31971R1391

406 Official Journal of the European Communities

No L 145 /44 Official Journal of the European Communities 1.7.71

REGULATION (EEC) No 1391 /71 OF THE COMMISSION

of 30 June 1971

amending Regulation (EEC) No 2637/70 on special detailed rules for the application of the system of import and export licences and , advance fixing certificates for agricultural products

THE COMMISSION OF THE EUROPEAN COM­ amended by Regulation (EEC) No 1253/70, and in MUNITIES, particular Article 17 (4) thereof;

Whereas, for milk and milk products, Regulation Having regard to the Treaty establishing the (EEC) No 2637/70 10 of 23 December 1970 on special European Economic Community ; detailed rules for the application, of the system of import and export licences and advance fixing Having regard to Council Regulation No certificates for agricultural products, as last amended 120/67/EEC1 of 13 June 1967 on the common by Regulation (EEC) No 952/71 ,11 laid down special organisation of the market in cereals, as last amended detailed rules for the application of the system of by Regulation ( EEC ) No 2434/70,2 and in particular export licences to invitations to tender in respect of Article 16 . ( 6 ) thereof ; milk products opened by armed forces stationed in the territory of a Member State but not coming under Having regard to Council Regulation No its flag ; whereas similar provisions with regard to 122/67/EEC3 of 13 June 1967 on the cpmmon advance fixing certificates should be made to apply organisation of the market in eggs, as last amended to basic products to be delivered under the tendering by Regulation (EEC ) No 436/70,4 and in particular procedure to such armed forces in the form of certain Article 9 (3 ) thereof; goods not covered by Annex II to the Treaty;

Whereas the Dutch text of Article 36 and the German Having regard " to Council Regulation No text of Articles 55 and 56 of Regulation (EEC) No 359/67/EEC5 of 25 July 1967 on the common 2637/70 contain errors which should be rectified ; organisation of the market in rice, as last amended by Regulation (EEC) No 1-056/71,® and in particular Whereas the provisions laid down in this Regulation Article 17 ( 6 ) thereof; are in accordance with- the Opinions of the Management Committees for Cereals, for Having regard to Council Regulation No Poultrymeat and Eggs, for Sugar, and for Milk and 1009/67/EEC7 of 18 December 1967 on the common Milk Products : organisation of the market in sugar, as last amended by Regulation (EEC) No 1060/71 ,8 and in particular HAS ADOPTED THIS REGULATION : Article 17 (4 ) thereof;

Having regard to Council Regulation ( EEC ) No Article 1 804/689 of 27 June 1968 on the common organisation The following subparagraph shall be added to Article of the market in milk and milk products, as last 54 of Regulation ( EEC) No 2637/70 :

'( c) Where the provisions of Article 55a are 1 OJ No 117, 19.6.1967, p. 2269/67. applied, in section 12, in addition to the 2 OJ No L 262, 3.12.1970, p . 1 . information given under ( a), the net weight 3 OJ No 117, 19.6.1967, p. 2293/67. of the goods, for which tenders are invited 4 OJ No L 55, 10.3.1970, p . 1 . corresponding to the target quantity of the 5 OJ No 174, 31.7.1967, p. 1 . basic product entered in section 10.' 8 OJ No L 115, 27.5.1971 , p . 12 . . 7 OJ No 308 , 18.12.1967, p. 1 . 8 OJ No L 115 , 27.5.1971 , p . 16 . ,(> OJ No L 283 , 29.12.1970, p . 15 . n OJ No L 148 , 28.6.1968 , p . 13 . 11 OJ No L 103 , 8.5.1971 , p . 11 .

Official Journal of the European Communities 407

Article 2 3 . In cases where the quantity for export proves greater than the target quantity, one or The following Article 55 a shall be added to more supplementary certificates shall, at the Regulation (EEC) No 2637/70 : request of the party concerned, be issued by the authority which issued the original certificate. ' 1 . Where the conditions of an invitation to The supplementary certificate shall contain the tender opened by armed forces stationed in the same details as the original certificate except with territory of a Member State but not coming under regard to the quantity and the date of issue. its flag, fix only approximately the quantity of Furthermore, section 2 shall contain one of the goods to be supplied, since the quantity that will following endorsements : in fact be supplied can be determined only at the end of the delivery period provided for in the — " certificat complémentairc" invitation to tender, the certificate relating to the — "Zusatz-Vorausfestsetzungsbescheinigung" basic product exported in the form of such goods shall be issued for the quantity corresponding to — " Titolo complementare" the quantity of such goods approximately fixed under the terms of the invitation to tender and — "Aanvullend certificaat" called the target quantity. In that case one of the ( supplementary certificate) following endorsements shall be made in Section 12 of the application for the certificate and of the 4 . Where the definitive quantity is less than the certificate itself : target quantity mentioned in the original certificate and, where applicable, in the — " quantite indicative" supplementary certificate or certificates, the — "Richtmenge" security corresponding to the balance shall be released . — " quantitá indicativa" — "geschatte hoeveelheid" 5 . The provisions of the first subparagraph of Article 16 (2) of Regulation (EEC) No 1373 /70 — ( target quantity) shall not apply to the certificates referred to in this Article .' The certificate shall be used only up to that quantity . Article 3

1 . In the Dutch text of Article 36 ( 1 ) of Regulation The obligation to export is fulfilled when the (EEC) No 2637/70 ' . . . de werkelijk te leveren quantity of the basic product, corresponding to hoeveelheid . . .' shall be substituted for ' . . . de the quantity of goods (called the definitive quantity) fixed for supply by the agency inviting werkelijk geleverde hoeveelheid . . .'. tenders, has been exported. The parties concerned 2 . In the German text of Articles 55 and 56 of shall submit the relevant evidence to the authority issuing the certificate. Regulation (EEC) No 2637/70 'Vorausfestset­ zungsbescheinigung' shall be substituted for ' Lizenz'. 2. Section 13 of the application for the certificate and of the certificate itself shall state Article 4 the destination . The certificate shall make it obligatory to export to that destination . This Regulation shall enter into force on 1 July 1971 .

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

Done at Brussels, 30 June 1971 . For the Commission

The President

Franco M. MALFATTI