CELEX: 31974R2472
Language: en
Date: 1974-09-30 00:00:00
Title: Regulation (EEC) No 2472/74 of the Commission of 30 September 1974 laying down special detailed rules for the export of skimmed-milk powder and butter to Canada and Mexico and amending Regulation (EEC) No 2500/73

1 . 10 . 74                               Official Journal of the European Communities                            No L 264/63
                              REGULATION (EEC) No 2472/74 OF THE COMMISSION
                                                      of 30 September 1974
               laying down special detailed rules for the export of skimmed-milk powder and
                  butter to Canada and Mexico and amending Regulation ( EEC) No 2500/73
THE COMMISSION OF THE EUROPEAN                                      amended        by Regulation       (EEC)   No   21 10/74 (s) ;
COMMUNITIES,                                                        whereas, moreover, in the interests of clarity, the third
                                                                    subparagraph of Article 3a (2) of Regulation ( EEC) No
Having regard to the Treaty establishing the Europe'an              2500/73 must be made more explicit ;
Economic Community ;
Having regard to Council Regulation (EEC) No                        Whereas the measures provided for in this Regulation
804/68 (') of 27 June 1968 on the common organiza­                  are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Milk and Milk Products,
tion of the market in milk products, as last amended
by Regulation (EEC) No 662/74 (2), and in particular
Article 1 7 (4) thereof ;
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
876/68 (3 ) of 28 June 1968 laying down general rules
for granting export refunds on milk and milk                                                    Article 1
products and criteria for fixing the amount of such
refunds, as last amended by Regulation ( EEC) No                     In the case of products as specified in the Annex
2429 /72 (4), and in particular Article 6 (3) thereof ;              hereto exported to Canada or Mexico, payment of a
                                                                     refund shall be subject to production of :
Whereas, by reason of the situation on the United
States market and to avoid deflection of trade via adja­            (a) proof that the product in question has been put
cent countries, the rate of export refund has been set                     into free circulation in Canada or Mexico ; such
so as to limit the possibility of exporting skimmed­                       proof shall be furnished as provided in Article
milk powder and butter to those countries ;                                8(1 ) of Regulation No 1041 / 67/ EEC ;
                                                                    (b) a certificate issued by the Canadian Dairy Commis­
Whereas, if it is possible to ensure that the milk
                                                                           sion or by the Campania national dc snbsistcn­
powder, and butter exported to such adjacent countries
                                                                           cias populates (Conasupo) stating that the product
will in fact be used for human consumption in those                        will not be re-exported .
countries and will not be re-exported, it is in the
Community interest to enable those products to be
exported to such destinations on normal terms ;                                                  Article 2
whereas in the case of imports into Canada and
Mexico such assurances exist, in the form of certifi­                1.      Notwithstanding Article I of Regulation ( EEC)
cates issued by government agencies of those two                     No 2500 / 73 , refunds in circumstances within Article
countries, respectively the Canadian Dairy Commis­                    1 may be fixed in advance .
sion and the Campania national dc snbsistencias
popn /arcs (Conasupo) ; whereas payment of the refund                2.      Section 13 of the application for an export
must in such cases be subject to the special conditions              licence and of the export licence itself shall contain
already laid down in respect of advance fixing in                    particulars of the country of destination . The issue of
Annex II to Commission Regulation (EEC) No                           such licence shall carry with it the obligation to
2500/73 (5 ) of 1 3 September 1 973 on the advance                   export to that country .
fixing of refunds and the period of validity of export
licences for milk and milk products, as last amended                 3.      The provisions of Regulation ( EEC) No 2500/ 73
by Regulation ( EEC) No 2171 /74 (6) ;                               shall apply as regards the period of validity of the
                                                                     export of the export licence .
Whereas these special provisions must be brought
into line with the new provisions of Commission
                                                                                                 Article 3
Regulation No 1041 /67/ EEC ( 7) of 21 December 1967
on detailed rules for the application of export refunds
on products subject to a single price system , as last               Regulation ( EEC) No 2500/ 73 is amended as follows :
                                                                       I. The third subparagraph of Article 3a ( 2) is replaced
  ') OJ  No L 148 , 28 . 6. 1968 , p. 13 .                                by the following :
 -)  OJ  No L 85 , 29 . 3 . 1974, p. 51 .
 3)  OJ  No L 115 , 3 . 7 . 1968 , p. 1 .                                 'Subject to the provisions of Article 18 of Regula­
 4)  OJ  No L 264, 23 . 11.1 972, p. 1 .                                  tion ( EEC) No      1 373/ 70 , each licence mav be
 5)  OJ  No L 258 , 14. 9 . 1973 , p. 1 .
 ')  OJ  No L 229 , 20 . 8 . 1974, p. 9 .
 7)  OJ  No 314, 23 . 12. 1967, p. 9 .                               (s ) OJ No L 220 , 10 . 8 . 1974, p. I.
 ---pagebreak--- No L 264/ 64                           Official Journal of the European Communities                                   1 . 10 . 74
    extended in respect of one contract and one                                for certain destinations, then , subject to the
    country of destination only.'                                              provisions of Article 2 of Regulation (EEC) No
2. The following note is added at the foot of Annex                            2472/74, the issue of such licence shall carry
    I :                                                                        with it an obligation to export, to a destination
    'In the case of certain products exported to Canada                        other than as specified in Annex I.'
    and Mexico, special provisions are laid down in
                                                                                                Article 4
    Article 2 of Regulation (EEC) No 2472/74.'
3 . Footnote (') to Annex II is replaced by the                       This Regulation shall enter into force on 1 October
    following :                                                       1974.
    '(') See Article 2(3). However, where an export                   Article 1 shall apply to operations in respect of which
         licence is issued for a product in respect of                customs export formalities are completed on or after 1
         which advance fixing is by Annex I excluded                  October 1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 September 1974.
                                                                                  For the Commission
                                                                                      The President
                                                                                Francois-Xavier ORTOLI
                                                             ANNEX
                                              List of products referred to in Article 1
                        CCT heading No                                   Description of product
                  04.02 A II b) 1
              ex 04.02 A II b ) 2                       With a fat content not exceeding 11 °/o by weight
                  04.02 B I b ) 2 aa )
              ex 04.02 B I b ) 2 bb )                   With a fat content not exceeding 11 υ/ο by weight
                  04.03