CELEX: 31974R0717
Language: en
Date: 1974-03-29 00:00:00
Title: Regulation (EEC) No 717/74 of the Commission of 29 March 1974 derogating from Regulation (EEC) No 2500/73 as regards the exportation of skimmed-milk powder to Mexico

1 . 4 . 74                                  Official Journal of the European Communities                              No L 88/23
                                REGULATION (EEC) No 717/74 OF THE COMMISSION
                                                           of 29 March 1974
              derogating from Regulation ( EEC) No 2500/73 as regards the exportation of
                                                  skimmed-milk powder to Mexico
THE COMMISSION OF THE EUROPEAN                                        Whereas the measures provided for in this Regulation
COMMUNITIES,                                                          are in accordance with the Opinion of the Manage­
                                                                       ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last                                             Article 1
amended by Regulation (EEC) No .662/74 (2), and in
particular Articles 13(3) and 17(4) thereof ;
                                                                       By way of derogation from Regulation (EEC) No
                                                                       2500/73, export licences issued within the meaning of
Whereas under Commission Regulation (EEC) No                          Article 8 ( 1 ) of Regulation (EEC) No 1373/70 before 8
2500/73 (}) of 13 September 1973 on the advance                       March 1974 in respect of products falling within
fixing of refunds and the period of validity of export                 subheading No 04.02 A II b) 1 of the Common
licences for milk and milk products, as last amended                   Customs Tariff may be used for the exportation . of
by Regulation (EEC) No 3547/73 (4), the advance                       such products to Mexico.
fixing of refunds is excluded in respect of skimmed­
milk powder falling within subheading No 04.02 A II
b) 1 of the Common Customs Tariff exported to Zone                                                A rticle 2
E, Canada, Mexico and Puerto Rico ; whereas a person
who obtains an export licence for the product in ques­                 1.       If an export licence is used as provided in Article
tion must therefore export to a destination other than                 1 , payment of the refund shall be subject to produc­
those as aforesaid ;                                                   tion of :
Whereas that provision was made on account of the                     (a) Proof that the products in question have been
situation on the United States' market and to avoid                         unloaded and put into free circulation in Mexico ;
deflection of trade via adjacent countries ; whereas if it            (b) a certificate issued by the 'Compania Nacional de
is possible to ensure that skimmed-milk powder                              Subsistencias Populares' (CONASUPO) stating
exported to an adjacent country is actually used for                        that the products are intended for human
human consumption in that country and will not be                           consumption in Mexico and that they will not be
re-exported, it is in the Community interest to enable                      re-exported .
exports to be made to such destinations on normal
terms ; whereas in the case of imports into Mexico for                 2.       The proof required under paragraph 1 (a) shall
which a certificate is issued by the Mexican govern­                   be furnished :
ment agency, ' Compania Nacional de Subsistencias
Populares' ( CONASUPO), that condition is , satisfied ;                (a) as regards unloading, by production of a document
                                                                            issued in Mexico by the authorities or services as
                                                                            referred to in Article 8(1 ) of Regulation No 1041 /
Whereas at present, however, no refund is fixed for                         67/ EEC ;
the skimmed-milk powder in question ; whereas, to
avoid altering this situation , provision should be made               (b) as regards the putting into free circulation , by
for export licences which have already been issued for                      production of the relevant customs document
the product in question in connection with the                              made out in Mexico, or of a copy or photocopy of
advance fixing of refunds to be used , in derogation                        such document certified by the competent authori­
from Regulation ( EEC) No 2500/73 , for exportation to                      ties .
Mexico ; whereas payment of the refund must in such
cases be subject to special conditions ;
                                                                                                  Artiile 3
(')  OJ  No L 148 , 28 . 6 . 1968 , p . 13 .
(2 j OJ  No L 8 5 , 29 . 3 . 1974, p . 51 .
P)   OJ  No L 258 , 14 . 9 . 1973 , p . 1 .                            This Regulation shall enter into force on I April
(*)  OJ  No L 361 , 29 . 12 . 1973 , p . 32 .                           1 974 .
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No L 88 /24                    Official Journal of the European Communities                        1 . 4. 74
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 29 March 1974 .
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI