31. 12. 80 Official Journal of the European Communities No C 356/41 
Proposal for a Council Regulation amending Regulation (EEC) No 804/68 in respect of 
grant of export refunds by the tender system in the milk and milk products sector 
(Submitted by the Commission to the Council on 30 December 1980) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 43 thereof, 
Having regard to the proposal from the 
Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas Article 17 (1) of Council Regulation (EEC) 
No 804/68 of 27 June 1968 on the common 
organization of the market in milk and milk pro­
ducts ('), as last amended by Regulation (EEC) No 
1761/78 (2), provides that the difference between the 
prices in international trade and the prices in the 
Community can be covered by an export refund; 
whereas, pursuant to paragraph 2 of the said Article, 
the refund is the same for the whole Community: 
Whereas, for reasons of commercial policy, with a 
view to a better check on quantities exported and/or 
to reduce expense to the Community, it may prove 
necessary to fix refunds by a tender system; whereas 
Regulation (EEC) No 804/68 should therefore be 
modified accordingly, 
HAS ADOPTED THIS REGULATION: 
Article I The refund fixed shall be granted on request from 
the person concerned. When fixing the refund, 
account shall be taken in particular of the need to 
establish a balance between the use of Community 
basic products for the export to third countries of 
processed goods and the use of third country 
products brought in under inward processing 
arrangements. 
The Council, acting by qualified majority vote on a 
proposal from the Commission, shall adopt the 
general rules for granting refunds, fixing their 
amount and advance fixing. 
Refunds shall be fixed periodically in accordance 
with the procedure laid down in Article 30. Where 
necessary, the Commission may, at the request of a 
Member State or on its own initiative, alter the 
refunds in the intervening period. 
3. When it proves necessary for reasons of 
commercial policy, with a view to a better check on 
the quantity of exports qualifying for a refund 
and/or in order to grant only the necessary level of 
refund, refunds may be granted by a tender 
procedure. 
The council, acting by qualified majority vote on a 
proposal from the Commission, shall adopt the 
general rules applicable in cases where grant is 
made by tender procedure. 
4. Rules for the application of this Article shall 
be adopted in accordance with the procedure laid 
down in Article 30.' 
Paragraphs 2 to 5 of Article 17 of Regulation (EEC) 
No 804/68 are hereby replaced as follows: 
'2. Without prejudice to the provisions adopted 
by virtue of paragraph 3, the refund shall be the 
same for the whole Community. It may differ 
according to destination. Article 2 
This Regulation shall enter into force on the third 
day following that of its publication in the Official 
Journal of the European Communities. 
(•) OJ No L 148, 28. 6. 1968, p. 13. 
(2) OJ No L 204, 28. 7. 1979, p. 6. This Regulation shall be binding in its entirety and 
directly applicable in alle Member States.