31974R2188

22 . 8 . 74 Official Journal of the European Communities No L 231 / 11

REGULATION ( EEC) No 2188 /74 OF THE COMMISSION of 21 August 1974 concerning the application of the lowest rate of refund on exports of milk products

THE COMMISSION OF THE EUROPEAN Regulation (EEC) No 343/74 (10), provides that where COMMUNITIES, the . compensatory amount is higher than the lowest export refund applicable to the product in question, Having regard to the Treaty establishing the European or where no refund is fixed for such product, payment Economic Community ; of the refund is to be conditional inter alia on proof being furnished that the import formalities have been Having regard to Council Regulation (EEC) No completed in the Member State of destination ; 804/68 (^ of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Whereas, for milk products, the lowest rate of refund amended by Regulation (EEC) No 662/74 (2), and in within the meaning of the abovementioned provisions particular Article 17 (4) thereof ; is at present determined by the fact that no refund is fixed for exports to the United States . (Zone E) ; Having regard to Council Regulation (EEC) No whereas in these circumstances application of the abovementioned rules would hinder normal trade ; 876/68 (3) of 28 June 1968 laying down general rules whereas exceptions should therefore be made to these for granting export refunds on milk and milk rules where such a situation exists and measures intro­ products and criteria for fixing the amount of such duced in the United States guarantee that products in refunds, as last amended by Regulation (EEC) No 2429/72 (4), and in particular Article 6 (2) thereof ; respect of which a refund has been granted for export to other destinations are not exported to Zone E ; whereas once this condition ceases to be fulfilled in Whereas, where the export refund is varied according respect of any product the exception must be discon­ to destination, Article 8 (2) of Commission Regulation No 1041 / 67/EEC (5) of 21 December 1967 on detailed tinued in respect of that product ; rules for the application of export refunds on products Whereas the measures provided for in this Regulation subject to a single price system, as last amended by are in accordance with the Opinion of the Manage­ Regulation (EEC) No 21 10/74 (6), provides that a part ment Committee for Milk and Milk Products, of the refund calculated on the basis of the lowest rate of refund applicable on the date on which the customs export formalities are completed is to be paid HAS ADOPTED THIS REGULATION : as soon as proof is furnished that the product has left the geographical territory of the Community ; Article 1 Whereas, under Article 2 of Council Regulation (EEC) No 441 /69 (7) of 4 March 1969 laying down additional 1 . The fact that no refund is fixed for the products general rules for granting export refunds on products shown in Annex I when exported to Zone E shall not subject to a single price system, exported unprocessed be taken into account : or ^n the form of certain goods not covered by Annex II to the Treaty, as last amended by Regulation (EEC) — for the purpose of determining the lowest rate of No 1 181 /72 (8), the part of the refund corresponding refund as referred to in Article 8 (2) of Regulation to the lowest rate may be paid as soon as the product No 1041 / 67/ EEC ; is placed under control as specified in that Regula­ — for the purposes of Article 5 (2) of Regulation tion ; (EEC) No 269/73 .

Whereas Article 5 (2) of Commission Regulation 2. The fact that no refund is fixed for the products (EEC) No 269/73 (9) of 31 January 1973 laying down shown in Annex II when exported to Zone E shall detailed rules for the application of the system of not be taken into account for the purposes of the l^st accession compensatory amounts, as last amended by subparagraph of Article 2 (4) of Regulation (EEC) No 441 / 69 . C ) OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 85, 29 . 3 . 1974, p. 51 . (3) OJ No L 155, 3 . 7. 1968 , p. 1 . Article 2 (4) OJ No L 264, 23 . 11 . 1972, p. 1 . (5) OJ No 314, 23 . 12. 1967, p . 9 . This Regulation shall enter into force on 22 August (b) OJ No L 22Q, 10 . 8 . 1974, p. 1 . 1974 . (7) OJ No L 59, 10 . 3 . 1969 , p. 3 . (8) OJ No L 130, 7. 6. 1972, p. 15 . (9) OJ No L 30, 1 . 2. 1973, p. 73 . ( 10) OJ No L 40, 12. 2. 1974, p. 4.

No L 231 / 12 Official Journal of the European Communities 22 . 8 . 74

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

Done at Brussels, 21 August 1974. For the Commission

The President Francois-Xavier ORTOLI

22 . 8 . 74 Official Journal of the European Communities No L 231 / 13

ANNEX 1

List of products referred to in Article 1 ( 1 )

CCT heading No Description of product

04.01 ex 04.02 A II a) 2 Of a fat content, by weight, exceeding 11 % but not exceeding 27% 04.02 A II a) 3 04.02 A II a) 4 ex 04.02 A II b ) 2 Of a fat content, by weight, exceeding 11 % but not exceeding 27% 04.02 A II b) 3 04.02 A II b) 4 04.02 A III ex 04.02 B I b ) 1 bb ) Of a fat content, by weight, exceeding 11 % but not exceeding 27% 04.02 B I b ) 1 cc) ex 04.02 B I b) 2 bb) Of a fat content, by weight, exceeding 11 % but not exceeding 27% 04.02 B I b) 2 cc) 04.02 B II 23.07 B I a) 3 23.07 B I a) 4 23.07 B II

ANNEX 1J

List of products referred to in Article 1 (2)

CCT heading No Description of product

ex 04.02 A II a ) 2 Of a fat content, by weight, exceeding 11% but not exceeding 27% 04.02 A II a) 3 04.02 A II a) 4 ex 04.02 B I b) 1 bb ) Of a fat content, by weight, exceeding 11 % but not exceeding 27% 04.02 B I b ) 1 cc)