31973R1796

5 . 7. 73 No L 183/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1796/73 OF THE COMMISSION of 29 June 1973 amending Regulation (EEC) No 1373/70 on common detailed rules for the appli­ cation of the system of import and export licences and advance fixing certifi­ cates for agricultural products subject to a single price system

THE COMMISSION OF THE EUROPEAN Having regard to Council Regulation No 142/ COMMUNITIES, 67/EEC (7) of 21 June 1967 relating to export refunds for colza, rape and sunflower seeds, as last amended by Regulation (EEC) No 2429/72 (8), and in particular Having regard to the Treaty establishing the European Article 6 thereof ; Economic Community ; Having regard to Council Regulation No 171 / 67/EEC (9) of 27 June 1967 on the refunds and levies Having regard to Council Regulation No 136/ 66/EEC (1) of 22 September 1966, on the establish­ applicable to the export of olive oil, as last amended ment of a common organization of the market in oils by Regulation (EEC) No 2429/72, and in particular Article 1 1 thereof ; and fats, as last amended by the Act relating to the Conditions of Accession and the Adjustments to the Treaties (2), hereinafter called 'the Act', and in par­ Having regard to Council Regulation No 359/ ticular Articles 16 (2), 17 (3), 18 (3) and 28 (3) thereof ; 67/EEC (10) of 25 July 1967 on the common organiza­ tion of the markets in rice, as last amended by the Act, and in particular Articles 1 0 (2), 1 3 (5), 1 7 (6) and Having regard to Council Regulation No 162/ 25 thereof ; 66/EEC (3) of 27 October 1966, on trade in oils and fats between the Community and Greece, and in par­ Having regard to Council Regulation No 1009/ ticular Article 8 thereof ; 67/EEC of 18 December 1967 (n) on the common organization of the market in sugar, as last amended by Regulation (EEC) No 1014/73 (12), and in particular Having regard to Council Regulation No 120/ Articles 11 (2), 15 (5), 17 (4) and 38 ; 67/EEC (4) of 13 June 1967 on the organization of the markets in cereals, as last amended by the Act, and in particular Articles 1 2 (2), 1 5 (5), 1 6 (6) and 24 thereof ; Having regard to Council Regulation No 804/68 (13) of 27 June 1968 on the common organization of the market in milk and milk products, as last amended by Having regard to Council Regulation No 122/ the Act, and in particular Articles 1 3 (3), 1 7 (4) and 28 67/EEC (5) of 13 June 1967 on the common organiza­ thereof ; tion of the markets in eggs, as last amended by the Act, and in particular Articles 9 (3) and 1 5 thereof ; Having regard to Council Regulation (EEC) No 805/68 ( H) of 27 June 1968 on the common organiza­ tion of the market in beef and veal, as last amended Having regard to Council Regulation No 123/ by Regulation (EEC) No 187/73 (15), and in particular 67/EEC (6) of 13 June 1967 on the common organiza­ Articles 1 2 (a) (2), 1 5 (3) and 25 ; tion of the markets in meat and poultry, as last amended by the Act, and in particular Article 9 (3) (7) OJ No 125, 26. 6. 1967, p. 2461 /67. and Article 1 5 thereof ; (») OJ No L 264, 23 . 11 . 1972, p. 1 . (9) OJ No 130, 28 . 6. 1967, p. 2600/67. (') OJ No 172, 30 . 9 . 1966, p. 3025/66. ( 10) OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 73, 27. 3 . 1972, p. 14. (») OJ No 308 , 18 . 12. 1967, p. 1 . (3) OJ No 197, 29 . 10. 1966, p. 3393/66. (") OJ No L 106, 20. 4. 1973, p. 1 . (4) OJ No 117, 19 . 6. 1967, p. 2269/67. (13 ) OJ No L 75, 28 . 3 . 1968, p. 4. (5) OJ No 117, 19 . 6. 1967, p. 2293/67. ( 14) OJ No L 148 , 28 . 6. 1968 , p. 24. 6) OJ No 117, 19 . 6. 1967, p. 2301 /67. (> 5 ) OJ No L 25, 30 . 1 . 1973, p. 23 .

No L 183/2 5 . 7 . 73 Official Journal of the European Communities

Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 865/68 (1) of 28 June 1968 on the common organiza­ are in accordance with the Opinion of the Manage­ tion of the market in products processed from fruit ment Committees for Oils and Fats, for Cereals, for and vegetables, as last amended by the Act, and in Poultrymeat and Eggs, for Sugar, for Milk and Milk particular Articles 5 (3), 6 (3) and 1 3 thereof ; Products, for Beef and Veal, for Processed Fruit and Vegetables and for Wine ; Having regard to Council Regulation (EEC) No 816/70 (2) of 28 April 1970 laying down additional provisions for the common organization of the market HAS ADOPTED THIS REGULATION : in wine, as last amended by the Act, and in particular Article 8 (3) thereof ;

Whereas the rules relating to the various sectors Article 1 comprised in the common organization of markets provide in respect of applications for levies or refunds In Articles 5, 6 and 7 of Regulation (EEC) No that if the levy or refund prevailing on the day on 1373/70 , the words ' 16.00 hours' and ' 17.30 hours' are which the licence application is lodged is to apply, replaced by ' 13.00 hours' and ' 14.30 hours' respec­ applications for levies or refunds must be lodged at tively. the same time as the licence applications and before 1 p. m . Article 2 Whereas in order to simplify administrative proce­ dures it is desirable to apply the same rule with The following paragraph is added to Article 7 (a) of respect to the hour by which applications for licences Regulation (EEC) No 1373/70 ; which are to be issued without advance fixing of the levy or refund are to be lodged ; whereas Commission 'However, where amounts expressed in units of Regulation (EEC) No 1373/70(3) of 10 July 1970 on account are converted into pounds sterling or Irish common detailed rules for the application of the pounds, the reference to the first two decimal system of import and export licences and advance places in the foregoing paragraph shall be replaced fixing certificates for agricultural products subject to a by a reference to not more than the first four single price system, as last amended by Regulation decimal places. The fourth decimal place shall be rounded off in the same manner as the second (EEC) No 571 /73 (4) should therefore be adapted accordingly ; decimal place.'

Whereas Article 7 (a) of Regulation (EEC) No 1373/70 provides that when the amounts resulting from the Article 3 conversion of units of account into national currency are entered on licence applications, only the first two 1 . Paragraphs 2 and 3 of Article 17 of Regulation decimal places are to be given ; (EEC) No 1373/70 are replaced by the following para­ graphs : Whereas, since the unit values of the pound sterling and of the Irish pound are higher than the unit values '2. An applicant shall supply appropriate docu­ of the currencies of the other Member States, more mentary proof that this tender has been accepted. than two decimal places should be given so as to prevent distortion when converting into pounds If within 21 days the applicant does not notify the sterling and Irish pounds ; licensing agency of the outcome of the tendering procedure or produce appropriate - documentary Whereas it is necessary for administrative reasons to proof to that agency that the closing date for the limit to four the number of decimal places given submission of tenders has been deferred, the when converting into the two abovementioned curren­ licence shall not be issued and the security shall cies ; be forfeit.

Whereas where an export licence and advance fixing If the closing date for the submission of tenders is of the refund are applied for under Article 17 of Regu­ deferred lation (EEC) No 1373/70 in connection with an invita­ tion to tender in an importing third country, the — by not more than 5 days, the application shall conditions governing applications for and issue of remain valid and the period referred to in the such licence must be more stringent ; preceding paragraph for notifying the outcome of the tendering procedure shall be reckoned from the new closing date for the submission (>) OJ No L 153 , 1 . 7. 1968 , p. 8 . of tenders ; (2) OJ No L 99, 5. 5. 1970, p. 1 . (3) OJ No L 158 , 20 . 7. 1970, p . 1 . — by more than 5 days, the application is no (4) OJ No L 56, 1 . 3 . 1973 , p. 3 . longer valid and the security shall be released.

5 . 7 . 73 No L 183/3 Official Journal of the European Communities

3 . The provisions of paragraphs 1 and 2 shall 2. Paragraphs 5 and 6 as follows are added to apply only if the interested party has submitted an Article 17 of Regulation (EEC) No 1373/70 : application for a licence accompanied by an appli­ ' 5 . The Member States shall communicate to cation for advance fixing of the refund for the the Commission forthwith the particulars required third country inviting tenders and specifies under paragraph 3 (a), (b) and (c). therein : 6. Exceptional measures may be adopted in (a) the closing date for submission of tenders ; special cases in accordance with the procedure laid (b) the importing third country and the agency down in Article 26 of Regulation No 120/67/EEC issuing the invitation to tender ; on the common organization of the market in cereals, or, as the case may be, in corresponding (c) the total quantity covered by the invitation to tender. Articles of other Regulations on the common organization of markets.' This application for a licence my not be submitted Article 4 more than fifteen days before the closing date for the submission of tenders. The applicant shall This Regulation shall enter into force on the third day produce appropriate documents showing the parti­ following its publication in the Official Journal of culars required under (a), (b) and (c)\ the European Communities.

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

Done at Brussels, 29 June 1973 .

For the Commission

The Président

François-Xavier ORTOLI