CELEX: 31969R0551
Language: en
Date: 1969-03-25 00:00:00
Title: Regulation (EEC) No 551/69 of the Council of 25 March 1969 amending Regulation (EEC) No 204/69 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

122                                  Official Journal of the European Communities
 27.3.69                               Official Journal of the European Communities                               No L 74/3
                                   REGULATION (EEC) No 551/69 OF THE COUNCIL
                                                     of 25 March 1969
                amending Regulation (EEC) No 204/69 laying down general rules for granting export
                refunds on certain agricultural products exported in the form of goods not covered
                    by Annex II to the Treaty, and the criteria for fixing the amount of such refunds
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          of the market in milk and milk products, and in
                                                                  particular Articles 17 (3 ) and 18 (3 ) thereof :
 Having regard to the Treaty establishing the
 European Economic Community ;                                    Having regard to the proposal from the Commission :
 Having regard to Council Regulation No                           Whereas the first subparagraph of Article 5 (2) of
 120/67/EEC1 of 13 June 1967 on the common                        Council Regulation (EEC) No 204/6910 of 28 January
 organisation of the market in cereals, as last amended           1969 laying down general rules for granting export
 by Regulation (EEC) No 289/69 ,2 and in particular               refunds on certain agricultural products exported in
 Articles 16 (5 ) and 17 (3 ) thereof;                            the form of goods not covered by Annex II to the
                                                                   Treaty, and the criteria for fixing the amount of such
Having       regard    to     Council    Regulation     No        refunds, makes provision for fixing the rate of the
 122/67/EEC3 of 13 June 1967 on the common                        refund in advance at the request of the party
organisation of the market in eggs, as amended by                 concerned; whereas, in accordance with the second
Regulation (EEC) No 830/68,4 and in particular the                subparagraph of Article 5 (2), the rate of the refund
fourth subparagraph of Article 9 (2) and Article 10               thus fixed must be adjusted in accordance with the
 (3 ) thereof;                                                    same rules as those applicable in the case of the
                                                                  advance fixing of the refund on the relevant basic
Having regard to Council Regulation No                            products exported unprocessed ; whereas these rules
359/67/EEC5 of 25 July 1967 on the common                         should be supplemented to take account of the
organisation of the market in rice, as last amended by            provisions to be adopted during the period of validity
Regulation (EEC) No 1603/68,6 and in particular                   of the advance fixing certificate, under special
Articles 17 (5 ) and 18 (3 ) thereof;                             measures for the marketing of certain basic products ;
Having       regard    to     Council    Regulation     No        Whereas, in view of the special conditions on the
1009/67/EEC7 of 18 December 1967 on the common                    beer market, the second subparagraph of Article 5 (2)
organisation of the market in sugar, as amended by                of Regulation (EEC) No 204/69 should also be
Regulation (EEC) No 2100/68,8 and in particular the               amended to enable the corrective amount referred to
fifth subparagraph of Article 17 (2) and Article 19 (3 )         in Article 16 (4) of Regulation No 120/67/EEC to be
thereof;                                                          applied to barley exported in the form of beer ;
Having regard to Council Regulation (EEC) No                     Whereas Council Regulation No 189/66/EEC11 of 24
804/689 of 27 June 1968 on the common organisation               November 1966 on glucose and lactose provided that
                                                                  the rules relating to glucose and glucose syrup and
                                                                 lactose and lactose syrup coming under Annex II to
  1 OJ No 117, 19.6.1967, p. 2269/67.                            the Treaty should be extended to goods falling
 2 OJ No L 41 , 18.2.1969, p. 1 .                                within sub-headings Nos 17.02 B I and 17.02 A I of
  3 OJ No 117, 19.6.1967, p. 2293/67.                            the Common Customs Tariff respectively ; whereas
 4 OJ No L 151 , 30.6.1968, p. 23 .                              these goods are shown in Annex B to Regulation No
  5 OJ No 174, 31.7.1967, p. 1 .                                 120/67/EEC or in the Annex to Regulation (EEC) No
 6  OJ No L 253, 16.10.1968, p. 5.
 7  OJ No 308, 18.12.1967, p . 1 .
  s  OJ No L 309, 24.12.1968, p. 4.                              10 OJ No L 29, 5.2.1969, p . 1 .
  9  OJ No L 148, 26.6.1968, p. 13 .                             11 OJ No 218, 28.11.1966, p. 3713/66.
 ---pagebreak---                                      Official Journal of the European Communities                                     123
804/68 ; whereas, for the implementation of the                       taken with a view either to making a basic
refund provisions of these Regulations, Regulation                    product listed in Annex A available at a reduced
No 189/66/EEC should continue to apply; whereas                       price to manufacturers of certain goods, or to
those goods shown in Annex C to Regulation (EEC)                      altering or abolishing existing provisions, the rate
No 204/69 should therefore be deleted;                                of the refund fixed in advance shall be adjusted
                                                                      on the basis of the lowest price for the relevant
Whereas, in accordance with Article 3 (3 ) of                         basic product between the day on which the
Regulation (EEC) No 204/69, the quantity of basic                     application for the certificate is lodged and the
products to be used in calculating the amount of the                  day of exportation. However, where the applicant
refund in respect of the goods shown in Annex C to                    supplies proof that he purchased this basic
that Regulation is that shown in that Annex against                   product at a price calling for a higher refund, the
each of those goods ;                                                 rate of the refund fixed in advance shall be
                                                                      adjusted on the basis of the latter price, unless
Whereas, as the result of a clerical error, the quantity              that price corresponds to the price on the basis of
                                                                      which the rate of the refund fixed in advance was
of sugar shown in Annex C in respect of sorbitol,
other than in aquecus solution, falling within heading                calculated, in which case the latter rate shall be
No 29.04 C III (b) 2 of the Common Customs Tariff,                    applicable.'
is 1106 kg instead of 106 kg; whereas this error
should be corrected; whereas, moreover, the quality
                                                                                           Article 3
of the sugar (sucrose) on the basis of which the
quantities shown ir. Annex C where fixed, should be
specified;                                                      Goods falling within sub-headings Nos 17.02 A I and
                                                                 17.02 B I of the Common Customs Tariff are hereby
                                                                deleted from Annex C to Regulation (EEC) No
HAS ADOPTED THIS REGULATION :                                   204/69 .
                          Article 1
                                                                                           Article 4
The second subparagraph of Article 5 (2) of                     Annex C to Regulation (EEC) No 204/69 shall be
Regulation (EEC) No 204/69 shall be supplemented                amended as follows :
by the following:
                                                                (a) The heading 'White sugar' shall be substituted for
    'However, the rules concerning the corrective                      the heading of the column 'Sugar (sucrose)';
    amount referred to in Article 16 (4) of Regulation
    No 120/67/EEC shall be applicable in respect of             ( b ) In the column amended as laid down under (a) in
    exports of barley in the form of beer.'                            respect of sub-heading No 29.04 C III (b) of the
                                                                       Common Customs Tariff the figure 106 shall be
                                                                       substituted for the figure 1106.
                         Article 2
Article 5 (2) o± Regulation (EEC) No 204/69 shall be                                       Article 5
supplemented by the following subparagraph :
    'Where, during the period of validity of a                  This Regulation shall enter into force on 1 April
    certificate as referred to in Article 6, measures are       1969 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 March 1969 .
                                                                                         For the Council
                                                                                          The President
                                                                                         J. P. BUCHLER