31976R0518

9 . 3 . 76 No L 61 /7 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 518/76 of 8 March 1976 concerning the application of the lowest rate of refund on exports of milk products and repealing Regulation (EEC) No 2188/74

THE COMMISSION OF THE EUROPEAN the lowest rate may be paid as soon as the product is COMMUNITIES, placed under control as specified in that Regulation ;

Having regard to the Treaty establishing the European Whereas Article 5 (2) of Commission Regulation Economic Community, (EEC) No 269/73 of 31 January 1973 laying down detailed rules for the application of the system of accession compensatory amounts (9), as last amended by Regulation (EEC) No 121 /75 (10), provides that Having regard to Council Regulation (EEC) No where the compensatory amount is higher than the 804/68 of 27 June 1968 on the common organization lowest export refund applicable to the product in ques­ of the market in milk and milk products ( x), as last tion, or where no refund is fixed for such product, amended by Regulation (EEC) No 740/75 (2), and in payment of the refund is to be conditional inter alia particular Article 17 (4) thereof, on proof being furnished that the import formalities have been completed in the Member State of destina­ tion ;

Having regard to Council Regulation (EEC) No 876/68 of 28 June 1968 laying down general rules for Whereas, for certain milk products, the lowest rate of granting export refunds on milk and milk products refund within the meaning of the above provisions is and criteria for fixing the amount of such refunds (3), at present determined by the fact that no refund is as last amended by Regulation (EEC) No 2429/72 (4), fixed for exports to the United States (Zone E) ; and in particular Article 6 (2) thereof, whereas, in these circumstances, in order to prevent the application of the above rules hindering normal trade, Commission Regulation (EEC) No 2188 /74 of Whereas, where the export refund varies according to 21 August 1974 concerning the application of the destination, Article 11 (2) of Commission Regulation lowest rate of refund on exports of milk products (n), (EEC) No 192/75 of 17 January 1975 laying down as amended by Regulation (EEC) No 489/75 (12), detailed rules for the application of export refunds in provides for exceptions to be made to these rules where such a situation exists and measures introduced respect of agricultural products (5), as last amended by Regulation (EEC) No 2818/75 (6), provides that a part in the United States guarantee that products in respect of the refund calculated on the basis of the lowest rate of which a refund has been granted for export to other of refund applicable on the date on which the destinations are not exported to Zone E ; whereas customs export formalities are completed is to be paid experience acquired has shown that all the products on proof being furnished that the product has left the listed in Annex I to Regulation (EEC) No 2188/74 geographical territory of the Community ; should fall within this exception as regards the applica­ tion of Articles 2 (4) and 3 ( 1 ) of Regulation (EEC) No 441 /69 ;

Whereas, under Article 2 of Council Regulation (EEC) No 441 /69 of 4 March 1969 laying down additional Whereas, in the interests of clarity, Regulation (EEC) rules for granting export refunds on products subject No 2188/74 should be repealed and replaced by a to a single price system, exported unprocessed or in new text : the form of certain goods not covered by Annex II to the Treaty (7), as last amended by Regulation (EEC) No 337/76 (8), the part of the refund corresponding to Whereas the measures provided for in this Regulation (') OJ No L 148 , 28 . 6. 1968 , p. 13 . are in accordance with the opinion of the Manage­ (2) OJ No L 74, 22. 3. 1975, p. 1 . ment Committee for Milk and Milk Products, P) OJ No L 155, 3 . 7. 1968 , p. 1 . (4) OJ No L 264, 23 . 11 . 1972, p. 1 . (*) OJ No L 25, 31 . 1 . 1975, p. 1 . f) OJ No L 30, 1 . 2. 1973, p. 73. (6) OJ No L 280, 31 . 10 . 1975, p. 31 . H OJ No L 13, 18 . 1 . 1975, p. 23 . (7) OJ No L 59, 10. 3 . 1969, p. 3 . (") OJ No L 231 , 22. 8 . 1974, p. 11 . (8) OJ No L 42, 18 . 2. 1976, p. 12. ( 12) OJ No L 53, 28 . 2. 1975, p. 30 .

No L 61 / 8 9 . 3 . 76 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : — for the purposes of the last subparagraph of Article 2 (4) and for the purposes of Article 3 ( 1 ) of Regula­ Article 1 tion (EEC) No 441 /69 .

The fact that no refund is fixed for the products listed Article 2 in the Annex when exported to Zone E shall not be taken into account : Regulation (EEC) No 2188/74 is hereby repealed. — for the purpose of determining the lowest rate of Article 3 refund as referred to in Article 1 1 (2) of Regulation (EEC) No 192/75, This Regulation shall enter into force on the day — for the purposes of Article 5 (2) of Regulation following its publication in the Official Journal of (EEC) No 269/73, the European Communities.

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

Done at Brussels, 8 March 1976. For the Commission P. J. LARDINOIS Member of the Commission

' ANNEX

List of products specified in Article 1

CCT heading No 04.01 04.02 04.03 23.07 B I a) 3 23.07 B I a) 4 23.07 B II