31969R1838

Official Journal of the European Communities 395

No L 236/2 Official Journal of the European Communities 19.9.69

REGULATION (EEC) No 1838/69 OF THE COUNCIL of 16 September 1969

Laying down general rules for granting export refunds on the various added sugars in products processed from fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the Article 1 European Economic Community;

This Regulation lays down general rules for granting the export refunds referred to in Article 3 (3 ) of Having regard to Council Regulation (EEC) No Regulation (EEC) No 865 /68 . 865/681 of 28 June 1968 on the common organisation of the market in products processed from fruit and vegetables, as last amended by Regulation (EEC) No 1837/69,2 and in particular Article 3 (3 ) thereof; Article 2

1 . The refund shall be granted on exports of Having regard to the proposal from the Commission; products listed in Annex II to Regulation (EEC) No 865 /68 :

Whereas Article 3 (3 ) of Regulation (EEC) No 865/68 provides that the Council shall adopt general rules (a) which are of Community origin, for granting export refunds on the products listed in Annex II to that Regulation; ( b ) which have been imported from third countries and on which the import levy referred to in Article 2 (1 ) of that Regulation has been paid, Whereas provision should be made for the refund to provided the exporter proves : be granted not only on products of Community origin but also on products imported from and — that the product to be exported and the re-exported to third countries ; whereas, however, to product previously imported are one and the prevent speculation the grant of a refund in such same, and cases should be subject to certain conditions;

— that the levy was collected on importation. Whereas to avoid distortions of competition between Community traders, the administrative conditions 2. In the cases covered by paragraph 1 (b), the under which they operate must be identical refund on each product shall be equal to the levy throughout the Community; collected on importation where this levy is lower than the refund applicable on the day of exportation ; the refund shall be equal to the refund applicable on 1 OJ No L 153, 1.7.1968, p. 8: the day of exportation where the levy collected on 2 OJ No L 236, 19.9.1969, p. 1 . importation is higher than this refund.

396 Official Journal of the European Communities

Article3¶

The refund shall be paid upon proof: This Regulation shall enter into force on the third — that the products fulfil one or other of the two day following its publication in the Official Journal conditions set out in Article 2 ( 1 ), and of the European Communities.

— that the products have been exported from the Community. It shall apply from 1 October 1969.

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

Done at Brussels, 16 September 1969.

For the Council

The President

P. LARDINOIS