31969R0499
114 Official Journal of the European Communities
20.3.69 Official Journal of the European Communities No L 69/1
REGULATION (EEC) No 499/69 OF THE COMMISSION of 17 March 1969
amending Regulation No 1041/67/EEC on detailed rules for the application of export refunds on products subject to a single price system
THE COMMISSION OF THE EUROPEAN COM Having regard to Council Regulation No MUNITIES, 139/67/EEC9 of 21 June 1967 laying down general rules for granting export refunds on' cereals and Having regard to the Treaty establishing the criteria for fixing the amount of such refunds, and in European Economic Community ; particular Article 7 (2), second subparagraph, and Article 7 (3 ) thereof; Having regard to Council Regulation No 136/66/EEC1 of 22 September 1966 on the Having regard to Council Regulation (EEC) No establishment of a common organisation of the 968/68 10 of 15 July 1968 on the system to be applied market in oils and fats, as last amended by to cereal-based compound feeding-stuffs, and in Regulation (EEC) No 2146/68 2 ; particular Article 7 (3 ), third subparagraph, and Article 7 (5 ) thereof; Having regard to Council Regulation No 162/66/EEC3 of 27 October 1966 on trade in oils and Having regard to Council Regulation (EEC) No fats between the Community and Greece ; 1052/68 11 of 23 July 1968 on the import and export system for products processed from cereals and from Having regard to Council Regulation No rice and in particular Article 6 (4), second 142/67/EEC4 of 21 June 1967 on export refunds on subparagraph, and Article 6 (5 ) thereof; colza, rape and sunflower seeds, as last amended by Regulation (EEC) No 845/68, and in particular Having regard to Council Regulation No Article 5 (2), second subparagraph, and Article 5 (3 ) 121 /67/EEC12 of 13 June 1967 on the common and Article 6 thereof; organisation of the market in pigmeat, as amended by Regulation (EEC) No 830/68,13 and in particular Having regard to Council Regulation No Article 15 ( 6) thereof; 171/67/EEC5 of 27 June 1967 on export refunds and levies on olive oil, as last amended by Regulation Having regard to Council Regulation No (EEC) No 18/69 6 and in particular Article 8 (2 ), 177/67/EEC14 of 27 June 1967 laying down general second subparagraph, Article 8 (3 ) and Article 11 rules for granting export refunds on pigmeat and thereof; criteria for fixing the amount of such refunds and in particular Article 6 (2), second subparagraph, and Having regard to Council Regulation No Article 6 (3 ) thereof; 120/67/EEC7 of 13 June 1967 on the common organisation of the market in cereals, as last amended Having regard to Council Regulation No by Regulation (EEC) No 289/69,8 and in particular 122/67/EEC13 of 13 June 1967 on the common Article 16 (6) thereof; organisation of the market in eggs, as amended by
1 OJ No 172, 30.9.1966, p. 3025/66. 2 OJ No L 314, 31.12.1968, p. 1. 9 OJ No 125, 26.6.1967, p. 2453/67. 3 OJ No 197, 29.10.1966, p. 3393/66. 10 OJ No L 166, 17.7.1968, p. 2. 4 OJ No 125, 26.6.1967, p. 2461/67. 11 OJ No L 179, 25.7.1968, p. 8 . 5 OJ No 130, 28.6.1967, p. 2600/67. 32 OJ No 117, 19.6.1967, p. 2283/67. 0 OJ No L 3 , 7.1.1969, p . 1 . 13 OJ No L 151, 30.6.1968, p. 23 . 7 OJ No 117, 19.6.1967, p.- 2269/67. 14 OJ No 130, 28.6.1967, p. 2614/67. 8 OJ No L 41, 18.2.1969, p. 1 . 15 OJ No 117, 19.6.1967, p. 2293/67.
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Regulation (EEC) No 830/68, and in particular organisation of the market in milk and milk Article 9 (3 ) thereof: products, and in particular Article 17 (4) thereof;
Having regard to Council Regulation No Having regard to Council Regulation (EEC) No 175/67/EEC1 of 27 June 1967 laying down general 876/6811 of 28 June 1968 laying down general rules rules for granting export refunds on eggs and criteria for granting export refunds on milk and milk for fixing the amount of such refunds, and in products and criteria for fixing the amount of such particular Article 6 (2), second subparagraph, and refunds, and in particular Article 6 (2), second Article 6 (3 ) thereof; subparagraph, and Article 6 (3) thereof;
Having regard to Council Regulation No Having regard to Council Regulation ( EEC ) No 123/67/EEC2 of 13 June 1967 on the common 805/68 12 on the common organisation of the market organisation of the market in poultrymeat, and in in beef and veal, and in particular Article 18 (6) particular Article 9 (3 ) thereof; thereof;
Having regard to Council Regulation No Having regard to Council Regulation (EEC) No 176/67/EEC3 of 27 June 1967 laying down general 885/68 13 of 28 June 1968 laying down general rules rules for granting export refunds on poultrymeat and for granting export refunds on beef and veal and criteria for fixing the amount of such refunds, and in criteria for fixing the amount of such refunds, and in particular Article 6 (2), second subparagraph, and particular Article 6 (2), second subparagraph, and Article 6 (3 ) thereof; Article 6 (3 ) thereof;
Having regard TO Council Regulation No Whereas Article 3 ( 1 ) of Commission Regulation No 359/67/EEC4 on the common organisation of the 1041 /67/EEC14 of 21 December 1967 on detailed market in rice, as last amended by Regulation (EEC) rules for the application of export refunds on No 1603/68 ,5 and in particular Article 17 ( 6) thereof; products subject to a single price system, as amended by Regulation (EEC) No 105 6/68 15 defines exportation from the Community in terms of leaving Having regard to Council Regulation No the geographical territory of the Community; 366/67/EEC6 of 25 July 1967 laying down general whereas, in view of the special situation of the rules for granting export refunds on rice and criteria commune of Livigno in Italy, products dispatched to for fixing the amount of such refunds, and in that commune should be regarded as having left the particular Article 6 (2), second subparagraph, and geographical territory of the Community; Article 6 (3 ) thereof:
Whereas Council Regulation (EEC) No 1496/68 16 of Having regard to Council Regulation No 27 September 1968 defined the customs territory of 1009/67/EEC7 of 18 December 1967 on the common the Community; whereas Article 3 (2) of Regulation organisation of the market in sugar, as amended by No 1041 /67/EEC should be amended to take account Regulation ( EEC) No 2100/68 ,8 and in particular of this new definition ; Article 17 (4) thereof ; Whereas it follows from Article 6 of Regulation No Having regard to Council Regulation (EEC ) No 1041 /67/EEC that refunds may be granted only for 766/68® of 18 June 1968 laying down general rules products in free circulation within the Community for granting export refunds on sugar, and in and whereas such a situation leads to certain particular Article 14 (2), second subparagraph, and difficulties ; whereas, particularly in the case of Article 14 (3 } thereof ; certain compound products or goods, the refund is fixed on the basis not of the product itself or the Having regard to Council Regulation (EEC) No goods, but on that of the basic products of which 804/68 10 of 27 "une 1968 on the common these are composed ; whereas , where the refund is fixed in this way on the basis of one or more com ponents, the fact that the component or components 1 OJ No 130, 28.6.1967, p. 2610/67. are themselves in free circulation, or are no longer 1 OJ No 117, 19.6.1967, p. 2301/67. in circulation solely as a result of incorporation in 3 OJ No 130, 28.6.1967, p. 2612/67. 4 OJ No 174, 31.7.1967, p. 1 . 5 OJ No L 253 , 16.10 1968, p. 5 . 11 OJ No L 155, 3.7.1968, p . 1 . 6 OJ No 174, 31.7.1967, p. 34. 12 OJ No L 148 , 28.6.1968, p. 24. 7 OJ No 308, 18.12.1967, p. 1 . 13 OJ No L 156, 4.7.1968, p. 2. 8 OJ No L 309, 24.12.1968, p . 4. 14 OJ No 314, 23.12.1967, p. 9. 9 OJ No L 143, 25.6.1968, p . 6. 15 OJ No L 179, 25.7.1968, p. 28 . 10 OJ No L 148, 28.6.1968, p. 13 . 16 OJ No L 238, 28.9.1968, p. 1 .
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other products, is sufficient reason for granting the circumstances that rule should be made more relevant refund or part refund; flexible ;
Whereas exports of very small quantities of products Whereas the measures provided for in this Regulation or goods are of no economic interest and are likely to are in accordance with the Opinions of the increase the work of the competent authorities to no Management Committees for Oils and Fats, for useful purpose; whereas refunds should not be Cereals, for Pigmeat, for Poultrymeat and Eggs, for granted for such transactions ; Sugar, for Milk and Milk Products, and for Beef and Veal ; Whereas the first subparagraph of Article 3 of Commission Regulation No 284/67/EEC1 of 11 July 1967 on certain detailed rules for the application of HAS ADOPTED THIS REGULATION : export refunds on oilseeds, as last amended by Regulation (EEC) No 266/69,2 and Article 1 of Commission Regulation (EEC) No 839/68 3 of 28 Article 1 June 1968 on detailed rules for granting export refunds on sugar, make different provisions from The following shall be substituted for Article 3 (2) of those of this Regulation as regards exemption from Regulation No 1041 /67/EEC : refund; whereas the relevant provisions of this 'For the purposes of this Regulation : Regulation may be substituted for those applicable at present in those two sectors ; — products shall be considered to have left the geographical territory of the Community Whereas, where the rate of refund is varied according when they have left for territories which, to the destination of the exported products, it must although forming part of the geographical be proved that the product has reached the territory of a Member State, form part of the destination for which the refund was fixed ; whereas customs territory of a third country ; however, such a measure can be applied flexibly to exports products shall not be considered to have left eligible for a small refund provided that the the geographical territory of the Community transactions are such as to offer reasonable certainty when sent to territories which, although that the exported goods or products will reach their forming part of the geographical territory of a destination ; third country, form part of the customs territory of the Community ; Whereas Article 4 (4) of Council Regulation (EEC) — the territory of the commune of Livigno shall No 204/694 of 28 January 1969 laying down general be considered not to form part of the rules for granting export refunds on certain geographical territory of the Community. 1 agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds, Article 2 provides for the refund being varied according to destination ; whereas, therefore, Articles 8 and 12a of Regulation No 1041/67/EEC should be amended; The following shall be substituted for Article 6 of Regulation No 1041/67/EEC : Whereas, pending a Community ruling on payment ' 1 . A refund shall be granted only on products of the refund in case of bonding for export, the which, disregarding the packaging, are in free authorisation in Article 11 of Regulation No circulation within the Community. 1041 /67/EEC should be further extended ; When compound products or goods qualifying for a refund fixed on the basis of one or more of Whereas Article 10 (2 ) of Regulation No their components are exported, that refund shall 1041/67/EEC provides for a time limit for claiming be granted only to the extent that the component payment of the refund, and whereas that provision or components on the basis of which the refund gives rise to difficulties in cases of force majeure, was applied for are in free circulation within the particularly where the time limit cannot be complied Community . This provision shall also apply when with owing to administrative delays for which the the component or components on the basis of party concerned is not responsible ; whereas in such which the refund is applied for were in free circulation within the Community and are no longer in circulation solely due to their 1 OJ No 151 , 13.7.1967, p. 6. incorporation in other products . 2 OJ No L 37, 13.2.1969 , p . 6 . 3 OJ No L 151 , 30.6.1968, p . 47. 2 . No refund shall be granted for products or 4 OJ No L 29, 5.2.1969, p . 1 . goods which are not of sound and fair marketable
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quality in the form in which they are exported or Commission which shall without delay inform the for products or goods intended for human other Member States thereof.' consumption, if their characteristics or condition exclude or substantially impair their use for that purpose.' Article S
The following third paragraph shall be added to Article 3 Article 8 of Regulation No 1041 /67/EEC :
The following Article 6a shall be added to '3 . Where a transaction is the subject of an Regulation No 1041 /67/EEC : export declaration eligible for a refund not exceeding 200 units of account and offering 'Article 6a reasonable certainty that the products in question will reach their destination, Member States may exempt the party concerned from submitting the No refund shall be granted unless the amount proofs required by paragraph 1 other than the applicable to a transaction which has been the transport document.' subject of an export declaration is greater than 10 units of account Article 6 This provision shall not apply to the transactions listed in Article 2 .' The following shall be substituted for the third indent of Article 9 ( 1 ) of Regulation No 1041 /67/EEC : Article 4 '— repayment of that advance plus 15% in cases The following shall be substituted for Article 8 ( 1 ) of where, six months after the day on which the Regulation No 1041 /67/EEC : customs export formalities were completed, the proof referred to in Article 3 has been 'For the application of the first subparagraph of furnished, but where the proof referred to in Article 7 ( 2) of Regulation No 139/67/EEC, the Article 8 ( 1 ), if that Article is applicable to first subparagraph of Article 5 (2) of Regulation the transaction in question , has not been No 142/67.- EEC, the first subparagraph of Article furnished .' 8 (2) of Regulation No 171/67/EEC, the first subparagraph of Article 6 (2) of Regulations No 175/67/EEC, No 176/67/EEC and No Article 7 177/67/EEC, the second subparagraph of Article 8 (3 ) of Regulation No 194/67/EEC, the first The following shall be substituted for Article 10 (2) subparagraph oi Article 6 (2) of Regulation No of Regulation No 1041 /67/EEC : 366/67/EEC, the first subparagraph of Article 14 (2) of Regulation (EEC) No 766/68 , the first 'The time limit for claiming payment of the subparagraph cf Article 6 (2) of Regulations refund shall be 6 months following the day on ( EEC) No 876 /68 and ( EEC ) No 886/68 , the first which the customs export formalities were subparagraph of Article 6 (4) of Regulation ( EEC) completed except in cases of force majeure.' No 1052/68 and Article 4 (4) of Regulation (EEC) No 204/69 , the party concerned must submit one copy of the transport document and, at the Article 8 discretion of ths competent national authorities, one or more of the following documents In the first subparagraph of Article 11 of Regulation certifying arrival in the country of destination or No 1041 /67/EEC, '30 September 1969 ' shall be for the use in question : substituted for '31 December 1968 '.
a copy of the customs or port document made out in the country of destination, a certificate Article 9 issued by the official services of one of the Member States established in that country, a certificate by an international control and In Article 12a of Regulation No 1041 /67/EEC 'The surveillance company. The competent national provisions of Articles 1 to 6a and 8 to 12 of this authorities may recognise other documents as Regulation . . .' shall be substituted for 'The equivalent and may require additional forms of provisions of Articles 1 to 6 and 9 to 12 of this proof. They shall forthwith so inform the Regulation . .
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Article10¶
The first subparagraph of Article 3 of Regulation No This Regulation shall enter into force on the third 284/67/EEC and Article 1 of Regulation (EEC) No day following its publication in the Official Journal 839/68 are hereby repealed . of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 17 March 1969.
For the Commission The President
Jean REY