31982R0400

24. 2. 82 Official Journal of the European Communities No L 53/7

COMMISSION REGULATION (EEC) No 400/82 of 23 February 1982 fixing export refunds for raw tobacco in respect of the 1981 crop

THE COMMISSION OF THE EUROPEAN making Community tobaccos less competitive ; COMMUNITIES, whereas, under Article 4 of Regulation (EEC) No 326/71 , this constitutes one of the exceptional cases Having regard to the Treaty establishing the European referred to in the second subparagraph of Article 9 ( 1 ) Economic Community, of Regulation (EEC) No 727/70 which allows a refund to be fixed outside the limits laid down therein for the Having regard to Council Regulation (EEC) No 727/70 varieties in question ; of 21 April 1970 on the common organization of the market in raw tobacco ('), as last amended by the Act Whereas, applying the abovementioned rules and of Accession of Greece, and in particular the first criteria to existing conditions in the tobacco market, sentence of the third subparagraph of Article 9 (2) and in particular to prices in the Community and on thereof, the world market, it follows that the amount of the refund and the products and countries in respect of Whereas, by virtue of Article 9 of Regulation (EEC) which it should apply should be as specified in the No 727/70, the difference between the world market Annex hereto ; prices of the products referred to in Article 1 of that Regulation and their prices within the Community Whereas the Management Committee for Raw may be covered by an export refund ; Tobacco has not delivered an opinion within the time limit set by its chairman, Whereas, pursuant to Council Regulation (EEC) No 326/71 of 15 February 1971 laying down general rules for granting export refunds on raw tobacco and criteria HAS ADOPTED THIS REGULATION : for fixing the amount of such refunds (2), the granting of export refunds is to be limited to baled tobacco Article 1 produced from leaf tobacco harvested in the Commu­ The list of varieties of baled tobacco from the 1981 nity ; whereas the refunds must be fixed for each variety produced in the Community in the light of the crop in respect of which the export refund provided factors indicated in Article 2 ( 1 ) of Regulation (EEC) for in Article 9 of Regulation (EEC) No 727/70 shall No 326/71 ; be granted, and the amount of such refund and the third countries of destination for which it shall apply, Whereas export possibilities for tobacco of the varie­ shall be as shown in the Annex hereto. ties Xanti-Yaka, Perustitza, Erzegovina and Paraguay of the 1981 crop have presented themselves ; whereas, in Article 2 view of the quantities available on the Community market, an export refund should be granted in respect This Regulation shall enter into force on the third day of these varieties in the context of the 1981 crop ; following its publication in the Official Journal of the European Communities. Whereas there have been major falls in prices on the world market for a number of competing varieties, It shall apply until 31 December 1982.

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

Done at Brussels, 28 February 1982. For the Commission Poul DALSAGER Member of the Commission

(') OJ No L 94, 28 . 4. 1970, p. 1 . (*) OJ No L 39, 17. 2. 1971 , p. 1 .

No L 53 /8 Official Journal of the European Communities 24. 2. 82

ANNEX

Amount of Serial Variety refund Countries of destination No (ECU/kg)

4 a) Paraguay 0-34 To all third countries 13 Xanti-Yakà 0-44 \ 14 0-44 \ To all third countries with the exception of a) Perustitza V Turkey and Yugoslavia 15 Erzegovina 0-44