31967R0144

Official Journal of the European Communities 99

2464/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 26.6.67

REGULATION (EEC) No 144/67 OF THE COUNCIL

of 21 June 1967 on general rules for granting refunds on exports of sugar to third countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the maximum amounts of the refund should be determined on the basis of the difference existing for white sugar and raw sugar respectively between prices on the domestic market and prices on the Having regard to the Treaty establishing the world market; whereas, in the case of the products European Economic Community ; referred to in Article 1 (2) ( c) of Regulation No 44/ 67/EEC for which corresponding prices are not Having regard to Council Regulation ( EEC ) No available, maximum amounts of the refund should be 44/ 67/EEC 1 of 21 February 1967 on certain measures determined on the basis of the maximum amount of common organisation of the market in sugar for calculated for white sugar ; the 1967/68 marketing year, and in particular Article 5 (2) thereof; Whereas the period of validity of the maximum amount of the refund must be limited on account of Having regard to the proposal from the Commission ; the fluctuation of prices on the sugar market; whereas, therefore, provision should be made for Whereas, in pursuance of Article 5 (2) of Regulation periodic fixing of the maximum amount, allowing for No 44/67/EEC, the Council must adopt general rules the possibility of alterations in the intervening time; for granting refunds when products referred to in Article 1 (2) ( a ) and (c) of that Regulation are exported unaltered to third countries, and the criteria HAS ADOPTED THIS REGULATION : for fixing the maximum amount thereof;

Article 1 Whereas, in respect of the fixing by Member States of the amount of the refund for a specific exportation, Member States may only grant a refund in respect of provision should be made for different methods of procedure to take account of trade requirements ; products referred to in Article 1 (2) ( a) and (c) of Regulation No 44/67/EEC which are exported whereas, to this end, there should be laid down a procedure whereby the refund is established for the unaltered to third countries, without prejudice to the detailed rules of application provided for in Article date of exportation, an advance fixing procedure under which the refund remains valid for a certain 5 (3 ) of that Regulation , in accordance with the following provisions. length of time, and a procedure for invitations to tender ; Article 2 Whereas, in order to obtain the lowest refund for exports of the products falling within heading No If Member States grant a refund for a specific 17.01 under the last procedure, which is similar to exportation they shall fix its amount : the advance fixing procedure in that the day of exportation is not known, only tenders which (a) after the exportation has been effected; or correspond to the best opportunities for the sale of ( b ) before the exportation is effected : beet and cane sugar on the world market should be taken into account ; — according to the advance fixing procedure, or — for the products referred to in Article 1 (2) (a) and (c) of Regulation No 44/67/EEC, by an invitation to tender for 1 OJ No 40, 3.3.1967, p. 597/67. export.

100 Official Journal of the European Communities

Article 3 4. The provisions of Article 4 concerning the period of validity of the refund certificate and the Where Member States fix the refund after the deposit shall be applied. exportation has been effected, the amount of the refund may not exceed the maximum amount ruling Article 6 on the day of exportation for the product in question . 1 . The maximum amount of the refund for the products referred to in Article 1 (2) ( a) of Regulation No 44/67/EEC shall be established on the Article 4 basis of the difference between the threshold price valid in the Member State in question for the 1967/68 sugar marketing year, and 1 . Where Member States fix the refund by the — for white sugar : the spot price quoted on the advance fixing procedure, the amount of the refund Paris Bourse may not exceed the maximum amount ruling on the day the application was submitted. — for raw sugar : the spot price quoted on the London Stock Exchange. 2. Member States shall issue, on application, In addition, other factors concerning the state of the refund certificates showing the amount of the refund fixed in advance. Issue of the refund certificates shall world market may be taken into account when the be subject to the lodging of a deposit to guarantee maximum amount of the refund is being established. the obligation to export within the period of validity of the certificate and the deposit shall be forfeit, in 2. The maximum amount of the refund may vary whole or in part, if the exportation is not effected according to destination if the state of the market in within this period. the third countries justifies the variation .

3. However, the maximum amount of the refund 3 . The certificate shall be valid from its date of for raw sugar may not exceed the maximum amount issue until the end of the third month following its of the refund for white sugar valid for the destination month of issue, but its validity shall not extend in question and adjusted by the yield coefficient. beyond 30 June 1968 . The yield coefficient shall be equal to one hundredth of the percentage calculated in accordance with the provisions of Article 6 (2) of Commission Regulation Article 5 No 97/67/EEC of 18 May 1967.

1 . Where Member States fix the refund by an Article 7 invitation to tender for export, the amount of the refund may not exceed the maximum amount in force on the date of publication of the invitation to The maximum amount of the refund for the products tender for export. referred to in Article 1 (2) (c) of Regulation No 44/67/EEC shall be derived from the maximum amount of the refund for white sugar on the basis of 2. The rules of the invitation to tender for export their sugar content (including the invert sugar must ensure equal access and treatment for all calculated in sucrose by applying a coefficient of persons concerned. The successful tenderer shall be 0-95 ). the person who submits the tender or tenders requiring the lowest refunds for exporting the quantities which are the subject of the invitation to Article 8 tender. However, Member States shall disregard any tender which does not correspond to the most The maximum amount shall be valid for two-week favourable opportunity for disposal on the world periods, following consecutively without interruption . market . It may be altered in the intervening time if the state of the market so requires .

3 . In respect of each tender for which a refund is awarded, Member States shall, after a deposit has been lodged, issue a refund certificate indicating the amount of the refund. 1 OJ No 94, 19.5.1967, p . 1825/67.

Official Journal of the European Communities 101

Article 9 This Regulation shall enter into force on the third day following its publication in the Official Journal The system provided for in this Regulation shall be of the European Communities . applicable 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