CELEX: 31973R2405
Language: en
Date: 1973-09-04 00:00:00
Title: Regulation (EEC) No 2405/73 of the Commission of 30 August 1973 fixing the rates of the refunds applicable from 1 September 1973 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

4. 9 . 73                                   Official Journal of the European Communities                            No L 247/ 17
                                 REGULATION (EEC) No 2405/73 OF THE COMMISSION
                                                           of 30 August 1973
               fixing the rates of the refunds applicable from 1 September 1973 to certain milk pro­
                        ducts exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                         ( a) the average costs incurred by processing indus­
 COMMUNITIES ,                                                               tries in obtaining supplies of the basic products in
                                                                              question on the Community market and the
                                                                            prices ruling on the world market ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;
                                                                       ( b ) the level of the refunds on exports of processed
                                                                            agricultural products covered by Annex II to the
Having regard to Council Regulation (EEC) No 804/                           Treaty which are manufactured under similar con­
68 (*) of 27 June 1968 on the common organization                           ditions ;
of the market in milk and milk products, as last
 amended by the Act (2 ), hereinafter referred to as
 'the Act', annexed to the Treaty (3) on the Acces­                     ( c) the need to ensure equality of competition for the
 sion of the new Member States to the European                              industries which use Community products and
Economic Community and the European Atomic                                  those which use third-country products under
Energy Community, signed at Brussels on 22 January                           inward processing arrangements ;
 1972, and in particular the second subparagraph of
 Article 17 (4) thereof ;
Whereas Article 17 ( 1 ) of Regulation ( EEC) No                       Whereas Artiole 4 (3 ) of Regulation (EEC) No
804/68 provides that the difference between prices in                  2682/72 provides that, when the rate of the refund is
international trade for the products listed in Article                 being fixed, account should be taken, where neces­
1 (a), (b ), ( c) and (e) of that Regulation and prices                sary, of production refunds , aids or other measures
within the Community may be covered by an export                       having equivalent effect applicable in all Member
refund ; whereas Council Regulation (*fcEC) No 2682/                   States in accordance with the Regulation on the com­
 72 (4) of 12 December 1972 laying down general
                                                                       mon organization of the market in the product in
rules for granting export refunds on certain agricul­                  question to the basic products listed in Annex A to
tural products exported in the form of goods not                       that Regulation or to assimilated products ;
covered by Annex II to the Treaty, and criteria for
fixing the amount of such refunds, specifies the pro­
 ducts for which a rate of refund should be fixed, to
be applied where these products are exported in the
form of goods listed in the Annex to Regulation
 ( EEC ) No 804/68 :                                                   Whereas Article 11 ( 1 ) of Regulation (EEC) No
                                                                        804/68 provides for the payment of aid for Commu­
                                                                       nity-produced skimmed milk processed into casein if
                                                                        such milk and the casein manufactured from it fulfil
Whereas, in accordance with the first subparagraph                      certain conditions set out in Article 1 of Council
 of Article 4 ( 1 ) of Regulation (EEC ) No 2682/72, the
                                                                         Regulation (EEC) No 987/ 68 (5 ) of 15 July 1968 lay­
  rate of the refund per 100 kg for each of the basic                   ing down general rules for granting aid for skimmed
 products in question must be fixed for each month ;
                                                                        milk processed into casein or caseinates as last
                                                                         amended by the Act ; whereas, pursuant to Article 1
                                                                         ( 2) ( b ) of Regulation - (EEC) No 2682/72, skimmed
 Whereas, in accordance with paragraph 2 of that                         milk thus defined is assimilated to milk powder
 Article, that rate must be determined with particular
  reference to :
   (*) OJ No L 148 , 28 . 6 . 1968 , p . 13 .
   ( 2) OJ No L 73 , 27. 3 . 1972, p . 14 .
   (s) OJ No L 73 , 27 . 3 . 1972 , p . 5 .
   (<) OJ No L 289, 27 . 12 . 1972 , p . 13 .                            (5) OJ No L 169 , 18 . 7 . 1968 , p . 6.
 ---pagebreak--- No L 247/ 18                                 Official Journal of the European Communities                              4. 9 . 73
 complying with the definition of the pilot product                     concerning selling butter at a reduced price for the
 Group No 2 listed in Annex I to Council Regulation                     purpose of exporting certain mixtures of fats, as last
 (EEC ) No 823 /68 (*) of 28 June 1968 determining                      amended by Regulation (EEC) No 1992/73 (8 ), no
 the groups of products and the special provisions for                  export refund can be granted for the butter incor­
 calculating levies on milk and milk products, as last                  porated in the products referred to in Article 19 of
 amended by Regulation (EEC ) No 1354/73 (2 ) ;                         that Regulation ;
 whereas a rate of refund should be fixed for this
                                                                       Whereas the measures provided for in this Regula­
 milk powder ;
                                                                       tion are in accordance with the Opinion of the Man­
                                                                       agement Committee for Milk and Milk Products ;
Whereas Article 2 of Commission Regulation (EEC)
 No 756/70 (3) of 24 April 1970 on granting aid for
skimmed milk processed into casein or caseinates, as                    HAS ADOPTED THIS REGULATION :
 last amended by Regulation (EEC) No 455/73 (4),
fixes the aid per 100 kg of skimmed milk processed                                              Article 1
into casein or caseinates according to type ;
                                                                        1.    The rates of the refunds applicable from 1
Whereas Commission Regulation ( EEC) No                                 September 1973 to the basic products appearing in
                                                                        Annex A to Regulation (EEC) No 2682/72 and listed
  1259/72 (5) of 16 June 1972 on the disposal of but­
ter at a reduced price to certain Community process­
                                                                        in Article 1 of Regulation ( EEC) No 804/68, exported
 ing undertakings, as last amended by Regulation
                                                                       in the form of goods listed in the Annex to Regula­
 (EEC) No 2248/73 (6) authorizes the delivery, to                      tion ( EEC) No 804/68 , are hereby fixed as shown in
                                                                       the Annex to this Regulation .
 industries manufacturing the goods falling within
 heading No 19.08 or of subheadings 18.06 B, 21.07 C                   2. No rates of refund are fixed for any of the pro­
 and 'ice mix' or of subheadings 18.06 D and ex                        ducts referred to in the preceding paragraph which
 21.07 F of the Common Customs Tariff, of butter                       are not listed in the Annex to this Regulation.
 at a reduced price under a standing invitation to
 tender ;
                                                                                                Article 2
Whereas, according to Article 28 of Commission                         This Regulation shall enter into force on 1 September
 Regulation (EEC) No 1519/72 (7 ) of 14 July 1972                      1973 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 August 1973 .
                                                                                 For the Commission
                                                                                    P.J. LARDINOIS
                                                                              Member of the Commission
 ( J ) O } No L 151 , 30 . 6. 1968 , p . 3 .
 (*) Oj No L 141 , 28 . 5 . 1973 , p . 23 .
 ( s)  OJ  No L 91 , 25 . 4 . 1970, p . 28 .
 (<)   OJ  No L 53 , 26 . 2 . 1973 , p . 8 .
 (5)   OJ  No L 139 , 17 . 6 . 1972 , p . 18 .
 («)   OJ  No L 230, 18 . 8 . 1973 , p . 14 . ,
 C) Oj No L 162, 18 . 7. 1972, p . 1 .                                 (8) OJ No L 204, 25 . 7. 1973 , p . 12 .
 ---pagebreak--- 4. 9. 73                       Official Journal of the European Communities                                No L 247/ 19
                                                      ANNEX
         to the Commission Regulation of 30 August 1973 fixing the rates of the refunds applicable
         from 1 September 1973 to certain mijk products exported in the form of goods not covered by
                                              Annex II to the Treaty
               CCT                                                                           Rate of the
              heading                              Description of goods                         refund
                No                                                                            u.a ./100 kg
         ex 04.02 A II       Powdered milk, obtained by the spray process, with a
                             fat content of less than 1*5 °/o by weight and with a
                             water content of less than 5 % by weight (PG 2) :
                             a) on exportation of goods of CCT heading No 35.01
                             b) on exportation of other goods                                     16-00
         ex 04.02 A II       Powdered milk, obtained by the spray process, with a
                             fat content of 20°/o by weight ana a water content of
                             less than 5 % by weight (PG 3)                                     49-00
         ex 04.02 A III      Concentrated milk, with a fat content by weight of 7·5 %>
                             and a content by weight in dry matter equal to 25 %
                             (PG 4)                                                              14-38
         ex 04.03            Butter, with a fat content by weight of 82 % (PG 6) :
                             a) On exportation of goods of CCT heading No 19.08 or
                                 of subheadings 18.06 B and 21.07 C, and 'ice mix' of
                                 CCT subheadings 18.06 D and ex 21.07 F manu­
                                 factured under the conditions laid down in Article 6
                                 of Regulation (EEC) No 1259/72
                             b) On exportation of other goods                                   120-00
          The rate of restitution applicable to skimmed-milk powder exported in the form of the
          products hereinafter listed and which appear in the Annex to Regulation (EEC) No
          804/68 is hereby fixed at nil :
                CCT
              heading                                          Description
                No
          18.06                Chocolate and other food preparations containing cocoa :
                               ex D. Other, in powder or granules (with the exception of pre­
                                      parations for the manufacture of ice-cream, flavoured and/or
                                      coloured), with a lactose content by weight equal to or
                                      exceeding 20 °/o and with a milk fat content by weight less
                                      than 11 °/o, close-wrapped in individual packages, the net
                                      weight of the contents being in excess of 2-5 kg
          21.07                Food preparations not elsewhere specified or included :
                               ex F. Other, in powder or granules (with the exception of pre­
                                      parations for the manufacture of ice-cream flavoured and/or
                                      coloured and improvers for baking) having a lactose content
                                      equal to or exceeding 20 % by weight and a milk fat content
                                      of less than 11% by weight, close-wrapped in individual
                                      packages the net weight of the contents being in excess
                                      of 2-5 kg