31976R2081

No L 233 / 26 24 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2081 / 76 of 23 August 1976 amending Regulation ( EEC) No 1667 /76 relating to protective measures appli­ cable to exports of fodder products and straw

THE COMMISSION OF THE EUROPEAN Whereas the Commission must nevertheless maintain COMMUNITIES , overall control of the situation ; Having regard to the Treaty establishing the European Whereas, from this standpoint in particular, it is now Economic Community, necessary to provide that the quantities of straw exported by any applicant Member State shall not Having regard to Council Regulation ( EEC) No exceed the quantities of straw exported in the 827/68 of 28 June 1968 on the common organization preceding year, of the market in certain products listed in Annex II to the Treaty ('), as last amended by Regulation (EEC) HAS ADOPTED THIS REGULATION : No 1 067/74 (2 ), and in particular Article 3 (2) thereof, Whereas Commission Regulation ( EEC) No 1667/76 Article 1 of 8 July 1976 (3), as last amended by Regulation The following Article la is hereby inserted in Regula­ (EEC) No 1 840 /76 (4), introduced protective measures tion ( EEC) No 1667/76 : in the form of charges to be applied to exports of 'Article la fodder products and straw ; Whereas, for straw in particular, supply in certain 1 . By way of derogation from the first indent of regions of the Community exceeds demand ; the second paragraph of Article 1 , Member States may be authorized not to levy the export charge Whereas some of these surpluses are to be found in on products listed under heading No 12.09 of the regions close to the frontiers of the Community ; Common Customs Tariff, provided the quantities whereas, because of the specific structure of the do not exceed the quantities exported to non­ market in this product, the only outlets for these member countries to which these products have surpluses are in the adjacent regions of certain non­ traditionally been exported during the past three member countries ; whereas this situation may more­ years . over be considered traditional , this trade having been recorded in previous years ; whereas, moreover, the 2. For the application of paragraph 1 , Member surpluses in these regions cannot be used to alleviate States wishing to obtain authorization , shall apply the supply situation in regions of the Community to the Commission stating the quantities to be where straw is scarce ; exported . Whereas transport costs, which are extremely high If within 48 hours of receiving the application the compared to the value of the product, are an obstacle Commission has not rejected it by notifying its to market fluidity ; decision to the Member State concerned, the appli­ cation shall be deemed to have been accepted . Whereas, therefore , it does not seem advisable to apply the export charges to this trade ; whereas, more­ When assessing applications submitted by the over, the only effect of maintaining these charges Member States the Commission shall bear in mind would be to deprive producers in the regions the effect which the exports would have on the concerned of a supplementary income capable of supply situation in the Community if they took compensating to some extent for the loss of income place .' caused by the drought ; Article 2 Whereas the Commission does not at present have sufficient information to judge which are the regions This Regulation shall enter into force on the day of its which fall within the above definition or what publication in the Official Journal of the European Com mnnities. amounts could be exported ;

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

Done at Brussels, 23 August 1976 . For the Commission Henri SIMONET Vice-President

(') OJ No L 151 , 30 . 6 . 1968 , p. 16 . (-') OJ No L 120 , 1 . 5 . 1974, p. 2 . (3 ) OJ No L 185, 9 . 7 . 1976, p. 26 . (4 ) OJ No L 203 , 29 . 7 . 1976, p. 36.