CELEX: 31974R3023
Language: en
Date: 1974-11-30 00:00:00
Title: Regulation (EEC) No 3023/74 of the Commission of 29 November 1974 fixing the rates of the refunds applicable from 1 December 1974 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

30 . 11 . 74                           Official Journal of the European Communities                                No L 321 / 63
                               REGULATION ( EEC) No 3023/74 OF THE COMMISSION
                                                      of 29 November 1974
                  fixing the rates of the refunds applicable from 1 December 1974 to certain milk
                    products exported in the form of goods not covered by Annex II to the Treaty
  THE COMMISSION OF THE EUROPEAN                                   (c) the need to ensure equality of competition for the
  COMMUNITIES,                                                             industries which use Community products and
                                                                           those which use third-country products under
                                                                           inward processing arrangements ;
  Having regard to the Treaty establishing the European
  Economic Community ;
  Having regard to Council Regulation (EEC) No                     Whereas Article 4 (3) of Regulation (EEC) No 2682/72
  804/ 68 (') of 27 June 1968 on the common organiza­               provides that, when the rate of the refund is being
  tion of the market in milk and milk products, as last             fixed, account should be taken , where necessary, of
  amended by Regulation (EEC) No 662/74 (2), and in                 production refunds, aids or other measures having
  particular Article 17 (5) thereof ;                               equivalent effect applicable in all Member States in
                                                                    accordance with the Regulation on the common
                                                                    organization of the market in the product in question
  Whereas Article 17 ( 1 ) of Regulation ( EEC) No 804/68           to the basic products listed in Annex A to that Regula­
  provides that the difference between prices in interna­           tion or to assimilated products ;
  tional trade for the products listed in Article 1 (a), (b),
  (c) and (e) of that Regulation and prices within the
  Community may be covered by an export refund ;
  whereas Council Regulation (EEC) No 2682/72 (3) of                Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
  12 December 1972 laying down general rules for                    provides for the payment of aid for Community-pro­
  granting export refunds on certain agricultural                   duced skimmed milk processed into casein if such
  products exported in the form of goods not covered                milk      and    the    casein     manufactured from it fulfil
  by Annex II to the Treaty, and criteria for fixing the            certain conditions set out in Article 1 of Council Regu­
  amount of such refunds, specifies the products for                lation ( EEC) No 987/68 (4 ) of 15 July 1968 laying
  which a rate of refund should be fixed, to be applied             down general rules for granting aid for skimmed milk
  where these products are exported in the form of                  processed into casein or caseinates as last amended by
x goods listed in the Annex to Regulation ( EEC) No                 the Act of Accession (5) ; whereas, pursuant to Article
  804/ 68 ;
                                                                     1 (2) (b) of Regulation (EEC) No 2682/72, skimmed
                                                                    milk thus defined is assimilated to milk powder
  Whereas, in accordance with the first subparagraph of             complying with the definition of the pilot products
  Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate          Group No 2 listed in Annex I to Council Regulation
  of the refund per 100 kg for each of the basic                    ( EEC) No 823 /68 (b) of 28 June 1968 determining the
  products in question must be fixed for each month ;               groups of products and the special provisions for calcu­
                                                                    lating levies on milk and milk products, as last
                                                                    amended by Regulation ( EEC) No 2518 /74 ( 7) ;
                                                                    whereas a rate of refund should be fixed for this milk
  Whereas, in accordance with paragraph 2 of that
  Article, that rate must be determined with particular             powder ;
  reference to :
  (a) the average costs incurred by processing industries
        in obtaining supplies of the basic products in ques­        Whereas Article 2 of Commission Regulation ( EEC)
        tion on the Community market and the prices                  No 756/70 (s) of 24 April 1970 on granting aid for
        ruling on the world markets ;                               skimmed milk processed into casein or caseinates , as
                                                                    last amended by Regulation ( EEC) No 660/74 (9), fixes
  (b) the level of the refunds on exports of processed              the aid per 100 kg of skimmed milk processed into
        agricultural products covered by Annex II to the            casein or caseinates according to type ;
       Treaty which are manufactured under similar
        conditions ;                                                (4 ) OJ No L 169 , 18 . 7 . 1968 , p. 6
                                                                    ( 5 ) OJ No L 73 , 27 . 3 . 1972 , p. 14
                                                                    (<>)  O") No  L.  151 , 30 . 6 . 1968 , p. 3
  (>) OJ No L 148 , 28 . 6 . 1968 , p. 13 .                         ( 7)  O'j No  L   270 , 5 . 10 . 1974. p. 1
   2 OJ No L 85, 29 . 3 . 1974 , p. 51 .                            ( s)  O'j No  L   91 , 25. 4 . 1970 , p. 28
  (3 ) OJ No L 289 , 27 . 12 . 1972, p . 13 .                         ")  O'l No  I.  80 , 26 . 3 . 1974 , p. 7 .
 ---pagebreak--- No L 321 / 64                                 Official Journal of the European Communities                           30 . 11 . 74
Whereas           Commission           Regulation       (EEC)   No       HAS ADOPTED THIS REGULATION :
1 259/ 7 2 ( 1 ) of 16 June 1972 on the disposal of butter
at a reduced price to certain Community processing
                                                                                                 Article 1
undertakings, as last amended by Regulation (EEC)
No 2273/74 (2), authorizes the delivery, to industries
manufacturing the goods falling within heading No                         1 . Under the provisions of Article 28 of Regulation
19.08 or subheadings 18.06 B, 21.07 C and 'ice mix'                      ( EEC) No 1519 /72 the rates of the refunds applicable
or subheadings 18.06 D and ex 21.07 F of the                             from 1 December 1974 to the basic products
Common Customs Tariff, of butter at a reduced price                      appearing in Annex A to Regulation (EEC) No
under a standing invitation to tender ;                                  2682/72 and listed in Article 1 of Regulation (EEC)
                                                                         No 804/ 68 , exported in the form of goods listed in
Whereas, according to Article 28 of Commission                           the Annex to Regulation ( EEC) No 804/ 68 , are hereby
Regulation ( EEC) No 151 9 /72 (3) of 14 July 1972                       fixed as shown in the Annex to this Regulation .
concerning selling butter at a reduced price for the
purpose of exporting certain mixtures of fats, as last                    2. No rates of refund are fixed for any of the
amended by Regulation ( EEC) No 2904/73 (4), no                           products referred to in the preceding paragraph which
export refund can be granted for the butter incorpor­                     are not listed in the Annex to this Regulation .
ated in the products referred to in Article 1 9 of that
Regulation ;
                                                                                                 Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                         This Regulation shall enter into force on 1 December
ment Committee for Milk and Milk Products ,                                1974 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 29 November 1974 .
                                                                                    For the Commission
                                                                                      P.J. LARDINOIS
                                                                                  Member of the Commission
 (')  0| No      L 139 , 17 . 6 . 1972, p. 18 .
 (2 ) OJ No      L 240 , 3 . 9 . 1974, p. 5 .
 (3 ) OJ No      L 162,  18 . 7 . 1972, p . 1 .
  4)  OJ No      L 298 , 26 . 10 . 1973 , p . 23 .
 ---pagebreak--- 30 . 11 . 74                      Official Journal of the European Communities                             No L 321 / 65
                                                        ANNEX
             to the Commission Regulation of 29 November 1974 fixing the rates of the refunds applicable
             from 1 December 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 % by weight (PG 2) :
                              a ) On exportation of goods of CCT heading No 35.01                  —
                              b ) On exportation of other goods                                   5-00
             cx 04.02 A II    Powdered milk, obtained by the spray process, with a
                              fat content of 26 % by weight and a water content of
                              less than 5 % by weight ( PG 3 )                                  32-25
             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 %
                              ( PG 4 )                                                          10-00
             cx 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
                                  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                                  70-00