1980R0109 — EN — 01.01.1996 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No109/80
of18January1980
on the application of the lowest rate of export refund for certain products in the eggs and poul-
trymeatsectors
(OJ L 14, 19.1.1980, p. 30)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1475/80 of 12 June 1980 L 147 15 13.6.1980
►M2Commission Regulation (EEC) No 3987/87 of 22 December 1987 L 376 20 31.12.1987
►M3Commission Regulation (EEC) No 1737/90 of 26 June 1990 L 161 25 27.6.1990
►M4Commission Regulation (EEC) No 3779/90 of 19 December 1990 L 364 9 28.12.1990
►M5Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
▼B
COMMISSIONREGULATION(EEC)No109/80
of18January1980
on the application of the lowest rate of export refund for certain
productsintheeggsandpoultrymeatsectors
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organization of the market in eggs(
1), as
amended by Regulation (EEC) No 368/76(2), and in particular Article
9 (3) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October
1975 on the common organization of the market in poultrymeat(3), as
amended by Regulation (EEC) No 369/76(4), and in particular Article
9 (3) thereof,
Having regard to Council Regulation (EEC) No 2774/75 of 29 October
1975 laying down general rules for granting export refunds on eggs andcriteria for fixing the amount of such refunds(
5), and in particular
Article 7 (2) thereof,
Having regard to Council Regulation (EEC) No 2779/75 of 29 October
1975 laying down general rules for granting export refunds on poultry-meat and criteria for fixing the amount of such refunds(
6), and in
particular Article 7 (2) thereof,
Whereas, in cases where the export refund varies according to destina-
tion, Article 11 (2) of Commission Regulation (EEC) No 192/75(7), as
last amended by Regulation (EEC) No 2838/77(8), lays down that the
part of the refund, calculated on the basis of the lowest rate of refund,applicable on the day when the customs export formalities arecompleted, is to be paid when proof is provided that the product has
left the geographical territory of the Community;
Whereas the last subparagraph of Articles 2 (4) and 3 (1) of Council
Regulation (EEC) No 441/69(
9), as last amended by Regulation (EEC)
No 2707/78(10), allow the part of the refund calculated on the basis of
the lowest rate to be paid as soon as the product has been placed underthe special procedure set up by the said Regulation;
Whereas, under the special arrangements drawn up with certain non-
member countries, the rate of refund applicable on exports to the saidcountries of certain products in the egg and poultrymeat sectors may belower, and sometimes substantially lower, than the refund normallyapplied; whereas it also sometimes happens that no refund is fixed;
Whereas the lowest rate of refund also results from the fact that a
refund has not been fixed;
Whereas there are cases where a refund is not fixed for exports to the
United States; whereas an exception should also be provided for deter-mining the lowest rate of refund in cases where measures introduced inthe United States guarantee that products which have qualified for a
refund for other destinations may not be imported into that country;
whereas experience shows that the products in question may qualifyfor this exception not only with regard to the application of Article 111980R0109 — EN — 01.01.1996 — 001.001 — 2
(1) OJ No L 282, 1. 11. 1975, p. 49.
(2) OJ No L 45, 21. 2. 1976, p. 2.
(3) OJ No L 282, 1. 11. 1975, p. 77.
(4) OJ No L 45, 21. 2. 1976, p. 3.
(5) OJ No L 282, 1. 11. 1975, p. 68.
(6) OJ No L 282, 1. 11. 1975, p. 90.
(7) OJ No L 25, 31. 1. 1975, p. 1.
(8) OJ No L 327, 20. 12. 1977, p. 23.
(9) OJ No L 59, 10. 3. 1969, p. 1.
(10) OJ No L 327, 22. 11. 1978, p. 5.
▼B
(2) of Regulation (EEC) No 192/75 but also with regard to the applica-
tion of Articles 2 (4) and 3 (1) of Regulation (EEC) No 441/69;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for
Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
The fact that no refund is fixed for products falling within CN codes
0105 11, ►M50105 12 ◄, 0105 19, 0207 (excluding
►M50207 34, 0207 1391, 0207 14 91, 020726 91, 0207 2791,
0207 35 91, 0207 36 81, 0207 36 85 and 0207 3689) ◄, 0407, 0408,
►M51602 32 ◄and 160239 11 and which are exported to the
United States of America ►M4 ◄shall not be taken
into consideration:
— for determining the lowest rate of refund for the purposes of Article
20 (2) of Commission Regulation (EEC) No 3665/87(1),
— for applying Articles 4 (7) and 5 (3) of Council Regulation (EEC)
No 565/80(2).
Article 2
This Regulation shall enter into force on 21 January 1980.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1980R0109 — EN — 01.01.1996 — 001.001 — 3
(1) OJ No L 351, 14. 12. 1987, p. 1.
(2) OJ No L 62, 7. 3. 1980, p. 5.▼M3
▼B