31974R3023

30 . 11 . 74 Official Journal of the European Communities No L 321 / 63

REGULATION ( EEC) No 3023 / 74 OF THE COMMISSION of 29 November 1974 fixing the rates of the refunds applicable from 1 December 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 x 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 2518 / 74 ( 7) ; whereas a rate of refund should be fixed for this milk Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular powder ; 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 (9), 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 conditions ; (4 ) OJ No L 169 , 18 . 7 . 1968 , p. 6 ( 5 ) OJ No L 73 , 27 . 3 . 1972 , p. 14 (<>) O") No L. 151 , 30 . 6 . 1968 , p. 3 (>) OJ No L 148 , 28 . 6 . 1968 , p. 13 . ( 7) O'j No L 270 , 5 . 10 . 1974. p. 1 2 OJ No L 85, 29 . 3 . 1974 , p. 51 . ( s) O'j No L 91 , 25. 4 . 1970 , p. 28 (3 ) OJ No L 289 , 27 . 12 . 1972, p . 13 . ") O'l No I. 80 , 26 . 3 . 1974 , p. 7 .

No L 321 / 64 Official Journal of the European Communities 30 . 11 . 74

Whereas Commission Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 1 259 / 7 2 ( 1 ) of 16 June 1972 on the disposal of butter at a reduced price to certain Community processing Article 1 undertakings, as last amended by Regulation ( EEC) No 2273 /74 ( 2), authorizes the delivery, to industries 1 . Under the provisions of Article 28 of Regulation manufacturing the goods falling within heading No ( EEC) No 1519 /72 the rates of the refunds applicable 19.08 or subheadings 18.06 B, 21.07 C and 'ice mix' from 1 December 1974 to the basic products or subheadings 18.06 D and ex 21.07 F of the appearing in Annex A to Regulation ( EEC) No Common Customs Tariff, of butter at a reduced price 2682/72 and listed in Article 1 of Regulation (EEC) under a standing invitation to tender ; No 804/ 68 , exported in the form of goods listed in Whereas, according to Article 28 of Commission the Annex to Regulation ( EEC) No 804/ 68 , are hereby Regulation ( EEC) No 151 9 / 72 (3 ) of 14 July 1972 fixed as shown in the Annex to this Regulation . concerning selling butter at a reduced price for the purpose of exporting certain mixtures of fats, as last 2. No rates of refund are fixed for any of the amended by Regulation ( EEC) No 2904/73 (4), no products referred to in the preceding paragraph which export refund can be granted for the butter incorpor­ are not listed in the Annex to this Regulation . ated in the products referred to in Article 1 9 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 December ment Committee for Milk and Milk Products , 1974 .

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

Done at Brussels, 29 November 1974 .

For the Commission

P.J. LARDINOIS Member of the Commission

(') 0 | No L 139 , 17 . 6 . 1972, p. 18 . (2 ) OJ No L 240 , 3 . 9 . 1974, p. 5 . (3 ) OJ No L 162, 18 . 7 . 1972, p . 1 . 4 ) OJ No L 298 , 26 . 10 . 1973 , p . 23 .

30 . 11 . 74 Official Journal of the European Communities No L 321 / 65

ANNEX

to the Commission Regulation of 29 November 1974 fixing the rates of the refunds applicable from 1 December 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. /100 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

cx 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

cx 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