31967R0366

Official Journal of the European Communities 213

No 174/34 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 31.7.67

REGULATION No 366/67/EEC OF THE COUNCIL

of 25 July 1967

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , markets in the countries of destination or on the basis of the special conditions which apply to imports Having regard to the Treaty establishing the in certain of these countries ; European Economic Community ; Whereas to avoid distortions of competition between Having regard to Council Regulation No Community traders, the administrative conditions 359/67/EEC1 of 25 July 1967 on the common under which they operate must be identical organisation of the market in rice, and in particular throughout the Community; Article 17 (5 ) thereof ; Whereas to ensure Community traders sufficient Having regard to the proposal from the Commission ; stability in the amount of the refund, the period for which the amounts may remain unchanged should be Whereas export refunds on products subject to the fixed at one week, subject to any alterations which common organisation of the market in rice must be may be made in the intervening period pursuant to fixed in accordance with certain criteria which would the second sentence of the fourth subparagraph of make it possible to cover the difference between Article 17 ( 2 ) of Regulation No 359/67/EEC ; quotations and prices for those products within the Community and on the world market, while Whereas there does not appear to be any justification respecting the general aims of the common for granting a refund on paddy rice or husked rice organisation ; whereas to this end the supply situation imported from third countries and re-exported to within the Community and the price situation on the third countries unless certain conditions are fulfilled ; world market and within the Community for rice and broken rice must be taken into account ;

HAS ADOPTED THIS REGULATION : Whereas, in view of the considerable fluctuations in quotations for rice and broken rice on the world market over time and the disparity between the prices Article 1 at which these products are offered by various countries on that market, a refund should be fixed This Regulation lays down rules for fixing and which, for the purpose of covering the difference granting export refunds on the products listed in between world prices and prices ruling within the Article 1 of Regulation No 359/67/EEC . Community, particularly in view of costs incurred in placing these products on the market, would take the difference between representative prices within the Article 2 Community and the most favourable quotations on the world market into account ; The following shall be taken into account when refunds are being fixed : Whereas Article 17 (2) of Regulation No 354/67/EEC provides that the amount of the refund may be varied ( a ) the existing situation and the future trend with according to the destination of the products and regard to : whereas it should be varied on the basis of the — prices and availabilities of rice and broken distances separating the Community market from rice on the Community market ;

— prices for rice and broken rice on the world 1 OJ N 174, 31.7.1967, p . 1 . market;

214 Official Journal of the European Communities

(b ) the aims of the common organisation of the where appropriate, pursuant to . Article 8 of market in rice, which are to ensure equilibrium Regulation No 359/67/EEC . and the natural development of prices and trade on this market ; 3 . The compensatory amount shall be granted (c ) the heed to avoid disturbances on the Community only if stocks reach a minimum level . market ; and ( d ) the economic aspect of the proposed exports . Article 5

Article 3 Where the world market situation or the specific requirements of certain markets make this necessary the refund on the products referred to in Article 3 Refunds on the products listed in Article 1 of may be varied according to destination . Regulation No 359/67/EEC, with the exception of those listed in Article 1 ( c) of that Regulation, shall be fixed in accordance with the following specific criteria : Article 6 ( a) prices for these products ruling on the various 1 . The refund on the products referred to in representative export markets of the Community ; Article 3 shall be paid upon proof : ( b ) the most favourable quotations recorded on the various markets of importing third countries ; and — that the products have been exported from the Community, and (c) marketing costs and the most favourable transport charges from the Community markets — that the products, as far as pad.dy rice and husked referred to in ( a) to ports or other points of rice are concerned, are of Community origin, export in the Community serving these markets , except where Article 8 applies . . . as well as costs incurred in placing the goods on the world market. 2. Where Article 5 applies, the refund shall be paid under the conditions laid down in paragraph 1 , Article 4 provided it is proved that the product has reached the destination for which the refund was fixed .

1 . The refund may be increased by a Exception may be made to this rule in accordance compensatory amount in respect of stocks of paddy with the procedure referred to in paragraph 3 , rice harvested within the Community and husked rice provided conditions are laid down which offer obtained therefrom in hand at the end of a marketing equivalent guarantees . year and forming part of that year's crop which are exported in the natural state or in the form of wholly 3 . Additional provisions may be adopted in milled rice or semi-milled rice between the beginning accordance with the procedure laid down in Article of the following marketing year and dates still to be determined . 26 of Regulation No 359/67/EEC .

Before 1 July of each year the Council, acting in accordance with the voting procedure laid down in Article 7 Article 43 ( 2 ) of the Treaty on a proposal from the Commission, shall, if necessary, determine the The refunds on the products referred to in Article 3 products to which the provisions of the preceding shall be fixed once a week . subparagraph shall apply.

2. The compensatory amount shall be equal to : Article 8 — the difference between the target price valid for the last month of the marketing year and that No export refund shall be granted on paddy rice and valid for the first month of the new marketing husked rice which is imported from third countries year in the case of husked rice ; and re-exported to third countries, unless the — that difference adjusted by the conversion rate in exporter proves : the case of paddy rice. — that the product to be exported and the product previously imported are one and the. same, and This amount shall however be reduced by the amount of the carry-over payment already granted, — that the levy was collected on importation.

Official Journal of the European Communities 215

In such cases the refund on each product shall be Article 9 equal to the levy collected on importation where this This Regulation shall enter into force on the day levy is lower than the refund applicable on the day following its publication in the Official Journal of of exportation ; the refund shall be equal to the refund the European Communities. applicable on the day of exportation where the levy collected on importation is higher than this refund. It shall apply from 1 September 1967 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 25 July 1967.

For the Council

The President H. HOECHERL