31970R0437

138 Official Journal of the European Communities

No L 55 /2 Official Journal of the European Communities 10.3.70

REGULATION (EEC) No 437/70 OF THE COUNCIL

of 6 March 1970 supplementing Regulation No 175/67/EEC as regards general rules for the advance fixing of export refunds on eggs

THE COUNCIL OF THE EUROPEAN COMMUNITIES , deposit which would be forfeited if the goods are not exported within the period of validity of the Having regard to the Treaty establishing the certificate ; European Economic Community ;

Having regard to Council Regulation No HAS ADOPTED THIS REGULATION : 122/67/EEC1 - of 13 June 1967 on the common organisation of the market in eggs, as last amended Article 1 by Regulation (EEC) No 436/70,2 and in particular the fourth subparagraph of Article 9 (2) thereof; The following shall be substituted for Article 5 of Regulation No 175 /67/EEC : Having regard to the proposal from the Commission ; 'Article 5 Whereas Council Regulation (EEC) No 436/70 of 6. March 1970 made it possible to fix export refunds in 1 . The list of products on which an export advance; refund is granted and the amount of such refund shall be fixed at least once every three months . Whereas it is therefore necessary to supplement Council Regulation No 175/67/EEC3 of 27 June 1967. 2. The refund shall be that applicable on the laying down general rules for granting export refunds day of exportation. and criteria for fixing the amount of such refunds by general rules for the advance fixing of export 3 . However, for the products listed in Article refunds ; 1 ( 1 ) (b) of Regulation No 122/67/EEC, as amended in that respect by Regulation (EEC) No Whereas it is only necessary to fix refunds in advance 803 /68 ,4 it may be decided that the refund can be in certain cases ; whereas any decision to do so should fixed in advance on request. In that case, the be taken in accordance with Article 17 of Regulation refund applicable on the day on which an application for the certificate referred to in Article No 122/67/EEC ; 5a is lodged shall be applied to exports effected during the period of validity of that certificate.' Whereas the possibility of fixing refunds in advance makes it necessary to take steps in each case which will ensure that exports correspond to the application Article 2 lodged; whereas, to that end, each applicant should receive a certificate requiring the goods in question to The following Article 5 a shall be inserted in be exported within a given period; Regulation No 175/67 EEC :

Whereas, in order to avoid abuses, the issue of such 'Article 5a certificates should be conditional on the lodging of a 1 . The grant of the refund under the conditions provided for in Article 5 (3 ) shall be subject to 1 OJ No 117, 19.6.1967, p. 2293/67. 2 OJ No L 55, 10.3.1970, p. 1 . 3 OJ No 130, 28.6.1967, p. 2610/67. 4 OJ No L 151, 30.6.1968, p. 23 .

Official Journal of the European Communities 139

submission of an advance fixing certificate issued 2. The issue of the advance fixing certificate by Member States to any applicant irrespective of shall be conditional on the lodging of a deposit the place of his establishment in the Community. guaranteeing that exportation is effected during the period of validity of the certificate; the deposit shall be forfeited in whole or in part if From a date to be fixed by the Council, acting on exportation is not effected, or is only partially a proposal from the Commission in accordance effected, within that period.' with the voting procedure laid down in Article 43 (2) of the Treaty, and from 1 July 1970 at the latest, the advance fixing certificate shall be valid Article 3 in respect of exports from the Community. Until that date, such certificates shall be valid only in This Regulation shall enter into force on the third respect of exports from the Member State which day following its publication in the Official Journal issued them. of the European Communities.

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

Done at Brussels, 6 March 1970.

For the Council

The President

P. HARMEL