31976R0196

No L 23 /40 Official Journal of the European Communities 30 . 1 . 76

COMMISSION REGULATION (EEC) No 196/76 of 29 January 1 976 laying down special rules governing the payment of the refund for skimmed­ milk powder for use as feed in the country of destination

THE COMMISSION OF THE EUROPEAN Whereas the Management Committee for Milk and COMMUNITIES, Milk Products has not delivered an opinion within the , time limit set by its Chairman,

Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION :

Article 1 Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization Where a refund is fixed for skimmed-milk powder of the market in milk and milk products ( !), as last falling within subheading 04.02 A II b) 1 of the amended by Regulation (EEC) No 740/75 (2), and in Common Customs Tariff intended for animal feed in particular Articles 13 (3) and 17 (4) thereof, the country of destination, then, if the ^products have not been denatured in accordance with Regulation (EEC) No 990/72, such refund shall only be paid in Having regard to Council Regulation (EEC) No accordance with the additional conditions laid down 876/68 of 28 June 1968 laying down general rules for in this Regulation . granting export refunds on milk and milk products and criteria for fixing the amount of such refunds (3), Article 2 as last amended by Regulation (EEC) No 2429/72 (4), and in particular Article 6 (3) thereof, 1 . The refund shall be fixed in advance .

2. The exporter shall, when lodging the application Whereas, in view of the difference in the price of for the certificate of advance fixing, produce the skimmed-milk powder according to its use in interna­ contract of delivery, which shall at least include the tional trade, provision must be made for varying the following : level of the refund thereon according to whether it is intended for human consumption or for animal feed ; — the exporters name and address, whereas, therefore, the payment of the refund when — the quantity or quantities of the products to be the product is intended for animal feed should be delivered, subject to conditions additional to those laid down in — the selling price, Commission Regulations (EEC) No 192/75 of 17 — the delivery period, January 1975 laying down detailed rules for the appli­ cation of export refunds in respect of agricultural — evidence that the product is intended exclusively for animal feed . products (5) and (EEC) No 193/75 of 17 January 1975 laying down common detailed rules for the applica­ 3 . The application for the cerficiate of advance tion of the system of import and export licences and fixing and the certificate itself shall contain : advance fixing certificates for agricultural products (6) ; — in Section 1 2, one of the following endorsements : valid for skimmed milk powder : Whereas the application of the special system set up in this Regulation requires certain derogations from — not denatured in accordance with Regulation Commission Regulation (EEC) No 2044/75 of 25 July (EEC) No 990/72, and 1975 on special detailed rules for the application of — intended to be used for animal feed in the the system of import and export licences and the country of destination . advance fixing of refunds in respect of milk and milk — in Section 13, the name of the country of destina­ products (7), as last amended by Regulation (EEC) No tion ; the issue of the certificate shall make it oblig­ 3207/75 (8) ; atory to export to that country. (') OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 74, 22. 3 . 1975, p. 1 . Article 3 (3) OJ No L 155, 3 . 7. 1968 , p. 1 . (4) OJ No L 264, 23 . 11 . 1972, p. 1 . Payment of the refund shall be subject to the produc­ (5) OJ No L 25, 31 . 1 . 1975, p. 1 . tion of a certificate issued by an official organization (*) OJ No L 25, 31 . 1 . 1975, p. 10 . (7) OJ No L 213, 11 . 8 . 1975, p. 15. of the country of destination, specified in a list to be 8 OJ No L 318 , 9 . 12. 1975, p. 14. established, certifying that the product imported will

30 . 1 . 76 Official Journal of the European Communities No L 23/41

be subject to a control to ensure that it will be used valid with effect from its actual day of issue until the exclusively for animal feed and will not be reexported. end of the sixth month following that of issue.

Article4¶

By way of derogation from the provisions of Regula­ This Regulation shall enter into force on the third day tion (EEC) No 2044/75, a certificate of advance fixing following its publication in the Official Journal of issued in accordance with this Regulation shall be the European Communities.

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

Done at Brussels, 29 January 1976.

For the Commission

P.J. LARDINOIS Member of the Commission