CELEX: 31972R0369
Language: en
Date: 1972-02-22 00:00:00
Title: Regulation (EEC) No 369/72 of the Commission of 22 February 1972 amending Regulation (EEC) No 2637/70 as regards the period of validity of export licences for milk and milk products

100                                Official Journal of the European Communities
23.2.72­                            Official Journal of the European Communities                            No L 47/9
                              REGULATION (EEC) No 369/72 OF THE COMMISSION
                                                  of 22 February 1972
                  amending Regulation (EEC) No 2637/70 as regards the period of validity of export
                                          licences for milk and milk products
THE     COMMISSION      OF     THE  EUROPEAN       COM­        Whereas the measures provided for in this Regulation
MUNITIES,                                                      are in accordance with the Opinion of the
                                                               Management 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 1 of 27 June 1968 on the common organization                                   Article 1
of the market in milk and milk products, as last
amended by Regulation (EEC) No 1410/71 ,2 and in               The following shall be substituted for Article 35 of
particular Articles 13 (3 ) and 17 (4) thereof;                Regulation (EEC) No 2637/70 :
Whereas the currrent market situation makes it                     'Article 35
possible to extend the period of validity of export
licences for certain products ; whereas, in the case of            1 . An import licence shall be valid from its
milk powder, a special period of validity should no                date of issue within the meaning of Article 8 ( 1 )
longer be fixed for a product not put up in small                  of Regulation (EEC) No 1373/70 until the end of
packages for retail sale; whereas Article 35 of                    the second month following that of issue.
 Commission Regulation (EEC) No 2637/703 of 23
 December 1970 on special detailed rules for the                  2. An export licence issued in accordance with
application of the system of import and export                     the provisions of Regulation (EEC) No 2683/70,
 licences and advance fixing certificates for                      with advance fixing of the refund, shall be valid
agricultural products, as last amended by Regulation               from its date of issue within the meaning of
 (EEC) No 161/72,4 should therefore be amended ;                   Article 8 ( 1 ) of Regulation (EEC) No 1373/70
                                                                   until the expiry of the period specified in the list
Whereas it has proved necessary, at the same time, to              annexed to this Regulation .
lay down the detailed rules to be applied when the                 However, in certain cases provision may be made
period of validity differs according to the                        for a special period of validity.
presentation of a product;
                                                                   Where, in the list in the Annex, provision is made
                                                                   for a period of validity of the export licence
Whereas, in the interests of clarity and in view of all            which differs according to the presentation of the
the amendments which have been made, the text of                   product, section 12 "Special remarks" of the
Article 35 of Regulation (EEC) No 2637/70 as it now                export licence shall contain the description of the
stands should be published in its entirety, and the               product given under the corresponding heading in
period of validity of export licences should be fixed              the list. Such licence shall be valid only for a
 in the Annex to this Regulation;                                  product of that description.
                                                                   Where, in the list in the Annex, a compulsory
                                                                   destination is laid down but the export licence for
1 OJ No L 148, 28.6.1968, p. 13 .                                 the product in question does not show the
2 OJ No L 148, 3.7.1971, p. 3.                                     compulsory destination, exportation to a
3 OJ No L 283, 29.12.1970, p. 15.                                  destination     other   than      that compulsory
 4 OJ No L 22, 26.1.1972, p. 10.                                   destination shall be obligatory.
 ---pagebreak---                                     Official Journal of the European Communities                                 101
3 . In the case of an export in connection with                            and 04.02 B I (b) 2 ( aa) of the Common
an invitation to tender opened in an importing                             Customs Tariff;
third country or by the armed forces referred to                      — 12 months following the month of issue
in Article 36 ( 1 ), the export licence shall be valid                     within the meaning of Article 8 ( 1 ) of
from its date of issue within the meaning of                              Regulation (EEC) No 1373/70, as regards
Article 8 ( 1 ) of Regulation (EEC) No 1373/70                             other products listed in Article 1 of
until the date by which any obligations under the                          Regulation (EEC) No 804/68 .'
award of that contract are to be fulfilled .
However, the period of validity of the licence                                         Article 2
may not exceed :
( a) 18 months following the month of issue                    The Annex to this Regulation shall be added to
     within the meaning of Article 8 ( 1 ) of                  Regulation (EEC) No 2637/70.
     Regulation (EEC) No 1373/70, in the case of
     exports within the framework of an invitation
                                                                                       Article 3
     to tender opened by the armed forces in
     accordance with Article 36 ( 1 );
                                                               This Regulation shall enter into force on 24 February
 (b) in other cases :                                          1972 .
     — the period provided for in the list in the
         Annex, as regards exports of products                 However, the period of validity of licences issued
         falling within subheadings Nos 04.02 A II             before the entry into force of this Regulation shall
         ( a ) 1 , 04.02 A II (b ) 1 , 04.02 B I ( b) 1 ( aa ) not be affected by this Regulation.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 22 February 1972.
                                                                                  For the Commission
                                                                                      The President
                                                                                 Franco M. MALFATTI
 ---pagebreak--- 102                         Official Journal of the European. Communities
                                                      ANNEX
                                      List referred to in Article 35 (2)
                      Period of validity of export licences for milk and milk products
                                      CCT
            Period of                                                                  Compulsory
                                     heading      ,             Description of goods
             validity                                                                  destination
                                       No
    (a) 30 days:              ex 04.01 B               In immediate packings of            —
                                                       a net capacity exceeding 500 g
                                 04.02 A II (b)
                             <ex 04.02 A III (b)       In immediate packings of            —
                                                       a net capacity exceeding 500 g
                                                       and of a fat content exceeding
                                                       11% by weight
                                 04.02 B I (b) 2
                             ex 04.02 B II (b)         In immediate packings of            —
                                                       a net capacity exceeding 500 g
                                                       and of a fat content exceeding
                                                       9-5% by weight
                                 04.03
                                 23.07 B I (a) 4                                           —
    (b) 60 days:                 04.02 A II (a) 1
                                 04.02 B I (b) 1 (aa)
                              ex 04.04 E I (b) 1       Cheddar and Chester exported     Zone E
                                                       to Zone E
    (c) until the end of     The other products listed in Article 1 of Regulation
         the third calen­     (EEC) No 804/68
         dar month
         following that
         of issue of the
         licence :