31972R2689

70 Official Journal of the European Communities

27.12.72 Official Journal of the European Communities No L 289/41

REGULATION (EEC) No 2689/72 OF THE COUNCIL of 12 December 1972 supplementing Regulation No 176/67/EEC as regards general rules for the advance fixing of export refunds on poultrymeat

THE COUNCIL OF THE EUROPEAN COMMUNI­ Whereas , in order to avoid abuse, the issue of TIES, such certificates should be conditional upon the lodging of a deposit which shall be forfeited if the goods are not exported within the period of Having regard to the Treaty establishing the validity of the certificate; European Economic Community; Whereas , for the different products covered by Having regard to Council Regulation No a common organisation of the market, in the 123/67/EEC1 of 13 June 1967 on the common interest of stable trading conditions , provision organisation of the market in poultrymeat, as has been made for the advance fixing of the last amended by Regulation (EEC) No 2688/72 ,2 and in particular the fourth subparagraph of levy or the export refund; whereas , however, Article 9 (2) thereof; experience has shown that in certain circum­ stances and, in particular, in cases of abnormal Having regard to the proposal from the resort to this system by the persons concerned, Commission; there was a threat of difficulties on the market in question; Whereas Council Regulation (EEC) No 2688/72 of 12 December 1972 supplementing Regulation Whereas , in order to remedy such a situation it No 123/67/EEC on the advance fixing of must be possible for measures to be taken export refunds on poultrymeat has made it rapidly; whereas' therefore, provision should be possible to fix export refunds in advance in this made for the Commission to adopt such sector ; measures after, receiving the Opinion of ' the Management Committee or, in cases of urgency, Whereas it is therefore necessary to supplement without waiting for the latter to meet; Council Regulation No 176/67/EEC3 of 27 June laying down general rules for granting export refunds and criteria for fixing the amount of such refunds by rules for the advance fixing HAS ADOPTED THIS REGULATION : of export refunds ;

Whereas it is only necessary to fix refunds in Article 1 advance in certain cases ; whereas any decision to do so should be taken in accordance with Article 17 of Regulation No 123/67/EEC; The following shall be substituted for Article 5 of Regulation No 176/67/EEC: Whereas the possibility of fixing refunds in advance makes it necessary to take steps to C 1 . The list of products on which an ensure that in each case the exports are carried export refund is granted and the amount of out as stated in the application; whereas , to such refund shall be fixed at least once that end, each applicant should receive a every three months . certificate requiring the goods Un question to be exported within a given period; 2 . The amount of the refund shall be that applicable on the day of exportation.

3 . However, it may be decided upon 1 OJ No 117, 19.6.1967, p . 2301/67. request that the refund can be fixed in 2 OJ No L 289 , 27.12.1972, p . 40 . 3 OJ No 130, 28.6.1967, p. 2612/67, advance. In that case the export refund

Official Journal of the European Communities 71

applicable on the day on which the appli­ Article 2 cation for the certificate is lodged shall be applied, if the party concerned so requests The following Article 5a shall be inserted in at the same tine as the application for the Regulation No 176/67/EEC: certificate is made (the request to be made ' 1 . The grant of the refund under the not later thar_ 13.00 hours), to exports conditions provided for in Article 5 (3) effected during the period of validity of the certificate. shall be subject to submission of an advance fixing certificate issued by Member States to 4 . When examination of the market any applicant irrespective of the place of his situation shows that there are difficulties establishment in the Community . due to the application of the provisions The certificate of advance fixing shall be concerning the advance fixing of the export valid throughout the Community. refund, or that such difficulties may occur, a decision may be taken, in accordance 2 . The issue of the certificates of advance with the procedure laid down in Article 17 fixing shall be conditional upon the lodging of Regulation No 122/67/EEC, to suspend of a deposit guaranteeing that exportation the application of these provisions for the shall be carried out within the period of period strictly necessary . validity of the certificate, if the operation is not carried out, or is only partially carried In cases of extreme urgency, the Commission out within that period , the deposit shall be may, after examination of the situation, forfeited in whole or in part.' decide on the basis of all the information available to it tD suspend advance fixing for a maximum of three days . Article 3 Applications fo:: certificates accompanied by applications for advance fixing lodged This Regulation shall enter into force on the during the period of suspension shall be third day following its publication in the rejected.' 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