31967R0177

146 Official Journal of the European Communities

2614/67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 28.6.67

REGULATION No 177/67/EEC OF THE COUNCIL of 27 June 1967

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

THE COUNCIL OF THE EUROPEAN ECONOMIC the products, since markets in the countries of desti­ COMMUNITY, nation are at varying distances from Community markets and special conditions apply to imports in Having regard to the Treaty establishing the Euro­ certain countries of destination ; pean Economic Community; Whereas to ensure Community exporters some stab­ Having regard to Council Regulation No 121/67/ ility in the amount of the refund and certainty with EEC1 of 13 June 1967 on the common organisation regard to the list of products eligible for a refund, it of the market in pigmeat, and in particular Article should be possible for the list and the amounts to re­ 15 (4) thereof; main valid for a relatively long period ; Having regard to the proposal from the Commission ; Whereas to avoid distortions of competition between Whereas export refunds on products subject to the individual Community traders , the administrative common organisation of the market in pigmeat must conditions under which they operate must be identical be fixed in accordance with certain criteria which throughout the Community ; whereas there does would make it possible to cover the difference be­ not appear to be any justification for granting a re­ tween prices for those products within the Com­ fund where the products in question are imported munity and on the world market ; whereas to this end from third countries and re-exported to third the supply situation and prices for those products countries ; whereas the reimbursement, under certain within the Community and the price situation on the conditions , of the levy collected on importation is suf­ world market must be taken into account; ficient to allow these products to be placed on the Whereas the difference between prices within 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 pigmeat must also be taken into HAS ADOPTED THIS REGULATION : account; whereas for products other than pig car­ cases the coefficients referred to in Article 10 (4) of Article 1 Regulation No 121/67/EEC should be taken into ac­ count ; 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 121 /67/EEC . whereas to this end prices on third country markets and in countries of destination, producer prices re­ corded in third countries and free-at-Community­ Article 2 frontier prices should be taken into account when prices on the world market are being determined; The following shall be taken into account when re­ whereas, in the absence of representative markets for funds are being fixed : pigmeat products, prices ruling at the various market­ ing stages and on exportation should be used as a (a) the existing situation and the future trend with basis in determining Community prices ; regard to :

Whereas provision must be made for varying the — prices and availabilities of pigmeat products amount of the refund according to the destination of on the Community market; — prices for pigmeat products on the world 1 OJ No 117, 19.6.1967, p . 2283/67. market ;

Official Journal of the European Communities 147

(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 1 ( 1 ) of Regulation No 121/67/EEC is being calcu­ — that the products are of Community, origin, ex­ lated, account shall also be taken of the difference be­ cept where Article 7 applies . 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 9 ( 1 ) (a) of that Regulation, the coefficients reffered to vided it is proved that the product has reached the in Article 10 (4) of that Regulation also being taken destination for which the refund was fixed. into account in the case of products other than pig carcases . Exceptions may be made to this rule in accordance with the procedure reffered to in paragraph 3 , pro­ vided conditions are laid down which offer equival­ Article 3 ent guarantees . 1 . The following shall be taken into account when the price on the Community market is being deter­ 3 . Additional provisions may be adopted in accord­ mined : ance with the procedure laid down in Article 24 of Regulation No 121 /67/EEC. ( a) prices ruling at the various marketing stages in the Community ; Article 7 (b) prices ruling on exportation. 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 121 /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 countries of destination for third country imports ; — that the product to be exported and the product 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 (d) free-at-Community-frontier offer prices. In such cases the refund on each product shall be equal to the levy collected on importation where this Article 4 levy is lower than the refund applicable on the day of exportation ; the refund shall be equal to the refund Where the world market situation or the specific re­ applicable on the day of exportation where the levy quirements of certain markets make this necessary, collected on importation is higher than this refund. 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 121/67/EEC.

Article 5 This Regulation shall enter into force on the day fol­ 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