31967R0140

Official Journal of the European Communities 91

2456/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 26.6.67

REGULATION No 140/67/EEC OF THE COUNCIL of 21 June 1967

on rules for the advance fixing of levies on cereals

THE COUNCIL OF THE EUROPEAN ECONOMIC fluctuations from adversely affecting the Community COMMUNITY, market in cereals, provision should be made in such a case for fixing the premium at a higher level than that resulting from application of the usual rules so Having regard to the Treaty establishing the Euro­ as to cover the difference between the c.i.f. price and pean Economic Community ; the c.i.f. forward delivery price, or for suspending temporarily the advance fixing of the levy, or for re­ ducing the period for which it is possible to obtain advance fixing of the levy; Having regard to Council Regulation No 120/67/ EEC1 of 13 June 1967 on the common organisation of the market in cereals, and in particular Article 15 (4) thereof; Whereas it is desirable, by means of the premium sys­ tem, to induce the importer to respect the period in­ dicated by him when applying for the advance fixing of a levy in accordance with Article 15 (2) of Regu­ Having regard to the proposal from the Commission; lation No 120/67/EEC, although allowance should be made for the fact that the conditions of purchase cus­ tomary in the international cereal trade and uncer­ Whereas the common threshold price is the Com­ tainty about delivery time will often prevent the im­ munity market's sole protection and whereas, if im­ port from being effected during the month indicated ports were to enter this market at prices below the on the import licence; threshold price, the normal disposal of home-grown cereals in accordance with the regionalisation rules would be seriously threatened; whereas it is therefore necessary, where the levy has been fixed in advance, HAS ADOPTED THIS REGULATION : to fix the premium provided for in Article 15 (2) of Regulation No 120/67/EEC so that the product im­ ported under this procedure may enter the Com­ Article 1 munity market under conditions which cannot dis­ turb its balance; The amount of the premiums provided for in Article 15 (2) of Regulation No 120/67/EEC expressed in units of account per metric ton shall be the same for Whereas to this end it is necessary that this premium the entire Community. should cover the difference between the c.i.f. price and a c.i.f. forward delivery price, where the latter is lower than the former, determined on the basis of of­ The scale of premiums shall include a premium for fers reflecting the real trend of the future market; the current month and a premium for each of the fol­ lowing months until the licence expires.

Whereas there are exceptional cases where extra­ neous factors cause substantial price fluctuations on Article 2 the cereals market; whereas, in order to prevent such When, for one of the products listed in Article 1 (a) and (b) of Regulation No 120/67/EEC, the c.i.f. price 1 OJ No 117, 19.6.1967, p . 2269/67. is higher than the c.i.f. forward delivery price for the

92 Official Journal of the European Communities

same product, the rate of , the premium shall, subject the relevant- product, the amount of the premium to the provisions set out below, be equal to the may temporarily be fixed at a higher level than the difference between the two prices. premium resulting from the preceding Articles .

2. However, for the month in which the import li­ Article ,3 cence was issued, the amount of the premium may not exceed the amount resulting from the preceding 1 . The c.i.f. price shall be the c.i.f. price as deter­ Articles . ' . mined, in accordance 'with Article 13 of Regulation No 120/67/EEC, on the day the scale of premiums is fixed. 3 . The amount of the premium may not exceed the amount resulting from the ^preceding Articles by mor.e than : . * 2. The c.i.f. forward delivery price shall' be the , c.i.f.. price, determined in accordance with Article 13 of Regulation No 120/67/EEC, but calculated on the (a). 0-50 units of account , for the month following that in which the licence was issued ; basis of offers at North Sea ports valid as' follows :

(a) in the case of imports to be effected during the (b) 0-75 units of account for ' the other' months for month in which the licence was issued, for ship­ which the licence is valid, with the exception of ment during that month; the last month, for which the increase in the pre­ " mium may ,go up to 1-25 units of account. (b) in the case of imports to be effected during the month following that in which the licence was issued, for shipment during the month following Article 7 that in which the iriiport licence was issued ; In exceptional cases, where factors extraneous to the (c) in the case of imports to be effected during the cereals market cause substantial price fluctuations on last months for which the ' licence is valid, for this market which could not be foreseen in the light shipment during the month preceding the intended of the supply and demand situation on the world month of importation. market, the . amount of the premium may be . fixed at a level higher than that resulting from the provisions of the preceding Articles. Article 4 The amount of the premium- may not be increased by more than the difference between the c.i.f. price de­ If the c.i;f. price is equal to the c.i.f. forward delivery termined for each product, and the last c.i.f. price de­ price or exceeds the latter by not more, than 0-125 termined for each product before prices began to be units of account per metric ton, the premium shall be affected by the factors mentioned in paragraph 1 . equal to 0 units of account.

Article 8 Article 5 In the cases mentioned in Article . 7, the advance fix­ 1 . The amount of the premium shown in the scale ing of the levy, in accordance with Article 15 (2) of in force for a particular product and period shall be Regulation No 120/67/EEC,. may be suspended, or adjusted where application of the rules laid down in the period for whicfr it is possible to obtain advance the preceding Articles entails a change in that amount fixing of the levy may be reduced, in accordance with of more than 0-125' units of account. the procedure provided for in Article 26 of Regu­ lation No 120/67/EEC. 2. The scale shall remain in force until a new scale is brought into force by the Commission. Article 9

If importation is not effected during the month indi­ Article 6 cated at the time of application and subject to excep­ tions the definition and . details, of- which shall be de­ 1 . If, in view of prospective imports, serious diffi­ termined in accordance with the procedure laid down> culties threaten to . affect the Community market in in Article 26 of Regulation No 120/67/EEC :

Official Journal of the European Communities 93

(a) the levy applicable on the day on which the month of importation indicated, is less than the . application for the licence was submitted shall be amount of the premium which was valid at the adjusted in accordance with the threshold price time of submission of the application for the in force on the day of importation ; and month in which importation is effected, the latter amount shall be applied. (b) the premium applicable shall be the premium shown, for the product in question and for the month of importation indicated, in the scale of Article 10 premiums in force on the day the application for the licence was submitted. However, if the amount of the premium which is valid for the This Regulation shall enter into force on 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