31973R0404

16. 2 . 73 Official Journal of the European Communities No L 44/5

REGULATION (EEC) No 404/73 OF THE COMMISSION of 15 February 1973 fixing the corrective amount applicable to the refund on cereals

THE COMMISSION OF THE EUROPEAN pect of each month for which the export licence is COMMUNITIES, valid, on the cif price calculated on the basis of Having regard to the Treaty establishing the Euro­ offers for shipment during the month of export­ pean Economic Comunity ; ation ; Whereas the corrective amount so fixed will be al­ Having regard to Council Regulation No 120/67/EEC (*) of 13 June 1967 on the common tered if application of the calculation procedure organization of the market in cereals, as last amen­ described above entails a change in that amount of more than 0.125 units of account ; ded by the Act (2) annexed to the Treaty (3) on the Accession of new Member States to the European Whereas however Article 2 of Regulation No Economic Community and the European Atomic 633/67/EEC provides that the corrective amount Energy Community, signed at Brussels on 22 January applicable to the amount of the refund fixed in 1972, and in particular the third sentence of the first advance on exports to be effected after the third subparagraph of Article 16 (4) thereof ; month following that during which the licence was Having regard to the Opinion of the Monetary issued should be fixed on the basis of foreseable Committee ; market trends ; whereas to this end account should be taken of availabilities and foreseeable trends on Whereas Article 16 (4) of Regulation No 120/67/ EEC provides that the export refund appli­ the Community market and of forward trends on cable to cereals on the day on which application the world market, in particular on those markets for an export licence is made, adjusted for the whose specific requirements have made it necessary threshold price in force during the month of ex­ to vary the refund ; portation must be applied on request to exports to Whereas, if the levy system is to operate normally, be effected during the period of validity of the ex­ levies should be calculated on the basis of an port licence ; whereas, in this case, a corrective exchange rate which is based, in the case of currencies amount must be applied to the refund ; which are floating or whose central rate differs from Whereas Regulation No 633/67/EEC (4), as last the official parity, on the effective rate or the amended by Regulation (EEC) No 1461 /72 ( 5), lays central rate of these currencies and, in the case of down detailed rules for the advance fixing of the the US dollar, on the change in parity announced export refund on cereals ; on 13 February 1973 ; Whereas that Regulation provides that the refund Whereas it follows from applying all these pro­ applicable on the day on which application for a visions that the corrective amount must be fixed as export licence is made must when the refund is shown in the Table annexed to this Regulation ; fixed in advance, be reduced by not more that the Whereas the measures provided for in this Regula­ difference between the cif forward delivery price tion are in accordance with the Opinion of the and the cif price where the former exceeds the Management Committee for Cereals ; latter by more than one unit of account per metric ton ; whereas, on the other hand, the refund must HAS ADOPTED THIS REGULATION : be increased by not more than the difference be­ Article 1 tween the cif price and the cif forward delivery price where the former exceeds the latter by more The corrective amount referred to in Article 16 (4) than one unit of account per metric ton ; of Regulation No 120/67/EEC which is applicable to export refunds fixed in advance in respect of Whereas the cif price is that determined in ac­ cereals is hereby fixed as shown in the Table an­ cordance with Article 13 of Regulation No nexed to this Regulation . 120/67/EEC ; whereas the cif forward delivery Article 2 price is that determined in accordance with Article 3 (2 ) of Regulation No 140/67/EEC (6 ), as amended This Regulation shall enter into force on 16 February by Regulation ( EEC ) No 2435 /70 (7 ), based , in res- 1973 .

( x ) OJ No 117, 19. 6. 1967, p . 2269/67. (2) OJ No L 73 , 27. 3 . 1972, p . 14 . (3) OJ No L 73 , 27. 3 . 1972, p . 5 . (4) OJ No 233 , 28 . 9 . 1967, p . 9 . (5) OJ No L 155, 11. 7. 1972, p . 35 . («) OJ No 125 , 26. 6. 1967, p . 2456/67 . (7) OJ No L 262 , 3 . 12 . 1970, p . 3 .

No L 44/6 Official Journal of the European Communities 16 . 2 . 73

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

Done at Brussels, 15 February 1973 . For the Commission P. J. LARDINOIS Member of the Commission

ANNEX

to the Commission Regulation of 15 February 1973 fixing the corrective amount applicable to the refund on cereals (u.a. / ton 1

1st 2nd 3rd 4th 5th 6th CCT Current period period period period period period heading Description of goods No 2 3 4 5 6 7 8

10.01 A Common wheat, and mes­ lin 10.01 B Durum wheat 10.02 Rye 10.03 Barley 10.04 Oats 10.05 B Maize other than hybrid maize for sowing 10.07 C Grain sorghum

NB : The zones are those defined in the Annex to Regulation ( EEC) No 941 /72 ( OJ No L. 107, 6 . 5 . 1972).