31970R0489

148 Official Journal of the European Communities

18.3.70 Official Journal of the European Communities No L 62/ 1

REGULATION (EEC) No 489/70 OF THE COUNCIL of 17 March 1970

amending Regulation (EEC) No 204/69 laying down general rules for granting export refunds on certain 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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the proposal from the Commission;

Having regard to the Treaty establishing the Whereas the regulations on the common organisation European Economic Community; of the markets referred to above provide that, where it is necessary to allow the agricultural products in Having regard to Council Regulation No question to be exported in the form of certain 120/67/EEC1 of 13 June 1967 on the common processed goods not listed in Annex II to the Treaty, organisation of the market in cereals, as last amended on the basis of the world market quotations or prices by Regulation (EEC) No 2463/69,2 and in particular for those products, the difference between such Article 16 (5 ) thereof; quotations or prices and the prices within the Community may be covered by an export refund ; Having regard to Council Regulation No 122/67/EEC3 of 13 June 1967 on the common Whereas Article 4 ( 4) of Council Regulation (EEC) organisation of the market in eggs, as last amended No 204/6910 of 28 January 1969 laying down general by Regulation (EEC) No 436/70,4 arid in particular rules for granting export refunds on certain the fourth subparagraph of Article 9 (2) thereof; . agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the Having regard to Council Regulation No 359/675 of criteria for fixing the amount of such refunds, as last 25 July 1967 on the common organisation of the amended by Regulation (EEC ) No 2463 /69, provides market in rice, as last amended by Regulation (EEC) for the possibility of varying such refunds according No 2463/69, and in particular Article 17 (5 ) thereof; to destination only in respect of exports of caseins and caseinates ; whereas, account being taken of the Having regard to Council Regulation No 1009/67® of specific requirements of certain markets ' for 18 December 1967 on the common organisation of the ovalbumin, such possibility should be extended to market in sugar, as last amended by Regulation , this commodity ; (EEC) No 2485/69,7 and in particular the fifth subparagraph of Article 17 (2) thereof; Whereas, under Article 5 (2) of Regulation (EEC) No 204/69, eggs and egg products falling within Having regard to Council Regulation (EEC) No sub-headings Nos 04.05 A I (b) and ex 04.05 B I of 804/688 of 27 June 1968 on the common organisation the Common Customs Tariff respectively are of the market in milk products, as last amended by excluded from the system for fixing the rate of the Regulation (EEC) No 2622/69,9 and in particular refund in advance; whereas the reason for this Article 17 (3 ) thereof; provision was the fact that Regulation No 122/67/EEC has not, until now, provided for the 1 OJ No L 117, 19.6.1967, p. 2269/67. possibility of fixing the rate of the refund in advance 2 OJ No L 312, 12.12.1969, p. 3 . for exports of these basic products; whereas that 3 OJ No 117, 19.6.1967, p. 2293/67. possibility was provided for by Council Regulation 4 OT No L 55, 10.3.1970, p. 1 . (EEC) No 436/70 of 6 March 1970 supplementing 5 OJ No 174, 31.7.1967, p . 1 . Regulation No 122/67/EEC with regard to the 6 . OJ No 308, 18.12.1967, p . 1 . advance fixing of export refunds on eggs ; 7 OJ No L 314, 15.12.1969, p. 6. 8 OJ No L 148 , 28.6.1968, p . 13 . 9 OJ No L 328, 30.12.1969, p . 8 . OJ No L 29, 5.2.1969, p . 1 .

Official Journal of the European Communities 149

Whereas, in order to provide Community exporters Regulation No 122/67/EEC, in respect of with a certain safeguard as regards the stability of the basic products listed in Annex A falling within refunds required for exports of products falling sub-heading No 04.05 A I (b) which are within sub-heading No 04.05 A I (b) of the Common exported in the form of ovalbumin falling Customs Tariff in the form of ovalbumin, provision within sub-heading No ex 35.02 A II (a) of the should be made for the system for fixing the rate of Common Customs Tariff. the refund in advance, laid down in Regulation ( EEC) No 204/69, to be applied henceforth to the Where the rate of the refund is fixed in advance exports in question, in accordance with the procedure in a case where the refund is granted only on the laid down in Article 17 of Regulation No application of the party concerned, the rate 122/67/EEC. applicable on the day on which application was made for the certificate referred to ' in Article 6 Whereas an error has occurred in the German and shall be applied to an export to be effected during Dutch texts of Article 9 of Regulation (EEC ) No the period of validity of that certificate.' 204/69 and this error should be corrected :

Article3¶

1 . With effect from 1 April 1969, the German text Article 1 of Article 9 of Regulation (EEC) No 204/69 shall be amended to the following: The following shall be substituted for Article 4 (4) of Regulation (EEC) No 204/69 : 'Die Erstattung nach Artikel 1 Absatz 1 für die dort gefaßten Erzeugnisse wird nicht gewahrt bei 'Where world trade in casein falling within Waren, die gemäß Artikel 10 Absatz 1 des sub-heading No 35.01 A, in caseinates falling Vertrages in den freien Verkehr gebracht worden within sub-heading No 35.01 C, or in ovalbumin sind und unverarbeitet oder nach Verarbeitung falling within sub-heading No 35.02 A II (a) of ausgeführt werden.' the Common Customs Tariff or the specific requirements of certain markets so require, the refund on such goods may be varied according to 2. With effect from 1 April 1969, the Dutch text of . destination .' Article 9 of Regulation (EEC) No 204/69 shall be amended to the following: Article 2 'De restitutie, bedoeld in artikel 1 , lid 1 , voor de aldaar genoemde produkten, wordt niet verleend The following shall be substituted for the first voor goederen die overeenkomstig artikel 10, lid subparagraph of Article 5 (2) of Regulation (EEC) 1 , van het Verdrag in het vrije verkeer zijn No 204/ 69 : gebracht en die, hetzij in onverwerkte toestand, hetzij na verwerking worden uitgevoerd.' 'However, the rate of the refund : — shall be fixed in advance in respect of the basic products listed in Annex A not falling Article 4 within sub-headings No 04.05 A I (b) or ex 04.05 B I of the Common Customs Tariff; This Regulation shall enter into force on the third — may be fixed in advance, in accordance with day following its publication in the Official Journal the procedure laid down in Article 17 of of the European Communities .

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

Done at Brussels, 17 March 1970 . For the Council The President Ch. HÉGER