31973R2500
14 . 9 . 73 Official Journal of the European Communities No L 258 / 1
I
(Acts whose publication is obligatory)
REGULATION ( EEC) No 2500/73 OF THE COMMISSION of 13 September 1973 on the advance fixing of refunds and the period of validity of export certificates for milk and milk products
THE COMMISSION OF THE EUROPEAN States market has currently decreased and the COMMUNITIES , market prices of various milk products are tending to rise ; whereas certain powdered milks and butter exported to the United States market should Having regard to the Treaty establishing the Euro consequently be excluded from the products for pean Economic Community ; which refunds may be fixed in advance ;
Having regard to Council Regulation (EEC ) No 804/ Whereas for the purposes of clarity Article 35 (2) 68 ( x ) of 27 June 1968 on the common organization and (3 ), the Annex to Regulation ( EEC ) No 2637/70 of the market in milk and milk products, as last and Regulation ( EEC ) No 2683/70 should be amended by the Act ( 2 ), concerning the Conditions included in a single text ; of Accession and the Adjustments to the Treaties , and in particular Articles 13 ( 3 ) and 17 ( 4 ) thereof ; Whereas the measures provided for in this Regula tion are in accordance with the Opinion of the Whereas the Annex to Commission Regulation Management Committee for Milk and Milk ( EEC ) No 2637/70 ( 3 ) of 23 December 1970 on Products ; special rules for the application of the system of import and export licences and advance fixing certif icates for agricultural products , as last amended by Regulation (EEC ) No 2312/73 (4), fixes the period HAS ADOPTED THIS REGULATION : of validity of export certificates for milk and milk products ; whereas the situation on the world market in oils and fats requires that the periods of Article 1 validity of export certificates for butter be reduced ; whereas the abovementioned Annex should there fore be amended ; The refund for the products listed in Article 1 of Regulation ( EEC ) No 804/68 , with the exception of those listed in Annex I of this Regulation and Whereas Commission Regulation ( EEC ) No exported to the destination indicated therein, shall 2683 /70 ( 5 ) of 29 December 1970 laying down be fixed in advance when requested . special procedures for the advance fixing of export refunds on milk and milk products, as last amended by Regulation ( EEC ) No 767/73 ( 6 ), indicates the Article 2 products for which refunds may not be fixed in advance when they are exported to certain destina tions ; whereas milk production on the United 1 . Export certificates, issued as part of the advance fixing of refunds, shall be valid from the day of issue pursuant to Article 8 ( 1 ) of Regulation ( EEC ) No 1373 /70 until the end of the periods fixed (*) OJ No L 148 , 28 . 6 . 1968 , p . 13 . in Annex II of that Regulation . ( 2 ) OJ No L 73 , 27. 3 . 1972, p . 14. ( 3) OJ No L 283 , 29 . 12 . 1970, p . 15 . (4 ) OJ No L 237, 25 . 8 . 1973 , p . 28 . 2 . Where in Annex II different periods of validity (5) OJ No L 285 , 31 . 12 . 1970, p . 36 . («) OJ No L 77, 26. 3 . 1973 , p . 1 . are shown for the export certificate , depending on
No L 258/2 Official Journal of the European Communities 14. 9 . 73
the presentation of the product concerned, there Article 4 shall be indicated in the export certificate under ' 12 : special details' the words 'valid for' followed In Article 35 of Regulation (EEC) No 2637/70 : by the description of the product given under the — paragraph 2 is replaced by the following : corresponding heading in Annex II. The certificate shall only be valid for this description. ' 2. The period of validity of the export certifi cate shall be as fixed by Regulation (EEC) No 2500/73 . 3 . Where a compulsory destination (is fixed in Annex II, an export certificate issued for the However, in special cases provision may be product in question and not stating the compulsory made for a special period of validity.' ; destination renders it compulsory for the export to — the second subparagraph of paragraph 3 is be made to a 'destination other than the said replaced by the following : compulsory destination, without prejudice to the ' However, the period of validity of (the certifi provisions of Article 1 . cate may not exceed the periods fixed by Regula tion ( EEC) No 2500/73 '.
Article3¶
Regulation (EEC) No 2683 /70 is repealed . In the case of an export in connection with an invi tation to/ tender as referred to in the first paragraph of Article 35 (3) of Regulation (EEC) No 2637/70, Article 6 the period of validity of the export certificate may not exceed the periods given in Annex III of this This Regulation shall enter into force on 14 Regulation. September 1973 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 September 1973 . For the Commission The President
Francois-Xavier ORTOLI
14. 9 . 73 Official Journal of the European Communities No L 258/3
ANNEX 1
List of products and of the destinations for which advance fixing of refunds is excluded
CCT heading No Description of product Destination
04.02 A II b) 1 Zone E, Canada, Mexico, Puerto Rico
ex 04.02 A II b ) 2 with a fat content not exceeding 11 % Zone E, Canada, Mexico, by weight Puerto Rico
04.02 B I b ) 2 aa) Zone E, Canada, Mexico, Puerto Rico
ex 04.02 B I b ) 2 bb ) with a fat content not exceeding 11 % Zone E, Canada, Mexico, by weight Puerto Rico
ex 04.03 with a fat content not exceeding 99-5 % Zone E, Canada, Mexico, by weight Puerto Rico
04.04 Zone D
ex 04.04 A II Emmentaler and Gruyère Liechtenstein, Switzerland
04.04 E I b) 2 Tilsit and Butterkäse Liechtenstein, Switzerland
ex 04.04 E I b ) 5 Edam , Fontal, Fontina, Gouda , Italico, Liechtenstein , Switzerland Mimolette, Saint Paulin, and other cheeses with a water content by weight in the non fatty matter exceeding 52 °/o and not exceeding 67 °/o
ex 23.07 B with a content of milk products of not Zone E, Canada, Mexico, less than 50 % by weight Puerto Rico
No L 258 /4 Official Journal of the European Communities 14. 9 . 73
ANNEX 11
Period of validity of export certificates
Compulsory Period of validity CCT Heading No Description of product destination (')
( a ) 15 days 04.02 A II b ) 1 ex 04.02 A II b) 2 with a fat content not exceeding 11 °/o by weight — 04.02 B I b ) 2 aa) ex 04.02 B I b ) 2 bb ) with a fat content not exceeding 11 °/o by weight ex 23.07 B with a fat content of not less than 50 °/o by weight
( b ) 30 days ex 04.03 with a fat content not exceeding — 99-5 % by weight
( c) until the end of the fifth month the other products following the listed in Regulation month in which the certificate (EEC) No 804/68 was issued
(') See Article 2 (3 ). However , if advance fixing is excluded for certain products and certain destinations by Annex I the export licence issued for these products renders it compulsory for the export to be made to a destination other than that appearing in Annex I.
ANNEX 111
Maximum period of validity of export certificates in the case of exports on the basis of an invitation to tender
Description of product Maximum period of validity (CCT heading No ) Comments
( a) equal to the period of 04.02 A II a) 1 validity fixed in Annex 04.02 A II b ) 1 II i 1 ) : 04.02 B I b) 1 aa) 04.02 B I b) 2 aa) excluding the exports covered by ( c)
( b) until the end of the the other products listed in 12th month following Article 1 of Regulation that of its issue (EEC) No 804/68
( c) until the end of the all the products listed in Article 1 of Regulation 18 th month following (EEC ) No 804/68 , exported under an invitation to that of its issue : tender issued by the armed forces (Article 36 ( 1 ) of Regulation ( EEC) No 2637/70 )
(M Without prejudice to a special validity fixed according to Article 35 (2) (2) of Regulation (EEC) No 2637/70 .