CELEX: 31974R2188
Language: en
Date: 1974-08-21 00:00:00
Title: Regulation (EEC) No 2188/74 of the Commission of 21 August 1974 concerning the application of the lowest rate of refund on exports of milk products

22. 8 . 74                              Official Journal of the European Communities                           No L 231 / 11
                             REGULATION (EEC) No 2188/74 OF THE COMMISSION
                                                      of 21 August 1974
              concerning the application of the lowest rate of refund on exports of milk
                                                            products
THE COMMISSION OF THE EUROPEAN                                     Regulation (EEC) No 343/74 (10), provides that where
COMMUNITIES,                                                       the . compensatory amount is higher than the lowest
                                                                   export refund applicable to the product in question,
Having regard to the Treaty establishing the European              or where no refund is fixed for such product, payment
Economic Community ;                                               of the refund is to be conditional inter alia on proof
                                                                   being furnished that the import formalities have been
Having regard to Council Regulation (EEC) No                       completed in the Member State of destination ;
804/68 (^ of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last             Whereas, for milk products, the lowest rate of refund
amended by Regulation (EEC) No 662/74 (2), and in                  within the meaning of the abovementioned provisions
particular Article 17 (4) thereof ;                                is at present determined by the fact that no refund is
                                                                   fixed for exports to the United States . (Zone E) ;
Having regard to Council Regulation (EEC) No                      whereas in these circumstances application of the
876/68 (3) of 28 June 1968 laying down general rules               abovementioned rules would hinder normal trade ;
for granting export refunds on milk and milk                       whereas exceptions should therefore be made to these
                                                                   rules where such a situation exists and measures intro­
products and criteria for fixing the amount of such
refunds, as last amended by Regulation (EEC) No                    duced in the United States guarantee that products in
2429/72 (4), and in particular Article 6 (2) thereof ;             respect of which a refund has been granted for export
                                                                   to other destinations are not exported to Zone E ;
                                                                   whereas once this condition ceases to be fulfilled in
Whereas, where the export refund is varied according
to destination, Article 8 (2) of Commission Regulation             respect of any product the exception must be discon­
No 1041 /67/EEC (5) of 21 December 1967 on detailed                tinued in respect of that product ;
rules for the application of export refunds on products
subject to a single price system, as last amended by               Whereas the measures provided for in this Regulation
Regulation (EEC) No 21 10/74 (6), provides that a part             are in accordance with the Opinion of the Manage­
of the refund calculated on the basis of the lowest rate
                                                                   ment Committee for Milk and Milk Products,
of refund applicable on the date on which the
customs export formalities are completed is to be paid
as soon as proof is furnished that the product has left            HAS ADOPTED THIS REGULATION :
the geographical territory of the Community ;
                                                                                            Article 1
Whereas, under Article 2 of Council Regulation (EEC)
No 441 /69 (7) of 4 March 1969 laying down additional              1 . The fact that no refund is fixed for the products
general rules for granting export refunds on products              shown in Annex I when exported to Zone E shall not
subject to a single price system, exported unprocessed             be taken into account :
or ^n the form of certain goods not covered by Annex
II to the Treaty, as last amended by Regulation (EEC)              — for the purpose of determining the lowest rate of
No 1 181 /72 (8), the part of the refund corresponding                  refund as referred to in Article 8 (2) of Regulation
to the lowest rate may be paid as soon as the product                   No 1041 / 67/ EEC ;
is placed under control as specified in that Regula­               — for the purposes of Article 5 (2) of Regulation
tion ;                                                                  (EEC) No 269/73 .
Whereas Article 5 (2) of Commission Regulation                     2.     The fact that no refund is fixed for the products
(EEC) No 269/73 (9) of 31 January 1973 laying down                 shown in Annex II when exported to Zone E shall
detailed rules for the application of the system of                not be taken into account for the purposes of the l^st
accession compensatory amounts, as last amended by                 subparagraph of Article 2 (4) of Regulation (EEC) No
                                                                   441 / 69 .
C)  OJ  No L 148 , 28 . 6 . 1968 , p. 13 .
(2) OJ  No L 85, 29. 3. 1974, p. 51 .
(3) OJ  No L 155, 3 . 7. 1968 , p. 1 .                                                      Article 2
(4) OJ  No L 264, 23 . 11 . 1972, p. 1 .
(5) OJ  No 314, 23 . 12. 1967, p. 9.                              This Regulation shall enter into force on 22 August
(b) OJ  No L 22Q, 10 . 8 . 1974, p. 1 .                            1974 .
(7) OJ No L 59, 10. 3 . 1969, p. 3 .
(8) OJ No L 130, 7. 6. 1972, p. 15.
(9) OJ No L 30, 1 . 2. 1973, p. 73.                               ( 10) OJ No L 40, 12. 2. 1974, p. 4.
 ---pagebreak--- No L 231 / 12                  Official Journal of the European Communities                        22. 8 . 74
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 21 August 1974.
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI
 ---pagebreak--- 22. 8 . 74                         Official Journal of the European Communities                     No L 231 / 13
                                                         ANNEX 1
                                        List of products referred to in Article 1 (1 )
                  CCT heading No                                    Description of product
              04.01
           ex 04.02 A II a) 2                  Of a fat content, by weight, exceeding 11 % but not
                                               exceeding 27%
              04.02 A II a) 3
              04.02 A II a) 4
           ex 04.02 A II b ) 2                  Of a fat content, by weight, exceeding 11 % but not
                                               exceeding 27%
              04.02 A II b) 3
              04.02 A II b) 4
              04.02 A III
           ex 04.02 B I b ) 1 bb )             Of a fat content, by weight, exceeding 11 % but not
                                               exceeding 27%
              04.02 B I b) 1 cc)
           ex 04.02 B I b) 2 bb)               Of a fat content, by weight, exceeding 11 % but not
                                               exceeding 27%
              04.02 B I b) 2 cc)
              04.02 B II
              23.07 B I a) 3
              23.07 B I a) 4
              23.07 B II
                                                        ANNEX 1J
                                       List of products referred to in Article 1 (2)
                  CCT heading No                                   Description of product
           ex 04.02 A II a ) 2                 Of a fat content, by weight, exceeding 11% but not
                                               exceeding 27%
              04.02 A II a) 3
              04.02 A II a) 4
           ex 04.02 B I b) 1 bb )              Of a fat content, by weight, exceeding 11 % but not
                                               exceeding 27%
              04.02 B I b ) 1 cc)