****

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

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 155 , 3 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 264 , 23 . 11 . 1972 , P . 1 .

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

( 6 ) OJ NO L 342 , 17 . 12 . 1980 , P . 28 .

COMMISSION REGULATION ( EEC ) NO 3293/80

OF 18 DECEMBER 1980

AMENDING REGULATION ( EEC ) NO 2044/75 FOR THE 20TH TIME IN CONNECTION WITH THE PAYMENT OF THE REFUND FOR BUTTER AND BUTTEROIL

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 1761/78 ( 2 ), AND IN PARTICULAR ARTICLES 13 ( 3 ) AND 17 ( 4 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 876/68 OF 28 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON MILK AND MILK PRODUCTS AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2429/72 ( 4 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 6 ( 2 ) AND ARTICLE 6 ( 3 ) THEREOF ,

WHEREAS ARTICLE 5 ( 6 ) AND ( 7 ) OF COMMISSION REGULATION ( EEC ) NO 2044/75 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3265/80 ( 6 ), SPECIFIES THAT THE DESTINATION MUST APPEAR ON EVERY EXPORT LICENCE AND CERTIFICATE FOR BUTTER AND BUTTEROIL AND THAT IN ORDER TO ENSURE THAT THE BUTTER OR BUTTEROIL REACHES THIS DESTINATION , PAYMENT OF PART OF THE REFUND IS TO BE MADE ONLY WHEN EVIDENCE IS PRESENTED THAT THE BUTTER OR BUTTEROIL HAS REACHED THE DESTINATION ;

WHEREAS THIS RULE ON PAYMENT OF THE REFUND CAN ONLY BE APPLIED IN CASES WHERE THE SAME AMOUNT IS FIXED FOR ALL DESTINATIONS ; WHEREAS IT IS NECESSARY HOWEVER TO FIX NO REFUND FOR BUTTER OR BUTTEROIL EXPORTED TO ZONE C 2 ; WHEREAS IN THESE CIRCUMSTANCES APPLICATION OF ARTICLE 5 ( 7 ) OF REGULATION ( EEC ) NO 2044/75 MUST BE SUSPENDED FOR BUTTER OR BUTTEROIL EXPORTED AFTER THIS REGULATION HAS ENTERED INTO FORCE ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING PARAGRAPH 8 IS ADDED TO ARTICLE 5 OF REGULATION ( EEC ) NO 2044/75 :

' 8 . THE PROVISIONS OF PARAGRAPH 7 SHALL NOT APPLY :

( A ) TO PRODUCTS IN RESPECT OF WHICH THE CUSTOMS FORMALITIES FOR EXPORT FROM THE COMMUNITY ARE COMPLETED AS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION ;

( B ) TO PRODUCTS PLACED UNDER THE ARRANGEMENTS REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 565/80 AS FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION . '

ARTICLE 2

WHERE , FOR THE PRODUCTS REFERRED TO IN ARTICLE 5 ( 8 ) OF REGULATION ( EEC ) NO 2044/75 , AN EXPORT CERTIFICATE COMPRISING AN ADVANCE FIXING OF THE REFUND , HAS BEEN DELIVERED WITHIN THE MEANING OF ARTICLE 4 ( 2 ) BEFORE ENTRY INTO FORCE OF THE PRESENT REGULATION , THE PARTY CONCERNED MAY ON WRITTEN REQUEST , WHICH MUST REACH THE COMPETENT AUTHORITY WITHIN A PERIOD OF 30 DAYS FOLLOWING THE ENTRY INTO FORCE OF THIS REGULATION , OBTAIN CANCELLATION OF THE CERTIFICATE , THE SECURITY BEING RELEASED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 19 DECEMBER 1980 .

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

DONE AT BRUSSELS , 18 DECEMBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT