31972R2686

66 Official Journal of the European Communities

27.12.72 Official Journal of the European Communities No L 289/37

REGULATION (EEC) No 2686/72 OF THE COUNCIL of 12 December 1972 supplementing Regulation No 177/67/EEC on the general rules for the advance fixing of export refunds on pigmeat

THE COUNCIL OF THE EUROPEAN COMMUNI­ the lodging of a deposit which shall be forfeited TIES, if the goods are not exported within the period of validity of the certificate; Having regard to the Treaty establishing the Whereas , for the different products covered by European Economic Community; a common organisation of the market, in the Having regard to Council Regulation No interest of stable trading conditions , provision 121 /67/EEC1 of 13 June 1967 on the common has been made for the advance fixing of the organisation of the market in pigmeat, as last levy or the export refund; whereas, however, amended by Regulation (EEC) No 2685/72,2 , experience has shown that in certain circum­ and in particular Article 15 (4) thereof; stances and, in particular, in cases of abnormal resort to this system by the persons concerned, Having regard to the proposal from the Com­ there was a threat of difficulties on the market mission; in question; Whereas Council Regulation (EEC) No 2685/72 Whereas, in order to remedy such a situation of 12 December 1972 supplementing Regulation it must be possible for measures to be taken No 121/67/EEC on the advance fixing of rapidly; whereas , therefore, provision should export efunds on pigmeat enabled refunds in the be made for the Commission to adopt such sector concerned to be fixed in advance; measures after receiving the Opinion of the Whereas it is therefore necessary to supplement Management Committee or, in cases of urgency, Council Regulation No 177/67/EEC3 of without waiting for the latter to meet; 27 June 1967 laying down general rules for granting export refunds on pigmeat and criteria for fixing the amount of such refunds, HAS ADOPTED THIS REGULATION : with rules for the advance fixing of export refunds ; Whereas it is only necessary to fix refunds in Article 1 advance in certain cases ; whereas such a decision should be taken in accordance with Article 24 of Regulation No 121/67/EEC; Article 5 of Regulation No 177/67/EEC shall be replaced by the following: Whereas the possibility of fixing refunds in advance makes it necessary to take steps to ' 1 . The list of products on which an ensure that in every case the exports are export refund is granted and the amount of carried out as stated in the application; whereas such refund shall be fixed at least once every to that end, each applicant should receive a three months . certificate requiring the goods in question to 2 . The amount of the refund shall be be exported within a given period; that applicable on the day of exportation. Whereas, in order to avoid abuse the issue of such certificates should be conditional upon 3 . However, it may be decided upon request, that the refund be fixed in advance. In such a case, the export refund applicable on the day on which the application for the 1 OJ No 117, 19.6.1967, p . 2283/67. 2 OJ No L 132, 18.6.1971 , p. 1 . certificate is lodged, shall be applied, if the s OJ No 130, 28.6.1967, p. 2614/67. party concerned so requests at the same

Official Journal of the European Communities 67

time as the application for the certificate '1 . The granting of the refund under the is made (the request to be made not later conditions laid down in Article 5 (3) shall than 13.00 hours), to exports effected during be conditional on the presentation of a the period of validity of the certificate. certificate of advance fixing issued by 4 . When examination of the market Member States to applicants , irrespective situation shows that there are difficulties of their place of establishment in the Com­ due to the application of the provisions munity. concerning the advance fixing of the export refund, or that such difficulties may occur, Such certificates shall be valid throughout a decision may be taken, in accordance the Community. with the procedure laid down in Article 24 of Regulation No 121/67/EEC, to suspend 2 . The issue of a certificate of advance the application of these provisions for the fixing shall be conditional upon the lodging period strictly necessary. of a deposit guaranteeing that the export­ In cases of extreme urgency, the Commission ation shall be carried out within the period may, af er examination of the situation, of validity of the certificate; if the operation decide on the ^asis of all the information is not carried out, or only partially carried available to it to suspend advance fixing for out, within that period the deposit shall be a maximum of three days . forfeited in whole or in part .' Applications for certificates accompanied by application for advance fixing lodged during the period of suspension shall be Article 3 rejected.' Article 2 This Regulation shall enter into force on the The following Article 5 (a) shall be inserted in third day following its publication in the Regulation No 177/67/EEC: Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 12 December 1972. For the Council The President

P. LARDINOIS