31967R0175

142 Official Journal of the European Communities

2610/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 28.6.67

REGULATION No 17S/67/EEC OF THE COUNCIL of 27 June 1967

laying down general rules for granting export refunds on eggs and criteria for fixing the amount of such refunds

THE COUNCIL OF THE EUROPEAN ECONOMIC Whereas provision must be made for varying the COMMUNITY, amount of the refund according to the destination of the products, since markets in the countries of desti­ Having regard to the Treaty establishing the Euro­ nation are at varying distances from Community pean Economic Community ; markets and special conditions apply to imports in certain countries of destination ; Having regard to Council Regulation No 122/67/ EEC1 of 13 June 1967 on the common organisation "Whereas to ensure Community exporters some stab­ of the market in eggs, and in particular the fourth ility in the amount of the refund and certainty with subparagraph of Article 9 (2) thereof; regard to the list of products eligible for a refund, it should be possible for the list and the amounts to re­ Having regard to the proposal from the Commission ; main valid for a relatively long period; Whereas export refunds on products subject to the Whereas, to avoid distortions of competition between common organisation of the market in eggs must be individual Community traders, the administrative fixed in accordance with certain criteria which would conditions under which they operate must be identical make it possible to cover the difference between throughout the Community; whereas there does prices for those products within the Community and not appear to be any justification for granting a re­ on the world market ; whereas to this end the supply fund where the products in question are imported situation and prices for those products within the from third countries and re-exported to third countries ; Community and the price situation on the world whereas the reimbursement, under certain conditions, market must be taken into account ; of the levy collected on importation is sufficient to Whereas the difference between prices within the allow these products to be placed on the world market again ; Community and prices on the world market for the quantity of feed grain required for the production of one kilogramme of eggs in shell and for the pro­ duction of one egg for hatching must also be taken HAS ADOPTED THIS REGULATION : into account; whereas for the products listed in Article 1 ( 1 ) (b) of Regulation No 122/67/EEC the Article 1 coefficients referred to in Article 5 (2) of that Regu­ lation should be taken into account ; This Regulation lays down rules for fixing and grant­ Whereas, if price trends are to be noted, prices must ing export refunds on the products listed in Article be determined in accordance with general principles ; 1 ( 1 ) of Regulation No 122/67/EEC. whereas to this end prices on third country markets and in countries of destination, producer prices re­ Article 2 corded in third countries and iree-at-Community­ frontier prices should be taken into account when The following shall be taken into account when prices on the world market are being determined ; refunds are being fixed : whereas, in the absence of representative markets for egg products, prices ruling at the various marketing ( a) the existing situation and the future trend with stages and on exportation should be used as a basis regard to : in determining Community prices ; — prices and availabilities of egg products on the Community market;

1 OJ No 117, 19.6.1967, p . 2293/67. — prices for egg products on the world market;

Official Journal of the European Communities 143

( b ) the need to avoid disturbances which might lead granted and the amount of such refund shall be fixed to a prolonged imbalance between supply and at least once every three months. demand on the Community market; and Article 6 (c) the economic aspect of the proposed exports . When the refund on the products listed in Article 1 . The refund shall be paid upon proof: 1 ( 1 ) of Regulation No 122/67/EEC is being calcu­ — that the products have been exported from the lated, account shall also be taken of the difference be­ Community, and tween prices within the Community and prices on the world market for the quantity of feed grain deter­ — that the products are of Community origin, mined in accordance with the provisions of Article except where Article 7 applies. 4 ( 1 ) of that Regulation, the coefficients referred to 2. Where Article 4 applies, the refund shall be paid in Article 5 (2) of that Regulation also being taken under the conditions laid down in paragraph 1, into account in the case of derived products. provided it is proved that the product has reached the destination for which the refund was fixed. Article 3 Exceptions may be made to this rule in accordance 1 . The following shall be taken into account when with the procedure referred to in paragraph 3, the price on the Community market is being deter­ provided conditions are laid down which offer mined : equivalent guarantees. ( a) prices ruling at the various marketing stages in 3 . Additional provisions may be adopted in the Community; accordance with the procedure laid down in Article (b) prices ruling on exportation. 17 of Regulation No 122/67/EEC.

2. The following shall be taken into account when Article 7 the price on the world market is being determined: (a) prices ruling on third country markets; No export refund shall be granted on products listed in Article 1 ( 1 ) of Regulation No 122/67/EEC which (b) the most favourable import prices in third are imported from third countries and re-exported to countries of destination for third country third countries, unless the exporter proves : imports ; — that the product to be exported and the product (c) producer prices recorded in exporting third previously imported are one and the same, and countries, account being taken; where appropriate, of subsidies granted by those — that the levy was collected on importation. countries ; and In such cases the refund on each product shall be (d) free-at-Community-frontier offer prices. equal to the levy collected on importation where this levy is lower than the refund applicable on the day of Article 4 exportation ; the refund shall be equal to the refund) applicable on the day of exportation where the levy Where the world market situation or the specific collected on importation is higher than this refund. requirements of certain markets make this necessary, the refund for the Community may be varied Article 8 according to the destination of the products listed in Article 1 ( 1 ) of Regulation No 122/67/EEC. This Regulation shall enter into force on the day following its publication in the Official Journal of the Article 5 European Communities.

The list of products on which an export refund is 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, 27 June 1967.

For the Council The President

Ch . HEGER