No L 272/16 Official Journal of the European Communities 13. 10. 84 COMMISSION REGULATION (EEC) No 2881/84 of 12 October 1984 amending Regulation (EEC) No 896/84 laying down additional provisions concerning the grant of export refunds on milk and milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Communtity, 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 ('), as last amended by Regulation (EEC) No 1557/84 (%), and in particular Article 17 (4) thereof, Having regard to Council Regulation (EEC) No 876/68 of 28 June 1968 laying down general rules for grant- ing export refunds on milk and milk products and criteria for fixing the amount of such refunds (%), as last amended by Regulation (EEC) No 2429/72 (%), and in particular Article 6 (3) thereof, Whereas, pursuant to Commission Regulation (EEC) No 896/84 (*), as amended by Regulation (EEC) No 1161/84 (%), two refund amounts may, at the beginning of a new milk year, be tixed for the same product and destination in order to take the price levels before and after the beginning of the new milk year into account ; whereas the granting of the higher refund is condi- tional on the production of evidence that the product was produced during the period in which the higher of the two prices obtained ; Whereas the two refund amounts may be cancelled one after another in the course of a new milk year; whereas in cases where the refund was fixed in advance by the operator at a time when two refund amounts were applicable, the requirement whereby he should produce the evidence referred to above should, where such evidence relates to the fact that the goods were produced during the new milk year, be waived as from the replacement of the two refund amounts by a single amount ; Whereas Article 1 of Regulation (EEC) No 896/84 should be redrafted to make its meaning clearer; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Commuittee tor Milk and Milk Products, 148, 28. 6. 1968, p. 13. 150, 6. 6. 1984, p. 6. 155, 3. 7. 1968, p. 1. 264, 23, 11. 1972, p. 1. 91, 1. 4. 1984, p. 71. 112, 28. 4. 1984, p. 12. e o e e e e Z o] ol ol ol anlll anll o HAS ADOPTED THIS REGULATION : Article 1 Article 1 of Regulation (EEC) No 896/84 is hereby replaced by the following : ‘Article 1 1. Where, at the beginning of a new milk year, two refund amounts are fixed for the same product and destination, the granting of the higher refund is conditional : — 1in cases where the intervention prices applic- able as from the beginning of the new milk year have a positive effect on market prices for the product, on the production of evidence that the product exported was produced in the new milk year, — in cases where the interventon prices applic- able as from the beginning of the new milk year have a negative effect on market prices for the product, on the production of evidence that the product exported was produced before the beginning of the new milk year. 2. The evidence referred to in the first indent of paragraph 1 need not be produced, in the case of an operator who applied for an export licence with advance fixing of the refund, where the customs export formalities referred to in Article 22 (1) (b) of Commission Regulation (EEC) No 3183/80 (') are completed on or after the day on which the two refund amounts are replaced by a single amount. 3. In the case of products falling within sub- headings 04.03 B or ex 23.07 B of the Common Customs Tariff, evidence of the following may be required in addition to or instead of the evidence referred to in paragraph 1 : — that the butter or cream used as the raw material for the manufacture of products falling within subheading 04.03 B, — that skimmed milk or skimmed-milk powder incorporated in products falling within sub- heading ex 23.07 B, were manufactured during the period in question.