for payment of the refund laid down in that Regulation applies ; whereas the second subparagraph of Article 3 (2) of that Regulation permits the Article 2 Commission to review and if necessary to amend that list ; This Regulation shall enter into force on 1 May 1971 . It shall not, however, be applicable to those products or goods which, at the date of entry into force of this 1 OJ No L 148, 29.6.1968, p. 13 . Regulation, are subject to a special system of advance 2 OJ No L 143 , 1.7.1970, p. 1 . payment of the refund as laid down by Regulation 3 OJ No L 59, 10.3.1969, p. 3 . (EEC) No 441/69, or for which an export licence has 4 OJ No L 270, 24.12.1970, p. 37. been issued prior to that date.

248 Official Journal of the European Communities

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

Done at Brussels, 30 April 1971 .

For the Commission The President

Franco M. MALFATTI