31973R2632

No L 272/ 18 Official Journal of the European Communities 29 . 9 . 73

REGULATION (EEC) No 2632/73 OF THE COUNCIL of 28 September 1973 amending Regulation (EEC) No 1968/73 laying down general rules to be applied in the event of the cereals market being disturbed

THE COUNCIL OF THE EUROPEAN levy should be subject solely to the criteria governing COMMUNITIES, export arrangements ;

Having regard to the Treaty establishing the Whereas Regulation (EEC) No 1968/73 for processed European Economic Community ; products derived from cereals provides for an export levy based on the levy for basic products ; whereas such a criterion does not fully take account of the Having regard to Council Regulation No 120/67/ requirements and characteristics of the market for EEC (*) of 13 June 1967, on the common these products; whereas it would be advisable for organization of the market in cereals, as last amended the criteria for fixing export levies for these products by Regulation (EEC) No 1346/73 (2 ), and in to be more flexible , particular Article 19 (2 ) thereof;

HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ;

Article 1 Whereas Article 19 of Regulation No 120/67/EEC lays down that the necessary measures may be taken when the cif price of one or more cereals is The text of Article 2 ( 1 ) first indent of Regulation appreciably higher than the threshold price; (EEC) No 1968 /73 is replaced by the following text : Whereas Council Regulation (EEC ) No 1968 /73 (3 ) of 19 July 1973 , which defines the general rules to '— application of an export levy ; further a be applied in the case of the cereals market being special levy for an export may be the subject disturbed, laid down measures which may be taken of a tendering procedure in respect of a fixed pursuant to the abovementioned Article 19 ; whereas quantity,' one of the measures which may be taken is the application of an export levy ; Article 2 Whereas by Regulation (EEC) No 1968/73 , the export levy may be subject to tendering procedures ; Article 3 ( 1 ) and (2 ) of Regulation (EEC ) No 1968 /73 whereas, for the purpose of facilitating better market are replaced by the following : management there are grounds for envisaging within the framework of these tendering procedures, the ' 1 . The following shall be taken into account possibility of retaining a special export levy for a when an export levy is being fixed for products fixed quantity; referred to in Article 1 (a) and (b) of Regulation No 120 /67/EEC : Whereas the cif price is among the criteria to be taken into consideration when fixing an export levy for ( a ) situation and trends : basic products ; whereas it has become clear that the cif price, as defined in the provisions governing — for cereal prices and available quantities the import arrangements, and as used for articulating on the Community market ; the measures outlined in Regulation (EEC ) No 1968 /73 , is not a suitable criterion for dealing with —v for cereal prices and for prices of a deficit situation ; whereas, consequently, in order products falling within the cereals sector to continue an export policy which will be adequate on the world market ; in this situation and will be in accordance with the requirements of the market, it is necessary that the ( b ) the objectives of the common organization of the market in cereals, namely to balance (>) OJ No 117, 19. 6. 1967, p . 2269/67. ( 2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . that market both as regards supplies and ( 8) OJ No L 201 , 21 . 7. 1973 , p. 10. as regards trade ;

29 . 9 . 73 Official Journal of the European Communities No L 272/ 19

( c ) the need to avoid disturbances on the — the decision to institute the measures referred Community market ; to in Article 2 and to discontinue the measures referred to in the second and third indent of (d) the economic aspect of the exports . Article 2 ( 1 ) shall be taken,

2 . The factors referred to in paragraph 1 shall — the export levy shall be fixed at regular apply when fixing an export levy for the products intervals . fixed in Article 1 (c) and (d) of Regulation 120/67/EEC, except for products within tariff 3 . If necessary, the Commission may institute headings 11.08 A I, III, IV and V, 11.09 and or modify the export levy.' subheadings 17.02 B II, 17.05 B and 23.03 A I of the Common Customs Tariff. In addition the following specific factors shall be taken into account : Article 4

( a ) prices paid for cereals on the various The first subparagraph of Article 5 0 ) of Regulation Community markets ; ( EEC) No 1968 /73 is replaced by the following :

(b) amount of cereals required to manufacture 'In an emergency the Commission may take the those products, and, where appropriate, the measures referred to in the third and fourth value of by products ; indents of Article 2 ( 1 ). It shall notify its decision to the Member States and shall publish it on ( c) possibilities and conditions of sale on the the notice boards at its Headquarters .' world market of those products .' The final subparagraph of Article 5 of Regulation (EEC) No 1968 /73 shall be replaced by the following : Article 3 ' The decision on the measures referred to in the Article 4 of Regulation (EEC ) No 1968 /73 is replaced third indent of Article 2 ( 1 ) shall be applicable by the following : for a period not exceeding 7 days.'

' 1 . Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 26 of Regu­ Article 5 lation No 120/ 67/EEC . This Regulation shall enter into force on the day 2. Following the same procedure and for each following its publication in the Official Journal of product the European Communities.

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

Done at Brussels, 28 September 1973 .

For the Council

The President

lb FREDERIKSEN