31972R0369

100 Official Journal of the European Communities

23.2.72­ Official Journal of the European Communities No L 47/9

REGULATION (EEC) No 369/72 OF THE COMMISSION

of 22 February 1972 amending Regulation (EEC) No 2637/70 as regards the period of validity of export licences for milk and milk products

THE COMMISSION OF THE EUROPEAN COM­ Whereas the measures provided for in this Regulation MUNITIES, are in accordance with the Opinion of the Management Committee for Milk and Milk Products ; Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION : Having regard to Council ~ Regulation ( EEC ) No 804/68 1 of 27 June 1968 on the common organization Article 1 of the market in milk and milk products, as last amended by Regulation (EEC ) No 1410/ 71 ,2 and in The following shall be substituted for Article 35 of particular Articles 13 (3 ) and 17 (4) thereof; Regulation (EEC) No 2637/70 :

Whereas the currrent market situation makes it 'Article 35 possible to extend the period of validity of export licences for certain products ; whereas , in the case of 1 . An import licence shall be valid from its milk powder, a special period of validity should no date of issue within the meaning of Article 8 ( 1 ) longer be fixed for a product not put up in small of Regulation (EEC) No 1373/70 until the end of the second month following that of issue . packages for retail sale; whereas Article 35 of Commission Regulation (EEC) No 2637/703 of 23 December 1970 on special detailed rules for the 2. An export licence issued in accordance with application of the system of import and export the provisions of Regulation (EEC ) No 2683 /70, licences and advance fixing certificates for with advance fixing of the refund, shall be valid agricultural products, as last amended by Regulation from its date of issue within the meaning of (EEC) No 161/72,4 should therefore be amended ; Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until the expiry of the period specified in the list annexed to this Regulation . Whereas it has proved necessary, at the same time, to lay down the detailed rules to be applied when the However, in certain cases provision may be made period of validity differs according to the for a special period of validity. presentation of a product; Where, in the list in the Annex, provision is made for a period of validity of the export licence Whereas, in the interests of clarity and in view of all which differs according to the presentation of the the amendments which have been made, the text of product, section 12 "Special remarks" of the Article 35 of Regulation (EEC) No 2637/70 as it now export licence shall contain the description of the stands should be published in its entirety, and the product given under the corresponding heading in period of validity of export licences should be fixed the list. Such licence shall be valid only for a in the Annex to this Regulation; product of that description. Where, in the list in the Annex, a compulsory destination is laid down but the export licence for 1 OJ No L 148, 28.6.1968, p. 13 . the product in question does not show the 2 OJ No L 148, 3.7.1971, p. 3 . compulsory destination, exportation to a 3 OJ No L 283 , 29.12.1970, p. 15 . destination other than that compulsory 4 OJ No L 22, 26.1.1972, p . 10. destination shall be obligatory.

Official Journal of the European Communities 101

3 . In the case of an export in connection with and 04.02 B I ( b) 2 ( aa) of the Common an invitation to tender opened in an importing Customs Tariff; third country or by the armed forces referred to — 12 months following the month of issue in Article 36 ( 1 ), the export licence shall be valid within the meaning of Article 8 ( 1 ) of from its date of issue within the meaning of Regulation ( EEC ) No 1373/ 70, as regards Article 8 ( 1 ) of Regulation ( EEC ) No 1373/70 other products listed in Article 1 of until the date by which any obligations under the Regulation ( EEC ) No 804/68 .' award of that contract are to be fulfilled .

However, the period of validity of the licence Article 2 may not exceed : ( a) 18 months following the month of issue The Annex to this Regulation shall be added to within the meaning of Article 8 ( 1 ) of Regulation (EEC) No 2637/70. Regulation (EEC) No 1373/70, in the case of exports within the framework of an invitation Article 3 to tender opened by the armed forces in accordance with Article 36 ( 1 ); This Regulation shall enter into force on 24 February ( b ) in other cases : 1972 . — the period provided for in the list in the Annex, as regards exports of products However, the period of validity of licences issued falling within subheadings Nos 04.02 A II before the entry into force of this Regulation shall ( a ) 1 , 04.02 A II (b ) 1 , 04.02 B I ( b ) 1 ( aa ) not be affected by this Regulation.

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

Done at Brussels, 22 February 1972.

For the Commission

The President

Franco M. MALFATTI

102 Official Journal of the European. Communities

ANNEX

List referred to in Article 35 (2)

Period of validity of export licences for milk and milk products

CCT Period of Compulsory heading , Description of goods validity destination No

ex 04.01 B In immediate packings of — (a) 30 days: a net capacity exceeding 500 g 04.02 A II (b) — <ex 04.02 A III (b) In immediate packings of a net capacity exceeding 500 g and of a fat content exceeding 11% by weight 04.02 B I (b) 2 ex 04.02 B II (b) In immediate packings of — a net capacity exceeding 500 g and of a fat content exceeding 9-5% by weight 04.03 — 23.07 B I (a) 4

(b) 60 days: 04.02 A II (a) 1 04.02 B I (b) 1 (aa) ex 04.04 E I (b) 1 Cheddar and Chester exported Zone E to Zone E

(c) until the end of The other products listed in Article 1 of Regulation the third calen­ (EEC) No 804/68 dar month following that of issue of the licence :