CELEX: 31974R2171
Language: en
Date: 1974-08-19 00:00:00
Title: Regulation (EEC) No 2171/74 of the Commission of 19 August 1974 amending Regulation (EEC) No 2500/73 on the advance fixing of refunds and the period of validity of export licences for milk and milk products

20 . 8 . 74                                Official Journal of the European Communities                          No L 229 / 9
                              REGULATION ( EEC) No 2171 /74 OF THE COMMISSION
                                                         of 19 August 1974
              amending Regulation ( EEC) No 2500/73 on the advance fixing of refunds and
                      the period of validity of< export licences for milk and milk products
THE COMMISSION OF THE EUROPEAN                                        for the products in question in connection with^an
COMMUNITIES,                                                          advance fixing of a refund to be used also for exports
                                                                      to Canada or Mexico ; whereas, payment of the refund
                                                                      must in such cases be subject to special conditions ;
Having regard to the Treaty establishing the European
Economic Community ;                                                  Whereas Article 3a of Regulation ( EEC) No 2500/73
                                                                      provides that the period of validity of export licences
                                                                      for certain milk products may be extended if the
Having regard to Council Regulation (EEC) No                          trader is bound by contract to export over a period
804/68 (') of 27 June 1968 on the common organiza­                    extending beyond the expiry of the period of validity
tion of the market in milk and milk products, as last                 of his licence ; whereas if the specific object of this
amended by Regulation (EEC) No 662/74 (2), and in                     provision is to be achieved it will be necessary to
particular Articles 13(3) and 17(4) thereof ;                         prohibit any transfer of an extended licence to
                                                                      another exporter and thus to amend Article 3a accord­
                                                                      ingly ; whereas, moreover, all products falling within
                                                                      subheading 04.03 B of the Common Customs Tariff
Whereas under Commission Regulation (EEC) No                          should be included in the list of products in respect of
2500/73 (3 ) of 13 September 1973 on the advance                      which the period of validity of export licences may be
fixing of refunds and the period of validity of export                extended ;
licences for milk and milk products, as last amended
by Regulation ( EEC) No 1 984/74 (4 ), the advance
fixing of refunds is excluded in respect of exportation               Whereas the measures provided for in this Regulation
to Zone E , Canada , Mexico and Puerto Rico of milk                   are in accordance with the Opinion of the Manage­
powder with a fat content not exceeding 11 % by                       ment Committee for milk and milk products,
weight, and of butter ; whereas a person who obtains
an export licence for the products in question must,
therefore, export to a destination other than those
mentioned above ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas these measures have been taken having
 regard to the situation on the United States market
and in order to avoid deflection of trade via adjacent
                                                                                              Artiilc 1
countries ; whereas, if it is possible to ensure that the
 milk powder and butter exported to such adjacent
countries will in fact be used for human consumption                  The following paragraph is added to Article 3a of
 in that country and will not be re-exported, it is in the            Regulation ( EEC) No 2500 / 73 :
 Community interest to enable exports to be made to
such destinations on normal terms ; whereas in the
case of imports into Canada and Mexico such guaran­                       '4 .  An export licence extended under this
                                                                          Article shall not be transferable under Article 3 of
tees exist, in the form of certificates issued by, respec­
tively,   the  Canadian        governmental        agency, 'The           Regulation ( EEC) No 1373 / 70 .'
Canadian Dairy Commission ', and the Mexican
governmental agency, ' Cotnpania nacional de subsis­
tencias populares' (Conasupo) ;
                                                                                              Article 2
Whereas Regulation ( EEC) No 2500 / 73 should there­                  The following is added to footnote (') to Annex II to
fore be amended so as to enable export licences issued                Regulation ( EEC) No 2500/ 73 :
(')  OJ  No L 148 , 28 . 6 . 1968 , p. 13 .
(2 ) OJ  No L 85, 29 . 3 . 1974, p. 51 .                              'This provision shall not apply to export licences
(3 ) OJ  No L 258 , 14 . 9 . 1973 , p. 1 .                            issued in respect of the following products and permit­
(■») O)  No L 207, 29 . 7 . 1974, p. 26 .                             ting exportation to Canada or Mexico :
 ---pagebreak--- No L 229 / 10                       Official Journal of the European Communities                                20 . 8 . 74
                                                                The proof required under (a) shall be furnished :
         CCT heading No              Description of product
                                                                — as regards unloading, by production of a document
                                                                   issued in Canada or Mexico by authorities or
                                                                   services as referred to in Article 8(1 ) of Regulation
     04.02 A II ( b ) 1                                            No 1041 / 67/ EEC ;
  ex 04.02 A II ( b ) 2          Of   a   fat    content    not
                                 exceeding 11 % by weight       — as regards putting into free circulation , by produc­
                                                                   tion of the relevant customs document made out
     04.02 B I ( b ) 2 ( aa )
                                                                   in Canada or Mexico or of a copy or photocopy of
  ex 04.02 B I ( b ) 2 ( bh )    Of   a   fat    content    not
                                                                   such document certified by the competent authori­
                                 exceeding 11 ° /o by weight       ties :
     04.03
                                                                                          Article 3
In such cases, payment of the refund shall be subject           In Annex IV to Regulation ( EEC) No 2500/ 73 :
to the production of :
                                                                — subheading 'ex 04.03 B' is replaced by subheading
(a) proof that the products in question have been                  '04.03 B';
    unloaded and put into free circulation in Canada
    or Mexico ;
                                                                — the description of the product shown against
                                                                   subheading ex 04.03 B is deleted .
(b) a certificate issued by the Canadian Dairy Commis­
    sion or the Compania nacional de subsistencias
    populares (Conasupo) stating that the products are                                    Article 4
    intended for human consumption in Canada or
    Mexico as the case may be and that they will not            This Regulation shall enter into force on 20 August
    be re-exported .                                            1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 19 August 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOL1