31974R2736

No L 292/20 Official Journal of the European Communities 31 . 10 . 74

REGULATION ( EEC ) No 2736/ 74 OF THE COMMISSION of 29 October 1974 fixing the rates of the refunds applicable from 1 November 1974 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN (c) the need to ensure equality of competition for the COMMUNITIES, industries which use Community products and those which use third-country products under inward processing arrangements ; Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation (EEC) No Whereas Article 4 (3) of Regulation ( EEC) No 2682/72 804/ 68 (') of 27 June 1968 on the common organiza­ provides that, when the rate of the refund is being tion of the market in milk and milk products, as last fixed , account should be taken , where necessary, of amended by Regulation ( EEC) No 662/74 (2 ), and in production refunds, aids or other measures having particular Article 17 ( 5) thereof ; equivalent effect applicable in all Member States in accordance with the Regulation on the common organization of the market in the product in question Whereas Article 17 ( 1 ) of Regulation ( EEC) No 804/ 68 to the basic products listed in Annex A to that Regula­ provides that the difference between prices in interna­ tion or to assimilated products ; tional trade for the products listed in Article 1 (a ), (b), (c) and (e) of that Regulation and prices within the Community may be covered by an export refund ; whereas Council Regulation ( EEC) No 2682/ 72 (3) of Whereas Article 11 ( 1 ) of Regulation ( EEC) No 804/ 68 12 December 1972 laying down general rules for provides for the payment of aid for Community-pro­ granting export refunds on certain agricultural duced skimmed milk processed into casein if such products exported in the form of goods not covered milk and the casein manufactured from it fulfil by Annex II to the Treaty, and criteria for fixing the certain conditions set out in Article 1 of Council Regu­ amount of such refunds, specifies the products for lation ( EEC) No 987/ 68 (4 ) of 15 July 1968 laying which a rate of refund should be fixed, to be applied down general rules for granting aid for skimmed milk where these products are exported in the form of processed into casein or caseinates as last amended by goods listed in the Annex to Regulation ( EEC) No the Act of Accession (5 ) ; whereas , pursuant to Article 804/ 68 ; 1 (2) (b) of Regulation ( EEC) No 2682/72, skimmed milk thus defined is assimilated to milk powder complying with the definition of the pilot products Whereas, in accordance with the first subparagraph of Group No 2 listed in Annex I to Council Regulation Article 4 ( 1 ) of Regulation ( EEC) No 2682/72, the rate ( EEC) No 823 /68 ( b) of 28 June 1968 determining the of the refund per 100 kg for each of the basic groups of products and the special provisions for calcu­ products in question must be fixed for each month ; lating levies on milk and milk products , as last amended by Regulation ( EEC) No 251 8 / 74 ( 7) ; whereas a rate of refund should be fixed for this milk Whereas , in accordance with paragraph 2 of that powder ; Article , that rate must be determined with particular reference to :

(a ) the average costs incurred by processing industries in obtaining supplies of the basic products in ques­ Whereas Article 2 of Commission Regulation ( EEC) tion on the Community market and the prices No 756 / 70 ( s ) of 24 April 1970 on granting aid for ruling on the world markets ; skimmed milk processed into casein or caseinates , as last amended by Regulation ( EEC ) No 660 / 74 (''), fixes the aid per 100 kg of skimmed milk processed into (b) the level of the refunds on exports of processed casein or caseinates according to type ; agricultural products covered by Annex II to the Treaty which are manufactured under similar 4 ) OJ No L 169 , IS . 7 . 1968 , p. 6 . conditions ; -s ) O'f No L 73 , 27. 3 . 1972, p. 14 . h) O'l No L 151 , 30 . 6 . 1 968 , p. 3 . (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . ') O'l No L 270 , 5 . 10 . 1974, p. I. (') OJ No L 85 , 29 . 3 . 1974, p. 51 . s ) O ) No 1 . 91 , 25 . 4 . 1970 , p. 28 . (■') OJ No 1/ 2X9 , 27 . 12 . 1972, p. 13 . ") O") No L 80 , 26 . 3 . 1974, p. 7 .

31 . 10 . 74 Official Journal of the European Communities No L 292 / 21

Whereas Commission Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 1259 /72 (') of 16 June 1972 on the disposal of butter at a reduced price to certain Community processing undertakings, as last amended by Regulation ( EEC) Article 1 No 2273 /74 (2), authorizes the delivery, to industries manufacturing the goods falling within heading No 1 . The rates of the refunds applicable from 1 19 .08 or subheadings 18.06 B, 21.07 C and 'ice mix' November 1974 to the basic products appearing in or subheadings 18.06 D and ex 21.07 F of the Annex A to Regulation ( EEC) No 2682/72 and listed Common Customs Tariff, of butter at a reduced price in Article 1 of Regulation (EEC) No 804/68 , exported under a standing invitation to tender ; in the form of goods listed in the Annex to Regula­ tion (EEC) No 804/68 , are hereby fixed as shown in Whereas, according to Article 28 of Commission the Annex to this Regulation . Regulation ( EEC) No 1519 /72 (3) of 14 July 1972 concerning selling butter at a reduced price for the 2 . No rates of refund are fixed for any of the purpose of exporting certain mixtures of fats, as last products referred to in the preceding paragraph which amended by Regulation (EEC) No 2904/73 (4), no are not listed in the Annex to this Regulation . export refund can be granted for the butter incorpor­ ated in the products referred to in Article 19 of that Regulation ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ This Regulation shall enter into force on 1 November ment Committee for Milk and Milk Products , 1 974 .

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

Done at Brussels , 29 October 1974 .

For the Commission

P.J. LARDINOIS Member of the Comifiission

(!) 0 | No L 139 , 17 . 6 . 1972, p. IK . (-') OJ No L 240 , 3 . 9 . 1974, p. 5 . (>) OJ No L 162, IK . 7 . 1972 , p. 1 . (*) O) No L 29K , 26 . 10 . 1973, p. 2.

No L 292/ 22 Official Journal of the European Communities 31 . 10 . 74

ANNEX

to the Commission Regulation of 29 October 1974 fixing, the rates of the refunds applicable from 1 November 1974 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

CCT Rate of the heading Description of goods refund No u.a. /lOO kg

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of less than 1-5 % by weight and with a water content of less than 5 % by weight ( PG 2) :

a) On exportation of goods of CCT heading No 35.01

b ) On exportation of other goods 5-00

ex 04.02 A II Powdered milk, obtained by the spray process, with a fat content of 26 % by weight and a water content of less than 5 % by weight ( PG 3 ) 32-25

ex 04.02 A III Concentrated milk, with a fat content by weight of 7-5 % and a content by weight in dry matter equal to 25 %> ( PG 4) 10-00

ex 04.03 Butter, with a fat content by weight of 82 % ( PG 6 ) :

a ) On exportation of goods of CCT heading No 19.08 or subheadings 18.06 B and 21.07 C, and 'ice mix' of CCT subheadings 18.06 D and ex 21.07 F manu­ factured under the conditions laid down in Article 6 of Regulation (EEC) No 1259/72

b ) On exportation of other goods 70-00