CELEX: 31974R0246
Language: en
Date: 1974-01-31 00:00:00
Title: Regulation (EEC) No 246/74 of the Commission of 29 January 1974 fixing the rates of the refunds applicable from 1 February 1974 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 27/20                              Official Journal of the European Communities                                31 . 1 . 74
                                 REGULATION (EEC) No 246/74 OF THE COMMISSION
                                                       of 29 January 1974
               fixing the rates of the refunds applicable from 1 February 1974 to certain milk pro­
                       ducts exported in the form of goods not covered by Annex II to the Treaty
 THE COMMISSION OF THE EUROPEAN                                     ( a ) the average costs incurred by processing indus­
 COMMUNITIES,                                                             tries in obtaining supplies of the basic products in
                                                                           question on the Community market and the
                                                                           prices ruling on the world markets ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;
                                                                    (b) the level of the refunds on exports of processed
                                                                         agricultural products covered by Annex II to the
Having regard to Council Regulation ( EEC) No 804/                       Treaty which are manufactured under similar con­
68 (*) of 27 June 1968 on the common organization                        ditions ;
 of the market in milk and milk products, as last
 amended by the Act (2), hereinafter referred to as
 'the Act', annexed to the Treaty (3 ) on the Acces­                 (c) the need to ensure equality of competition for the
 sion of the new Member States to the European                           industries which use Community products and
Economic Community and the European Atomic                               those which use third-country products under
Energy Community, signed at Brussels on 22 January                        inward processing arrangements ;
 1972, and in particular the second subparagraph of
 Article 17 (4) thereof ;
Whereas Article 17 ( 1 ) of Regulation (EEC) No                    Whereas Article 4 (3 ) of Regulation (EEC) No
804/68 provides that the difference between prices in              2682/72 provides that, when the rate of the refund is
international trade for the products listed in Article             being fixed, account should be taken, where neces­
1 (a), (b), ( c) and (e) of that Regulation and prices             sary, of production refunds, aids or other measures
within the Community may be covered by an export                   having equivalent effect applicable in all Member
refund ; whereas Council Regulation (EEC ) No 2682/                States in accordance with the Regulation on the com­
72 (4) of 12 December 1972 laying down general                     mon organization of the market in the product in
rules for granting export refunds on certain agricul­              question to the basic products listed in Annex A to
tural products exported in the form of goods not                   that Regulation or to assimilated products ;
covered by Annex II to the Treaty, and criteria for
fixing the amount of such refunds, specifies the pro­
ducts for which a rate of refund should be fixed, to
be applied where these products are exported in the
form of goods listed in the Annex to Regulation
(EEC) No 804/68 ;                                                  Whereas Article 11 ( 1 ) of Regulation (EEC) No
                                                                   804/68 provides for the payment of aid for Commu­
                                                                    nity-produced skimmed milk processed into casein if
                                                                    such milk and the casein manufactured from it fulfil
Whereas, in accordance with the first subparagraph                  certain conditions set out in Article 1 of Council
of Article 4 ( 1 ) of Regulation (EEC ) No 2682/72, the
                                                                     Regulation (EEC) No 987/68 (5) of 15 July 1968 lay­
 rate of the refund per 100 kg for each of the basic                ing down general rules for granting aid for skimmed
products in question must be fixed for each month ;
                                                                    milk processed into casein or caseinates as last
                                                                     amended by the Act ; whereas, pursuant to Article 1
                                                                     (2) (b) of Regulation (EEC) No 2682/72, skimmed
Whereas, in accordance with paragraph 2 of that                      milk thus defined is assimilated to milk powder
Article, that rate must be determined with particular
reference to :           -
 (*) OJ No   L 148, 28 . 6. 1968, p. 13.
 (*) OJ  No  L 73, 27. 3. 1972, p. 14.
 (•) OJ No   L 73, 27. 3 . 1972, p. 5 .
 (4) OJ  No  L 289, 27. 12. 1972, p. 13,                             (5) OJ No L 169, 18 . 7. 1968 , p. 6.
 ---pagebreak---  31 . 1 . 74                               Official Journal of the European Communities                          No L 27/21
 complying with thfc definition of the pilot product                   concerning selling butter at a reduced price for the
 Group No 2 listed in Annex I to Council Regulation                   purpose of exporting certain mixtures of fats, as last
 (EEC) No 823 /68 ( 1 ) of 28 June 1968 determining                    amended by Regulation (EEC) No 2904/73 (8), no
the groups of products and the special provisions for                 export refund can be granted for the butter incor­
 calculating levies on milk and milk products, as last                 porated in the products referred to in Article 19 of
 amended by Regulation (EEC ) No 1354/73 (2 ) ;                        that Regulation ;
 whereas a rate of refund should be fixed for this
                                                                     Whereas the measures provided for in this Regula­
 milk powder ;
                                                                      tion are in accordance with the Opinion of the Man­
                                                                      agement Committee for Milk and Milk Products,
Whereas Article 2 of Commission Regulation (EEC)
 No 756/70 (3) of 24 April 1970 on granting aid for
skimmed milk processed into casein or caseinates, as                   HAS ADOPTED THIS REGULATION :
 last amended by Regulation (EEC) No 2940/73 (4 ),
fixes the aid per 100 kg of skimmed milk processed                                             Article 1
into casein or caseinates according to type ;
                                                                       1 . The rates of the refunds applicable from 1
Whereas Commission Regulation                       (EEC) No
                                                                      February 1974 to the basic products appearing in
 1259/72 (5) of 16 June 1972 on the disposal of but­                  Annex A to Regulation (EEC) No 2682/72 and listed
ter at a reduced price to certain Community process­                  in Article 1 of Regulation (EEC) No 804/68, exported
                                                                     in the form of goods listed in the Annex to Regula­
 ing undertakings, as last amended by Regulation
                                                                     tion (EEC) No 804/68 , are hereby fixed as shown in
 (EEC) No 2248/73 ( 6) authorizes the delivery, to
 industries manufacturing the goods falling within                    the Annex to this Regulation.
 heading No 19.08 or of subheadings 18.06 B, 21.07 C                 2. No rates of refund are fixed for any of the pro­
 and 'ice mix' or of subheadings 18.06 D and ex                       ducts referred to in the preceding paragraph which
 21.07 F of the Common Customs Tariff, of butter                     are not listed in the Annex to this Regulation.
 at a reduced price under a standing invitation to
 tender ;
                                                                                               Article 2
Whereas, according to Article 28 of Commission                       This Regulation ishalM enter into force on 1 February
 Regulation (EEC) No 1519/72 ( 7) of 14 July 1972                      1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 January 1974 .
                                                                               For the Commission
                                                                                 P.J. LARDINOIS
                                                                           Member of the Commission
(>)  OJ  No  L 151 , 30. 6. 1968, p. 3 .
(*)  OJ   No L 141 , 28 . 5 . 1973 , p. 23 ,
(8)  OJ   No L 91 , 25 . 4 . 1970, p. 28 .
(*)  OJ   No L 301 , 30 . 10. 1973 , p. 23 .
 (5) OJ   No L 139 , 17. 6. 1972 , p. 18 .
 (•) OJ   No L 230, 18 . 8 . 1973 , p. 14 .
 (7) OJ   No  L 162 , 18 . 7. 1972, p. 1 .                           ( 8) OJ No L 298 , 26 . 10. 1973 , p . 23 .
 ---pagebreak--- No L 27/22                     Official Journal of the European Communities                           31 . 1 . 74
                                                      ANNEX
           to the Commission Regulation of 29 January 1974 adjusting the rates of the refunds
           applicable from 1 February 1974 to certain milk products exported in the form of goods
                                       not covered by Annex II to the Treaty
                 CCT                                                                    Rate of the
               heading                             Description of goods                    refund
                  No                                                                    u. a. /100 kg
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of less than 1-5 % by weight and with a
                             water content of less than 5 °/o by weight (PG 2) :
                             a) On exportation of goods of CCT heading No 35.01
                             b) On exportation of other goods                               10-00
            ex 04.02 A II    Powdered milk, obtained by the spray process, with a
                             fat content of 20 % by weight and a water content of
                             less than 5 °/o by weight (PG 3)                              40-62
            ex 04.02 A III   Concentrated milk, with a fat content by weight of 7-5 %>
                             and a content by weight in dry matter equal to 25 °/o
                             (PG 4)                                                         11-96
            ex 04.03         Butter, with a fat content by weight of 82 °/o (PG 6) :
                              a) On exportation of goods of CCT heading No 19.08 or
                                 of subheadings 18.06 B and 21.07 C, and 'ice mix' of
                                 CCT subheadings 18.06 D and ex 21.07 F manu­
                                 factured under the conditions laid down in Article 6
                                 of Regulation (EEC) No 1259/72
                             b) On exportation of other goods                            100-00