CELEX: 51973PC1573
Language: en
Date: 1973-09-20
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 1968/73 laying down general rules to be applied in the event of the cereals market being disturbed (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (73) 1573
Vol. 1973/0272
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(73 ) 1573 final
                                                        Brussels , 20 September 1973
                               PROPOSAL FOR A
                \                          .
                       REGULATION ( EEC ) OP THE COUNCIL
     amending Regulation (EEC) Ho 1968/73 laying down general rules to
       "be applied in the event of the cereals market "being disturbed
               ( submitted to the Council "by the Commission)
   COM73 ) 1573 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Article 19 of Regulation No 120/67/feEC lays down that the necessary measures
    may "be taken when the cif price of one or more products is appreciably higher
    than the threshold price .   The cif price for the purposes of this provision
    is that calculated in accordance with the rules governing import arrangements .
2 . In Regulation (EEC ) No 1968/73 the Council laid down the general rules to be
    applied in the event of the cereals market being disturbed. They include measures
    to be taken if the cif price , as defined above , exceeds the threshold price by
    at least two per cent . As the cif price is used as a basis for calculating the
    import levy , it is considered as one of the criteria for applying these measures .
3 . One of the measures laid down by Regulation (EEC ) No 1968/73 is the application
    of an export levy .  Under Article 3 of that Regulation , the cif price is among
    the criteria that have to be taken into account when this levy is being fixed .
    Experience has shown , however , that the cif price , as defined in the rules
    governing import arrangements is not a suitable criterion for fixing export
    levies .
    It would therefore be advisable not to apply any criterion referring to any
    situation other than that referred to in Regulation (EEC ) No 1968/73 » and
    only to apply criteria governing export arrangements when fixing an export
    levy. In order to bring this about , the repeal of Article 3 ( 2 ) (a ) of
    Regulation (EEC ) No 1968/73 has been proposed.
4 . The proposal to repeal Article 3 ( 2 ) (b ) and ( c ) has been made because the
    present text links the export levy for transformed products too closely to
    those for basic products .   In the interests of more efficient administration ,
    there is a need for more flexible criteria to take account of the characteristics
    of these markets .
 ---pagebreak---                                    PROPOSAL FOR A    . .
                          REGULATION (mc) OP THE COUNCIL
      amending Regulation (EEC ) Ho 1968/73 laying down general rules to
       be applied in the event of the cereals market     being disturbed
TEE COUNCIL OF THE EUROPEAN . COMMUNITIES ,       ' -
Having regard to the Treaty establishing . the European Economic Community }
Having regard to Council Regulation No, 120/67/fnEc\ of 13 June 1967 on the
common organization of the market in cereals , as last amended by Regulation
(EEC ) No 1346/73 , and in particular Article 19 , second subparagraph   thereof ;
Having regard to the proposal from the Comnission |
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 products is appreciably
higher than the threshold price ?
Whereas Council Regulation (EEC ) No 1968/73 of 19 July 1973 , which defines the
general rules to be applied in the case of the cereals market being disturbed ,
laid down measures which may be taken pursuant to the aboveaentioned Article 19 |
whereas one of the measures which may be taken is the application of an export
levy>
Whereas the cif price is among the criteria to be taken into consideration
when fixing an export levy for basic product s | whereas it has become clear
that the cif price , as defined in the provisions governing import arrangements ,
and as used for the measures outlined in Regulation (EEC ) No 1968/73 , is not
a suitable criterion for dealing with a deficit situation! whereas , consequently ,
in order to continue an export policy which will be adequate in this situation
and will be in accordance with the requirements of the market , it is necessary
that the levy should be subject solely to the criteria governing export
arrangements }
  : OJ No    11-7 -, 19 June 1967 , p . 2269/675
  \ OJ No L' 141 , 28 May 1973 , p. 8j
    OJ No L 201 , 21 July 1973 , p . 10.
 ---pagebreak--- Whereas Regulation (EEC ) No 1968/73 for processed products derived from cereals
provides for an export levy based on the levy for "basic productsj whereas such
a criterion does not fully take account of the requirements and characteristics
of the market for these products 5 whereas it would be advisable for the criteria
for fixing export levies for these products to be more flexible ^
HAS ADOPTED THIS REGULATION :                 "            ..
                                        Article 1
Article 3 ( l ) and ( 2 ) of Regulation (EEC ) No 1968/73 are replaced by the
following :
" 1 . The following shall be taken into account when an export levy is being
       introduced for products referred to in Article 1 (a ) and ( b ) of Regulation
       No 120/67/to s
       ( a ) situation and trends :
              - for cereal prices and available quantities on the . Community markets
              - for cereal prices and for prices of products falling within the
                 cereals sector on the world markets
       (b ) the objectives of the common organization of the market in cereals ,
            . namely to balance that market both as regards supplies and as regards
              trades
       ( c ) the need to avoid disturbances on the Community markets
       ( d) the economic aspect of the exports .
  2 . The components referred to in paragraph 1 (a), (b ) and ( c ) shall apply
       when fixing an export levy for the products fixed in Article 1 ( c ) and
       ( d) of Regulation 120/67/feEC , except for products within tariff headings
       11.08 A I , III , IV and V , 11 . 09 and subheadings 17.02 B II , 17.05 B and
     . 23.03 A I of the Common Customs Tariff. Besides , the following specific
       factors shall be taken into account :
 ---pagebreak---                                          - 3 -
      (a) prices paid for cereals on various Community markets ?
      ( t>) amount of cereals required to manufacture these products , and , where
            appropriate , the value of by products ;
      ( c ) possibilities and conditions of sale on the world market of these
            products ".
                                      Article 2
Article 4 of Regulation (EEC ) ITo 1968/73 i s replaced by the following t
M l . Detailed rules for the application of this Regulation shall be adopted in
      accordance with the procedure laid down in Article 26 of Regulation No
      120/67/ECC .
  2 . The r.easu.ras referred to in Article 2 shall be taken and the abolition
      of the measures referred to in the second , third and fourth indents of
      Article 2 ( l ) shall take place , in accordance with the sane procedure
      and for the same products .
      The periodic fixing of the export levy shall also follow the same procedure
      and apply to the sane products .
  3 . If necessary , the Commission may introduce , abolish or amend the export
      levy".
The first subparagraph of Article 5 of Regulation (EEC ) Ho 1968/73 is replaced
by the following :
" In an emergency the Commission may take the measures referred to in the third
    and fourth indents of Article 2 ( l ).   It shall notify its decision to the
   Member States and shall publish it on the notice boards at its Headquarters ",
This Regulation shall enter into force on the third day following its publica­
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,      20 September 1973              For the Council
                                                        The President