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COMMISSION REGULATION ( EEC ) NO 445/77

OF 2 MARCH 1977

SUPPLEMENTING REGULATION ( EEC ) NO 2044/75 AS REGARDS THE ADVANCE FIXING OF THE REFUND FOR BUTTER

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC 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 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 559/76 ( 2 ) , AND IN PARTICULAR ARTICLES 13 ( 3 ) AND 17 ( 4 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2044/75 OF 25 JULY 1975 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND THE ADVANCE FIXING OF REFUNDS IN RESPECT OF MILK AND MILK PRODUCTS ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2053/76 ( 4 ) , PROVIDES FOR THE REFUND INTER ALIA FOR EXPORTS OF BUTTER TO BE FIXED IN ADVANCE ON DEMAND ; WHEREAS , IN SUCH CASES , THE EXPORT FROM THE COMMUNITY IS CONDITIONAL UPON THE PRESENTATION OF AN EXPORT LICENCE ISSUED IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 5 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 3093/76 ( 6 ) ;

WHEREAS EXPERIENCE OF FIXING IN ADVANCE THE REFUND FOR BUTTER SHOWS THAT EXPORT LICENCES APPLIED FOR IN RESPECT OF THIS PRODUCT SHOULD NOT BE ISSUED UNTIL AFTER A DELAY OF THREE DAYS SO THAT THE MARKET SITUATION MAY BE ASSESSED AND , IF NECESSARY , THE APPROPRIATE MEASURES MAY BE TAKEN WITH REGARD TO THE APPLICATIONS IN QUESTION ; WHEREAS REGULATION ( EEC ) NO 2044/75 MUST THEREFORE BE SUPPLEMENTED ACCORDINGLY ;

WHEREAS THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THERE IS HEREBY ADDED TO ARTICLE 3 OF REGULATION ( EEC ) NO 2044/75 THE FOLLOWING PARAGRAPH :

" 3 . EXPORT LICENCES FOR BUTTER FALLING WITHIN SUBHEADING 04.03 A OF THE COMMON CUSTOMS TARIFF SHALL BE ISSUED ON THE THIRD WORKING DAY FOLLOWING THAT ON WHICH THE APPLICATION IS LODGED , UNLESS PARTICULAR MEASURES ARE TAKEN DURING THE SAID PERIOD . "

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 3 MARCH 1977 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 2 MARCH 1977 .

FOR THE COMMISSION

THE PRESIDENT

ROY JENKINS

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 9 .

( 3 ) OJ NO L 213 , 11 . 8 . 1975 , P . 15 .

( 4 ) OJ NO L 228 , 20 . 8 . 1976 , P . 15 .

( 5 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 6 ) OJ NO L 348 , 18 . 12 . 1976 , P . 19 .