CELEX: 31976R0196
Language: en
Date: 1976-01-29
Title: Commission Regulation (EEC) No 196/76 of 29 January 1976 laying down special rules governing the payment of the refund for skimmed-milk powder for use as feed in the country of destination

No L 23/40                               Official Journal of the European Communities                                 30 . 1 . 76
                                     COMMISSION REGULATION (EEC) No 196/76
                                                       of 29 January 1 976
              laying down special rules governing the payment of the refund for skimmed­
                             milk powder for use as feed in the country of destination
THE COMMISSION OF THE EUROPEAN                                     Whereas the Management Committee for Milk and
COMMUNITIES,                                                       Milk Products has not delivered an opinion within the ,
                                                                   time limit set by its Chairman,
Having regard to the Treaty establishing the European
Economic Community,                                                 HAS ADOPTED THIS REGULATION :
                                                                                               Article 1
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                  Where a refund is fixed for skimmed-milk powder
of the market in milk and milk products ( !), as last               falling within subheading 04.02 A II b) 1 of the
amended by Regulation (EEC) No 740/75 (2), and in                   Common Customs Tariff intended for animal feed in
particular Articles 13 (3) and 17 (4) thereof,                      the country of destination, then, if the ^products have
                                                                    not been denatured in accordance with Regulation
Having regard to Council Regulation (EEC) No                       (EEC) No 990/72, such refund shall only be paid in
                                                                   accordance with the additional conditions laid down
876/68 of 28 June 1968 laying down general rules for
                                                                    in this Regulation .
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),                                            Article 2
and in particular Article 6 (3) thereof,                            1.     The refund shall be fixed in advance .
                                                                    2. The exporter shall, when lodging the application
Whereas, in view of the difference in the price of                  for the certificate of advance fixing, produce the
skimmed-milk powder according to its use in interna­                contract of delivery, which shall at least include the
tional trade, provision must be made for varying the                following :
level of the refund thereon according to whether it is
intended for human consumption or for animal feed ;                — the exporters name and address,
whereas, therefore, the payment of the refund when                 — the quantity or quantities of the products to be
the product is intended for animal feed should be                        delivered,
subject to conditions additional to those laid down in             — the selling price,
Commission Regulations (EEC) No 192/75 of 17
                                                                   — the delivery period,
January 1975 laying down detailed rules for the appli­
cation of export refunds in respect of agricultural                — evidence that the product is intended exclusively
                                                                         for animal feed.
products (5) and (EEC) No 193/75 of 17 January 1975
laying down common detailed rules for the applica­                  3 . The application for the cerficiate of advance
tion of the system of import and export licences and                fixing and the certificate itself shall contain :
advance fixing certificates for agricultural products (6) ;
                                                                   — in Section 1 2, one of the following endorsements :
                                                                         valid for skimmed milk powder :
Whereas the application of the special system set up
in this Regulation requires certain derogations from                     — not denatured in accordance with Regulation
Commission Regulation (EEC) No 2044/75 of 25 July                            (EEC) No 990/72, and
 1975 on special detailed rules for the application of                   — intended to be used for animal feed in the
the system of import and export licences and the                             country of destination .
advance fixing of refunds in respect of milk and milk
products (7), as last amended by Regulation (EEC) No               — in Section 13, the name of the country of destina­
3207/75 (8) ;                                                            tion ; the issue of the certificate shall make it oblig­
                                                                         atory to export to that country.
(') OJ No  L  148 , 28 . 6. 1968 , p. 13 .
(2) OJ No  L  74, 22. 3 . 1975, p. 1 .                                                         Article 3
(3) OJ No  L  155, 3 . 7. 1968 , p. 1 .
(4) OJ No  L  264, 23 . 11 . 1972, p. 1 .                           Payment of the refund shall be subject to the produc­
(5) OJ No  L  25, 31 . 1 . 1975, p. 1 .                             tion of a certificate issued by an official organization
(*) OJ No  L  25, 31 . 1 . 1975, p. 10 .
(7) OJ No  L  213, 11 . 8 . 1975, p. 15.                           of the country of destination, specified in a list to be
 8  OJ No  L  318 , 9 . 12. 1975, p. 14.                            established, certifying that the product imported will
 ---pagebreak--- 30. 1 . 76                       Official Journal of the European Communities                          No L 23/41
be subject to a control to ensure that it will be used      valid with effect from its actual day of issue until the
exclusively for animal feed and will not be reexported.     end of the sixth month following that of issue.
                       Article 4                                                   Article 5
By way of derogation from the provisions of Regula­         This Regulation shall enter into force on the third day
tion (EEC) No 2044/75, a certificate of advance fixing      following its publication in the Official Journal of
issued in accordance with this Regulation shall be          the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels, 29 January 1976.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission