CELEX: 31985R1273
Language: en
Date: 1985-05-18 00:00:00
Title: Commission Regulation (EEC) No 1273/85 of 16 May 1985 suspending the advance fixing of export refunds on certain milk products

18 . 5. 85                              Official Journal of the European Communities                          No L 131 /9
                                   COMMISSION REGULATION (EEC) No 1273/85
                                                        of 16 May 1985
                 suspending the advance fixing of export refunds on certain milk products
THE COMMISSION OF THE EUROPEAN                                    ments will apply to refunds fixed in advance, up to
COMMUNITIES,                                                      and including the day preceding that on which the
                                                                  Council of Ministers decides on the new prices and
                                                                  measures applicable for the 1985/86 milk year ;
Having regard to the Treaty establishing the European             whereas advance fixing of the refund should be
Economic Community,                                               suspended as from the day on which the Council
                                                                  decides on the new prices and measures applicable for
                                                                  the 1985/86 milk year, to prevent the persons
Having regard to Council Regulation (EEC) No 876/68               concerned from applying for the advance fixing of the
of 28 June 1968 laying down general rules for gran­               refund in order to avoid a negative adjustment ;
ting export refunds on milk and milk products and
criteria for fixing the amount of such refunds ('), as last
amended by Regulation (EEC) No 2429/72 (2), and in
particular the second subparagraph of Article 5 (4)
thereof,
                                                                  Whereas, under Article 10(1 ) of Commission Regula­
Having regard to Council Regulation (EEC) No                      tion (EEC) No 2729/81 of 14 September 1981 laying
3035/80 of 11 November 1980 laying down general                   down special rules implementing the system of import
rules for granting export refunds on certain agricul­             and export licences and the advance fixing of refunds
tural products exported in the form of goods not                  in respect of milk and milk products (*), as last
covered by Annex II to the Treaty, and the criteria for           amended by Regulation (EEC) No 369/85 (*), and
fixing the amount of such refunds (3), as last amended            Article 7 (3) of Commission Regulation (EEC) No
by Regulation (EEC) No 1028/83 (4),                                1760/83 of 29 June 1983 on special detailed rules for
                                                                  the application of the system of advance-fixing certifi­
                                                                  cates for certain agricultural products exported in the
Whereas, pursuant to Article 5 (4) of Regulation (EEC)            form of goods not covered by Annex II to the Treaty
No 876/68 and Article 5 (3) of Regulation (EEC) No                and derogating from Regulation (EEC) No 2730/79
3035/80, the Commission is authorized to suspend                  with regard to payment of refunds on butter (8), as last
advance fixing ;                                                  amended by Regulation (EEC) No 269/85 (9), in cases
                                                                  where the refund is fixed in advance in respect of
                                                                  products falling within heading No 04.03 of the
Whereas the Council of Ministers has decided that the              Common Customs Tariff, certificates are issued on the
intervention price for butter, applicable from the                fifth working day following the day on which the
beginning of the 1985/86 milk year, will be lower than            application is lodged, in so far as special measures are
that for 1984/85 and that the intervention price for              not taken in the intervening period ; whereas, in view
skimmed-milk powder will be raised ; whereas, accor­              of the purpose of that measure, the suspension may be
dingly, advance-fixed refunds fixed prior to the begin­           limited to applications for advance-fixing certificates
ning of the new milk year in the case of milk products            submitted on or after the Council's decision, without
should be adjusted negatively in respect of their                 affecting applications lodged before that date ;
milkfat content and positively in respect of their
non-fat content, provided the said products are manu­
factured and exported during the 1985/86 milk year ;
whereas the adjustments will be positive or negative,
depending on the product's composition ;
Whereas, in accordance with Commission communi­                   Whereas the measures provided for in this Regulation
cation 85/C 27/03 of 29 January 1985 (5), the adjust               are in accordance with the opinion of the Management
                                                                   Committee for Milk and Milk Products,
(') OJ  No  L  155, 3. 7. 1968, p. 1 .
0   OJ  No  L  264, 23. 11 . 1972, p. 1 .                         O   OJ  No  L 272, 26. 9. 1981 , p. 19.
0   OJ  No  L  323, 29. 11 . 1980, p. 27.                         o   OJ  No  L 44, 14. 2. 1985, p. 11 .
0   OJ  No  L  116, 27. 4. 1983, p. 9.                            o   OJ  No  L 172, 30. 6. 1983, p. 20.
 0  OJ  No  C  27, 29 . 1 . 1985, p. 6.                           0   OJ  No  L 28, 1 . 2. 1985, p. 41 .
 ---pagebreak--- No L 131 / 10                     Official Journal of the European Communities                            18 . 5. 85
HAS ADOPTED THIS REGULATION :                               fixing of the refund in respect of products falling
                                                            within heading No 04.03 of the Common Customs
                       Article 1                            Tariff which are submitted before 17 May 1985.
The advance fixing of export refunds for products
specified in the Annex to this Regulation, to be
exported without further processing or in the form of                              Article 3
goods covered by the Annex to Regulation (EEC) No
804/68, is hereby suspended from 17 up to and
including 26 May 1985.                                      This Regulation shall enter into force on the day of its
                                                            publication in the Official Journal of the European
                       Article 2                            Communities.
However, the suspension referred to in Article 1 shall
not apply to applications for certificates with advance     It shall apply with effect from 17 May 1985.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 16 May 1985.
                                                                     For the Commission
                                                                      Frans ANDRIESSEN
                                                                         Vice-President
 ---pagebreak--- 18 . 5. 85                       Official Journal of the European Communities                           No L 131 / 11
                                                        ANNEX
                        Products falling within Common Customs Tariff subheadings (')
                            04.01 B                              04.02 A  III b) 2
                            04.02 A  II a) 4 (ee)                04.02  B II b) 1 (cc)
                            04.02 A  II a) 4 (ff)                04.02  B II b) 1 (dd)
                            04.02 A  II b) 4 (dd)                04.02  B II b) 1 (ee)
                            04.02 A  II b) 4 (ee)                04.02 B II b) 2
                           04.02  A  II b) 4 (ff)                04.03
                            04.02 A  III b) 1 (aa) (44)          04.04 E I b) 2 (dd) (55)
                            04.02 A  III b) 1 (aa) (55)          04.04 E I c) 1 (bb) (22)
                            04.02 A  III b) 1 (aa) (66)          04.04 E I c) 2 (bb) (22)
           (') See the Annexes to the Regulations fixing the export refunds for milk and milk products.