****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 155 , 3 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 264 , 23 . 11 . 1972 , P . 1 .

( 5 ) OJ NO L 213 , 11 . 8 . 1975 , P . 15 .

( 6 ) OJ NO L 280 , 24 . 10 . 1980 , P . 18 .

( 7 ) OJ NO L 28 , 5 . 2 . 1969 , P . 1 .

( 8 ) OJ NO L 133 , 30 . 5 . 1980 , P . 24 .

COMMISSION REGULATION ( EEC ) NO 2826/80

OF 31 OCTOBER 1980

AMENDING FOR THE 15TH TIME REGULATION ( EEC ) NO 2044/75 AS REGARDS THE EXPORT LICENCE FOR BUTTEROIL , DEROGATING FROM REGULATION ( EEC ) NO 2730/79 AS REGARDS PAYMENT OF THE REFUND FOR BUTTEROIL , AND AMENDING REGULATION ( EEC ) NO 210/69

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLES 13 ( 3 ), 17 ( 4 ) AND 28 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 876/68 OF 28 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON MILK AND MILK PRODUCTS AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2429/72 ( 4 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 6 ( 2 ) AND ARTICLE 6 ( 3 ) THEREOF ,

WHEREAS ARTICLE 5 ( 6 ) AND ( 7 ) OF COMMISSION REGULATION ( EEC ) NO 2044/75 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2709/80 ( 6 ), PROVIDES THAT THE DESTINATION MUST BE GIVEN ON ALL EXPORT LICENCES AND CERTIFICATES FOR BUTTER AND THAT , IN ORDER TO ENSURE THAT THE SAID OBLIGATORY DESTINATION IS REACHED , THE PAYMENT OF PART OF THE REFUND IS SUBJECT TO PROVISION OF PROOF OF ARRIVAL OF THE PRODUCT AT THE DESTINATION ;

WHEREAS , IN ORDER TO BE ABLE TO REVIEW THE LEVEL OF THE REFUND AT PRESENT APPLICABLE TO BUTTEROIL WITHIN SUBHEADING 04.03 B OF THE COMMON CUSTOMS TARIFF AND EXPORTED TO CERTAIN DESTINATIONS , IT IS NECESSARY TO EXTEND APPLICATION OF THE SAID RULES TO THIS PRODUCT ;

WHEREAS , IN RESPECT OF THE INFORMATION TO BE PROVIDED IN THIS RESPECT BY THE MEMBER STATES , COMMISSION REGULATION ( EEC ) NO 210/69 ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1305/80 ( 8 ), MUST BE ADAPTED ACCORDINGLY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 5 OF REGULATION ( EEC ) NO 2044/75 IS HEREBY AMENDED AS FOLLOWS :

1 . IN PARAGRAPH 5 , ' SUBHEADINGS 04.02 A II B ) 1 , 04.02 B I B ) 2 AA ) AND 04.03 B ' ARE REPLACED BY ' SUBHEADINGS 04.02 A II B ) 1 AND 04.02 B I B ) 2 AA ) ' .

2 . IN THE FIRST SUBPARAGRAPH OF PARAGRAPHS 6 AND 7 , ' SUBHEADING 04.03 A ' IS REPLACED IN BOTH CASES BY ' HEADING NO 04.03 ' .

ARTICLE 2

1 . WITH REGARD TO THE PRODUCTS FALLING WITHIN SUBHEADING 04.03 B , THE PROVISIONS OF ARTICLE 5 ( 7 ) OF REGULATION ( EEC ) NO 2044/75 , AS AMENDED IN ACCORDANCE WITH ARTICLE 1 ABOVE , SHALL APPLY ONLY :

( A ) TO PRODUCTS IN RESPECT OF WHICH THE CUSTOMS FORMALITIES FOR EXPORT FROM THE COMMUNITY ARE COMPLETED AS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION ;

( B ) TO PRODUCTS PLACED UNDER THE ARRANGEMENTS REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 565/80 AS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .

2 . HOWEVER , THE AMENDED PROVISIONS OF ARTICLE 5 ( 7 ) OF REGULATION ( EEC ) NO 2044/75 SHALL NOT APPLY IN THE CASES REFERRED TO IN PARAGRAPH 1 ( A ) AND ( B ) WHERE A CERTIFICATE WITH ADVANCED FIXING OF THE REFUND IS USED WHICH WAS APPLIED FOR BEFORE THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .

ARTICLE 3

IN THE SECOND LAST SUBPARAGRAPH OF ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 210/69 , ' SUBHEADING 04.03 A ' IS REPLACED BY ' HEADING NO 04.03 ' .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 OCTOBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT