31969R0302

Official Journal of the European Communities 47

20.2.69 Official Journal of the European Communities No L 43/ 1

REGULATION (EEC) No 302/69 OF THE COUNCIL

of 18 February 1969

amending and supplementing certain provisions of Regulation (EEC) No 1052/68 on the import and export system for products processed from cereals and from rice

THE COUNCIL OF THE EUROPEAN COMMUNITIES, products processed from cereals between Italy and other Member States, in order to take account of the Having regard to the Treaty establishing the measures applied by Italy for reducing the levy in European Economic Community; accordance with Article 23 (2) of Regulation No 120/67/EEC; whereas it should be provided, as for Having regard to Council Regulation No feed grain, that the exporting Member State may pay 120/67/EEC1 of 13 June 1967 on the common to the consignor who requests it the subsidy which organisation of the market in cereals, as last amended Italy has to pay for delivery of products processed by Regulation (EEC) No 289/69,2 and in particular from cereals, it being for the exporting Member State Article 14 (3 ) and Article 23 (4) thereof; to inform the Italian Republic of such payment ;

Having regard to Council Regulation No Whereas the products processed from cereals listed in 359/67/EEC3 of 25 July 1967 on the common the Annex to Regulation (EEC) No 1052/68 fall organisation of the market in rice, as last amended by within tariff headings Nos 11.01 and 11.02 only if Regulation (EEC) No 1603/68 ,4 and in particular they satisfy the conditions laid down in that Annex; Article 12 (3 ) thereof; whereas experience has shown that certain technical requirements should be revised and that their Having regard to the proposal from the Commission ; purpose should be more clearly defined ;

Whereas the second subparagraph of Article 2 ( 1 ) of Council Regulation (EEC) No 1052/685 of 23 July HAS ADOPTED THIS REGULATION : 1968 on the import and export system for products processed from cereals and from rice lays down the procedure for adjusting to the threshold price valid Article 1 during the month of importation, the average of the levies on basic products used for calculating the levies on products processed from cereals ; whereas for The following shall be added to the second certain basic products the relevant average levy may subparagraph of Article 2 ( 1 ) of Regulation (EEC) No 1052/68 : be zero ; whereas it should be stated that there is no reason for adjusting the levy on the basis of the 'However, that adjustment shall not be made if threshold price valid for the month of importation the average levy applicable during the first since the fact that the world market price is higher twenty-five days of the month preceding that of than the threshold price adequately protects the importation of the basic product is zero.' Community market and makes it economically unnecessary to charge a levy ; Article 2 Whereas Article 10 of Regulation (EEC) No 1052/68 set up a system of charges and subsidies for trade in The second indent of Article 10 ( 1 ) of Regulation (EEC) No 1052/68 shall be supplemented by the following : OJ No 117, 19.6.1967, p. 2269/67. OJ No L 41, 18.2.1969, p . 1 . \ . . unless that subsidy has, at the request of the OJ No 174, 31.7.1967, p. 1 . consignor, been paid to him by the exporting Member State which shall forthwith inform the OJ No L 253, 16.10.1968, p. 5 . OJ No L 179, 25.7.1968, p . 8 . Italian Republic thereof.'

48 Official Journal of the European Communities

Article 3 — an ash content by weight referred to dry matter not exceeding 1% for rice, 2-5% for The following shall be substituted for footnote 1 to wheat and rye, 3% for barley, 4% for buckwheat, 5% for oats and 2% for other the Annex to Regulation (EEC) No 1052/68 : cereals . 'For purposes of distinguishing between products Cereal germ, whether milled or not, shall in all falling within tariff headings Nos 11.01 or 11.02 cases fall within tariff heading No 11.02.' on the one hand and No 23.02 on the other, products falling within tariff headings Nos 11.01 and 11.02 shall be those which have both : Article 4

— a starch content exceeding 45% by weight This Regulation shall enter into force on 1 March referred to dry matter, 1969 .

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

Done at Brussels, 18 February 1969. For the Council

The President

J. P. BUCHLER