31974R2171

20 . 8 . 74 Official Journal of the European Communities No L 229 / 9

REGULATION ( EEC) No 2171 / 74 OF THE COMMISSION of 19 August 1974 amending Regulation ( EEC) No 2500/73 on the advance fixing of refunds and the period of validity of< export licences for milk and milk products

THE COMMISSION OF THE EUROPEAN for the products in question in connection with^an COMMUNITIES , advance fixing of a refund to be used also for exports to Canada or Mexico ; whereas, payment of the refund must in such cases be subject to special conditions ; Having regard to the Treaty establishing the European Economic Community ; Whereas Article 3a of Regulation ( EEC) No 2500 /73 provides that the period of validity of export licences for certain milk products may be extended if the Having regard to Council Regulation (EEC) No trader is bound by contract to export over a period 804/ 68 (') of 27 June 1968 on the common organiza­ extending beyond the expiry of the period of validity tion of the market in milk and milk products, as last of his licence ; whereas if the specific object of this amended by Regulation (EEC) No 662/74 (2), and in provision is to be achieved it will be necessary to particular Articles 13(3) and 17(4) thereof ; prohibit any transfer of an extended licence to another exporter and thus to amend Article 3a accord­ ingly ; whereas, moreover, all products falling within subheading 04.03 B of the Common Customs Tariff Whereas under Commission Regulation ( EEC) No should be included in the list of products in respect of 2500 / 73 (3 ) of 13 September 1973 on the advance which the period of validity of export licences may be fixing of refunds and the period of validity of export extended ; licences for milk and milk products, as last amended by Regulation ( EEC) No 1 984/74 (4 ), the advance fixing of refunds is excluded in respect of exportation Whereas the measures provided for in this Regulation to Zone E , Canada , Mexico and Puerto Rico of milk are in accordance with the Opinion of the Manage­ powder with a fat content not exceeding 11 % by ment Committee for milk and milk products, weight, and of butter ; whereas a person who obtains an export licence for the products in question must, therefore , export to a destination other than those mentioned above ;

HAS ADOPTED THIS REGULATION : Whereas these measures have been taken having regard to the situation on the United States market and in order to avoid deflection of trade via adjacent Artiilc 1 countries ; whereas , if it is possible to ensure that the milk powder and butter exported to such adjacent countries will in fact be used for human consumption The following paragraph is added to Article 3a of in that country and will not be re-exported, it is in the Regulation ( EEC ) No 2500 / 73 : Community interest to enable exports to be made to such destinations on normal terms ; whereas in the '4 . An export licence extended under this case of imports into Canada and Mexico such guaran­ Article shall not be transferable under Article 3 of tees exist, in the form of certificates issued by, respec­ Regulation ( EEC) No 1373 / 70 .' tively, the Canadian governmental agency , 'The Canadian Dairy Commission ', and the Mexican governmental agency, ' Cotnpania nacional de subsis­ tencias populares' (Conasupo) ; Article 2

Whereas Regulation ( EEC) No 2500 / 73 should there­ The following is added to footnote (') to Annex II to fore be amended so as to enable export licences issued Regulation ( EEC ) No 2500 / 73 :

(') OJ No L 148 , 28 . 6 . 1968 , p. 13 . ' This provision shall not apply to export licences (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . (3 ) OJ No L 258 , 14 . 9 . 1973 , p. 1 . issued in respect of the following products and permit­ (■») O ) No L 207, 29 . 7 . 1974, p. 26 . ting exportation to Canada or Mexico :

No L 229 / 10 Official Journal of the European Communities 20 . 8 . 74

The proof required under (a) shall be furnished : CCT heading No Description of product — as regards unloading, by production of a document issued in Canada or Mexico by authorities or services as referred to in Article 8(1 ) of Regulation 04.02 A II ( b ) 1 No 1041 / 67/ EEC ; ex 04.02 A II ( b ) 2 Of a fat content not — as regards putting into free circulation , by produc­ exceeding 11 % by weight tion of the relevant customs document made out 04.02 B I ( b ) 2 ( aa ) in Canada or Mexico or of a copy or photocopy of ex 04.02 B I ( b ) 2 ( bh ) Of a fat content not such document certified by the competent authori­ exceeding 11 ° /o by weight ties : 04.03

Article3¶

In such cases, payment of the refund shall be subject In Annex IV to Regulation ( EEC) No 2500/ 73 : to the production of : — subheading 'ex 04.03 B' is replaced by subheading (a) proof that the products in question have been ' 04.03 B '; unloaded and put into free circulation in Canada — the description of the product shown against or Mexico ; subheading ex 04.03 B is deleted . (b) a certificate issued by the Canadian Dairy Commis­ sion or the Compania nacional de subsistencias populares (Conasupo) stating that the products are Article 4 intended for human consumption in Canada or Mexico as the case may be and that they will not This Regulation shall enter into force on 20 August be re-exported . 1974 .

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

Done at Brussels, 19 August 1974 . For the Commission

The President Francois-Xavier ORTOL1