31970R0957

278 Official Journal of the European Communities

28.5.70 Official Journal of the European Communities No L 115 / 1

REGULATION . (EEC) No 957/70 OF THE COUNCIL of 26 May 1970

laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds

THE COUNCIL OF THE EUROPEAN COMMUNITIES , prices recorded in third countries and Community free-at-frontier offer prices . should be taken into Having regard to the Treaty establishing the account when prices in international trade are being European Economic Community ; determined; whereas the most advantageous export prices should be taken as a basis in determining Community prices ; Having regard to Council Regulation (EEC) No 816/701 of 28 April 1970 laying down additional Whereas provision must be made for varying the provisions for the common organisation of the amount of the refund according to the destination of market in wine, and in particular Article 10 ( 1 ) and the products, since special conditions apply to (3 ) thereof; imports in certain countries of destination;

Having regard to the proposal from the Commission; Whereas, to ensure Community exporters some stability in the amount of the refund and with regard to the list of products eligible for a refund, it should Whereas export refunds on products subject to the be possible for the refunds to be fixed at intervals common organisation of the market in wine should be fixed in accordance with certain criteria which based on trade practices ; would , make it possible to cover the difference Whereas, to avoid distortions of competition, the between prices for those products within the administrative system to which traders are subject Community and in international trade; whereas to must be identical throughout the Community ; this end the supply ' situation and prices for those products within the Community and the price HAS ADOPTED THIS REGULATION : situation on the world market must be taken into account ; Article 1 < Whereas the granting of refunds may be limited to 1 . This Regulation lays down rules for fixing and exports of certain of the products listed in Article granting export refunds on the products listed in 1 (2) of Regulation (EEC) No 816/70; whereas it Article 1 (2) of Regulation (EEC) No 816/70. should be limited to the products listed in Article 1 (2) (a) and (b) of that Regulation because of their 2. Refunds may be granted only for the following special economic importance ; products :

Whereas, given the difference in the prices at which CCT heading • Description of goods the products in question are offered, account should No be taken of costs of shipment in order to cover the difference between the prices ruling in international (a) . 22.04 Grape must, in fermentation or with trade and those within the Community ; fermentation arrested otherwise than by the addition of alcohol 22.05 Wine of fresh grapes ; grape must Whereas prices must be determined in accordance with fermentation arrested by the with certain principles to enable price trends to be addition of alcohol noted; whereas to this end prices on third country markets and in countries of destination , producer (b ) 08.04 A II Fresh grapes other than table grapes ex 22.10 Edible wine vinegars 1 OJ No L 99, 5.5.1970, p . 1 .

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Article2¶

The following shall be taken into • account when The intervals at which the list of products for which refunds are being fixed : a refund^ is actually granted are to be fixed and the amount at which that refund is to be fixed shall be (a) the existing situation and future trends with determined according to the procedure provided for regard to : in Article 7 of Regulation No 241 on the progressive establishment of a common organisation of the — prices and availabilities of the products listed market in wine. in Article 1 (2) on the Community market ; — world market prices for those products : Article 6 (b ) the most advantageous marketing and transport costs from the Community markets to the ports 1 . The refund shall be paid upon proof: or other export points of the Community, as well as the costs of shipment to the country of (a) that the products have been exported from the destination; Community; and

(c) the objectives of the common organisation of the (b) that the products are of Community origin, market in wine, which are to ensure stability for except where Article 7 applies. the market and a natural development in respect of prices and trade; 2. Where Article 4 applies the refund shall be paid (d) the need to avoid disturbances which might lead under the conditions laid down in paragraph 1 of this to an imbalance between supply and demand on Article, provided it is proved that the product has the Community market; and been used for the purpose or has reached the destination for which the refund was fixed . (e) the economic aspect of the proposed exports. Exceptions may be made to this rule in accordance with the procedure referred to in paragraph 3 of this Article, provided equivalent conditions are laid down . Article 3

1 . t Community market prices shall be determined 3 . Additional provisions may be adopted in on the basis of the most advantageous export prices . accordance with the procedure laid down in Article 7 of Regulation No 24.

2 . The following shall be taken into account when the prices in international trade are being determined : Article 7

( a ) prices , recorded on third country markets ; No export refund shall be granted , on products listed in Article 1 (2 ) which are imported from third (b) the most advantageous prices in third countries countries and re-exported to third countries, unless of destination for third country imports ; the exporter proves :

.(c) producer prices recorded in exporting third ( a) that the product to be exported and the product countries, account being taken, where previously imported are one and the same , and appropriate, of subsidies granted by those countries; and (b) that customs duties and, where appropriate, the countervailing charge have been collected on ( d) free-at-Community-frontier offer prices. importation .

In such cases the refund on each product shall be Article 4 equal to customs duties and the countervailing charge collected on importation where the sum of these two "Where the international trade situation or the specific requirements of certain markets make this necessary, the Community refund may be varied according to the use or destination of a specific product. * OJ No 30, 20.4.1962, p. 989/62.

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levies is lower than the refund applicable on the day Article 8 of exportation ; the refund shall be equal to the refund applicable on the day of exportation where This Regulation shall enter into force on 1 June that sum is higher than this refund . 1970 .

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

Done at Brussels , 26 May 1970 .

For the Council

The President Ch . HÉGER

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