20. 6. 89 Official Journal of the European Communities No L 171/23 COMMISSION ‘REGULATION (EEC) No 1735/89 of 19 June 1989 on the recovery on export of aids granted in respect of skimmed-milk powder for use as feed and skimmed milk processed into compound feedingstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Regulation -(EEC) No 804/68 of the Council of 27 June 1968 on the common organization of the market in milk and milk products (*), as last amended by ‘Regulation . (EEC) No 763/89 (3, and in particular Article 10 (3) thereof, Whereas the second subparagraph of Article 2 (1) of Regulation (EEC) No 986/68 of the Council of 15 July 1968 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed (%), as last amended - by Regulation (EEC) No 1115/89 (*), provides that where skimmed milk. or skimmed-milk powder is exported in the form of denatured skimmed-milk powder or compound feeding- stuffs, an amount- equal to the aid is to be collected; whereas the aim of that provision is basically to avoid aids being received twice over, as a result of the granting of a refund under Commission Regulation (EEC) No 1476/89 (%) and the granting of aid under Commission Regulation (EEC) No 1725/79 (5), as last amended by Regulation (EEC) No 3368/88 (); whereas, in recent years, compliance with that requirement was ensured by reducing the refund applying to incorporated skimmed-milk powder and latterly by granting no refund for feedingstuffs which may qualify for aid under that Regulation ; Whereas at present the aid is distinctly higher than the refund ; whereas, as a consequence; the measures in force no longer suffice to prevent certain feedingstuffs being exported at a price lower than the world market price ; whereas measures should accordingly be laid down for the full recovery on export of aid granted in respect of skimmed-milk powder for use as feed and skimmed milk processed into-compound féedingstuffs ; Whereas certain detailed rules of administrative procedure to be applied in that case and 'the control measures- necessary must be adopted ; whereas reference should be () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 84, 29. 3. 1989, p. 1. () OJ No L 169, 18. 7. 1968, p. 4. () OJ No L 118, 29. 4. 1989, p. 7. ) O] No L 146, 30. 5. 1989, p. 14. (9 OJ No L 199, 7. 8. 1979, p. 1. () OF No L 296, 29. 10. 1988, p. SO. made to that end to Commission Regulation (EEC) No 1062/87 (!) on the Community transit procedure, as last amended by Regulation (EEC) No 1159/89 () 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. The amounts of the aid to be recovered in accordance with the second subparagraph of Article 2 (1) of Regulation (EEC) No 968/68 shall be as shown in the Annex hereto. 2.  However, the amounts referred to in paragraph 1 shall not be charged where the aid provided for in Article 10 (1) of Regulation (EEC) No 804/68 was not granted in respect of skimmed milk or skimmed-milk powder exported in the form of products shown in the Annex by reason of the-fact that its composition did not comply with the conditions laid down in Regulation (EEC) No 1725/79. The Member States shall take all measures necessary to verify in the case referred to in the first subparagraph that the aid was not granted previously in respect of the skimmed milk or skimmed-milk powder. Article 2 1. For the purposes of Article 1, the export declaration for products listed in the Annex must contain all the necessary information regarding the description and exact composition of the product. Such declaration shall be accepted subject to the presentation of a certificate issued by the competent agency as provided for in Article 4 (1) of Regulation (EEC) No 986/68 of the Member State on whose territory those formalities are completed or -by another agency. designated by the Member State in question. The certificate shall certify, as the case may be : — that the said agency has.collected the amount to be recovered pursuant to Article 1 (1) in respect of the products concerned, or '— that the products concerned are exempted from such recovery pursuant to Article 1 (2). () OJ No L 107, 22. 4. 1987, p. 1. ¢) OJ No L 119, 29. 4. 1989, p. 100.