31989R3463

No L 334/26 18 . 11 . 89 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3463/89 of 17 November 1989 amending Regulation (EEC) No 756/70 on grating aid for skimmed milk processed into casein and caseinates

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community*

Having regard to Council Regulation (EEC) No 804/68 of HAS ADOPTED THIS REGULATION : 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 763/89 (2), and in particular Article Article 1 11 (3) thereof,

Regulation (EEC) No 756/70 is hereby amended as Whereas Article 2 (4) of Council Regulation (EEC) No follows : 987/68 of 15 July 1968 laying down general rules fro granting aid for skimmed milk processed into casein or 1 . the following is added to the fourth subparagraph of caseinates (3), as last amended by Regulation (EEC) No Article 4 (6) : 3554/88 (4), provides that the aid granted my be limited to certain uses of casein and caseinates where the market '— casein and caseinates which, by the addition of situation so requires ; whereas, pursuant to that provision, chemical substances on manufacture, have Commission Regulation (EEC) No 756/70 (*), as last become unusable for the manufacture of products amended by Regulation (EEC) No 3129/89 (6), lays down falling within Chapter 4 of the combined the cases and the conditions in which the aid may be nomenclature although they comply with the granted ; requirements as to composition laid down in the Annexes shall be treated in the same way as end products.' ; Whereas the addition of certain chemical substances to skimmed milk or raw casein on the manufacture of casein 2. the following Article 4b is inserted : or caseinates is compatible with the requirements as to composition laid down in the Annexes to Regulation 'Article 4b (EEC) No 756/70 and also permits any use in the manufacture of foodstuffs to be rules out ; whereas it 1 . Where products are dispatched to a second should accordingly be stipulated that such denaturing Member State in accordance with theprovisions of constitutes utilization in accordance with Article 4 (6) of Article 4a, the first customs office of destination shall that Regulation ; act as customs office of departure and, on application by the parties concerned, shall issue or have issued Whereas Article 4a of that Regulation provides that where under its responsibility one or more T 5 control copies. a check on the use of casein and caseinates is carried out, the dispatch of the products to a Member State other than The new T 5 control copy or copies shall be issued in that of production is to be effected under cover of the T 5 respect of products declared : document ; whereas from the outset that document either permits two specific uses or destinations, namely export to third countries or utilization within Community (a) as redispatched to another Member State for territory ; whereas, on import into the Member State of incorporation ; or destination or utilization, it is possible to stipulate one or (b) as exported to a third country. both . of the destinations or utilizations mentioned ; whereas provision should accordingly be made for the The T 5 control copy or copies shall be completed laying down the destination or utilization selected by the taking account of the information appearing on the importer in the T5 document issued by the customs original document. The number and date of issue of office of departure, the new T5 document in that case the original document and the customs office which being issued at the customs office of destination and issued it shall be entered in section 106 of the new T 5 under its responsibility ; control copy or copies.

(') OJ No L 148, 28 . 6. 1968, p. 13. 2. Where the particulars to be noted in the section (*) OJ No L 84, 29. 3. 1989, p. 1 . headed 'Control as to use and/or destination' of the 0 OJ No L 169, 18. 7. 1968, p. 6. T 5 control copy depends on information from T 5 (4) OJ No L 311 , 17. 11 . 1988, p. 6. ¥) OJ No L 91 , 25. 4. 1970, p. 28. control copies received from customs authorities of 0 OJ No L 301 , 19. 10. 1989, p. 19. other Member States or national documents received

18 . 11 . 89 Official Journal of the European Communities No L 334/27

by other national authorities, the customs office of another Member State shall contain the same destination referred to in paragraph 1 shall enter the particulars as those laid down in paragraphs 1 , 2 and 3 number of numbers of the T 5 control copies or of the regarding the completion of the T5 control copies.' national documents concerned under 'Remarks'.

3. Where only part of the products mentioned in the T 5 control copy has satisfied the conditions laid Article 2 down, the customs office of destination shall indicate the quantity of products which has satisfied those This Regulation shall enter into force on the day of its conditions and the date of processing in the section publication in the Official Journal of the European headed 'Control as to use and/or destination' of the Communities. T 5 control copy. 4. The national documents which must be issued by On application by the parties concerned, it shall apply to a Member State to accompany products coming from casein and caseinates manufactured from 1 March 1989 .

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

Done at Brussels, 17 November 1989 .

For the Commission Ray MAC SHARRY Member of the Commission