CELEX: 31972R0676
Language: en
Date: 1972-03-29 00:00:00
Title: Regulation (EEC) No 676/72 of the Commission of 29 March 1972 laying down a special condition for payment of the refund on butter exported to destinations other than zone E

274                                   Official Journal of the European Communities
No L 79/ 84                           Official Journal of the European Communities                                 1.4.72
                                 REGULATION (EEC) No 676/72 OF THE COMMISSION
                                                     of 29 March 1972
              laying down a special condition for payment of the refund on butter exported to
                                               destinations other than zone E
THE    COMMISSION         OF      THE EUROPEAN       COM­         exported to zone E are fixed at a rate lower than
MUNITIES,                                                         those laid down for exports to other destinations ;
                                                                  whereas, consequently, when the refund on butter for
                                                                  export to destinations other than zone E is fixed, it is
Having regard to the Treaty establishing the                      specified that that refund applies only to products
European Economic Community;                                      which are for consumption at these other
                                                                  destinations ; whereas the rules for payment of the
Having regard to Council Regulation (EEC) No                      refund should therefore stipulate, in the case referred
804/681 of 27 June 1968 on the common organization                to above, that payment is conditional upon the
of the market in milk and milk products, as last                  production of proof that the product in question has
amended by Regulation (EEC) No 1410/71,2 and in                   been unloaded and put into free circulation;
particular Article 17 (4) thereof;
                                                                  Whereas, if these measures are to be applied,
Having regard to Council Regulation (EEC) No                      Commission Regulation (EEC) No 1368/697 of 17
S76/683 of 28 June 1968 laying down general rules                 July 1969 on special provisions relating to the lowest
for granting export refunds on milk and milk                      rate of the refund on butter exported to third
products and criteria for fixing the amount of such               countries should be repealed, since that Regulation
refunds, as amended by Regulation (EEC) No                        provides that the refund fixed for butter exported to
2732/71,4 and in particular Article 6 (3 ) thereof;               zone E would not be taken into consideration in
                                                                  determining the lowest rate of the refund within the
Whereas Article 4 ( 1 ) of Commission Regulation No               meaning of Article 8 (2) of Regulation (EEC) No
1041 /67/EEC5 of 21 December 1967 on detailed rules               1041 /67/EEC ;
for the application of export refunds on products
subject to a single price system, as last amended by              Whereas Commission Regulation (EEC) No 1005/71®
Regulation (EEC) No 325/71,6 makes provision                      of 14 May 1971 laying down a special condition of
whereby in certain cases, by reason of differences                payment of the refund on butter exported to zone E
between the rate of the refund and that of the levy,              no longer serves any useful purpose in the present
or by reason of the nature of the exported products               market situation and may consequently be repealed;
or of export markets, proof may be required, as an
additional condition for payment of the refund, that              Whereas the Management Committee for Milk and
the product in question has been imported into a                  Milk Products has not delivered an opinion within
third country;                                                    the time limit set by its Chairman;
Whereas prices are at a higher level on the British
butter market than on the market in that product in               HAS ADOPTED THIS REGULATION :
other third countries; whereas, in order to take
account of that fact, refunds on Community butter
                                                                                          Article 1
1 OJ No L 148, 28.6.1968, p. 13 .                                 1 . If a refund on butter for export to a destination
2 OJ No L 148 , 3.7.1971 , p. 3 .                                 other than zone E is fixed at a higher rate than that
3 OJ No L 155, 3.7.1968, p. 1 .
4 OJ No L 282, 23.12.1971, p. 21 .
5 OJ  No 314, 23.12.1967, p. 9.                                   7 OJ No L 177, 18.7.1969, p. 4.
6 OJ  No L 38, 16.2.1971, p. 16.                                  8 OJ No L 109, 15.5.1971, p. 20.
 ---pagebreak---                                      Official Journal of the European Communities                                275
laid down for butter exported to zone E, the refund                 if, however, in cases of export to State-trading
applicable to that other destination shall be paid,                 countries, such a document or a copy thereof
without prejudice to the application of Article 8 (2)               cannot be produced, the competent national
of Regulation No 1041 /67/EEC, only on production                   services may accept any other appropriate
of proof that the butter has been discharged and put                document as proof.
on the market at a destination other than zone E.
                                                                                       Article 2
2.     Proof shall be provided :
( a) as regards unloading, by production of a                   Regulations (EEC) Nos 1368/69 and 1005/71 are
     document issued in the .country of destination by          hereby repealed.
     the authorities or bodies referred to in Article 8
     ( 1 ) of Regulation No 1041 /67/EEC;                                             Article 3
(b) as regards putting into . free circulation, by
     production of* the customs document issued in              This Regulation shall enter into force on 1 April
     the country of destination or of a copy thereof;           1972 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 29 March 1972.
                                                                                  For the Commission
                                                                                      The President
                                                                                   S. L. MANSHOLT