31968R1180

Official Journal of the European Communities 419

7.8.68 Official Journal of the European Communities No L 195/1

REGULATION (EEC) No 1180/68 OF THE COMMISSION of 5 August 1968 amending Regulation No 633/67/EEC as regards the advance fixing of the export refund on cereals in cases of force majeure and on denatured common wheat

THE COMMISSION OF THE EUROPEAN COM­ of export, or in the last month of validity of the MUNITIES , licence, are applied to the quantities of cereals which should have been exported during the period affected Having regard to the Treaty establishing the by the case of force majeure, whereas it is necssary European Economic Community ; to change that situation by applying to such quantities the corrective amount which had been Having regard to Council Regulation No 120/67/ fixed in advance for the month during which the EEC1 of 13 June 1967 on the common organisation export was envisaged ; of the market in cereals, and in particular Article 16 (6) thereof; "Whereas Article 6 of Council Regulation No 172/67/ EEC 6 of 27 June 1967 on general rules governing the Whereas Article 16 of that Regulation provides that, denaturing of wheat and rye of bread-making in the case of advance fixing of the refund, this quality provides that the export refund on denatured common wheat must be calculated on the basis of must be adjusted for the threshold price in force the export refund on barley; whereas it is necessary during the month of exportation and that a correc­ tive amount shall apply to it; therefore to provide that the adjustment to be made to the refund on denatured common wheat pursuant to the first subparagraph of Article 16 (4) of Regu­ Whereas Commission Regulation No 633 /67/EEC2 lation No 120/67/EEC is that resulting from the of 27 September 1967 on the advance fixing of the variation in the threshold price for barley; export refund on cereals, as amended by Regulation (EEC) No 427/683 lays down detailed rules for cal­ culating the corrective amount for the refund fixed Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ in advance ; ment Committee for Cereals ; Whereas owing to certain cases of force majeure HAS ADOPTED THIS REGULATION : envisaged in Commission Regulation No 473 /67/ EEC4 of 21 August 1967 on import and export Article 1 licences for cereals, processed cereal products, rice, broken rice and processed rice products, as last The following Article 2a shall be inserted in Regu­ amended by Regulation (EEC) No 1127/68 ,5 cereals lation No 633/67/EEC : for which the export refund has been fixed in advance cannot be exported within the time limit 'Article 2a envisaged in the exporter's export programme before the case of force majeure arose ; whereas the cereals 1 . If exportation takes place during the period cannot therefore be exported until the disappearance of validity of the licence or during the extension of the circumstances caused by the case of force thereof, but as a result of one of the cases of majeure, thus possibly causing the exporter con­ force majeure specified in Article 9 (2) of Regu­ siderable damage for which he is not responsible if lation No 473/67/EEC, or its consequences, it has the corrective amounts operative in the actual month been made impossible during the month envis­ aged by the exporter, the corrective amount applicable to the quantities of cereals concerned 1 OJ No 117, 19.6.1967, p. 2269/67. shall where appropriate, by way of derogation 2 OJ No 233 , 28.9.1967, p. 9. 3 OJ No L 488, 9.4.1968 , p. 12 . 4 OJ No 204, 24.8.1967, p. 16. 5 OJ No L 187, 31.7.1968 , p . 8 . 6 OJ No 130, 28.6.1967, p. 2602/67.

420 Official Journal of the European Communities

from Article 10 (3 ) of that Regulation, be that 'Article 2b which had been fixed in advance for the month during which the export should have taken Where the export refund on denatured common place. wheat is fixed in advance, the adjustment provided for in the first subparagraph of Article 2. The provisions of paragraph 1 shall apply 16 ( 4 ) of Regulation No 120/ 67/EEC shall be only if the exporter can furnish proof that the made on the basis of the threshold price for export should actually have been carried out barley ruling during the month of export of the during the month in which the case of force denatured common wheat.' majeure or its consequences made it impossible .

3 . Member States shall forthwith notify the Article 3 Commission of any application of the provisions of this Article .' This Regulation shall enter into force on the day following its publication in the Official Journal of Article 2 the European Communities. Article 1 shall apply to exports which are subject to licences issued on or The following Article 2b shall inserted in Regu­ after 1 January 1968 . Article 2 shall apply from 26 lation No 633./67/EEC ; July 1968 .

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

Done at Brussels, 5 August 1968 .

For the Commission The President

Jean REY