31973R0808

No L 78/ 10 27. 3 . 73 Official Journal of the European Communities

REGULATION (EEC) No 808/73 OF THE COMMISSION

of 26 March 1973

amending Regulation (EEC) No 1519/72 on the sale by tender of butter at reduced prices for the exportation of certain fat compounds

THE COMMISSION OF THE EUROPEAN 'Article 30a COMMUNITIES, • 1 . Notwithstanding the second indent of Article 6, and Article 19 , the operations referred to in Article Having regard to the Treaty establishing the European 19 (2) need not be carried out if the tenderer under­ Economic Community ; takes to export the product containing at least 998 °/o Having regard to Council Regulation (EEC ) No 804/ of butyric fat within three months from the date on 68 (*) of 27 June 1968 on the common organization which he took over the butter and to furnish proof of the market in milk and milk products , as last that that product, packaged in accordance, with amended by the Act ( 2) annexed to the Treaty (3 ) paragrapah 4 (c), has been unloaded and has been concerning the Accession of new Member States entered for home use in a specified third country. to the European Economic Community and the European Atomic Energy Community, signed at 2 . Proof shall be furnished : Brussels on 22 January 1972, and in particular Articles 6 ( 7 ) and 28 thereof ; ( a ) of the unloading, by production of a document Having regard to Council Regulation (EEC ) No issued in the country of destination by the 985/68 (4 ) of 15 July 1968 laying down general authorities or bodies referred to in Article 8 ( 1 ) rules for intervention on the market in butter and of Regulation No 1041/67/EEC ; cream , as last amended by Regulation ( EEC ) No 2714/72 ( 5 ), and in particular Article 7a thereof ; ( b ) of the entry for home use by production of a customs document or a copy thereof, drawn up Whereas experience has shown that the scope of in the country of destination ; however, where the application of Commission Regulation (EEC ) such a document, or copy thereof, cannot be No 1519 /72 ( 6 ) of 14 July 1972, as last amended by furnished because the exportation was to a Regulation ( EEC ) No 554/73 ( 7 ), may be extended state-trading-country, the competent national by making provision for the export of butter after authorities may accept any other appropriate it has been processed into a product, packed in small document as proof. packages , which contains at least 99·8 % of butyric fat, but does not contain the substances referred to in Article 19 (2) of that Regulation ; whereas it is 3 . Third countries which should benefit from the accordingly essential to insist upon proof of the application of this Article shall be specified on the unloading of the product and of its entry for home basis of the guarantees offered by them for the use in a third country which offers the necessary purpose . and pertinent guarantees ;

Whereas the measures provided for by this Regu­ 4. Notwithstanding Articles 7 (2 ) (c), 9, 10, 22, lation are in accordance with the Opinion of the 24 (2 ) and 25 (2) (c), in cases where paragraph ( 1 ) Management Committee for Milk and Milk Pro­ applies, the following provisions shall have ef­ ducts ; fect :

HAS ADOPTED THIS REGULATION : ( a ) the tender shall state that the intended use is that prescribed in this Article and shall designate the country of destination . Article 1

( b ) a minimum selling price and a separate amount Regulation (EEC ) No 1519/72 is supplemented by as processing and exportation deposit may be the following Article 30a : fixed in accordance with Articles 9 and 10 in respect of the intended use.

(*) OJ No L 148 , 28 . 6. 1968 , p. 13 . (2 ) OJ No L 73 , 27. 3 . 1972 , p. 14. (c) the product referred to in paragraph 1 shall be (3 ) OJ No L 73 , 27. 3 . 1972 , p. 5 . exported in metal containers, hermetically (*) OJ No L 116 , 28 . 5 . 1971 , p. 1 . (5) OJ No L 291 , 28 . 12 . 1972 , p . 15 sealed, of a maximum capacity of 2·5 kg which ( 8) O.T No L 162 , 18 . 7 . 1972, p . 1 . in turn shall be placed in cartons capable of ( 7 ) OJ No L 54, 27. 2 . 1973 , p . 25 . holding several containers . The cartons and

No L 78/ 11 27. 3 . 73 Official Journal of the European Communities

metal containers shall bear a description to be forordning (EØF) nr. 1519/ 72 efter forarbejd­ determined according to which third countries ning'. may have been approved under paragraph 3 . (e) the processing and exportation deposit snail be (d) Section 104 of the control copy referred to in released only for the quantities of the product Article 24 (2) shall bear one of the following in respect of which the buyer furnishes the statements : proof required under paragraph 2 of their un­ loading and entry for home use in the third 'for export to (third country indicated country designated in the tender. Article 25 (2) in the tender) pursuant to Article 30a of (a) and ( b ) shall apply.' Regulation (EEC) No 1519/72 after processing' ;

'nach Verarbeitung zur Ausfuhr nach Article 2 (im Angebot genanntes Drittland) gemäß Artikel 30a der Verordnung (EWG) Nr. 1519/72 be­ 1 . Upon request of interested parties, under­ stimmt' ; takings entered into pursuant to the second indent of Article 6 of Regulation ( EEC) No 1519/72 in 'destiné à l'exportation vers (pays tiers respect of individual invitations to tender issued indiqué dans l'offre) au titre de l'article 30 bis before 14 March 1973 shall be adapted to conform du règlement ( CEE) n0 1519/72 après transfor­ to Article 1 , if the specified use to be made of the mation' ; butter was in accordance with Article 19 (2 ) (a) 'destinato all'esportazione verso (paese of Regulation (EEC) No 1519/72 . terzo indicato nell'offerta) ai sensi dell'articolo 30 bis del regolamento (CEE) n. 1519/72 dopo 2. Member States shall notify the Commission of trasformazione' ; the quantities and destinations in respect of which the adaptation has been requested. 'bestemd voor uitvoer naar (het in de aanbieding genoemde derde land) krachtens artikel 30 bis van Verordening (EEG ) nr. 1519/ Article 3 72 na verwerking' ; This Regulation shall enter into force on the day 'bestemt til udførsel til (det i budet following that of its publication in the Official Jour­ anførte tredjeland) i henhold til artikel 30 a i nal of the European Communities.

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

Done at Brussels, 26 March 1973 .

For the Commission

The President

Francois-Xavier ORTOLI