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COMMISSION REGULATION ( EEC ) NO 558/79

OF 23 MARCH 1979

FIXING IN RESPECT OF THE 1978 CROP EXPORT REFUNDS FOR RAW TOBACCO

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 727/70 OF 21 APRIL 1970 ON THE COMMON ORGANIZATION OF THE MARKET IN RAW TOBACCO ( 1 ) , AS LAST AMENDED BY THE ACT OF ACCESSION , AND IN PARTICULAR THE FIRST SENTENCE OF THE THIRD SUBPARAGRAPH OF ARTICLE 9 ( 2 ) THEREOF ,

WHEREAS BY VIRTUE OF ARTICLE 9 OF REGULATION ( EEC ) NO 727/70 THE DIFFERENCE BETWEEN THE WORLD MARKET PRICES OF THE PRODUCTS REFERRED TO IN ARTICLE 1 OF THAT REGULATION AND THEIR PRICES WITHIN THE COMMUNITY MAY BE COVERED BY AN EXPORT REFUND ;

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 FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 2 ) , THE GRANTING OF EXPORT REFUNDS IS TO BE LIMITED TO BALED TOBACCO PRODUCED FROM LEAF TOBACCO HARVESTED IN THE COMMUNITY ; WHEREAS THE REFUNDS MUST BE FIXED FOR EACH VARIETY PRODUCED IN THE COMMUNITY IN THE LIGHT OF THE FACTORS INDICATED IN ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 326/71 ;

WHEREAS THERE HAS BEEN A SUBSTANTIAL DROP IN THE PRICES ON THE WORLD MARKET OF TOBACCO ; WHEREAS THE REPERCUSSION OF SUCH A DROP IN PRICES ON THE COMPETITIVE POSITION OF COMMUNITY TOBACCO CONSTITUTES , WITHIN THE MEANING OF ARTICLE 4 OF REGULATION ( EEC ) NO 326/71 , ONE OF THE EXCEPTIONAL CASES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 727/70 AND ACCORDINGLY ENABLES THE REFUND TO BE FIXED BEYOND THE LIMITS LAID DOWN IN THAT ARTICLE ;

WHEREAS IN ADDITION THE MARKET FOR THE VARIETY ROUND TIP IS CHARACTERIZED BY LIMITED OUTLETS AND BY EXCEPTIONALLY HIGH MARKETING COSTS ; WHEREAS THE SPECIFIC MARKET CHARACTERISTICS OF THE VARIETY ROUND TIP THEREFORE ALSO CONSTITUTE IN THE SENSE OF ARTICLE 4 OF THE ABOVEMENTIONED REGULATION , ONE OF THE EXCEPTIONAL CASES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 727/70 AND PERMIT THE FIXING OF THE REFUND OUTSIDE THE LIMITS SET BY THIS ARTICLE ;

WHEREAS , IN VIEW OF CURRENT EXPORT POSSIBILITIES AND OF MARKET CONDITIONS IN THE COMMUNITY , IT IS APPROPRIATE THAT A REFUND BE GRANTED FOR CERTAIN VARIETIES OF THE 1978 CROP IN RESPECT OF THE COUNTRIES LISTED IN THE ANNEX HERETO ;

WHEREAS , APPLYING THE ABOVEMENTIONED RULES AND CRITERIA TO EXISTING CONDITIONS IN THE TOBACCO MARKET , AND IN PARTICULAR TO PRICES IN THE COMMUNITY AND ON THE WORLD MARKET , IT FOLLOWS THAT THE AMOUNT OF THE REFUND AND THE PRODUCTS AND COUNTRIES IN RESPECT OF WHICH IT SHOULD APPLY SHOULD BE AS SPECIFIED IN THE ANNEX HERETO ;

WHEREAS THE MANAGEMENT COMMITTEE FOR RAW TOBACCO HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE LIST OF VARIETIES OF BALED TOBACCO FROM THE 1978 CROP IN RESPECT OF WHICH THE EXPORT REFUND PROVIDED FOR IN ARTICLE 9 OF REGULATION ( EEC ) NO 727/70 SHALL BE GRANTED , AND THE AMOUNT OF SUCH REFUND AND THE THIRD COUNTRIES OF DESTINATION FOR WHICH IT SHALL APPLY , SHALL BE AS SHOWN IN THE ANNEX HERETO .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY UNTIL 31 MARCH 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 23 MARCH 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

( 1 ) OJ NO L 94 , 28 . 4 . 1970 , P . 1 .

( 2 ) OJ NO L 39 , 17 . 2 . 1971 , P . 1 .

ANNEX

SERIAL NO*VARIETIES*AMOUNT OF REFUND ( U.A./KG ) *COUNTRIES OF DESTINATION*

1A*BADISCHER GEUDERTHEIMER*0,28*TO ALL THIRD COUNTRIES*

1B*FORCHHEIMER HAVANNA*0,28*TO ALL THIRD COUNTRIES*

2*BADISCHER BURLEY E*0,28*TO ALL THIRD COUNTRIES*

11A*BURLEY I*0,25*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*

11B*MARYLAND*0,25*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*

12*KENTUCKY*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*

14*BENEVENTANO*0,28*TO ALL THIRD COUNTRIES*

15*XANTI-YAKA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*

16*PERUSTITZA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*

17*ERZEGOVINA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*

18* ( A ) ROUND TIP*0,70*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*

* ( B ) SCAFATI***

* ( C ) SUMATRA I