31985R1273

18 . 5. 85 Official Journal of the European Communities No L 131 /9

COMMISSION REGULATION (EEC) No 1273/85 of 16 May 1985 suspending the advance fixing of export refunds on certain milk products

THE COMMISSION OF THE EUROPEAN ments will apply to refunds fixed in advance, up to COMMUNITIES, and including the day preceding that on which the Council of Ministers decides on the new prices and measures applicable for the 1985/86 milk year ; Having regard to the Treaty establishing the European whereas advance fixing of the refund should be Economic Community, suspended as from the day on which the Council decides on the new prices and measures applicable for the 1985/86 milk year, to prevent the persons concerned from applying for the advance fixing of the Having regard to Council Regulation (EEC) No 876/68 refund in order to avoid a negative adjustment ; of 28 June 1968 laying down general rules for gran­ ting export refunds on milk and milk products and criteria for fixing the amount of such refunds ('), as last amended by Regulation (EEC) No 2429/72 (2), and in particular the second subparagraph of Article 5 (4) thereof,

Whereas, under Article 10(1 ) of Commission Regula­ Having regard to Council Regulation (EEC) No tion (EEC) No 2729/81 of 14 September 1981 laying 3035/80 of 11 November 1980 laying down general down special rules implementing the system of import rules for granting export refunds on certain agricul­ and export licences and the advance fixing of refunds tural products exported in the form of goods not in respect of milk and milk products (*), as last covered by Annex II to the Treaty, and the criteria for amended by Regulation (EEC) No 369/85 (*), and fixing the amount of such refunds (3), as last amended Article 7 (3) of Commission Regulation (EEC) No by Regulation (EEC) No 1028/83 (4), 1760/83 of 29 June 1983 on special detailed rules for the application of the system of advance-fixing certifi­ cates for certain agricultural products exported in the Whereas, pursuant to Article 5 (4) of Regulation (EEC) form of goods not covered by Annex II to the Treaty No 876/68 and Article 5 (3) of Regulation (EEC) No and derogating from Regulation (EEC) No 2730/79 3035/80, the Commission is authorized to suspend with regard to payment of refunds on butter (8), as last advance fixing ; amended by Regulation (EEC) No 269/85 (9), in cases where the refund is fixed in advance in respect of products falling within heading No 04.03 of the Whereas the Council of Ministers has decided that the Common Customs Tariff, certificates are issued on the intervention price for butter, applicable from the fifth working day following the day on which the beginning of the 1985/86 milk year, will be lower than application is lodged, in so far as special measures are that for 1984/85 and that the intervention price for not taken in the intervening period ; whereas, in view skimmed-milk powder will be raised ; whereas, accor­ of the purpose of that measure, the suspension may be dingly, advance-fixed refunds fixed prior to the begin­ limited to applications for advance-fixing certificates ning of the new milk year in the case of milk products submitted on or after the Council's decision, without should be adjusted negatively in respect of their affecting applications lodged before that date ; milkfat content and positively in respect of their non-fat content, provided the said products are manu­ factured and exported during the 1985/86 milk year ; whereas the adjustments will be positive or negative, depending on the product's composition ;

Whereas, in accordance with Commission communi­ Whereas the measures provided for in this Regulation cation 85/C 27/03 of 29 January 1985 (5), the adjust are in accordance with the opinion of the Management Committee for Milk and Milk Products,

(') OJ No L 155, 3. 7. 1968, p. 1 . 0 OJ No L 264, 23. 11 . 1972, p. 1 . O OJ No L 272, 26. 9. 1981 , p. 19. 0 OJ No L 323, 29. 11 . 1980, p. 27. o OJ No L 44, 14. 2. 1985, p. 11 . 0 OJ No L 116, 27. 4. 1983, p. 9. o OJ No L 172, 30. 6. 1983, p. 20. 0 OJ No C 27, 29 . 1 . 1985, p. 6. 0 OJ No L 28, 1 . 2. 1985, p. 41 .

No L 131 / 10 Official Journal of the European Communities 18 . 5. 85

HAS ADOPTED THIS REGULATION : fixing of the refund in respect of products falling within heading No 04.03 of the Common Customs Article 1 Tariff which are submitted before 17 May 1985.

The advance fixing of export refunds for products specified in the Annex to this Regulation, to be exported without further processing or in the form of Article 3 goods covered by the Annex to Regulation (EEC) No 804/68, is hereby suspended from 17 up to and including 26 May 1985. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Article 2 Communities.

However, the suspension referred to in Article 1 shall not apply to applications for certificates with advance It shall apply with effect from 17 May 1985.

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

Done at Brussels, 16 May 1985. For the Commission Frans ANDRIESSEN Vice-President

18 . 5 . 85 Official Journal of the European Communities No L 131 / 11

ANNEX

Products falling within Common Customs Tariff subheadings (')

04.01 B 04.02 A III b) 2 04.02 A II a) 4 (ee) 04.02 B II b) 1 (cc) 04.02 A II a) 4 (ff) 04.02 B II b) 1 (dd) 04.02 A II b) 4 (dd) 04.02 B II b) 1 (ee) 04.02 A II b) 4 (ee) 04.02 B II b) 2 04.03 04.02 A II b) 4 (ff) 04.02 A III b) 1 (aa) (44) 04.04 E I b) 2 (dd) (55) 04.02 A III b) 1 (aa) (55) 04.04 E I c) 1 (bb) (22) 04.02 A III b) 1 (aa) (66) 04.04 E I c) 2 (bb) (22)

(') See the Annexes to the Regulations fixing the export refunds for milk and milk products.