31973R1968

No L 201 / 10 Official Journal of the European Communities 21 . 7 . 73

REGULATION (^EC) No 1968/73 OF THE COUNCIL of 19 July 1973 laying down general rules to be applied in the event of the cereals market being disturbed

THE COUNCIL OF THE EUROPEAN Article 19 of Regulation No 120/67/EEC when it COMMUNITIES, exceeds it by at least 2 % .

Having regard to the Treaty establishing the European 2. This excess shall be regarded as being likely to Economic Community ; continue where an imbalance between supply and demand is established and where this imbalance is Having regard to Council Regulation No 120/ likely to persist, having regard to foreseeable produc­ 67/EEC (1) of 13 June 1967 on the common organiza­ tion and market price trends. tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2), and in particular the second paragraph of Article 19 thereof ; 3 . The Community market shall be regarded as being disturbed or threatened with disturbance, as a Having regard to the proposal from the Commission ; result of the situation referred to in paragraphs 1 and 2, where international trade prices are so high as to Whereas Article 19 of Regulation No 120/67/EEC impede importation of products mentioned in Article provides that, when the cif price of one or more of the 2 of Regulation No 120/67/EEC into the Community, products mentioned in Article 2 of that Regulation is or provoke exportation of such products from the appreciably higher than the threshold price, and that Community, either of which situations would jeopar­ situation is likely to continue, thereby disturbing or dize supplies within the Community. threatening to disturb the Community market, the necessary measures may be taken ;

Whereas the general rules for applying these provi­ Article 2 sions, and in particular the criteria for establishing that the cif price is appreciably higher than the threshold price and for deciding whether the situation 1 . Where the conditions specified in Article 19 of is likely to continue, should be laid down ; Regulation No 120/67/EEC are met, in accordance with the criteria laid down in Article 1 , the following Whereas, to avoid disturbances on the Community measures may be taken : market, it is necessary to ensure an adequate supply of cereals ; whereas, to this end, levies could be charged — application of an export levy, which may be fixed on exports and the total or partial suspension of the by a tendering procedure, issue of export licences ; — fixing of a time limit for the issue of export Whereas it is also necessary to establish criteria for licences, calculating the export levies having regard to the economic situation ; — total or partial suspension of the issue of export licences, Whereas Community obligations to supply food aid are such that exports of products for that purpose — total or partial rejection of outstanding requests for should be excluded from this Regulation ; the issue of export licences.

2. The measures provided for in paragraph 1 may HAS ADOPTED THIS REGULATION : be taken in respect of one or more of the products listed in Article 1 of Regulation No 120/67/EEC, where this is made necessary by the market situation Article 1 and the relationship between those products.

1 . The cif price shall be regarded as appreciably 3 . The measures referred to in paragraph 1 shall be higher than the threshold price within the meaning of abrogated at the latest as soon as it is found that, for a (») OJ No 117 , 19 . 6. 1967, p. 2269/ 67. period of three consecutive week§, the condition (2) OJ No L 141 , 28 . 5.-1973 , p. 8 . referred to in Article 1 ( 1 ) is no longer fulfilled .

21 . 7. 73 Official Journal of the European Communities No L 201 / 11

Article 3 However, the export levy in force on the day on which the licence is applied for may, on application 1 . The following shall be taken into account when from the interested party be lodged at the same time the export levy is being introduced : as the application for a licence, and befdre 1 p.m. be (a) situation and trends : applied to exports to be effected during the period of validity of that licence. — for cereal prices and available quantities on the Community market, 5. No levy shall be applied to exports effected by — for cereal prices and for prices of products way of food aid under Article 22a of Regulation No falling within the cereals sector on the world 120/67/ EEC . market ; (b) the objectives of the common organization of the Article 4 market in cereals, namely to balance that market both as regards supplies and as regards trade ; 1 . Detailed rules for the application of this Regula­ tion shall be adopted in accordance with the proce­ (c) the economic aspect of the exports. dure laid down in Article 26 of Regulation No 120/ 2. The export levy : 67/EE'C. (a) for products referred to in Article 1 (a) and (b) of 2. The Decision to introduce and to abolish, for Regulation No 120/67/EEC shall be fixed on the each of the products, the measures referred to in basis of the difference between the cif price and Article 2 shall be taken in accordance with the ,same the threshold price ; procedure. (b) for the products referred to in Article 1 (c) of Regu­ lation No 120/67/EEC shall be derived from that Article 5 applicable to the basic cereal, having regard in particular to the quantity of that cereal necessary^ In an emergency the Commission may take the to manufacture the relevant products ; measures referred to in the first indent of Article 2 (1 ). (c) for the products referred to in Article 1 (d) of Regu­ It shall notify its Decision to the Member States and lation No 120/67/EEC, with the exception of shall publish it on the notice boards at its Headquar­ products falling within subheading Nos 1 1 .08 A I, ters . III, IV and V, heading No 11.09 and subheading Nos 17.02 B II, 17.05 B and 23.03 A I of the The measures shall, by virtue of such a Decision, be Common Customs Tariff, shall be derived from applied to the relevant products from the date speci­ that applicable to the basic cereals to which they fied to this end ; this day shall be subsequent to that relate by applying the coefficients set out in of notification . Annex II, Table A, to . Regulation (EEC) No 968/68 (!) and in the Annex to Regulation (EEC) Such a Decision shall apply for not more than seven No 1052/68 (2). days.

3 . Where the situation on the world market or the Article 6 specific requirements of certain markets so require, the export levy may be differentiated. This Regulation shall enter into force on the third day 4. The export levy to be charged shall be that in following that of its publication in the Official force on the day of exportation . Journal of the European Communities.

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

Done at Brussels, 19 July 1973 . For the Council

The President

J. KAMPMANN

(») OJ No L 166, 7. 7 . 1968 , p. 2. (2) OJ No L 179, 25. 7. 1968 , p. 8 .