31973R2737

9 . 10 . 73 Official Journal of the European Communities No L 282/ 13

REGULATION (EEC) No 2737 /73 OF THE COUNCIL of 8 October 1973 laying down general rules to be applied in the event of the rice market being disturbed

THE COUNCIL OF THE EUROPEAN Article 21 of Regulation No 359/67/EEC when it COMMUNITIES, exceeds it by at least 2 % .

Having regard to the Treaty establishing the European Economic Community ; 2. This excess shall be regarded as being likely to continue where an imbalance between supply and Having regard to Council Regulation No 359/ demand is established and where this imbalance is 67/EEC ( 1 ) of 25 July 1967 on the common organiza­ likely to persist having regard to foreseeable produc­ tion of the market in rice, as last amended by the Act tion and market price trends. of Accession (2), and in particular the second para­ graph of Article 21 (2) thereof ; 3 . The Community market shall be regarded as Having regard to the proposal from the Commission ; being disturbed or threatened with disturbance, as a result of the situation referred to in paragraphs 1 and Whereas Article 21 of Regulation No 359/67/EEC 2, where international trade prices are so high as to provides that, when the cif price of one or more of the impede importation of products mentioned in Article products mentioned in Article 16 ( 1 ) of that Regula­ 1 ( 1 ) (a) and (b) of Regulation No 359/67/EEC into tion is appreciably higher than the threshold price, the Community, or provoke exportation of such and that situation is likely to continue, thereby products from the Community, either of which situa­ disturbing or threatening to disturb the Community tions would jeopardize supplies within the Commu­ market, the necessary measures may be taken ; nity.

Whereas the general rules for applying these provi­ sions, and in particular the criteria for establishing that the cif price is appreciably higher than the Article 2 threshold price and for deciding whether the situation is likely to continue, should be laid down ; 1 . Where the conditions specified in Article 21 of Whereas, to avoid disturbances on the Community Regulation No 359/67/EEC are met, in accordance market, it is necessary to ensure an adequate supply of with the criteria laid down in Article 1 , the following rice ; whereas, to this end, levies could be charged on measures may be taken : exports and the issue of export licences totally or partially suspended ; — application of an export levy ; furthermore a Whereas it is also necessary to establish criteria for special levy for an export may be the subject of a calculating the export levy having regard to the tendering procedure in respect of a fixed quantity, economic situation ; whereas consequently in order to — fixing of a time limit for the issue of export continue an export policy which will be adequate in licences, this situation and will be in accordance with market requirements, it is necessary that the levy should be — total or partial suspension of the issue of export subject solely to the criteria governing export arrange­ licences, ments ; Whereas Community obligations to supply food aid — total or partial rejection of outstanding applica­ are such that exports oif products for that purpose tions for the issue of export licences. should be excluded from this Regulation , 2. The measures provided for in paragraph 1 may be taken in respect of one or more of the products HAS ADOPTED THIS REGULATION : listed in Article 1 of Regulation No 359/ 67/ EEC, where this is made necessary by the market situation A rt ide 1 and the relationship between those products .

1 . The cif price shall be regarded as appreciably higher than the threshold price within the meaning of 3 . The measures referred to in paragraph 1 shall be abrogated at the latest as soon as it is found that, for a (') OJ No 174, 31 . 7 . 1967, p . 1 . period of three consecutive weeks, the condition (-') OJ No L 73 , 27 . 3 . 1972, p . 14 . referred to in Article 1 ( 1 ) is no longer fulfilled .

No L 282/ 14 Official Journal of the European Communities 9 . 10 . 73

Article J 5. No levy shall be applied to exports effected by way of food aid under Article 23a of Regulation No 1 . The following shall be taken into account when 359/67/ EEC. an export levy is being fixed for products listed in Article 1 ( 1 ) (a) and (b) of Regulation No 359/67/EEC : (a) situation and trends : Article 4 — for rice prices and available quantities on the 1 . Detailed rules for the application of this Regula­ Community market, tion shall be adopted in accordance with the proce­ — for rice prices and for products processed from dure laid down in Article 26 of Regulation No 359/ rice on the world market ; 67/ EEC. (b) the objectives of the common organization of the 2. Following the same procedure and for each market in rice, namely to balance that market product : both as regards supplies and as regards trade ; — the Decision to institute the measures provided for (c) the need to avoid disturbances of the Community in Article 2 and to discontinue the measures market ; provided for in the second and third indents of (d) the economic aspect of the exports. Article . 2 ( 1 ) shall be taken ; 2. The factors referred to in paragraph 1 shall apply — the export levy shall be fixed at regular intervals. when fixing an export levy for the products referred to 3 . If necessary, the Commission may institute or in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC. In modify the export levy. addition, the following specific factors shall be taken into account Article 5 (a) prices paid for broken rice on the various Commu­ nity markets ; In an emergency the Commission may take the measures referred to in the third and fourth indents of (b) amount of broken rice required to manufacture those products and, where appropriate, the value Article 2 ( 1 ). It shall notify its Decision to the of by-products, Member States and shall publish it on the notice boards at its Headquarters. (c) possibilities and conditions of sale on the world market of those products. The measures shall, by virtue of such a Decision , be applied to the relevant products from the date speci­ 3 . Where the situation on the world market or the fied to this end ; this day shall be subsequent to that specific requirements of certain markets so require, of notification . the export levy may be differentiated . The Decision on the measures referred to in the third 4. The export levy to be charged shall be that in indent of Article 2 ( 1 ) shall be applicable for a period force on the day of exportation . not exceeding 7 days. However, the export levy in force on the day on which the licence is applied for may, on application Article 6 from the interested party be lodged at the same time as the application for a licence, and before 1 p.m . be This Regulation shall enter into force on the day applied to exports to be effected during the period of following that of its publication in the Official validity of that licence . Journal of the European Communities.

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

Done at Brussels, 8 October 1973 . For the Council The President Ib FREDERIKSEN