31973R1923

No L 198 /28 Official Journal of the European Communities 18 . 7. 73

REGULATION (EEC) No 1923/73 OF THE COMMISSION

of 17 July 1973

amending Regulation (EEC) No 2637/70 concerning export certificates for milk and milk products

THE COMMISSION OF THE EUROPEAN tioned products ; whereas there is a need to comply COMMUNITIES, for this purpose, with the particular provisions of Regulation (EEC) No 2637/70 ;

Having regard to the Treaty establishing the European Whereas, the amount of the deposit for export certifi­ Economic Community ; cates applying to products falling within Common Customs Tariff subheading 04.01 A by virtue of Having regard to Council Regulation (EEC) No Article 37 (2) of Regulation (EEC) No 2637/70 is 804/68 (J) of 27 June 1968 , on the common organiza­ apparently too high, on account of the value of the tion of the market in milk and milk products, as last products in question ; whereas it is appropriate from amended by the Act (2) concerning the Conditions of now on to reduce this deposit ; Accession and the Adjustments to the Treaties and in particular Articles 13 (3) and 17 (4) thereof. Whereas the measures provided for in this Regulation

are in accordance with the Opinion of the Manage­ Whereas, in the Annex to Commission Regulation ment Committee for Milk and Milk Products ; (EEC) No 2637/70 (3) of 23 December 1970, on the particular methods of applying the system of import, export and prefixation certificates for agricultural HAS ADOPTED THIS REGULATION : products, as last amended by Regulation (EEC) No 1 702/73 (4), the length of validity of export certificates Article 1 for skimmed-milk powder and animal feed stuffs based on skimmed-milk powder was fixed at 30 days In the Annex to Regulation (EEC) No 2637/70, the with effect from 28 June 1973 ; whereas developments time limit of '30 days' set out in heading a) is replaced in the world protein markets have made it necessary by that of ' 15 days'. to reduce this time limit further ;

Article 2 Whereas Article 17 (2) of Commission Regulation (EEC) No 1373/70(5) of 10 July 1970, on the The Article 35a following is inserted in Regulation common methods of applying the system of import, (EEC) No 2637/70 : export and prefixation certificates for agricultural products placed under a single price system, as last 'Article 35a

amended by Regulation (EEC) No 1796/73 (6), When an export certificate is requested for one of provides that if an export certificate was requested for the products set out in Article 1 of Regulation an open invitation to tender in a third country and if, (EEC) No 804/68, for an open invitation to tender within 21 days following the final date for the placing in an importing third country, the provisions of of tenders, the interested party has not informed the Article 17 (2) second and third lines of Regulation agency to whom the certificate was delivered, the (EEC) No 1373/70 do not apply.' result of the invitation to tender, the certificate is not delivered and the deposit is not recovered ; Article 3

Whereas the application of this provision proves to be In Article 37 (2) of Regulation (EEC) No 2637/70, inappropriate for milk and milk products due to the between the first and second hyphen, the following fact that in the majority of cases, the competent agen­ indent is inserted : cies of importing third countries do not decide to accept or reject tenders until after a delay which can '— 0-25 unit of account for products falling under extend for several months ; whereas it is thus appro­ Common Customs Tariff subheading 04.01 A'. priate to make use of the possibility provided in Article 17 (6) of Regulation (EEC) No 1373/70 and Article 4 not to apply the said provision for the abovemen­

This Regulation shall enter into force on the day of its ( 1 ) OJ No L 148 , 28 . 6 . 1968 , p. 13 . publication in the Official Journal of the European (2) OJ No L 73 , 27. 3. 1972, p. 14. Communities. Q) OJ No L 283, 29 . 12. 1970, p. 15. (4) OJ No L 173, 27. 6. 1973, p. 12. (5) OJ No L 158 , 20 . 7. 1970, p . 1 . Article 2 is applicable to the export certificate deliv­ (6) OJ No L 183 , 5. 7. 1973 , p . 1 . ered as from 8 July 1973 .

18 . 7. 73 Official Journal of the European Communities No L 198 /29

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

States .

Done at Brussels, 17 July 1973.

For the Commission

The President

Francois-Xavier ORTOLI