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

( 2 ) OJ NO L 163 , 22 . 6 . 1983 , P . 74 .

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

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

( 5 ) OJ NO L 132 , 21 . 5 . 1983 , P . 1 .

( 6 ) OJ NO C 307 , 24 . 11 . 1982 , P . 3 ( AMENDED IN OJ NO C 49 , 19 . 2 . 1983 , P . 3 ) .

( 7 ) OJ NO L 323 , 29 . 11 . 1980 , P . 27 .

( 8 ) OJ NO L 116 , 30 . 4 . 1983 , P . 9 .

( 9 ) SEE PAGE 14 OF THIS OFFICIAL JOURNAL .

( 10 ) OJ NO L 338 , 13 . 12 . 1980 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1832/83 OF 30 JUNE 1983 FIXING THE ADJUSTMENTS TO BE MADE TO CERTAIN REFUNDS FIXED IN ADVANCE FOR MILK AND MILK PRODUCTS

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 1600/83 ( 2 ) , AND IN PARTICULAR ARTICLE 17 ( 4 ) THEREOF ,

WHEREAS , UNDER THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 3 ) OF 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 ) , IT IS POSSIBLE FOR REFUNDS FIXED IN ADVANCE TO BE ADJUSTED WHERE THERE IS A CHANGE IN THE INTERVENTION PRICES AND IN CERTAIN FORMS OF AID ;

WHEREAS COUNCIL REGULATION ( EEC ) NO 1205/83 ( 5 ) FIXED THE NEW INTERVENTION PRICES APPLICABLE FOR MILK AND MILK PRODUCTS FOR THE 1983/84 MILK YEAR ;

WHEREAS , ON 24 NOVEMBER 1982 , THE COMMISSION ANNOUNCED ITS INTENTION AT THE BEGINNING OF THE NEW MARKETING YEAR TO BRING REFUNDS FIXED IN ADVANCE INTO LINE WITH THE NEW INTERVENTION PRICES ( 6 ) ;

WHEREAS IT IS NECESSARY , AS ALREADY ANNOUNCED , TO LIMIT OPERATION OF THE ADJUSTMENT TO CASES WHERE THE EXPORT LICENCE WAS APPLIED FOR ON OR BEFORE THE DATE ON WHICH THE COUNCIL SET THE INTERVENTION PRICES FOR THE 1983/84 MILK YEAR ; WHEREAS ACCOUNT MUST ALSO BE TAKEN , ON A STANDARD BASIS , OF THE DATES OF PRODUCTION OF THE DIFFERENT MILK PRODUCTS ;

WHEREAS , UNDER THE THIRD SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 3035/80 ( 7 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1028/83 ( 8 ) , REFUNDS FIXED IN ADVANCE FOR THE PRODUCTS SPECIFIED IN THE ANNEX TO THAT REGULATION ARE ADJUSTED ACCORDING TO THE RULES APPLICABLE TO THE ADVANCE FIXING OF THE REFUND ON BASIC PRODUCTS EXPORTED UNPROCESSED ; WHEREAS IT IS NECESSARY , THEREFORE , TO PROVIDE THAT REFUNDS FIXED IN ADVANCE IN RESPECT OF THE SAID PRODUCTS MAY ALSO BE ADJUSTED ACCORDINGLY ;

WHEREAS THIS REGULATION IS SUPPLEMENTED BY COMMISSION REGULATION ( EEC ) NO 1833/83 OF 30 JUNE 1983 FIXING THE ADJUSTMENTS TO BE MADE TO MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE FOR MILK AND MILK PRODUCTS ( 9 ) ;

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

1 . REFUNDS FIXED IN ADVANCE UNTIL 17 MAY 1983 INCLUSIVE , IN RESPECT OF THE PRODUCTS LISTED IN ANNEX I AND EXPORTED :

( A ) ON OR AFTER 29 MAY 1983 IN THE CASE OF :

- PRODUCTS FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF , WITH THE EXCEPTION OF UHT OR STERILIZED MILK , AND UHT OR STERILIZED CREAM ,

- COTTAGE CHEESE OR CREAM CHEESE FALLING WITHIN SUBHEADING 04.04 E I C ) OF THE COMMON CUSTOMS TARIFF ;

( B ) ON OR AFTER 3 JULY 1983 IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING 04.04 D OF THE COMMON CUSTOMS TARIFF ;

( C ) ON OR AFTER 12 JUNE 1983 IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADINGS :

04.02 A II A ) 2 ,

04.02 A II A ) 3 ,

04.02 A II A ) 4 ,

04.02 A II B ) 2 ,

04.02 A II B ) 3 ,

04.02 A II B ) 4 ,

04.02 B I B ) 1 BB ) ,

04.02 B I B ) 1 CC ) ,

04.02 B I B ) 2 BB ) ,

04.02 B I B ) 2 CC ) ,

OF THE COMMON CUSTOMS TARIFF ;

( D ) ON OR AFTER 21 AUGUST 1983 IN THE CASE OF UHT OR STERILIZED MILK , UHT OR STERILIZED CREAM AND OTHER PRODUCTS , WITH THE EXCEPTION OF CHEESE EXPORTED TO THE UNITED STATES AND CANADA ;

SHALL , AT THE REQUEST OF THE PARTIES CONCERNED , BE ADJUSTED BY THE AMOUNTS FIXED IN ANNEX I .

2 . HOWEVER , FOR THE PRODUCTS REFERRED TO IN PARAGRAPH 1 ( C ) AND ( D ) , THE ADJUSTMENT SHALL BE MADE FOR GOODS EXPORTED ON OR AFTER 29 MAY 1983 IF EVIDENCE IS PRODUCED THAT THE PRODUCT WAS MADE AFTER 22 MAY 1983 . FURTHERMORE , IN THE CASE OF PRODUCTS FALLING WITHIN SUBHEADING 04.03 B OR EX 23.07 B OF THE COMMON CUSTOMS TARIFF , NO ADJUSTMENT SHALL BE MADE FOR GOODS EXPORTED ON OR AFTER 29 MAY 1983 UNLESS EVIDENCE IS PRODUCED THAT THE BUTTER USED AS A RAW MATERIAL FOR THE MANUFACTURE OF PRODUCTS FALLING WITHIN SUBHEADING 04.03 B OR THE SKIMMED-MILK POWDER INCORPORATED IN THE PRODUCTS FALLING WITHIN SUBHEADING EX 23.07 B WAS MANUFACTURED AFTER 22 MAY 1983 .

3 . FOR THE MILK PRODUCTS REFERRED TO IN ANNEX II , THE ADJUSTMENTS OF REFUNDS FIXED IN ADVANCE UNTIL 17 MAY 1983 INCLUSIVE SHALL BE MADE IN ACCORDANCE WITH THE SAME CONDITIONS AS THOSE APPLYING TO PRODUCTS EXPORTED IN AN UNPROCESSED STATE , REFERRED TO IN PARAGRAPHS 1 AND 2 .

ARTICLE 2

1 . MEMBER STATES SHALL MAKE THE NECESSARY ARRANGEMENTS , INCLUDING THE APPROPRIATE SUPERVISION MEASURES , CONCERNING THE SUPPORTING DOCUMENTS WHICH MAY BE USED AS THE EVIDENCE REFERRED TO IN ARTICLE 1 ( 2 ) .

2 . THE DAY TO BE TAKEN INTO ACCOUNT FOR DETERMINING :

- THE DATE OF THE ADVANCE FIXING SHALL BE THE DAY ON WHICH THE APPLICATION FOR THE EXPORT LICENCE WAS LODGED , WITHIN THE MEANING OF ARTICLE 14 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 3183/80 ( 10 ) ,

- THE DATE OF EXPORT SHALL BE THE DAY ON WHICH THE CUSTOMS FORMALITIES REFERRED TO IN ARTICLE 22 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 3183/80 ARE COMPLETED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 30 JUNE 1983 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION

ANNEXES : SEE OJ NO L 182 OF 6 . 7 . 1983 .