31971R1426

466 Official Journal of the European Communities

7.7.71 Official Journal of the European Communities No L 151 /3

REGULATION (EEC) No 1426/71 OF THE COUNCIL of 2 July 1971

laying down general rules for granting export refunds on products processed from fruit and vegetables and criteria for fixing the amount of such refunds

THE COUNCIL OF THE EUROPEAN COMMUNITIES , exportation should be used as a basis for determining prices within the Community ;

Having regard to the Treaty establishing the Whereas provision should be made for the possibility European Economic Community ; of varying the amount of the refunds according to the destination of the products, since special conditions Having regard to Council Regulation (EEC ) No apply to imports in certain countries of destination ; 865 /68 1 of 28 June 1968 on the common organisation of the market in products processed from fruit and Whereas , to avoid .distortions of competition, the vegetables, as last amended by Regulation (EEC) No administrative conditions to which transactions are 1425 /71 ,2 and in particular Article 3 ( a) thereof; subject must be indentical throughout the Community ; Having regard to the proposal from the Commission;

Whereas the export refunds provided for in Article 3 HAS ADOPTED THIS REGULATION : ( a) , of Regulation (EEC) No 865/68 must be fixed in accordance with certain criteria which would make it Article 1 possible to cover the difference between prices within the Community for products processed from fruit This Regulation lays down general rules for fixing and vegetables and prices ruling in international and granting export refunds on the products listed in trade ; whereas to this end the supply situation and Article 1 of Regulation (EEC) No 865/68 . prices for products processed from fruit and vegetables within the Community and, also, the price situation in international trade must be taken into Article 2 account ; The following shall be taken into account when Whereas, given the disparity between the prices at refunds are being fixed : which products processed from fruit and vegetables are offered, costs incurred in placing those products on the market must be taken into account if the ( a) the existing situation and future trends with regard to : difference between the prices in international trade and those ruling in the Community is to be covered; — prices and availabilities on the Community market of products processed from fruit and Whereas, if price trends are to be noted, prices must vegetables ; be determined in accordance with general principles ; — prices ruling in international trade; whereas, to that end, prices on third country markets and offer prices at the Community frontier should be taken into account when prices in international trade (b) minimum marketing and transport costs from the are being determined ; whereas the ruling prices which Community markets to ports or other points of appear most favourable from the point of view of export in the Community, as well as costs incurred in placing the products on the markets of the countries of destination ; 1 OJ No L 153 , 1.7.1968 , p . 8 . 2 OJ No L 151 , 7.7.1971 , p . 1 . (c) the economic aspect of the proposed exports.

Official Journal of the European Communities 467

Article3¶

1 . When prices on the Community market are 1 . The refund shall be paid upon proof: being determined, account shall be taken of the — that the products have been exported from the ruling prices which are most favourable from the Community, and point of view of exportation. — that the products are of Community origin. 2. The following shall be taken into account 2. Where Article 4 applies, the refund shall be paid when prices in international trade are being determined : under the conditions laid down in paragraph 1 provided it is proved that the product has reached the destination for which the refund was fixed. ( a) prices ruling on third country markets ;

Exceptions may be made to this rule in accordance ( b ) the most favourable prices in third countries of with the procedure referred to in paragraph 3 , destination for third country imports ; provided conditions are laid down which offer equivalent guarantees. (c) producer prices recorded in exporting third countries ; 3 . Additional provisions may be adopted in accordance with the procedure laid down in Article ( d) offer prices at the Community frontier. 15 of Regulation (EEC) No 865 /68 .

Article6¶

This Regulation shall enter into force on the third Where the situation in international trade or the day following its publication in the Official Journal specific requirements of certain markets make this of the European Communities. necessary, the refund for the Community on a given product may be varied according to destination. It shall apply from 15 July 1971 .

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

Done at Brussels, 2 July 1971 .

For the Council

The President M. FERRARI-AGGRADI