31971R0165

Official Journal of the European Communities 35

29.1.71 Official Journal of the European Communities No L 23 / 1

REGULATION (EEC) No 165 /71 OF THE COUNCIL of 26 January 1971

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the Community and prices ruling on exportation should be used as a basis in determining Community Having regard to the Treaty establishing the prices ; European Economic Community ; Whereas provision must be made for varying the Having regard to Council Regulation ( EEC ) No amount of the refund according to the destination of 2142/701 of 20 October 1970 on the common the products, in view of the special conditions which organisation of the market in fishery products, and in apply to imports in certain countries of destination ; particular Article 21 (3 ) thereof; Whereas fish caught by Community producers is of Having regard to the proposal from the Commission ; Community origin even if it is landed in ports situated outside the customs territory of the Whereas Article 21 ( 1 ) of Regulation (EEC) No Community; whereas, however, to make verification 2142/70 allows an export refund to be fixed, to the possible, refunds should be granted only in respect of extent necessary to enable economically important fish landed in ports situated within the customs exports of the products listed in Article 1 (2) of that territory of the Community as defined by Regulation Regulation to be effected; (EEC) No 1496/682 ;

Whereas export refunds on products subject to the Whereas to ensure Community exporters some common organisation of the market in fishery stability in the amount of the refund and certainty products must be fixed in accordance with certain with regard to the list of products eligible for a criteria which would make it possible to cover the refund, it should be possible for the list and the difference between prices for those products within amounts to remain valid for a relatively long period, the Community and those ruling in international which would be determined in accordance with trade, while respecting the general aims of the normal trade practice ; common organisation ; whereas to this end the supply situation and prices for those products within the Whereas to avoid distortions of competition between Community and prices ruling in international trade Community traders, the administrative conditions must be taken into account; whereas provision under which they operate must be identical should be made for the possibility of any coefficients throughout the Community; whereas there is no that may be fixed being taken into account when the justification for granting a refund where the products amount of the refund on fishery products is being in question are imported from third countries and calculated ; re-exported to third countries ; Whereas if price trends are to be noted prices must HAS ADOPTED THIS REGULATION : be determined in accordance with general principles ; whereas to this end prices on third country markets Article 1 and in countries of destination, producer prices recorded in third countries and free-at-Communi­ ty-frontier prices should be taken into account when This Regulation lays down general rules for fixing prices on the world market are being determined; and granting export refunds on the products listed in whereas prices ruling on the representative markets Article 1 (2 ) of Regulation (EEC) No 2142/70 .

1 OJ No L 236, 27.10.1970, p . 5 . 2 OJ No L 238 , 28.9.1968 , p . 1 .

36 Official Journal of the European Communities

Article2¶

The following shall be taken into account when The list of products on which an export refund is refunds are being fixed : granted and the amount of such refund shall be fixed at least once every three months . ( a) the existing situation and the future trend with regard to : — prices and availabilities of fishery products on Article 6 the Community market; — prices for fishery products on the world No refund shall be granted on products of market; Community origin which are landed, direct from the ( b ) the aims of the common organisation of the fishing grounds, in ports situated outside the market in fishery products, which are to ensure customs territory of the Community. equilibrium and the natural development of prices and trade on this market; Article 7 ' ( c) the minimum marketing and transport costs from Community markets to ports or other points of export in the Community, as well as costs 1 . The refund shall be paid upon proof: incurred in placing the goods on the markets of the countries of destination and — that the products have been exported from the Community, and ( d ) the economic significance of' the proposed ex­ — that the products are of Community origin. ports . Article 3 2. "Where Article 4 applies, the refund shall be paid under the conditions laid down in paragraph 1 of this Article, provided it is proved that the product has 1 . When prices on the Community market are reached the destination for which the refund was being determined, account shall be taken of the fixed . ruling prices which are most favourable from the exportation point of view. Exceptions may be made to this rule in accordance with the procedure referred to in paragraph 3 of this Article, provided conditions are laid down which 2 . The following shall be taken into account when offer equivalent guarantees. prices on the world market are being determined; ( a) prices ruling on the markets of the main 3 . Additional provisions may be adopted in importing third countries ; accordance with the procedure laid down in Article (b) producer prices recorded in the main exporting 29 of Regulation (EEC) No 2142/70 . third countries ; and (c) free-at-Community-frontier prices . Article 8

Article 4 This Regulation shall enter into force on the the day following its publication in the Official Journal of Where the world market situation or the specific the European Communities. requirements of certain markets make this necessary, the refund may be varied according to the destination The system provided for in this Regulation shall of the products in question. apply from 1 February 1971 .

This Regulation shall be binding in its entirety and . directly applicable in all Member States . Done at Brussels, 26 January 1971 .

For the Council The President

M. COINTAT