Council Regulation (EC) No 776/94 of 29 March 1994 repealing Regulation (EEC) No 3035/80 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the treaty, and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 876/68 laying down general rules for granting export refunds on milk and milk products and criteria for fixing the amount of such refunds

COUNCIL REGULATION (EC) No 776/94 of 29 March 1994 repealing Regulation (EEC) No 3035/80 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty,  and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 876/68 laying down general rules for granting export refunds on milk and milk products and criteria for fixing the amount of such refunds
THE COUNCIL OF THE  EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), and in particular Article 17 (3) thereof, and the corresponding provisions of Council Regulation (EEC) No 2771/75  of 29 October 1975 on the common organization of the market in eggs (2), Council Regulation 1418/76 of 21 June 1976 on the common organization of the market in rice (3) and Council Regulation 1785/81 of 30 June 1981 on the common organization of the  markets in the sugar sector (4),
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 3035/80 (5), lays down general rules for granting export refunds on certain agricultural products exported the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds;  whereas that Regulation is based on the abovementioned Regulations and on Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (6);
Whereas Regulation (EEC) No 2727/75 has been replaced by Regulation (EEC) No 1766/92 (7); whereas that Regulation no longer lays down general rules for its application to be adopted by the Council; whereas, however, the necessary detailed implementing  rules for export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty are adopted in accordance with the Management Committee procedure; whereas it is essential to adopt uniform provisions,  particularly in view of the fact that, generally speaking, the goods concerned contain agricultural products covered by several market organizations which provide for the granting of export refunds including after the incorporation of goods not covered  by Annex II to the Treaty; whereas common implementing rules should therefore be adopted in the form of a single Regulation;
Whereas it is therefore necessary to repeal Regulation (EEC) No 3035/80 on the date of entry into force of this new Regulation;
Whereas Regulation (EEC) No 804/68 moreover provides in Article 17 (3) thereof, by contrast with the other Regulations which serve as a legal basis for Regulation (EEC) No 3035/80, that it is for the Council, acting in accordance with the voting  procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, to adopt general rules for inter alia, the advance fixing of refunds; whereas Regulation (EEC) No 876/68 (8), laid down in respect of milk and milk products general  rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds; whereas that Regulation provides for the laying down of  arrangements for the advance fixing of the refund; whereas, however, that Regulation applies only to milk products exported in the natural state; whereas certain provisions of that Regulation concerning the advance fixing of refunds should therefore  also be made applicable in the case of exports of milk products in the form of goods referred to in the Annex to Regulation (EEC) No 804/68;
Whereas it is advisable, at the same time, in view of the increased possibilities of importing into the Community milk products subject to a reduced levy, to extend the provisions of Articles 6 and 7 of Regulation (EEC) No 876/68 concerning the  conditions to be met in order to be eligible for refunds so as not to grant an amount of export refunds that is greater than the amount received on import of certain milk products from third countries;
Whereas the sector covered falls within the exclusive competence of the Community,