31970R2435

818 Official Journal of the European Communities

3.12.70 Official Journal of the European Communities No L 262 /3

REGULATION (EEC) No 2435 /70 OF THE COUNCIL

of 30 November 1970 amending Regulations Nos 140/67/EEC and 365 /67/EEC on rules for the advance fixing of levies on cereals, rice and broken rice

THE COUNCIL OF THE EUROPEAN COMMUNITIES, entails further consequences for the application of Article 8 of Regulations No 140/67/EEC and No Having regard to the Treaty establishing the 365 /67/EEC ; European Economic Community ; Whereas, as a result of' the amendments to Article 15 of Regulation (EEC) No 120/67/EEC and to Article Having regard to Council Regulation No 13 of Regulation No 359/67/EEC . by Regulation 120/67/EEC1 of 13 June 1967 on the common (EEC) No 2434/70, a statement of the expected organisation of the market in cereals, 'as last amended month of importation is no longer required from the by Regulation (EEC) No 2434/70,2 and in particular importer; whereas, therefore, the present provisions Article 15 (4) thereof; of Article 9 of Regulation No 140/67/EEC and of Article 9 of Regulation No 365 /67/EEC no longer Having regard to Council Regulation No serve a useful purpose ; whereas, however, the 359/67/EEC3 of 25 July 1967 on the common possibility of adopting detailed rules on the premium organisation of the market in rice, as last amended by to be applied in exceptional cases should be Regulation (EEC) No 2434/70, and in particular envisaged ; Article 13 (4) thereof;

Having regard to the proposal from the Commission ; HAS ADOPTED THIS REGULATION :

Whereas, in pursuance of Article 7 ( 1 ) of Council Article 1 Regulation No 140/67/EEC4 of 21 June 1967 on rules for the advance fixing of levies on cereals, and The following shall be substituted for Article 7 of of Article 7 ( 1 ) of Council Regulation No Regulation No 140/67/EEC : 365 /67/EEC5 of 25 July 1967 on rules for the advance fixing of levies on rice and broken rice, as 'In exceptional cases where special circumstances amended by Regulation No 1018/67/EEC,6 the scale cause considerable price fluctuations on the of premiums may be fixed at a higher level if in cereals market, which could not be foreseen in the exceptional circumstances extraneous factors provoke light of supply and demand on the world market, major price variations on the market in cereals and the premium may be fixed at a level higher than rice which could not be foreseen ; whereas the that resulting from the provisions of the preceding Articles . expression 'extraneous factors' cannot always be precisely defined and whereas there is thus a risk of The premium shall not be increased by more than having to exclude certain factors which ought also to the difference between the c.i.f. price fixed for entail the application of the provisions of these Articles ; whereas in order to eliminate this risk the each product and the last c.i.f. price fixed for each product before prices began to be affected by the expression 'extraneous factors' should be replaced special circumstances^mentioned in paragraph 1 .' by a broader concept ; whereas this amendment

Article 2 1 OJ No 117, 19.6.1967, p. 2269/67. 2 OJ No L 262, 3.12.1970, p. 1 . The- following shall be substituted for Article 7 of. 3 OJ No 174, 31.7.1967, p. 1 . Regulation (EEC) No 365/67 : 4 OJ No . 125, 26.7.1967, p. 2456/67. 5 OJ No 174, 31.7.1967, p. 32. 'In exceptional cases where special circumstances 6 OJ No 311 , 21.12.1967, p. 12. cause considerable price fluctuations on the rice

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market, which could not be foreseen in the light adopted as necessary, in accordance with the of supply and demand on the world market, the procedure laid down in Article 26 of Regulation premium may be fixed at a level higher than that No 120/67/EEC .' resulting from the provisions of the preceding Articles . 2. The following shall be substituted for Article 9 The premium shall not be increased by more than of Regulation (EEC) No 365/67/EEC : the difference for each product between the c.i.f. price and the last c.i.f. price before the prices 'Rules regarding the premium from the scale laid began to be affected by the special circumstances down to be applied in exceptional cases shall be mentioned in paragraph 1 became apparent.' adopted as necessary, in accordance with the procedure laid down in Article 26 of Regulation No 120/67/EEC .' Article 3

1 . The following shall be substituted for Article 9 Article 4 of Regulation No 140/67/EEC : 'Rules regarding the premium from the scale laid This Regulation shall enter into force on 1- January down to be applied in exceptional cases shall be 1971 .

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

Done at Brussels, 30 November 1970.

For the Council

The President

H. D. GRIESAU