CELEX: 31976R0518
Language: en
Date: 1976-03-08 00:00:00
Title: Commission Regulation (EEC) No 518/76 of 8 March 1976 concerning the application of the lowest rate of refund on exports of milk products and repealing Regulation (EEC) No 2188/74

9. 3 . 76                               Official Journal of the European Communities                               No L 61 /7
                                     COMMISSION REGULATION (EEC) No 518/76
                                                        of 8 March 1976
               concerning the application of the lowest rate of refund on exports of milk
                                  products and repealing Regulation (EEC) No 2188/74
 THE COMMISSION OF THE EUROPEAN                                     the lowest rate may be paid as soon as the product is
 COMMUNITIES,                                                       placed under control as specified in that Regulation ;
 Having regard to the Treaty establishing the European              Whereas Article 5 (2) of Commission Regulation
 Economic Community,                                                (EEC) No 269/73 of 31 January 1973 laying down
                                                                    detailed rules for the application of the system of
                                                                    accession compensatory amounts (9), as last amended
                                                                    by Regulation (EEC) No 121 /75 (10), provides that
 Having regard to Council Regulation (EEC) No                       where the compensatory amount is higher than the
 804/68 of 27 June 1968 on the common organization                  lowest export refund applicable to the product in ques­
 of the market in milk and milk products ( x), as last              tion, or where no refund is fixed for such product,
 amended by Regulation (EEC) No 740/75 (2), and in                  payment of the refund is to be conditional inter alia
 particular Article 17 (4) thereof,                                 on proof being furnished that the import formalities
                                                                    have been completed in the Member State of destina­
                                                                    tion ;
 Having regard to Council Regulation (EEC) No
 876/68 of 28 June 1968 laying down general rules for
 granting export refunds on milk and milk products                  Whereas, for certain milk products, the lowest rate of
 and criteria for fixing the amount of such refunds (3),            refund within the meaning of the above provisions is
 as last amended by Regulation (EEC) No 2429/72 (4),                at present determined by the fact that no refund is
 and in particular Article 6 (2) thereof,                           fixed for exports to the United States (Zone E) ;
                                                                    whereas, in these circumstances, in order to prevent
                                                                    the application of the above rules hindering normal
                                                                    trade, Commission Regulation (EEC) No 2188/74 of
Whereas, where the export refund varies according to                21 August 1974 concerning the application of the
 destination, Article 11 (2) of Commission Regulation               lowest rate of refund on exports of milk products (n),
(EEC) No 192/75 of 17 January 1975 laying down                      as amended by Regulation (EEC) No 489/75 (12),
 detailed rules for the application of export refunds in            provides for exceptions to be made to these rules
 respect of agricultural products (5), as last amended by          where such a situation exists and measures introduced
 Regulation (EEC) No 2818/75 (6), provides that a part              in the United States guarantee that products in respect
 of the refund calculated on the basis of the lowest rate           of which a refund has been granted for export to other
 of refund applicable on the date on which the                      destinations are not exported to Zone E ; whereas
 customs export formalities are completed is to be paid            experience acquired has shown that all the products
on proof being furnished that the product has left the              listed in Annex I to Regulation (EEC) No 2188/74
geographical territory of the Community ;                          should fall within this exception as regards the applica­
                                                                    tion of Articles 2 (4) and 3 ( 1 ) of Regulation (EEC) No
                                                                   441 /69 ;
Whereas, under Article 2 of Council Regulation (EEC)
 No 441 /69 of 4 March 1969 laying down additional
rules for granting export refunds on products subject              Whereas, in the interests of clarity, Regulation (EEC)
to a single price system, exported unprocessed or in                No 2188/74 should be repealed and replaced by a
                                                                   new text :
the form of certain goods not covered by Annex II to
the Treaty (7), as last amended by Regulation (EEC)
No 337/76 (8), the part of the refund corresponding to
                                                                   Whereas the measures provided for in this Regulation
(') OJ  No  L 148 , 28 . 6. 1968 , p. 13 .                         are in accordance with the opinion of the Manage­
(2) OJ  No  L 74, 22. 3. 1975, p. 1 .                              ment Committee for Milk and Milk Products,
P)  OJ  No  L 155, 3 . 7. 1968 , p. 1 .
(4) OJ  No  L 264, 23 . 11 . 1972, p. 1 .
(*) OJ  No  L 25, 31 . 1 . 1975, p. 1 .                            f) OJ No L 30, 1 . 2. 1973, p. 73.
(6) OJ  No  L 280, 31 . 10 . 1975, p. 31 .                         H OJ No L 13, 18 . 1 . 1975, p. 23 .
(7) OJ  No  L 59, 10. 3 . 1969, p. 3 .                             (") OJ No L 231 , 22. 8 . 1974, p. 11 .
(8) OJ  No  L 42, 18 . 2. 1976, p. 12.                             ( 12) OJ No L 53, 28 . 2. 1975, p. 30 .
 ---pagebreak--- No L 61 /8                         Official Journal of the European Communities                                        9 . 3 . 76
HAS ADOPTED THIS REGULATION :                                      — for the purposes of the last subparagraph of Article
                                                                       2 (4) and for the purposes of Article 3 ( 1 ) of Regula­
                        Article 1                                      tion (EEC) No 441 /69.
The fact that no refund is fixed for the products listed                                   Article 2
in the Annex when exported to Zone E shall not be
taken into account :                                               Regulation (EEC) No 2188/74 is hereby repealed.
— for the purpose of determining the lowest rate of                                        Article 3
    refund as referred to in Article 1 1 (2) of Regulation
    (EEC) No 192/75,                                               This Regulation shall enter into force on the day
— for the purposes of Article 5 (2) of Regulation                  following its publication in the Official Journal of
    (EEC) No 269/73,                                                the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 8 March 1976.
                                                                              For the Commission
                                                                                P. J. LARDINOIS
                                                                         Member of the Commission
                                                          ' ANNEX
                                          List of products specified in Article 1
                                                      CCT heading No
                                                      04.01
                                                      04.02
                                                      04.03
                                                      23.07 B I a) 3
                                                      23.07 B I a) 4
                                                      23.07 B II