CELEX: 31967R0176
Language: en
Date: 1967-06-27 00:00:00
Title: Regulation No 176/67/EEC of the Council of 27 June 1967 laying down general rules for granting export refunds on poultrymeat and criteria for fixing the amount of such refunds

144                                Official Journal of the European Communities
2612/67                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                         28.6.67
                                REGULATION No 176/67/EEC OF THE COUNCIL
                                                       of 27 June 1967
               laying down general rules for granting export refunds on poultryraeat and criteria for
                                             fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN ECONOMIC                              Whereas provision must be made for varying the
COMMUNITY,                                                        amount of the refund according to the destination of
                                                                  the products, since markets in the countries of desti­
Having regard to the Treaty establishing the Euro­                nation are at varying distances from Community
pean Economic Community ;                                         markets and special conditions apply to imports in
                                                                   certain countries of destination ;
Having regard to Council Regulation No 123 /67/
EEC1 of 13 June 1967 on the common organisation                   "Whereas to ensure Community exporters some stab­
of the market in poultrymeat, and in particular the               ility in the amount of the refund and certainty with re­
fourth subparagraph of Article 9 (2) thereof;                      gard to the list of products eligible for a refund, it
Having regard to the proposal from the Commission ;               should be possible for the list and the amounts to re­
                                                                   main valid for a relatively long period;
"Whereas export refunds on products subject to the
common organisation of the market in poultrymeat                  "Whereas to avoid distortions of competition between
must be fixed in accordance with certain criteria                 individual Community traders, the administrative
which would make it possible to cover the difference               conditions under which they operate must be identical
 between prices for those products within the Com­                 throughout the Community; whereas there does
 munity and on the world market; whereas to this end               not appear to be any justification for granting a re­
 the supply situation and prices for those products                fund where the products in question are imported
within the Community and the price situation on the                from third countries and re-exported to third
 world market must be taken into account;                          countries ; whereas the reimbursement, under certain
                                                                   conditions, of the levy collected on importation is suf­
"Whereas . the difference between prices within the                ficient to allow these products to be placed on the
 Community and prices on the world market for the                  world market again;
 quantity of feed grain required for the production of
 one kilogramme of slaughtered poultry and for the
 production of one chick must also be taken into ac­               HAS ADOPTED THIS REGULATION:
 count; whereas for the products listed in Article
 1 (1) (d) of Regulation No 123/67/EEC the coef­                                            Article 1
 ficients referred to in Article 5 (3 ) of that Regulation
 should be taken into account;                                     This Regulation lays down rules for fixing and grant­
                                                                   ing export refunds on the products listed in Article
 Whereas if price trends are to be noted prices must               1 ( 1 ) of Regulation No 123 /67/EEC.
 be determined in accordance with general principles ;
 whereas to this end prices on third country markets                                        Article 2
  and in countries of destination, producer prices re­
  corded in third countries and free-at- Community­                 The following shall be taken into account when re­
 frontier prices should be taken into account when                  funds are being fixed :
  prices on the world market are being determined ;
  whereas, in the absence of representative markets for             ( a) the existing situation and the future trend with
  poultrymeat products, prices ruling at the various                     regard to :
  marketing stages and on exportation should be used                     — prices and availabilities of poultrymeat prod­
  as a basis in determining Community prices ;                               ucts on the Community market;
                                                                         — prices for poultrymeat products on the world
  1 OJ No 117, 19.6.1967, p. 2301/67.                                        market;
 ---pagebreak---                                     Official Journal of the European Communities                                  145
(b) the need to avoid disturbances which might lead                                    Article 6
      to a prolonged imbalance between supply and
      demand on the Community market; and                      1.    The refund shall be paid upon proof:
(c) the economic aspect of the proposed exports .              — that the products have been exported from the
                                                                   Community, and
When the refund on the products listed in Article
1 ( 1 ) of Regulation No 123/67/EEC is being calcu­            — that the products are of Community origin, ex­
lated, account shall also be taken of the difference be­           cept where Article 7 applies .
tween prices within the Community and prices on the
world market for the quantity of feed grain deter­             2. Where Article 4 applies, the refund shall be paid
mined in accordance with the provisions of Article             under the conditions laid down in paragraph 1 , pro­
4 ( 1 ) of that Regulation, the coefficients referred to       vided it is proved that the product has reached the
in Article 5 (3 ) of that Regulation also being taken          destination for which the refund was fixed.
into account in the case of derived products.                  Exceptions may be made to this rule in accordance
                                                               with the procedure referred to in paragraph 3 , pro­
                         Article 3                             vided conditions are laid down which offer equival­
1 . The following shall be taken into account when             ent guarantees .
the price on the Community market is being deter­
mined :                                                        3 . Additional provisions may be adopted in ac­
                                                               cordance with the procedure laid down in Article 17
(a) prices ruling at the various marketing stages in           of Regulation No 123 /67/EEC.
      the Community;
 (b ) prices ruling on exportation.                                                    Article 7
 2. The following shall be taken into account when             No export refund shall be granted on products listed
the price on the world market is being determined :            in Article 1 ( 1 ) of Regulation No 123/67/EEC which
 ( a) prices ruling on third country markets ;                 are imported from third countries and re-exported to
                                                               third countries, unless the exporter proves :
 (b) the most favourable import prices in third
      countries of destination for third country imports ;     — that the product to be exported and the product
                                                                   previously imported are one and the same, and
  (c) producer prices recorded in exporting third
       countries, account being taken, where appropriate,      — that the levy was collected on importation.
       of subsidies granted by those countries ; and
                                                               In such cases the refund on each product shall be
 (d) free-at-Community-frontier offer prices.                  equal to the levy collected on importation where this
                                                               levy is lower than the refund applicable on the day of
                          Article 4                            exportation ; the refund shall be equal to the refund
 Where the world market situation or the specific re­          applicable on the day of exportation where the levy
quirements of certain markets make this necessary,             collected on importation is higher than this refund.
the refund for the Community may be varied accord­
 ing to the destination of the products listed in Article                              Article 8
 1 ( 1 ) of Regulation No 123 /67/EEC.
                          Article 5
                                                               This Regulation shall enter into force on the day fol­
                                                               lowing its publication in the Official Journal of the
 The list of products on which an export refund is             European Communities.
granted and the amount of such refund shall be fixed
 at least once every three months.                             It shall apply from 1 July 1967.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 27 June 1967.
                                                                                      For the Council
                                                                                       The President
                                                                                        Ch . HEGER