31967R0176

144 Official Journal of the European Communities

2612/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 28.6.67

REGULATION No 176/67/EEC OF THE COUNCIL of 27 June 1967

laying down general rules for granting export refunds on poultryraeat 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 123 /67/ EEC1 of 13 June 1967 on the common organisation "Whereas to ensure Community exporters some stab­ of the market in poultrymeat, and in particular the ility in the amount of the refund and certainty with re­ fourth subparagraph of Article 9 (2) thereof; gard 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 common organisation of the market in poultrymeat "Whereas to avoid distortions of competition between must be fixed in accordance with certain criteria individual Community traders, the administrative which would make it possible to cover the difference conditions under which they operate must be identical between prices for those products within the Com­ throughout the Community; whereas there does munity and on the world market; whereas to this end not appear to be any justification for granting a re­ the supply situation and prices for those products fund where the products in question are imported within the Community and the price situation on the from third countries and re-exported to third world market must be taken into account; countries ; whereas the reimbursement, under certain conditions, of the levy collected on importation is suf­ "Whereas . the difference between prices within the ficient to allow these products to be placed on the Community and prices on the world market for the world market again ; quantity of feed grain required for the production of one kilogramme of slaughtered poultry and for the production of one chick must also be taken into ac­ HAS ADOPTED THIS REGULATION : count; whereas for the products listed in Article 1 ( 1 ) (d) of Regulation No 123 /67/EEC the coef­ Article 1 ficients referred to in Article 5 (3 ) of that Regulation This Regulation lays down rules for fixing and grant­ should be taken into account ; ing export refunds on the products listed in Article Whereas if price trends are to be noted prices must 1 ( 1 ) of Regulation No 123 /67/EEC. be determined in accordance with general principles ; whereas to this end prices on third country markets Article 2 and in countries of destination, producer prices re­ corded in third countries and free-at- Community­ The following shall be taken into account when re­ frontier prices should be taken into account when funds are being fixed : prices on the world market are being determined ; whereas, in the absence of representative markets for ( a) the existing situation and the future trend with poultrymeat products, prices ruling at the various regard to : marketing stages and on exportation should be used — prices and availabilities of poultrymeat prod­ as a basis in determining Community prices ; ucts on the Community market;

— prices for poultrymeat products on the world 1 OJ No 117, 19.6.1967, p . 2301/67. market;

Official Journal of the European Communities 145

(b) the need to avoid disturbances which might lead Article 6 to a prolonged imbalance between supply and demand on the Community market; and 1 . The refund shall be paid upon proof:

(c) the economic aspect of the proposed exports . — that the products have been exported from the Community, and When the refund on the products listed in Article — that the products are of Community origin, ex­ 1 ( 1 ) of Regulation No 123/67/EEC is being calcu­ cept where Article 7 applies . lated, account shall also be taken of the difference be­ tween prices within the Community and prices on the world market for the quantity of feed grain deter­ 2. Where Article 4 applies, the refund shall be paid mined in accordance with the provisions of Article under the conditions laid down in paragraph 1 , pro­ 4 ( 1 ) of that Regulation, the coefficients referred to vided it is proved that the product has reached the destination for which the refund was fixed. in Article 5 (3 ) of that Regulation also being taken into account in the case of derived products. Exceptions may be made to this rule in accordance with the procedure referred to in paragraph 3 , pro­ Article 3 vided conditions are laid down which offer equival­ ent guarantees . 1 . The following shall be taken into account when the price on the Community market is being deter­ mined : 3 . Additional provisions may be adopted in ac­ cordance with the procedure laid down in Article 17 (a) prices ruling at the various marketing stages in of Regulation No 123 /67/EEC. the Community;

(b ) prices ruling on exportation. Article 7

2. The following shall be taken into account when No export refund shall be granted on products listed the price on the world market is being determined : in Article 1 ( 1 ) of Regulation No 123/67/EEC which ( a) prices ruling on third country markets ; are imported from third countries and re-exported to third countries, unless the exporter proves : (b) the most favourable import prices in third — that the product to be exported and the product countries of destination for third country imports ; previously imported are one and the same, and (c) producer prices recorded in exporting third countries, account being taken, where appropriate, — that the levy was collected on importation. of subsidies granted by those 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 re­ collected on importation is higher than this refund. quirements of certain markets make this necessary, the refund for the Community may be varied accord­ ing to the destination of the products listed in Article Article 8 1 ( 1 ) of Regulation No 123 /67/EEC . This Regulation shall enter into force on the day fol­ Article 5 lowing its publication in the Official Journal of the The list of products on which an export refund is European Communities . granted and the amount of such refund shall be fixed at least once every three months. 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