31974R2472

1 . 10 . 74 Official Journal of the European Communities No L 264/63

REGULATION ( EEC) No 2472/ 74 OF THE COMMISSION of 30 September 1974 laying down special detailed rules for the export of skimmed-milk powder and butter to Canada and Mexico and amending Regulation ( EEC) No 2500/73

THE COMMISSION OF THE EUROPEAN amended by Regulation (EEC) No 21 10/74 (s) ; COMMUNITIES, whereas, moreover, in the interests of clarity, the third subparagraph of Article 3a (2) of Regulation ( EEC) No Having regard to the Treaty establishing the Europe'an 2500/73 must be made more explicit ; Economic Community ; Whereas the measures provided for in this Regulation Having regard to Council Regulation ( EEC) No 804/68 (') of 27 June 1968 on the common organiza­ are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, tion of the market in milk products, as last amended by Regulation ( EEC) No 662/74 (2), and in particular Article 1 7 (4) thereof ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 876/68 (3 ) of 28 June 1968 laying down general rules for granting export refunds on milk and milk Article 1 products and criteria for fixing the amount of such refunds, as last amended by Regulation ( EEC) No In the case of products as specified in the Annex 2429 / 72 (4 ), and in particular Article 6 ( 3) thereof ; hereto exported to Canada or Mexico , payment of a refund shall be subject to production of : Whereas, by reason of the situation on the United States market and to avoid deflection of trade via adja­ (a) proof that the product in question has been put into free circulation in Canada or Mexico ; such cent countries, the rate of export refund has been set so as to limit the possibility of exporting skimmed­ proof shall be furnished as provided in Article milk powder and butter to those countries ; 8(1 ) of Regulation No 1041 / 67/ EEC ; (b) a certificate issued by the Canadian Dairy Commis­ Whereas, if it is possible to ensure that the milk sion or by the Campania national dc snbsistcn­ powder, and butter exported to such adjacent countries cias populates (Conasupo) stating that the product will in fact be used for human consumption in those will not be re-exported . countries and will not be re-exported , it is in the Community interest to enable those products to be exported to such destinations on normal terms ; Article 2 whereas in the case of imports into Canada and Mexico such assurances exist, in the form of certifi­ 1 . Notwithstanding Article I of Regulation ( EEC) cates issued by government agencies of those two No 2500 / 73 , refunds in circumstances within Article countries, respectively the Canadian Dairy Commis­ 1 may be fixed in advance . sion and the Campania national dc snbsistencias popn /arcs (Conasupo) ; whereas payment of the refund 2 . Section 13 of the application for an export must in such cases be subject to the special conditions licence and of the export licence itself shall contain already laid down in respect of advance fixing in particulars of the country of destination . The issue of Annex II to Commission Regulation ( EEC) No such licence shall carry with it the obligation to 2500/73 ( 5 ) of 1 3 September 1 973 on the advance export to that country . fixing of refunds and the period of validity of export 3 . The provisions of Regulation ( EEC) No 2500 / 73 licences for milk and milk products, as last amended by Regulation ( EEC) No 2171 / 74 (6) ; shall apply as regards the period of validity of the export of the export licence . Whereas these special provisions must be brought into line with the new provisions of Commission Article 3 Regulation No 1041 /67/ EEC ( 7) of 21 December 1967 on detailed rules for the application of export refunds Regulation ( EEC) No 2500/ 73 is amended as follows : on products subject to a single price system , as last I. The third subparagraph of Article 3a ( 2 ) is replaced ') OJ No L 148 , 28 . 6. 1968 , p. 13 . by the following : -) OJ No L 85 , 29 . 3 . 1974, p. 51 . 3 ) OJ No L 115 , 3 . 7 . 1968 , p. 1 . ' Subject to the provisions of Article 18 of Regula­ 4) OJ No L 264, 23 . 11.1 972, p. 1 . tion ( EEC) No 1 373 / 70 , each licence mav be 5 ) OJ No L 258 , 14. 9 . 1973 , p. 1 . ') OJ No L 229 , 20 . 8 . 1974, p. 9 . 7) OJ No 314, 23 . 12. 1967, p. 9 . (s ) OJ No L 220 , 10 . 8 . 1974, p. I.

No L 264/ 64 Official Journal of the European Communities 1 . 10 . 74

extended in respect of one contract and one for certain destinations , then , subject to the country of destination only.' provisions of Article 2 of Regulation (EEC) No 2472/ 74, the issue of such licence shall carry 2. The following note is added at the foot of Annex I : with it an obligation to export, to a destination 'In the case of certain products exported to Canada other than as specified in Annex I.' and Mexico, special provisions are laid down in Article 4 Article 2 of Regulation (EEC) No 2472/74.' 3 . Footnote (') to Annex II is replaced by the This Regulation shall enter into force on 1 October following : 1974 . '(') See Article 2(3). However, where an export Article 1 shall apply to operations in respect of which licence is issued for a product in respect of customs export formalities are completed on or after 1 which advance fixing is by Annex I excluded October 1974 .

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

Done at Brussels, 30 September 1974.

For the Commission The President

Francois-Xavier ORTOLI

ANNEX

List of products referred to in Article 1

CCT heading No Description of product

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 υ/ο by weight

04.03