CELEX: 31989R3463
Language: en
Date: 1989-11-17 00:00:00
Title: Commission Regulation (EEC) No 3463/89 of 17 November 1989 amending Regulation (EEC) No 756/70 on grating aid for skimmed-milk processed into casein and caseinates

No L 334/26                               Official Journal of the European Communities                                  18 . 11 . 89
                                      COMMISSION REGULATION (EEC) No 3463/89
                                                      of 17 November 1989
                  amending Regulation (EEC) No 756/70 on grating aid for skimmed milk
                                             processed into casein and caseinates
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to the Treaty establishing the European                Committee for Milk and Milk Products,
Economic Community*
Having regard to Council Regulation (EEC) No 804/68 of               HAS ADOPTED THIS REGULATION :
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by
Regulation (EEC) No 763/89 (2), and in particular Article
                                                                                                 Article 1
11 (3) thereof,
                                                                     Regulation (EEC) No 756/70 is hereby amended as
Whereas Article 2 (4) of Council Regulation (EEC) No                 follows :
987/68 of 15 July 1968 laying down general rules fro
granting aid for skimmed milk processed into casein or               1 . the following is added to the fourth subparagraph of
caseinates (3), as last amended by Regulation (EEC) No                   Article 4 (6) :
3554/88 (4), provides that the aid granted my be limited to
certain uses of casein and caseinates where the market                   '— casein and caseinates which, by the addition of
situation so requires ; whereas, pursuant to that provision,                   chemical     substances   on    manufacture,     have
Commission Regulation (EEC) No 756/70 (*), as last                             become unusable for the manufacture of products
amended by Regulation (EEC) No 3129/89 (6), lays down                          falling within Chapter 4 of the combined
the cases and the conditions in which the aid may be                           nomenclature although they comply with the
granted ;                                                                      requirements as to composition laid down in the
                                                                               Annexes shall be treated in the same way as end
Whereas the addition of certain chemical substances to
                                                                               products.' ;
skimmed milk or raw casein on the manufacture of casein
or caseinates is compatible with the requirements as to              2. the following Article 4b is inserted :
composition laid down in the Annexes to Regulation                        'Article 4b
(EEC) No 756/70 and also permits any use in the
manufacture of foodstuffs to be rules out ; whereas it                    1 . Where products are dispatched to a second
should accordingly be stipulated that such denaturing                    Member State in accordance with theprovisions of
constitutes utilization in accordance with Article 4 (6) of              Article 4a, the first customs office of destination shall
that Regulation ;                                                        act as customs office of departure and, on application
                                                                         by the parties concerned, shall issue or have issued
Whereas Article 4a of that Regulation provides that where                under its responsibility one or more T 5 control copies.
a check on the use of casein and caseinates is carried out,
the dispatch of the products to a Member State other than                The new T 5 control copy or copies shall be issued in
that of production is to be effected under cover of the T 5              respect of products declared :
document ; whereas from the outset that document                         either
permits two specific uses or destinations, namely export
to third countries or utilization within Community                       (a) as redispatched to another Member State for
territory ; whereas, on import into the Member State of                       incorporation ; or
destination or utilization, it is possible to stipulate one or           (b) as exported to a third country.
both . of the destinations or utilizations mentioned ;
whereas provision should accordingly be made for the                     The T 5 control copy or copies shall be completed
laying down the destination or utilization selected by the               taking account of the information appearing on the
importer in the T5 document issued by the customs                        original document. The number and date of issue of
office of departure, the new T5 document in that case                     the original document and the customs office which
being issued at the customs office of destination and                     issued it shall be entered in section 106 of the new T 5
under its responsibility ;                                               control copy or copies.
(') OJ  No  L  148, 28 . 6. 1968, p. 13.                                  2.    Where the particulars to be noted in the section
(*) OJ  No  L  84, 29. 3. 1989, p. 1 .                                    headed 'Control as to use and/or destination' of the
0   OJ  No  L  169, 18. 7. 1968, p. 6.                                   T 5 control copy depends on information from T 5
(4) OJ  No  L  311 , 17. 11 . 1988, p. 6.
¥) OJ No L 91 , 25. 4. 1970, p. 28.                                       control copies received from customs authorities of
0 OJ No L 301 , 19. 10. 1989, p. 19.                                     other Member States or national documents received
 ---pagebreak--- 18. 11 . 89                         Official Journal of the European Communities                           No L 334/27
   by other national authorities, the customs office of           another    Member     State  shall contain   the    same
   destination referred to in paragraph 1 shall enter the         particulars as those laid down in paragraphs 1 , 2 and 3
   number of numbers of the T 5 control copies or of the          regarding the completion of the T5 control copies.'
   national documents concerned under 'Remarks'.
   3. Where only part of the products mentioned in
   the T 5 control copy has satisfied the conditions laid                                Article 2
   down, the customs office of destination shall indicate
   the quantity of products which has satisfied those          This Regulation shall enter into force on the day of its
   conditions and the date of processing in the section        publication in the Official Journal of the European
   headed 'Control as to use and/or destination' of the        Communities.
   T 5 control copy.
   4. The national documents which must be issued by           On application by the parties concerned, it shall apply to
   a Member State to accompany products coming from            casein and caseinates manufactured from 1 March 1989.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 17 November 1989 .
                                                                        For the Commission
                                                                          Ray MAC SHARRY
                                                                    Member of the Commission