CELEX: 31973R2632
Language: en
Date: 1973-09-28 00:00:00
Title: Regulation (EEC) No 2632/73 of the Council of 28 September 1973 amending Regulation (EEC) No 1968/73 laying down general rules to be applied in the event of the cereals market being disturbed

No L 272/ 18                             Official Journal of the European Communities                                29 . 9 . 73
                                   REGULATION (EEC) No 2632/73 OF THE COUNCIL
                                                       of 28 September 1973
              amending Regulation (EEC) No 1968/73 laying down general rules to be applied
                                       in the event of the cereals market being disturbed
 THE COUNCIL OF THE EUROPEAN                                         levy should be subject solely to the criteria governing
 COMMUNITIES,                                                        export arrangements ;
 Having regard to the Treaty establishing the                        Whereas Regulation (EEC) No 1968/73 for processed
 European Economic Community ;                                       products derived from cereals provides for an export
                                                                     levy based on the levy for basic products ; whereas
                                                                     such a criterion does not fully take account of the
 Having regard to Council Regulation No 120/67/                      requirements and characteristics of the market for
EEC (*) of 13 June 1967, on the common                               these products; whereas it would be advisable for
 organization of the market in cereals, as last amended              the criteria for fixing export levies for these products
by Regulation (EEC) No 1346/73 (2 ), and in                          to be more flexible,
particular Article 19 (2 ) thereof;
                                                                    HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ;
                                                                                              Article 1
Whereas Article 19 of Regulation No 120/67/EEC
 lays down that the necessary measures may be taken
when the cif price of one or more cereals is                         The text of Article 2 ( 1 ) first indent of Regulation
 appreciably higher than the threshold price;                        (EEC) No 1968 /73 is replaced by the following
                                                                     text :
Whereas Council Regulation (EEC) No 1968/73 (3 )
of 19 July 1973 , which defines the general rules to                       '— application of an export levy ; further a
be applied in the case of the cereals market being                             special levy for an export may be the subject
disturbed, laid down measures which may be taken                               of a tendering procedure in respect of a fixed
pursuant to the abovementioned Article 19 ; whereas                            quantity,'
one of the measures which may be taken is the
application of an export levy ;
                                                                                              Article 2
Whereas by Regulation (EEC) No 1968/73 , the
export levy may be subject to tendering procedures ;                Article 3 ( 1 ) and (2) of Regulation (EEC) No 1968 /73
whereas, for the purpose of facilitating better market               are replaced by the following :
management there are grounds for envisaging within
the framework of these tendering procedures, the                         ' 1 . The following shall be taken into account
possibility of retaining a special export levy for a                     when an export levy is being fixed for products
fixed quantity;                                                          referred to in Article 1 (a) and (b) of Regulation
                                                                        No 120/67/EEC :
Whereas the cif price is among the criteria to be taken
into consideration when fixing an export levy for                        ( a ) situation and trends :
basic products; whereas it has become clear that
the cif price, as defined in the provisions governing                          — for cereal prices and available quantities
the import arrangements, and as used for articulating                              on the Community market ;
the measures outlined in Regulation (EEC) No
1968 /73 , is not a suitable criterion for dealing with                        —v for cereal prices and for prices of
a deficit situation ; whereas, consequently, in order                              products falling within the cereals sector
to continue an export policy which will be adequate                                on the world market ;
in this situation and will be in accordance with the
requirements of the market, it is necessary that the
                                                                         ( b ) the objectives of the common organization
(>) OJ No 117, 19. 6. 1967, p. 2269/67.                                        of the market in cereals, namely to balance
( 2) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                                      that market both as regards supplies and
( 8) OJ No L 201 , 21 . 7. 1973 , p. 10.                                       as regards trade ;
 ---pagebreak--- 29 . 9 . 73                          Official Journal of the European Communities                               No L 272/ 19
     (c)    the need to avoid disturbances on the                    — the decision to institute the measures referred
            Community market ;                                            to in Article 2 and to discontinue the measures
                                                                         referred to in the second and third indent of
     (d) the economic aspect of the exports .                            Article 2 ( 1 ) shall be taken,
     2.      The factors referred to in paragraph 1 shall            — the export levy shall be fixed at regular
     apply when fixing an export levy for the products                   intervals .
     fixed in Article 1 (c) and (d) of Regulation
     120/67/EEC, except for products within tariff                   3.     If necessary, the Commission may institute
     headings 11.08 A I, III, IV and V, 11.09 and                    or modify the export levy.'
     subheadings 17.02 B II, 17.05 B and 23.03 A I
     of the Common Customs Tariff. In addition the
     following specific factors shall be taken into
     account :                                                                             Article 4
     ( a ) prices paid for cereals on the various               The first subparagraph of Article 5 0 ) of Regulation
            Community markets ;                                  ( EEC) No 1968 /73 is replaced by the following :
     (b) amount of cereals required to manufacture                   'In an emergency the Commission may take the
            those products, and, where appropriate, the              measures referred to in the third and fourth
            value of by products ;                                   indents of Article 2 ( 1 ). It shall notify its decision
                                                                     to the Member States and shall publish it on
     ( c) possibilities and conditions of sale on the                the notice boards at its Headquarters .'
            world market of those products .'
                                                                The final subparagraph of Article 5 of Regulation
                                                                 (EEC) No 1968 /73 shall be replaced by the following :
                          Article 3
                                                                     ' The decision on the measures referred to in the
Article 4 of Regulation (EEC ) No 1968 /73 is replaced               third indent of Article 2 ( 1 ) shall be applicable
by the following :                                                    for a period not exceeding 7 days.'
     '1.     Detailed rules for the application of this
     Regulation shall be adopted in accordance with
     the procedure laid down in Article 26 of Regu­                                        Article 5
     lation No 120/ 67/EEC .
                                                                This Regulation shall enter into force on the day
     2.      Following the same procedure and for each          following its publication in the Official Journal of
     product                                                    the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 28 September 1973 .
                                                                                 For the Council
                                                                                  The President
                                                                                lb FREDERIKSEN