31970R0570

Official Journal of the European Communities 163

No L 70/4 Official Journal of the European Communities 27.3.70

REGULATION (EEC) No 570/70 OF THE COMMISSION

of 26 March 1970

laying down detailed rules for the advance fixing of export refunds on eggs

THE COMMISSION OF THE EUROPEAN COM­ Whereas, for the system of the advance fixing of MUNITIES , export refunds to be correctly applied, advance fixing certificates should include certain minimum detailed rules for lodging applications for a certificate ; Having regard to the Treaty establishing the European Economic Community; Whereas Article 5a (2) of Regulation No 175/67/EEC specifies that the issue of an advance fixing certificate Having regard to Council Regulation No is subject to the lodging of a deposit; whereas the 122/67/EEC1 of 13 June 1967 on the common amount of the deposit may be determined on the organisation of the market in eggs, as last amended basis of possible price alterations during the time by Regulation (EEC) No 436/70 2 and in particular limit allowed ; Articles 9 (3 ) and 15 thereof; Whereas the deposit guarantees an obligation to export to the specified country or countries of Whereas Council Regulation No 175/67/EEC3 of 27 destination during the period of validity of the June 1967 laid down general rules for granting certificate ; whereas the deposit is forfeited, in whole export refunds on eggs and criteria for fixing the or in part, if this obligation is not fulfilled or is only amount of such refunds ; whereas that Regulation partially fulfilled ; whereas the provisions to be was supplemented by Council Regulation (EEC) No applied in this connection should be specified, in 437/704 of 10 March 1970 as regards general rules particular in cases where the obligations incurred are for the advance fixing of export refunds on eggs ; not fulfilled for reasons of force majeure;

Whereas, in accordance , with Article 5a ( 1 ) of Whereas, if the advance fixing system is to be Regulation No 175/67/EEC, the refund shall be correctly administered, the Commission must have a granted under the advance fixing system subject to constant supply of information available ; the submission of an advance fixing certificate issued by Member States to any applicant irrespective of the Whereas the measures provided for in this Regulation place of his establishment in the Community ; are in accordance with the Opinion of the whereas conditions for the drawing up and the use of Management Commitee for Poultrymeat and Eggs ; that certificate should be defined ;

HAS ADOPTED THIS REGULATION : Whereas, in view of international trade practice in egg products, a certain margin should be allowed in Article 1 respect of the quantitiy of products exported in relation to the quantity indicated in the certificate; 1 . The advance fixing certificate referred to in Article 5a of Regulation No 175/67/EEC, hereinafter Whereas the period of validity of advance fixing called the 'certificate', shall oblige the holder to certificates may be determined on the basis of the export the net quantity of the specified product to normal delivery period in trade in egg products ; the specified country or countries of destination during the period of validity of the certificate.

1 OJ No 117, 19.6.1967, p. 2293/67. 2. Where the quantity exported exceeds the 2 OJ No L 55, 10.3.1970, p . 1 . quantity shown on the certificate by not more than 3 OJ No 130, 28.6.1967, p. 2610/67. 5% , it shall be considered to have been duly 4 OJ No L 55, 10.3.1970, p . 2. exported under that certificate.

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3 . Where the quantity exported is less than the (a) where the application was lodged at the offices of quantity shown on the certificate by not more than the competent agency, the day on which it was 5% , the obligation to export shall be considered as lodged, provided that this was a working day for fulfilled . that agency and that the application was lodged not later than 15.30 hours ;

Article 2 (b) where the application was sent by letter or telex to the competent agency, the day on which the The rights and obligations devolving from the application was received at that agency, provided certificate are not transferable . that it was received not later than 15.30 hours ;

(c) where the application was sent by telegram to the Article 3 competent agency, the day on which it was received at that agency, provided that the telegram was accepted at the transmitting 1 . Subject to the provisions of paragraph 2, the telegraph office not later than 15.30 hours, and certificate shall be valid from the date of issue until that it reached the competent agency before the end of the sixth month following that in which it 17.00 hours . was issued .

2. Applications for certificates which arrive either 2. In the case of exportation on the basis of an invitation to tender, the certificate shall be valid from on a non-working day for the competent agency or the date of issue until the date on which the on a working day for that agency but after the times obligations devolving from the award under the referred to in paragraph 1 shall be deemed to have invitation to tender are due to be fulfilled . been lodged on the first working day following the day of their receipt. The following shall be considered as invitations to tender : non-confidential invitations from State Applications for certificates which are sent by agencies of third countries or from international telegram in accordance with paragraph 1 ( c) and organisations governed by public law to submit, arrive after 17.00 hours, shall be considered to be within a set time limit, tenders, acceptance of which is invalid, unless the applicant specifies in the telegram decided by those agencies' or organisations . that, in the event of its late arrival, he intends to apply for advance fixing of the refund on the first working day following receipt of the telegram. Article 4 Applications sent by telegram accepted at the transmitting telegraph office after 15.30 hours shall Until Community forms for the certificates are drawn be considered as having been lodged on the first up, Member States may use their own printed forms working day following the day of their receipt, even which, without prejudice to the provisions laid down though it may have reached the competent authority in other Regulations, Directives or Decisions , shall before 17.00 hours. contain all the details listed in Article 5 .

3 . During the period when Summer Time is in Article 5 force in Italy, the time limits laid down in this Article shall be understood in that Member State to be one Each certificate shall state : hour later. ( a) the name and address of the applicant; Article 7 (b) description of the product to be exported and indication of the tariff sub-heading within which it falls ; 1 . The amount of the deposit, which is required for the issue of the certificate, shall be as fixed in the (c) quantity of the products, expressed in net weight; Annex to this Regulation . (d) rate or rates of the refund, according to the The deposit shall be lodged in the form of a country or countries of destination ; guarantee satisfying the criteria laid down by each (e) final date of validity of the certificate. Member State.

The deposit must be lodged and the competent Article 6 authority notified thereof in writing not later than 17.00 hours on the day on which the application 1 . The day on which the application for the for the certificate was made, within the meaning of certificate was lodged shall be understood to be : Article 6.

Official Journal of the European Communities 165

2. The deposit shall be refunded : of the certificate is to be extended for the period of time required in view of the circumstances invoked. ( a) once a quantity equal to 95% at least of the net quantity indicated in the certificate has been 2. "Where the competent authority accepts a given exported during the period of validity of the circumstance constituting a case of force majeure, it certificate to the specified country or countries of shall immediately notify the Commission thereof. destination ;

(b ) in respect of the quantity for which the tenderer 3 . Where a' circumstance deemed to constitute a does not submit a sucessful tender. case of force majeure and relating to the country of destination is invoked, such circumstances can be accepted only if the country of destination was 3 . Subject to the provisions of Article 8 , where the notified in time to the competent authority, before obligation to export has been fulfilled only in respect the circumstance constituting the case of force of a part of the net quantity indicated in the majeure occurred . Notification of the country of certificate, the deposit shall be forfeited in proportion destination shall be considered to have been made in to the amounts fixed in the Annex, as applied to an time if, at the time of the notification, the appearance overall quantity equal to the difference between : of the case of force majeure could not have been foreseen . ( a) 95% of the net quantity indicated in the certificate, and 4. The exporter shall, by means of appropriate (b) the net quantity exported. documents, supply proof of the circumstances deemed to constitute a case of force majeure. However, where the net quantity exported amounts to less than 5% of the net quantity indicated in the Article 9 certificate, the net quantity indicated in the certificate shall be substituted for the net quantity mentioned under ( a ). Member States shall notify the Commission :

(a) of the measures taken pursuant to this Regulation ; Article 8 (b) before the tenth of each month, and initially before 10 May 1970, of the summary of 1 . Where exportation cannot be effected during certificates issued during the preceding month. the period of validity of the certificate because of circumstances deemed to constitute a case of force Article 10 majeure, the competent authority shall decide, at the request of ' the party concerned, either that the obligation to export is to be cancelled, and that the This Regulation shall enter into force on 1 April deposit is to be released, or that the period of validity 1970 .

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

Done at Brussels, 26 March 1970 .

For the Commission The President

Jean REY

166 Official Journal of the European Communities

ANNEX

CCT Amount heading Description of goods of the deposit No u. a./100 kg

04.05 Birds' eggs and yolks, fresh, dried or otherwise preserved, sweetened or not :

B. Eggs, not in shell ; egg yolks I. Suitable for human consumption (a) Eggs, not in shell 1 . Dried 5-0 2 . Other 1-5 (b) Egg yolks 1 . Liquid 2-5 2 . Frozen 2-7 v 3 . Dried • 5-0