31973R0291

No L 32/30 Official Journal of the European Communities 2 . 2 . 73

REGULATION ( EEC) No 291 /73 OF THE COMMISSION of 31 January 1973 fixing the rates of the refunds applicable from 1 February 1973 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN ( a ) the average costs incurred by processing indus­ COMMUNITIES , tries in obtaining supplies of the basic products in question on the Community market and the prices ruling on the world market ;

Having regard to the Treaty establishing the Euro­ pean Economic Community ; ( b ) the level of the refunds on exports , of processed agricultural products covered by Annex II to the . Treaty which are manufactured under similar con­ Having regard to Council Regulation (EEC) No 804/ ditions ; 68 (*) of 27 June 1968 on the common organization of the market in milk and milk products, as last amended by Regulation (EEC) No 1410/71 (2), and ( c) the need to ensure equality of competition for the in particular the second subparagraph of Article 17 industries which use Community products and (4 ) thereof ; those which use third-country produces, under inward processing arrangements ;

Whereas Article 17 ( 1 ) of Regulation ( EEC) No 804/68 provides that the difference between prices in international trade for the products listed in Article 1 (a ), ( b ), ( c) and (e) of that Regulation and prices Whereas Article 4 (3 ) of Regulation (EEC) No within the Community imay be covered by an export 2682/72 provides that, when the rate of the refund is refund ; whereas Council Regulation (EEC ) No 2682/ being fixed, account should be taken, where neces­ 72 (3 ) of 12 December 1972 (laying down general sary, of production refunds, aid's or bthfr measures rules for granting export refunds on certain agricul­ having equivalent effect applicable in all Member tural products exported 'in the form of goods not States in accordance with the Regulation on the com­ covered by Annex II to the Treaty, and criteria for mon organization of the market in the product in fixing the amount of such refunds, specifies the pro­ question to the basic products listed in Annex A to ducts for which a rate of refund should be fixed , to that Regulation or to assimilated products ; be applied where these products are exported in the form of goods listed in the Annex to Regulation (EEC ) No 804/68 ;

Whereas Article 11 ( 1 ) of Regulation (EEC) No Whereas, in accordance with the first subparagraph 804/68 provides for the payment of aid for Commu­ of Article 4 ( 1 ) of Regulation ( EEC) No 2682/72, the nity-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil rate of the refund per 100 kg for each of the basic certain conditions set out in Article 1 of Council products in question must be fixed for each month ; Regulation (EEC ) No 987/68 (4) of 15 July 1968 lay­ ing down general rules for granting aid for skimmed milk processed into casein or caseinates ; whereas, Whereas, in accordance with paragraph 2 of that pursuant to Article 1 (2) ( b) of Regulation (EEC) No Article, that rate must be determined with particular 2682/72, skimmed milk thus defined is assimilated reference to : to milk powder complying with the definition of the

(») OJ No L 148 , 28.6 . 1968 , p . 13 . ( 2) OJ No L 148 , 3 . 7 . 1971 , p . 3 . (3) OJ No L 289, 27. 12 . 1972 , p . 13 . (4 ) OJ No L 169, 18 . 7 . 1968 , p . 6 .

2 . 2 . 73 Official Journal of the European Communities No L 32/31

pilot product Group No 2 listed in Annex I to Coun­ concerning selling butter at a reduced price for the cil Regulation ( EEC) No 823/68 ( J ) of 28 June 1968 purpose of exporting certain mixtures of fats, no determining the groups of products and the special export refund can be granted for the butter incor­ provisions for calculating levies on milk and milk porated in the products referred to in Article 19 of products, as last amended by Regulation (EEC) No that Regulation ; 2687/72 (2) ; whereas a rate of refund should be fixed Whereas the measures provided for in this Regula­ for this milk powder ; tion are in accordance with the Opinion of the Man­ agement Committee for Milk and Milk Products ; Whereas Article 2 of Commission Regulation (EEC) No 756/70 (3) of 24 April 1970 on granting aid for HAS ADOPTED THIS REGULATION : skimmed milk processed into casein or casemates, as last amended by Regulation (EEC) No 2814/71 (4), fixes the aid per 100 kg of skimmed milk processed Article 1 into casein or casemates according to type ; 1 . The rates of the refunds applicable from 1 Whereas Commission Regulation (EEC) No February 1973 to the basic products appearing in 1259/72 (5) of 16 June 1972 on the disposal of but­ Annex A to Regulation ( EEC) No 2682/72 and listed in Article 1 of Regulation (EEC) No 804/68 , exported ter at a reduced price to certain Community process­ in the form of goods listed in the Annex to Regula­ ing undertakings, as last amended by Regulation tion (EEC) No 804/68 , are hereby fixed as shown in (EEC) No 2161 /72 (6), authorises the delivery, to industries manufacturing the goods falling within the Annex to this Regulation . heading No 19.08 or of subheadings 18.06 B, 21.07 C 2. No rates of refund are fixed for any of the pro­ and 'ice mix' or of subheadings 18.06 D and ex ducts referred to in the preceding paragraph which 21.07 F of the Common Customs Tariff, of butter are not listed in the Annex to this Regulation . at a reduced price under a standing invitation to tender ; Article 2

Whereas, according to Article 28 of Commission This Regulation shall enter into force on 1 February Regulation ( EEC ) No 1519/72 (7 ) of 14 July 1972 1973 .

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

Done at Brussels, 31 January 1973 .

For the Commission

P.J. LARDINOIS

Member of the Commission

(') OJ No L 151 , 30. 6 . 1968 , p . 3 . ( 2 ) OJ No L 289 , 27 . 12 . 1972, p . 39 (s ) OJ No L 91 , 25.4 . 1970, p . 28 . (4 ) OJ No L 284, 28 . 12 . 1971 , p . 20. (5) OJ No L 139 , 17.6 . 1972, p . 18 . ( fl) OJ No L 231 , 11 . 10. 1972 , p . 12 . (7) OJ No L 162 , 18 . 7. 1972, p . 1 .

No L 32/32 Official Journal of the European Communities 2. 2 . 73

ANNEX

fixing the rates of the refunds applicable from 1 February 1973 to. certain milk products exported in the form of goods not covered by Annex II to the Treaty

CCT Rate of the heading Description of goods restitution No u. a. / 100 kg

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of less than 1-5 °/o by weight and with a water content of less than 5 °/o by weight (PG 2) :

— a) on exportation of goods of CCT heading No 35.01

b ) on exportation of other goods 12-00

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of 26 °/o by weight and a water content of less than 5 % by weight ( PG 3 ) 39-00

ex 04.02 A III Concentrated milk, with a fat content by weight of 7-5 °/o and a content by weight in dry matter equal to 25 "/o ( PG 4) 11-50

ex 04.03 Butter, with a fat content by weight of 82 °/o (PG 6 ) :

a) On exportation of goods of CCT heading No 19.08 or of subheadings 18.06 B and 21.07 C, and ' ice mix' of CCT subheadings 18.06 D and ex 21.07 F manu­ factured under the conditions laid down in Article 6 ( 1 ) ( c) of Regulation ( EEC) No 1259/72

b ) On exportation of other goods 110-00