31967R0139

88 Official Journal of the European Communities

26.6.67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 2453 /67

REGULATION No 139/67/EEC OF THE COUNCIL of 21 June 1967 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds

THE COUNCIL OF THE EUROPEAN ECONOMIC world market should be taken into account when the COMMUNITY, amount of the refund is being fixed;

Having regard to the Treaty establishing the Euro­ Whereas .the second subparagraph of Article 16 (4) of pean Economic Community ; Regulation No 120/67/EEC provides for the advance fixing of export refunds on flour, groats and meal ; Having regard to Council Regulation No 120/67/ whereas, in view of" the existence of a future market EEC1 of 13 June 1967 on the common organisation in international trade in these products, provision of the market in cereals,,, and in particular Article 16 , should be made for the advance fixing of the refund (5) thereof; in respect of exports to be effected at a later date;

Whereas provision must be made for varying the Having regard to the proposal from the Commission ;1 amount of the refund according to the destination of the products, since markets in the countries of desti­ Whereas export refunds on products subject to the nation are at varying distances from Community common organisation of the market in cereals must markets and special conditions apply to imports in be fixed in accordance with certain criteria which certain countries of destination ; would make it possible to cover the difference be­ tween quotations and prices for those products Whereas to avoid distortions of competition between within the Community and on the world market, individual Community traders, the administrative con­ while respecting the general aims of the common­ ditions under which they operate must be identical organisation; whereas to this end the supply situation throughout the Community ; and prices for cereals within the Community and the price situation on the world market for cereals and Whereas to ensure Community traders sufficient sta­ cereal products must be taken into account ; bility in the amount of the refund, the period for which the amounts may remain unchanged should be Whereas, in view of the considerable fluctuatipns in fixed at one week, subject to any alterations which quotations for cereals on the world market over time may be made in the intervening period pursuant to and the disparity between the prices at which cereals the second sentence of the fourth subparagraph of are offered by various countries on that market, a re­ Article 16 (2) of Regulation No 120/67/EEC ; fund should be fixed which, for the purpose of cover­ ing the difference between world prices and prices Whereas there does not appear to be any justification ruling within the Community, particularly in view of for granting a refund on cereals imported from third costs incurred in placing these products on the mar­ countries and re-exported to third countries ; whereas ket, would take the difference between representative :the reimbursement, under certain conditions, of the prices within the Community and the most favour­ levy collected on importation is sufficient to allow able quotations on the world market into account; these cereals to be placed on the world market again ;

Whereas to enable flour, groats and meal to be ex­ HAS ADOPTED THIS REGULATION : ported, the. prices and quantities of cereals used in the manufacture of these products within the ..Com­ Article 1 munity, the value of by-products and the possibilities and conditions for the sale of these products on the This Regulation lays down rules for fixing and grant- . ing export refunds on the products listed in Article 1 1 OJ No 117, 19.6.1967, p . 2269/67. of Regulation No 120/67/EEC .

Official Journal of the European Communities 89

Article 2 (c) possibilities and conditions for the sale of these products on the world market. The following shall be taken into account when re­ funds are being fixed : Article 5

( a) the existing situation and the future trend with 1 . The refund may be increased by a compensatory regard to : amount in respect of stocks of common wheat, — prices and availabilities of cereals on the durum wheat, rye, barley and maize harvested within Community market ; the Community in hand at the end of the marketing year ajid forming part of that year's crop which are — prices for cereals and cereal products on the exported in the natural state or in the form of prod­ world market ; ucts listed in Article 1 (c) of Regulation No 120/67/ (b) the aims of the common organisation of the mar­ EEC between the beginning of the following market­ ket in cereals, which are to ensure equilibrium ing year and dates still to be determined. and the natural development of prices and trade Before 15 March of each year the Council, acting in on this market; accordance with the voting procedure laid down in (c) the need to avoid disturbances on the Community Article 43 (2) of the Treaty on a proposal from the market ; and Commission, shall, if necessary, determine the cereals to which the provisions of the preceding subpara­ (d) the economic aspect of the proposed exports . graph shall apply.

Article 3 2. The compensatory amount for each cereal shall be equal to the difference between the target price valid for the last month of the marketing year and Refunds on the products listed in Article 1 (a) and (b ) that valid for the first month of the new marketing of Regulation No 120/67/EEC shall be fixed in ac­ year. cordance with the following specific criteria :. This amount shall however be reduced by the ( a) cereal prices ruling on the various representative amount of the carry-over payment already granted export markets of the Community; pursuant to Article 9 (2) and, where appropriate, (b) the most favourable quotations recorded on the Article 9 ( 1 ) of Regulation No 120/67/EEC. various markets of importing third countries; and 3 . The compensatory amount shall be granted (c) marketing costs and the most favourable trans­ only if stocks reach a minimum level. port charges from the Community markets re­ ferred to in (a) to ports or other points of export in the Community serving these markets, as well Article 6 as costs incurred in placing the goods on the world market. Where the world market situation or the specific re­ quirements of .certain markets make this necessary, Article 4 the refund for the Community on the products listed in Article 1 (a), (b ) and (c) of Regulation No 120/67/ 1 . For the products listed in Article 1 ( c) of Regu­ EEC may be varied according to destination . lation No 120/67/EEC, the refund applicable on the day on which the application for export licence is Article 7 lodged, adjusted on the basis of the threshold price in force during the month of exportation, shall be ap­ plied to exports to be effected during the validity of 1 . The refund shall be paid upon proof: the export licence if the applicant so requests when — that the products have been exported from the applying for the licence. Community, and 2 . Refunds shall be fixed in accordance with the — that the products listed in Article 1 (a) and (b) of following specific criteria : Regulation No 120/67/EEC are of Community origin, except where Article 9 of the present Regu­ (a) cereal prices ruling on the various Community lation applies. markets ;

(b) the quantities of cereals required for the manu­ 2. Where Article 6 applies, the refund shall be paid facture of the products in question and the value under the conditions laid down in paragraph 1 of this of by-products ; Article, provided it is proved that the product has

90 Official Journal of the European Communities

reached the destination . for which the refund was which are imported from third countries and re-ex­ fixed. ported to third countries, unless the exporter proves : Exceptions may be made to this rule in accordance — that the product to be exported and the product with the procedure referred to in paragraph 3 of this previously imported are one and the same, and Article, provided conditions are laid down which of­ — that the levy was collected on importation. fer equivalent guarantees.

3 . Additional provisions may be adopted in ac­ In such cases the refund on each product shall be cordance with the procedure laid down in Article 26 equal to the levy collected on importation where this of Regulation No 120/67/EEC. levy is lower than the refund applicable on the day of exportation; the refund shall be equal to the refund applicable on the day of exportation where the levy Article 8 collected on importation is higher than this refund.

The refunds on the products listed in Article 1 (a), (b) and (c) of Regulation No 120/67/EEC shall be fixed Article 10 once a week.

This Regulation shall enter into force on the day fol­ Article 9 lowing its publication in the Official Journal of the European Communities. No export refund shall be granted on products listed in Article 1 (a) and (b) of Regulation No 120/67/EEC It shall apply from 1 July 1967.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 21 June 1967. ,

For the Council

The President R. VAN ELSLANDE