31971R1604

584 Official Journal of the European Communities

27.7.71 Official Journal of the European Communities No L 168 / 11

REGULATION (EEC) No 1604/71 OF THE COMMISSION of 26 July 1971 on detailed rules for the application of an export levy on starches in under Article 2 (2) of Regulation No 371/67/EEC

THE COMMISSION OF THE EUROPEAN COM­ Whereas in order that the calculation of the export MUNITIES , levy should be as up to date as possible, it should be based on price factors valid during the week Having regard to the Treaty establishing the preceding that of fixing; whereas it should be European Economic Community ; allowed to remain in force for one week only so that it may be adjusted to any world market price Having regard to Council Regulation No fluctuations ; 120/67/EEC1 of 13 June 1968 on the common organisation of the market in cereals, as last amended Whereas there must be provision for determining the by Regulation (EEC) No 1528/712 ; date for the application of the rate of the levy and the Member State which is to collect the levy ; whereas, Having regard . to Council Regulation No, to this end, the rules adopted for other agricultural 371/67/EEC3 of 25 July 1967 fixing production exports should be followed ; refunds on starches and quellmehl , as last amended by Regulation (EEC) No 2273 /70,4 and in particular Whereas the measures provided for in this Regulation Article 5 (c) thereof; are in accordance with the Opinion of the Management Committee for Cereals ; Whereas Article 2 (2) of Regulation No 371 /67/EEC provides that if world market prices for maize or commom wheat appreciably and persistently exceed HAS ADOPTED THIS REGULATION : 6-80 units of account, and export levy may be introduced so as not to disturb third country markets ; Article 1 Whereas, if the import levy on the basic product is more than 0-30 units of account/ 100 kilograirynes The export levy provided for in Article 2 (2) of less than the amount of the production refund and if Regulation No 371 /67/EEC shall be fixed for the this situation continues for at least a fortnight, the products referred to in that Article if the world conditions required by Article 2 (2) of Regulation market price for maize or common wheat exceeds No 371/67/EEC for the introduction of an export­ 6-80 units of account in the conditions listed in the levy may be considered as fulfilled; following Articles.

Whereas, in order to determine this export levy, if the abovementioned situation continues ; the method for Article 2 . calculating the levy should be laid down ; whereas, to that end, fixed rates should be adopted on similar lines to those in force for calculating the import levy 1 . An export levy shall be introduced when it is found that the import levy on maize or common and the export refund on products processed from wheat is at least 0:50 units of account/ 100 cereals and from rice ; kilogrammes . less than the amount of the production refund valid in the current month and that the 1 OJ No 117, 19.6.1967, p. 2269/67. average of the levies valid in the immediately 2 OJ No L 162 , 20.7.1971 , p . 1 . following fortnight is at least 0-30 units of 3 OJ No 174 , 31.7.1967, p. 40 . account/100 kilogrammes less than the average of the 4 OJ No L 246 , 12.11.1970 , p . 1 . production refund valid in that fortnight.

Official Journal of the European Communities 585

2 . ( a) The export levy shall be equal, per 100 2. The export levy may be fixed in advance. The kilogrammes of basic product, to the export levy on the products mentioned in Article 1 difference between the production refund shall be fixed in advance, at the request of the party valid on the day on which this export levy is concerned, when application for a licence is made, in fixed and the average of the levies applicable respect of exports to be effected during the period of on the seven days preceding the day it comes validity of that licence. In that case, the amount of into force . the levy fixed in advance shall be that which applies on the day on which application for the export (b ) This difference shall then be multiplied for the lidence is made adjusted, where necessary, for the products mentioned in Article 1 by the threshold price and the export refund on the basic coefficients relating to these products shown product which will ' be in force in the month of in column 4 of the Annex to Regulation exportation . (EEC) No 1052/68 ,1 as last amended by Regulation (EEC) No 1529/71 .2 This adjustment shall be made by increasing or reducing the export levy by the difference, per 100 The export levy shall be altered only if application of kilogrammes of basic product, between the threshold the provisions of paragraph 2 (a) entails an increase price valid in the month in which application is made or a reduction of more than 0-08 units of and that in force in the month of exportation . account/ 100 kilogrammes of basic product. These differences shall be adjusted by the coefficient Article 3 shown in column 4 of the Annex to Regulation (EEC) No 1052/68 for the products in question . The export levy shall be fixed by the Commission once a week. The export levy shall not apply to exports covered by licences applied for in the periods when the export Article 4 levy was not fixed .

1 . The rate of the export levy shall be that valid on the day on which the customs formalities specified Article 5 , in the second subparagraph under (b) of Article 8 (2) of Regulation (EEC ) No 1373 /703 are concluded. It This Regulation shall enter into force on the third shall be collected by the Member State on whose day following its publication in the Official Journal territory these formalities have been completed . of the European Communities .

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

Done at Brussels, 26 July 1971 .

For the Commission The President Franco M. MALFATTI

1 OJ No L 179, 25.7.1968 , p. 8 . 2 OJ No L 162, 20.7.1971 , p . 11 . 3 OJ No L 158 , 20.7.1970, p . 1 .