CELEX: 31973R3533
Language: en
Date: 1973-12-29 00:00:00
Title: Regulation (EEC) No 3533/73 of the Commission of 28 December 1973 fixing the rates of the refunds applicable from 1 January 1974 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 360 /60                              Official Journal of the European Communities                              29 . 12. 73
                                 REGULATION (EEC) No 3533/73 OF THE COMMISSION
                                                       of 28 December 1973
                fixing the rates of the refunds applicable from 1 January 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 (8) 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
refund ; whereas Council Regulation ( EEC) No 2682/                  having equivalent effect applicable in all Member
72 (4) of 12 December 1972 laying down general                       States in accordance with the Regulation on the com­
rules for granting export refunds on certain agricul­                mon organization of the market in the product in
                                                                     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
products in question must be fixed for each month ;                  ing down general rules for granting aid for skimmed
                                                                     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 :
 (l) 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 .
 (*) OJ  No   L 289, 27. 12 . 1972, p. 13 .                           (5) OJ No L 169, 18 . 7. 1968, p. 6.
 ---pagebreak--- 29 . 12 . 73                            Official Journal of the European Communities                            No L 360/61
complying with the 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 H 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
milk powder ;
                                                                  Whereas the measures provided for in this Regula­
                                                                  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      Commisision         Regulation       (EEC)   No       January 1974 to the basic products appearing in
                                                                   Annex A to Regulation (EEC) No 2682/72 and listed
 1259/72 (5) of 16 June 1972 on the disposal of but­
ter at a reduced prioe to certain Community process­
                                                                   in Article 1 of Regulation ( EEC ) No 804/68, exported
 ing undertakings, as last amended by Regulation                  in the form of goods listed in the Annex to Regula­
 (EEC) No 2248/73 (6) authorizes the delivery, to                 tion (EEC ) No 804/68 , are hereby fixed as shown in
                                                                  the Annex to this Regulation .
 industries manufacturing the goods falling within
 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 shall enter into force on 1 January
 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, 28 Decemiber 1973 .
                                                                            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 ,
 (•)  OJ No  L 91 , 25. 4. 1970, p. 28 .
 («)  OJ No  1. 301 , 30. 10. 1973 , p. 28 .
 (•)  OJ No  L 139 , 17. 6. 1972, p. 18 .
 (•)  OJ No  L 230, 18 . 8 . 1973, p. 14.
  (T) OJ No   L 162, 18.7. 1972, p. 1 .                            ( 8) OJ No L 298 , 26 . 10 . 1973 , p . 23 .
 ---pagebreak--- No L 360/62                     Official Journal of the European Communities                           29 . 12 . 73
                                                      ANNEX
            to the Commission Regulation of 28 December 1973 adjusting the rates of the ' refunds
            applicable from 1 January 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
           cv  04.02 A II     Powdered milk, obtained by the spray process, with a
                              fat content of less than 1·5 °/o 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 ana a water content of
                              less than 5 % by weight (PG 3)                                40-62
           ex  04.02 A III    Concentrated milk, with a fat content by weight of 7-5 °/o
                              and a content by weight in dry matter equal to 25 °/o
                              (PG 4)                                                        10-96
           ex  04.03          Butter, with a fat content by weight of 82 % (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