CELEX: 31973R0868
Language: en
Date: 1973-03-31 00:00:00
Title: Regulation (EEC) No 868/73 of the Commission of 30 March 1973 fixing the rates of the refunds applicable from 1 April 1973 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31 . 3 . 73                             Official Journal of the European Communities                             No L 85/57
                               REGULATION (EEC) No 868/73 OF THE COMMISSION
                                                       of 30 March 1973
               fixing the rates of the refunds applicable from 1 April 1973 to certain milk products
                            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) annexed to the Treaty (3) on
the Accession of new Member States to (the European                 (c) the need to ensure equality of competition for the
Economic Community and the European Atomic                             industries which use Community products and
Energy Community, signed at Brussels on 22 January                     those which use third-country praduots under
1972, and in particular the second subparagraph of                      inward processing arrangements ;
Article 17 (4) thereof ;
Whereas Article 17 ( 1 ) of Regulation (EEC) No
804/68 provides that the difference between prices in              Whereas Article 4 (3 ) of Regulation (EEC) No
international trade for the produots listed in Article             2682/72 provides that, when the rate of the refund is
1 (<a), (b), (c) and (e) of that Regulation and prices             being fixed1, account should be taken, where neces­
within the Community may be covered by an export                   sary, of production refunds, aids or other measures
refund ; whereas Council Regulation (EEC) No 2682/
                                                                   having equivalent effect applicable in all Member
72 (4) of 12 December 1972 laying down general
                                                                   States in accordance with the Regulation on the com­
rules for granting export refunds on certain agricul­              mon organization of the market in (the product in
tural products exported in the form of goods not                   question to the basic products listed in Annex A to
covered by Annex II to the Treaty, and criteria for                that Regulation or to assimilated products ;
fixing the amount of such refunds, specifies the pro­
duots 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) Net
                                                                   804/68 provides for the payment of aid for Commu­
                                                                  nity-produced skimmed milk processed into casein, if
Whereas, in accordance with the first subparagraph                such milk and the casein manufactured from it fulfil
of Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the            certain conditions set out in Article 1 of Council
/ate of the refund per 100 kg for each of the basic                Regulation (EEC) No 987/68 (5) of 15 July 1968 lay­
products in question must be fixed for each month ;               ing down general rules for granting aid for skimmed
                                                                  milk processed into casein or caseinates ; whereas,
                                                                  pursuant to Article 1 (2) (b) of Regulation (EEC) No
Whereas, in accordance with paragraph 2 of that                   2682/72, skimmed milk thus defined is assimilated
Article, that rate must be determined with particular             to milk powder complying with the definition of the
reference to :
(*) OJ   No  L 148, 28. 6. 1968, p. 13.
(2) OJ   No  L 73, 27. 3 . 1972, p. 14.
(8) OJ   No  L 73, 27. 3 . 1972, p. 5.
(4) OJ   No  L 289, 27. 12. 1972, p. 13.                           (5) OJ No L 169, 18 . 7. 1968 , p. 6.
 ---pagebreak---    No L 85/58                             Official Journal of the European Communities                             31 . 3 . 73
  pilot product Group No 2 listed in Annex I to Coun­                concerning selling butter at a reduced price for the
   cil Regulation (EEC) No 823/68 (*) of 28 June 1968               purpose of exporting certain mixtures of fats, no
   determining the groups of products and the special               export refund can be granted for the butter incor­
 provisions for calculating levies on milk and milk                  porated in the products referred to in Article 19 of
  products, as last amended by Regulation (EEC) No                   that Regulation ;
  2687/72 (2) ; whereas a rate of refund should be fixed
  for this milk.powder ;                                            Whereas the measures provided for in this Regula­
                                                                    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 2814/71 (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                             April 1973 to the basic products appearing in
  1259/72 (5) of 16 June 1972 on the disposal of but­               Annex A to Regulation (EEC) No 2682/72 and listed
 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 2161 /72 (6), authorizes the delivery, to                tion (EEC) No 804/68 , are hereby fixed as shown- in
 industries manufacturing the goods falling within                 the Annex to this Regulation .
  heading No 19.08 or of subheadings 18.06 B, 21.07 C
  and 'ice mix' or of subheadings 18.06 D and ex                   2. No rates of refund are fixed for any of the pro­
  21.07 F of the Common Customs Tariff, of butter                  ducts referred to in the preceding paragraph which
 at a reduced price under a standing invitation to                 are not listed in the Annex to this Regulation .
 tender ;
           I
                                                                                           Article 2
 Whereas, according to Article 28 of Commission                    This Regulation shall enter into force on 1 April
 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 March 1973 .
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                         Member of the Commission
(*)   OJ No  L  151 , 30. 6. 1968, p. 3 .
(*)   OJ No  L 289, 27. 12. 1972, p. 39.
(8)   OJ No  L 91 , 25 . 4. 1970, p. 28.
(«)   OJ No  L 284, 28. 12. 1971 , p . 20.
(5) OJ No L 139, 17. 6. 1972, p. 18 .
(•) OJ No L 231 , 11 . 10. 1972 , p. 12 .
H OJ No L 162, 18.7. 1972, p. 1 .
 ---pagebreak--- 31 . 3 . 73                     Official Journal of the European Communities                           No L 85/5.9
                                                      ANNEX
            to the Commission Regulation of 30 March 1973 fixing the rates of the refunds applicable
            from 1 April 1973 to certain milk products exported in the form of goods not covered by­
                                               Annex II to the Treaty
                 CCT                                                                     Rate of the
                heading                            Description of goods                   restitution
                  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 % 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                               12-00
            ex 04.02 A II     Powdered milk, obtained by the spray process, with a
                              fat content of 26% by weight and a water content of
                              less than 5 %> by weight (PG 3)                               43-00
            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 °/o
                              ( PG 4)                                                        13-00
            ex 04.03          Butter, with a fat content by weight of 82 °/o (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