CELEX: 31973R2500
Language: en
Date: 1973-09-13 00:00:00
Title: Regulation (EEC) No 2500/73 of the Commission of 13 September 1973 on the advance fixing of refunds and the period of validity of export certificates for milk and milk products

14 . 9 . 73                                 Official Journal of the European Communities                           No L 258 / 1
                                                                     I
                                                   (Acts whose publication is obligatory)
                                    REGULATION (EEC) No 2500/73 OF THE COMMISSION
                                                           of 13 September 1973
                on the advance fixing of refunds and the period of validity of export certificates for
                                                          milk and milk products
 THE COMMISSION OF THE EUROPEAN                                           States market has currently decreased and the
 COMMUNITIES ,                                                            market prices of various milk products are tending
                                                                          to rise ; whereas certain powdered milks and butter
                                                                         exported to the United States market should
 Having regard to the Treaty establishing the Euro­                      consequently be excluded from the products for
 pean Economic Community ;                                                which refunds may be fixed in advance ;
 Having regard to Council Regulation (EEC ) No 804/                     Whereas for the purposes of clarity Article 35 (2)
 68 ( x ) of 27 June 1968 on the common organization                     and (3 ), the Annex to Regulation ( EEC) No 2637/70
 of the market in milk and milk products, as last                        and Regulation ( EEC ) No 2683/70 should be
 amended by the Act ( 2 ), concerning the Conditions                     included in a single text ;
 of Accession and the Adjustments to the Treaties ,
 and in particular Articles 13 ( 3 ) and 17 (4 ) thereof ;
                                                                         Whereas the measures provided for in this Regula­
                                                                         tion are in accordance with the Opinion of the
Whereas the Annex to Commission Regulation                               Management Committee for Milk and Milk
 ( EEC) No 2637/70 (3) of 23 December 1970 on                            Products ;
special rules for the application of the system of
import and export licences and advance fixing certif­
icates for agricultural products, as last amended by
Regulation (EEC) No 2312/73 (4), fixes the period                        HAS ADOPTED THIS REGULATION :
of validity of export certificates for milk and milk
products ; whereas the situation on the world
market in oils and fats requires that the periods of
validity of export certificates for butter be reduced ;                                          Article 1
whereas the abovementioned Annex should there­
fore be amended ;                                                        The refund for the products listed in Article 1 of
                                                                        Regulation ( EEC ) No 804/68 , with the exception of
                                                                         those listed in Annex I of this Regulation and
Whereas Commission Regulation ( EEC ) No                                 exported to the destination indicated therein, shall
2683/70 ( 5) of 29 December 1970 laying down                             be fixed in advance when requested .
special procedures for the advance fixing of export
refunds on milk and milk products, as last amended
by Regulation (EEC) No 767/73 (6), indicates the
                                                                                                 Article 2
products for which refunds may not be fixed in
advance when they are exported to certain destina­
tions ; whereas milk production on the United                            1.     Export certificates, issued as part of the
                                                                        advance fixing of refunds, shall be valid from the
                                                                        day of issue pursuant to Article 8 ( 1 ) of Regulation
                                                                         ( EEC ) No 1373 /70 until the end of the periods fixed
(*)  OJ   No  L 148 , 28 . 6 . 1968 , p . 13 .
(2)  OJ   No  L 73 , 27. 3 . 1972, p . 14.                               in Annex II of that Regulation .
( 3) OJ   No  L 283 , 29 . 12 . 1970, p . 15 .
(4 ) OJ   No  L 237, 25 . 8 . 1973 , p . 28 .
(5)  OJ   No  L 285 , 31 . 12 . 1970, p . 36 .
                                                                         2.     Where in Annex II different periods of validity
 («) OJ   No  L 77, 26. 3 . 1973 , p . 1 .                               are shown for the export certificate, depending on
 ---pagebreak--- No L 258/2                          Official Journal of the European Communities                            14. 9 . 73
the presentation of the product concerned, there                                      Article 4
shall be indicated in the export certificate under
' 12 : special details' the words 'valid for' followed        In Article 35 of Regulation (EEC) No 2637/70 :
by the description of the product given under the             — paragraph 2 is replaced by the following :
corresponding heading in Annex II. The certificate
shall only be valid for this description.                        ' 2. The period of validity of the export certifi­
                                                                 cate shall be as fixed by Regulation (EEC) No
                                                                 2500/73 .
3 . Where a compulsory destination (is fixed in
Annex II, an export certificate issued for the                   However, in special cases provision may be
product in question and not stating the compulsory                made for a special period of validity.' ;
 destination renders it compulsory for the export to          — the second subparagraph of paragraph 3 is
be made to a 'destination other than the said
                                                                  replaced by the following :
compulsory destination, without prejudice to the
provisions of Article 1 .                                         ' However, the period of validity of (the certifi­
                                                                 cate may not exceed the periods fixed by Regula­
                                                                  tion (EEC) No 2500/73 '.
                          Article 3
                                                                                      Article 5
In the case of an export in connection with an invi­          Regulation (EEC) No 2683/70 is repealed .
tation to/ tender as referred to in the first paragraph
of Article 35 (3) of Regulation (EEC) No 2637/70,                                     Article 6
the period of validity of the export certificate may
 not exceed the periods given in Annex III of this            This Regulation shall enter into force on 14
 Regulation.                                                  September 1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 September 1973 .
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI
 ---pagebreak--- 14. 9 . 73                         Official Journal of the European Communities                            No L 258/3
                                                          ANNEX 1
               List of products and of the destinations for which advance fixing of refunds is excluded
              CCT heading No                     Description of product                  Destination
              04.02 A II b) 1                                                  Zone E, Canada, Mexico,
                                                                               Puerto Rico
           ex 04.02 A II b ) 2      with a fat content not exceeding 11 %      Zone E, Canada, Mexico,
                                     by weight                                 Puerto Rico
              04.02 B I b ) 2 aa)                                              Zone E, Canada, Mexico,
                                                                               Puerto Rico
           ex 04.02 B I b ) 2 bb )  with a fat content not exceeding 11 %      Zone E, Canada, Mexico,
                                    by weight                                  Puerto Rico
           ex 04.03                 with a fat content not exceeding 99-5 %    Zone E, Canada, Mexico,
                                    by weight                                  Puerto Rico
              04.04                                                            Zone D
           ex 04.04 A II            Emmentaler and Gruyère                     Liechtenstein, Switzerland
              04.04 E I b) 2        Tilsit and Butterkäse                      Liechtenstein, Switzerland
           ex 04.04 E I b ) 5       Edam , Fontal, Fontina, Gouda , Italico,   Liechtenstein , Switzerland
                                    Mimolette, Saint Paulin, and other
                                    cheeses with a water content by weight
                                    in the non fatty matter exceeding 52 °/o
                                    and not exceeding 67 °/o
           ex 23.07 B               with a content of milk products of not     Zone E, Canada, Mexico,
                                    less than 50 % by weight                   Puerto Rico
 ---pagebreak--- No L 258 /4                               Official Journal of the European Communities                                             14. 9 . 73
                                                                  ANNEX 11
                                                  Period of validity of export certificates
                                                                                                                    Compulsory
                  Period of validity          CCT Heading No                      Description of product           destination (')
            (a) 15 days                        04.02 A II b ) 1
                                           ex 04.02 A II b) 2           with a fat content not exceeding
                                                                        11 °/o by weight
                                               04.02 B I b ) 2 aa)                                                       —
                                           ex 04.02 B I b ) 2 bb )      with a fat content not exceeding
                                                                        11 °/o by weight
                                           ex 23.07 B                   with a fat content of not less
                                                                        than 50 °/o by weight
            (b ) 30 days                   ex 04.03                     with a fat content not exceeding
                                                                        99-5 % by weight                                 —
            (c) until the end of
                 the      fifth   month
                                           the other products
                 following            the listed  in Regulation
                  month in which
                  the         certificate  (EEC) No 804/68
                  was issued
             (') See Article 2 (3). However, if advance fixing is excluded for certain products and certain destinations by
                 Annex I the export licence issued for these products renders it compulsory for the export to be made to
                 a destination other than that appearing in Annex I.
                                                                  ANNEX 111
            Maximum period of validity of export certificates in the case of exports on the basis of an
                                                              invitation to tender
                                                                Description of product
                    Maximum period of validity                   (CCT heading No )                          Comments
            (a) equal to the period of                   04.02 A II a) 1
                  validity fixed in Annex                04.02 A II b ) 1
                  II i 1 ) :
                                                         04.02 B I b) 1 aa)
                                                         04.02 B I b) 2 aa)                        excluding the exports
                                                                                                   covered by ( c)
            ( b) until the end of the                    the other products listed in
                   12th month following                  Article 1 of Regulation
                   that of its issue                     (EEC) No 804/68
            ( c) until the end of the                    all the products listed in Article 1 of Regulation
                  18 th month following                  (EEC) No 804/68, exported under an invitation to
                  that of its issue :                    tender issued by the armed forces (Article 36 ( 1 ) of
                                                         Regulation ( EEC) No 2637/70 )
            (M Without prejudice to a special validity fixed according to Article 35 (2) (2) of Regulation (EEC) No 2637/70 .