31973R0609

No L 57/27 2 . 3 . 73 Official Journal of the European Communities

REGULATION (EEC) No 609/73 OF THE COMMISSION

of 28 February 1973 fixing the rates of the refunds applicable from 1 March 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 the Act ( 2) annexed to the Treaty (3) on the Accession of new Member States to the European ( c) the need to ensure equality of competition for the Economic Community and the European Atomic industries which use Community products and Energy Community, signed at Brussels on 22 January those which use third-country products under 1972, and in particular the second subparagraph of inward processing arrangements ; Article 17 (4 ) thereof ;

Whereas Article 17 ( 1 ) of Regulation ( EEC ) No 804/68 provides that the difference between prices in Whereas Article 4 (3 ) of Regulation (EEC) No international trade for the products listed in Article 2682/72 provides that, when the rate of the refund is 1 (a), (b ), ( c) and (e) of that Regulation and prices being fixed, account should be taken, where neces­ within the Community may be covered by an export sary, of production refunds, aids or other measures refund ; whereas Council Regulation (EEC) No 2682/ having equivalent effect applicable in all Member 72 (4) of 12 December 1972 laying down general States in accordance with the Regulation on the com­ rules for granting export refunds on certain agricul­ mon organization of the market in ithe product in tural products exported in the form of goods not question to the basic products listed in Annex A to covered by Annex II to the Treaty, and criteria for that Regulation or to assimilated products ; fixing the amount of such refunds, specifies the pro­ ducts for which a rate of refund should be fixed, to 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 804/68 provides for the payment of aid for Commu­ nity-produced skimmed milk processed into casein if Whereas, in accordance with the first subparagraph such milk and the casein manufactured from it fulfil of Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the certain conditions set out in Article 1 of Council rate of the refund per 100 kg for each of the basic Regulation ( EEC) No 987/68 (5) of 15 July 1968 lay­ products in question must be fixed for each month ; ing down general rules for granting aid for skimmed milk processed into casein or casemates ; whereas, pursuant to Artiole 1 (2) ( b ) of Regulation (EEC ) No Whereas, in accordance with paragraph 2 of that 2682/72, skimmed milk thus defined is assimilated Article, that rate must be determined with particular to milk powder complying with the definition of the reference to :

( J ) OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2) OJ No L 73 , 27. 3 . 1972, p . 14 . (3) OJ No L 73 , 27. 3 . 1972, p . 5 . (4) OJ No L 289, 27. 12 . 1972 , p . 13 ( 5) O J No L 169 , 18.7 . 1968 , p . 6 .

2. 3 . 73 No L 57/28 Official Journal of the European Communities

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 (*) 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 caseinates, 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 caseinates according to type ; 1 . The rates of the refunds applicable from 1 March 1973 to the basic products appearing in Whereas Commission Regulation (EEC) No Annex A to Regulation (EEC) No 2682/72 and listed 1259/72 (5) of 16 June 1972 on the disposal of but­ 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 the Annex to this Regulation. industries manufacturing the goods falling within 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 March 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, 28 February 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 . (») OJ No L 91 , 25 . 4. 1970, p. 28 . (4 ) OJ No L 284, 28 . 12 . 1971 , p. 20 . (») OJ No L 139, 17. 6 . 1972, p. 18 . (8) OJ No L 231 , 11 . 10. 1972, p. 12 . (7) OJ No L 162 , 18 . 7. 1972 , p. 1 .

2. 3 . 73 Official Journal of the European Communities No L 57/29

ANNEX

to the Commission Regulation of 28 February 1973 fixing the rates of the refunds applicable from 1 March 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 %> 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 % 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