CELEX: 51980PC0871
Language: en
Date: 1980-12-15
Title: Proposal for a Council Regulation amending Regulation (EEC) No 804/68 in respect of grant of export refunds by the tender system in the milk and milk products sector

31. 12. 80                         Official Journal of the European Communities                      No C 356/41
              Proposal for a Council Regulation amending Regulation (EEC) No 804/68 in respect of
                 grant of export refunds by the tender system in the milk and milk products sector
                      (Submitted by the Commission to the Council on 30 December 1980)
THE COUNCIL OF THE EUROPEAN                                     The refund fixed shall be granted on request from
COMMUNITIES,                                                    the person concerned. When fixing the refund,
                                                                account shall be taken in particular of the need to
Having regard to the Treaty establishing the                    establish a balance between the use of Community
European Economic Community, and in particular                  basic products for the export to third countries of
Article 43 thereof,                                             processed goods and the use of third country
                                                                products brought in under inward processing
Having regard        to   the    proposal     from   the        arrangements.
Commission,
                                                                The Council, acting by qualified majority vote on a
Having regard to the opinion of the European                    proposal from the Commission, shall adopt the
Parliament,                                                     general rules for granting refunds, fixing their
                                                                amount and advance fixing.
Whereas Article 17 (1) of Council Regulation (EEC)
No 804/68 of 27 June 1968 on the common                         Refunds shall be fixed periodically in accordance
organization of the market in milk and milk pro-                with the procedure laid down in Article 30. Where
ducts ('), as last amended by Regulation (EEC) No               necessary, the Commission may, at the request of a
1761/78 (2), provides that the difference between the           Member State or on its own initiative, alter the
prices in international trade and the prices in the             refunds in the intervening period.
Community can be covered by an export refund;
whereas, pursuant to paragraph 2 of the said Article,           3. When it proves necessary for reasons of
the refund is the same for the whole Community:                 commercial policy, with a view to a better check on
                                                                the quantity of exports qualifying for a refund
Whereas, for reasons of commercial policy, with a               and/or in order to grant only the necessary level of
view to a better check on quantities exported and/or            refund, refunds may be granted by a tender
to reduce expense to the Community, it may prove                procedure.
necessary to fix refunds by a tender system; whereas
Regulation (EEC) No 804/68 should therefore be                  The council, acting by qualified majority vote on a
modified accordingly,                                           proposal from the Commission, shall adopt the
                                                                general rules applicable in cases where grant is
                                                                made by tender procedure.
 HAS ADOPTED THIS REGULATION:
                                                                4. Rules for the application of this Article shall
                                                                be adopted in accordance with the procedure laid
                        Article I                               down in Article 30.'
Paragraphs 2 to 5 of Article 17 of Regulation (EEC)
No 804/68 are hereby replaced as follows:
                                                                                    Article 2
    '2. Without prejudice to the provisions adopted
    by virtue of paragraph 3, the refund shall be the         This Regulation shall enter into force on the third
    same for the whole Community. It may differ               day following that of its publication in the Official
    according to destination.                                 Journal of the European Communities.
 (•) OJ No L 148, 28. 6. 1968, p. 13.                         This Regulation shall be binding in its entirety and
 (2) OJ No L 204, 28. 7. 1979, p. 6.                          directly applicable in alle Member States.