31974R0717

1 . 4 . 74 Official Journal of the European Communities No L 88/23

REGULATION ( EEC) No 717/74 OF THE COMMISSION of 29 March 1974 derogating from Regulation ( EEC) No 2500/73 as regards the exportation of skimmed-milk powder to Mexico

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products,

Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Article 1 amended by Regulation (EEC) No .662/74 (2), and in particular Articles 13(3) and 17(4) thereof ; By way of derogation from Regulation (EEC) No 2500/73, export licences issued within the meaning of Whereas under Commission Regulation (EEC) No Article 8 ( 1 ) of Regulation (EEC) No 1373/70 before 8 2500/73 (}) of 13 September 1973 on the advance March 1974 in respect of products falling within fixing of refunds and the period of validity of export subheading No 04.02 A II b) 1 of the Common licences for milk and milk products, as last amended Customs Tariff may be used for the exportation . of by Regulation (EEC) No 3547/73 (4), the advance such products to Mexico. fixing of refunds is excluded in respect of skimmed­ milk powder falling within subheading No 04.02 A II b) 1 of the Common Customs Tariff exported to Zone A rticle 2 E, Canada, Mexico and Puerto Rico ; whereas a person who obtains an export licence for the product in ques­ 1 . If an export licence is used as provided in Article tion must therefore export to a destination other than 1 , payment of the refund shall be subject to produc­ those as aforesaid ; tion of :

(a) Proof that the products in question have been Whereas that provision was made on account of the situation on the United States' market and to avoid unloaded and put into free circulation in Mexico ; deflection of trade via adjacent countries ; whereas if it (b) a certificate issued by the ' Compania Nacional de is possible to ensure that skimmed-milk powder Subsistencias Populares' (CONASUPO) stating exported to an adjacent country is actually used for that the products are intended for human human consumption in that country and will not be consumption in Mexico and that they will not be re-exported , it is in the Community interest to enable re-exported . exports to be made to such destinations on normal terms ; whereas in the case of imports into Mexico for 2 . The proof required under paragraph 1 (a) shall which a certificate is issued by the Mexican govern­ be furnished : ment agency, ' Compania Nacional de Subsistencias Populares' ( CONASUPO), that condition is , satisfied ; (a) as regards unloading, by production of a document issued in Mexico by the authorities or services as referred to in Article 8(1 ) of Regulation No 1041 / Whereas at present, however, no refund is fixed for 67/ EEC ; the skimmed-milk powder in question ; whereas, to avoid altering this situation , provision should be made ( b) as regards the putting into free circulation , by for export licences which have already been issued for production of the relevant customs document the product in question in connection with the made out in Mexico, or of a copy or photocopy of advance fixing of refunds to be used , in derogation such document certified by the competent authori­ ties . from Regulation ( EEC) No 2500 / 73 , for exportation to Mexico ; whereas payment of the refund must in such cases be subject to special conditions ; Artiile 3 (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2 j OJ No L 8 5 , 29 . 3 . 1974, p . 51 . P ) OJ No L 258 , 14 . 9 . 1973 , p . 1 . This Regulation shall enter into force on I April (*) OJ No L 361 , 29 . 12 . 1973 , p . 32 . 1 974 .

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No L 88 /24 Official Journal of the European Communities 1 . 4. 74

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

Done at Brussels, 29 March 1974 . For the Commission The President

Francois-Xavier ORTOLI