CELEX: 31973R0808
Language: en
Date: 1973-03-26 00:00:00
Title: Regulation (EC) No 808/73 of the Commission of 26 March 1973 amending Regulation (EEC) No 1519/72 on the sale by tender of butter at reduced prices for the exportation of certain fat compounds

No L 78/ 10                                 Official Journal of the European Communities                                 27. 3 . 73
                                REGULATION (EEC) No 808/73 OF THE COMMISSION
                                                          of 26 March 1973
               amending Regulation (EEC) No 1519/72 on the sale by tender of butter at reduced
                                        prices for the exportation of certain fat compounds
THE COMMISSION OF THE EUROPEAN                                         'Article 30a
COMMUNITIES,
                                                             •
                                                                        1.        Notwithstanding the second indent of Article 6,
Having regard to the Treaty establishing the European                   and Article 19 , the operations referred to in Article
Economic Community ;                                                    19 (2) need not be carried out if the tenderer under­
                                                                       takes to export the product containing at least 998 °/o
Having regard to Council Regulation (EEC) No 804/                       of butyric fat within three months from the date on
68 (*) of 27 June 1968 on the common organization                      which he took over the butter and to furnish proof
of the market in milk and milk products , as last                       that that product, packaged in accordance, with
amended by the Act ( 2) annexed to the Treaty (3 )                      paragrapah 4 (c), has been unloaded and has been
concerning the Accession of new Member States                           entered for home use in a specified third country.
to the European Economic Community and the
European Atomic Energy Community, signed at
Brussels on 22 January 1972, and in particular                          2.        Proof shall be furnished :
Articles 6 (7) and 28 thereof ;
                                                                        ( a ) of the unloading, by production of a document
Having regard to Council Regulation (EEC ) No                                   issued in the country of destination by the
985/68 (4 ) of 15 July 1968 laying down general                                 authorities or bodies referred to in Article 8 ( 1 )
rules for intervention on the market in butter and                              of Regulation No 1041/67/EEC ;
cream, as last amended by Regulation ( EEC ) No
2714/72 ( 5 ), and in particular Article 7a thereof ;                   ( b ) of the entry for home use by production of a
Whereas experience has shown that the scope of                                  customs document or a copy thereof, drawn up
the application of Commission Regulation (EEC )                                 in the country of destination ; however, where
No 1519/72 ( 6) of 14 July 1972, as last amended by                            such a document, or copy thereof, cannot be
Regulation ( EEC) No 554/73 ( 7 ), may be extended                              furnished because the exportation was to a
by making provision for the export of butter after                              state-trading-country, the competent national
it has been processed into a product, packed in small                           authorities may accept any other appropriate
packages, which contains at least 99·8 % of butyric                             document as proof.
fat, but does not contain the substances referred to
in Article 19 (2) of that Regulation ; whereas it is                    3.        Third countries which should benefit from the
accordingly essential to insist upon proof of the                       application of this Article shall be specified on the
unloading of the product and of its entry for home                      basis of the guarantees offered by them for the
use in a third country which offers the necessary                        purpose .
and pertinent guarantees ;
Whereas the measures provided for by this Regu­                          4. Notwithstanding Articles 7 (2 ) (c), 9, 10, 22,
lation are in accordance with the Opinion of the
Management Committee for Milk and Milk Pro­
                                                                        24 (2) and 25 (2) (c), in cases where paragraph (1 )
 ducts ;
                                                                         applies, the following provisions shall have ef­
                                                                        fect :
 HAS ADOPTED THIS REGULATION :                                            ( a ) the tender shall state that the intended use is
                                                                                that prescribed in this Article and shall designate
                                                                                the country of destination .
                             Article 1
 Regulation (EEC ) No 1519/72 is supplemented by                          (b ) a minimum selling price and a separate amount
the following Article 30a :                                                      as processing and exportation deposit may be
                                                                                fixed in accordance with Articles 9 and 10 in
                                                                                 respect of the intended use.
 (*)  OJ  No  L 148 , 28 . 6. 1968, p. 13 .
 (2)  OJ  No  L 73, 27. 3 . 1972, p. 14.                                 (c) the product referred to in paragraph 1 shall be
 (3)  OJ  No  L 73 , 27. 3 . 1972, p. 5 .                                       exported in metal containers, hermetically
 (*)  OJ  No  L 116, 28 . 5 . 1971 , p. 1 .
 (5)  OJ  No  L 291 , 28 . 12. 1972, p . 15                                     sealed, of a maximum capacity of 2·5 kg which
 (8)  O.T No  L 162, 18 . 7. 1972, p . 1 .                                       in turn shall be placed in cartons capable of
 ( 7) OJ  No  L 54, 27. 2 . 1973 , p . 25 .                                     holding several containers . The cartons and
 ---pagebreak---                                      Official Journal of the European Communities                          No L 78/ 11
27. 3 . 73
    metal containers shall bear a description to be                  forordning (EØF) nr. 1519/ 72 efter forarbejd­
    determined according to which third countries                    ning'.
    may have been approved under paragraph 3 .
                                                                (e) the processing and exportation deposit snail be
(d) Section 104 of the control copy referred to in                   released only for the quantities of the product
    Article 24 (2) shall bear one of the following                   in respect of which the buyer furnishes the
    statements :                                                     proof required under paragraph 2 of their un­
                                                                     loading and entry for home use in the third
    'for export to              (third country indicated             country designated in the tender. Article 25 (2)
    in the tender) pursuant to Article 30a of                         (a) and ( b ) shall apply.'
    Regulation (EEC) No 1519/72 after processing' ;
    'nach Verarbeitung zur Ausfuhr nach                                                    Article 2
      (im Angebot genanntes Drittland) gemäß Artikel
    30a der Verordnung (EWG) Nr. 1519/72 be­                    1 . Upon request of interested parties, under­
    stimmt' ;                                                   takings entered into pursuant to the second indent
     'destiné à l'exportation vers              (pays tiers     of Article 6 of Regulation ( EEC) No 1519/72 in
    indiqué dans l'offre) au titre de l'article 30 bis          respect of individual invitations to tender issued
     du règlement ( CEE) n0 1519/72 après transfor­             before 14 March 1973 shall be adapted to conform
    mation' ;                                                   to Article 1 , if the specified use to be made of the
                                                                butter was in accordance with Article 19 (2) (a)
     'destinato all'esportazione verso              (paese      of Regulation (EEC) No 1519/72 .
    terzo indicato nell'offerta) ai sensi dell'articolo 30
    bis del regolamento (CEE) n. 1519/72 dopo                   2.     Member States shall notify the Commission of
    trasformazione' ;                                           the quantities and destinations in respect of which
                                                                the adaptation has been requested.
    'bestemd voor uitvoer naar                     (het in
    de aanbieding genoemde derde land) krachtens
      artikel 30 bis van Verordening (EEG ) nr. 1519/                                       Article 3
    72 na verwerking' ;
                                                                This Regulation shall enter into force on the day
    'bestemt til udførsel til                (det i budet       following that of its publication in the Official Jour­
    anførte tredjeland) i henhold til artikel 30 a i            nal of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 26 March 1973 .
                                                                           For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI