CELEX: 31971R1391
Language: en
Date: 1971-06-30 00:00:00
Title: Regulation (EEC) No 1391/71 of the Commission of 30 June 1971 amending Regulation (EEC) No 2637/70 on special detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

406                                     Official Journal of the European Communities
No L 145/44                             Official Journal of the European Communities                                   1.7.71
                               REGULATION (EEC) No 1391/71 OF THE COMMISSION
                                                        of 30 June 1971
                amending Regulation (EEC) No 2637/70 on special detailed rules for the application of
                the system of import and export licences and , advance fixing certificates for agricultural
                                                            products
THE    COMMISSION          OF     THE   EUROPEAN      COM­         amended by Regulation (EEC) No 1253/70, and in
MUNITIES,                                                          particular Article 17 (4) thereof;
                                                                   Whereas, for milk and milk products, Regulation
Having regard to the Treaty establishing the                       (EEC) No 2637/70 10 of 23 December 1970 on special
European Economic Community ;                                      detailed rules for the application, of the system of
                                                                   import and export licences and advance fixing
Having regard to Council Regulation No                             certificates for agricultural products, as last amended
120/67/EEC1 of 13 June 1967 on the common                          by Regulation (EEC) No 952/71 ,11 laid down special
organisation of the market in cereals, as last amended             detailed rules for the application of the system of
by Regulation (EEC) No 2434/70,2 and in particular                 export licences to invitations to tender in respect of
Article 16. (6) thereof;                                           milk products opened by armed forces stationed in
                                                                   the territory of a Member State but not coming under
Having      regard      to    Council      Regulation    No        its flag; whereas similar provisions with regard to
122/67/EEC3 of 13 June 1967 on the cpmmon                          advance fixing certificates should be made to apply
organisation of the market in eggs, as last amended                to basic products to be delivered under the tendering
by Regulation (EEC) No 436/70,4 and in particular                  procedure to such armed forces in the form of certain
Article 9 (3 ) thereof;                                            goods not covered by Annex II to the Treaty;
                                                                   Whereas the Dutch text of Article 36 and the German
Having regard " to Council                 Regulation No           text of Articles 55 and 56 of Regulation (EEC) No
359/67/EEC5 of 25 July 1967               on the common            2637/70 contain errors which should be rectified ;
organisation of the market in rice,      as last amended by
Regulation (EEC) No 1-056/71,®            and in particular        Whereas the provisions laid down in this Regulation
Article 17 ( 6 ) thereof;                                          are in accordance with- the Opinions of the
                                                                   Management          Committees       for   Cereals,    for
Having     regard      to     Council      Regulation    No        Poultrymeat and Eggs, for Sugar, and for Milk and
1009/67/EEC7 of 18 December 1967 on the common                     Milk Products :
organisation of the market in sugar, as last amended
by Regulation (EEC) No 1060/71 ,8 and in particular
                                                                   HAS ADOPTED THIS REGULATION :
Article 17 (4) thereof;
Having regard to Council Regulation ( EEC ) No                                              Article 1
804/689 of 27 June 1968 on the common organisation
of the market in milk and milk products, as last                   The following subparagraph shall be added to Article
                                                                   54 of Regulation (EEC) No 2637/70 :
                                                                        '( c) Where the provisions of Article 55a are
 1 OJ No  117, 19.6.1967, p. 2269/67.                                         applied, in section 12, in addition to the
 2 OJ No  L 262, 3.12.1970, p . 1 .                                           information given under (a), the net weight
 3 OJ No  117, 19.6.1967, p. 2293/67.                                         of the goods, for which tenders are invited
 4 OJ No  L 55, 10.3.1970, p . 1 .                                            corresponding to the target quantity of the
 5 OJ No  174, 31.7.1967, p. 1 .                                              basic product entered in section 10.'
 8 OJ No  L 115, 27.5.1971 , p . 12 . .
 7 OJ No  308, 18.12.1967, p. 1 .
 8 OJ No  L 115 , 27.5.1971 , p . 16.                              ,(> OJ No L 283, 29.12.1970, p. 15 .
 n OJ No  L 148 , 28.6.1968 , p . 13 .                             11 OJ No L 103 , 8.5.1971 , p . 11 .
 ---pagebreak---                                    Official Journal of the European Communities                                     407
                        Article 2                                  3 . In cases where the quantity for export
                                                                   proves greater than the target quantity, one or
The following Article 55 a shall be added to                       more supplementary certificates shall, at the
Regulation (EEC) No 2637/70 :                                      request of the party concerned, be issued by the
                                                                   authority which issued the original certificate.
   '1.    Where the conditions of an invitation to
                                                                   The supplementary certificate shall contain the
   tender opened by armed forces stationed in the                  same details as the original certificate except with
   territory of a Member State but not coming under                regard to the quantity and the date of issue.
   its flag, fix only approximately the quantity of                Furthermore, section 2 shall contain one of the
   goods to be supplied, since the quantity that will              following endorsements :
   in fact be supplied can be determined only at the
   end of the delivery period provided for in the                  — "certificat complémentairc"
   invitation to tender, the certificate relating to the
   basic product exported in the form of such goods                — "Zusatz-Vorausfestsetzungsbescheinigung"
   shall be issued for the quantity corresponding to               — "Titolo complementare"
   the quantity of such goods approximately fixed
   under the terms of the invitation to tender and                 — "Aanvullend certificaat"
   called the target quantity. In that case one of the                  ( supplementary certificate)
   following endorsements shall be made in Section
   12 of the application for the certificate and of the            4 . Where the definitive quantity is less than the
   certificate itself :
                                                                   target quantity mentioned in the original
   — "quantite indicative"                                         certificate and, where applicable, in the
                                                                   supplementary certificate or certificates, the
   — "Richtmenge"                                                  security corresponding to the balance shall be
                                                                   released .
   — "quantitá indicativa"
   — "geschatte hoeveelheid"                                       5.      The provisions of the first subparagraph of
                                                                   Article 16 (2) of Regulation (EEC) No 1373 /70
   — (target quantity)                                             shall not apply to the certificates referred to in
                                                                   this Article .'
   The certificate shall be used only up to that
   quantity.                                                                            Article 3
   The obligation to export is fulfilled when the             1 . In the Dutch text of Article 36 ( 1 ) of Regulation
   quantity of the basic product, corresponding to            (EEC) No 2637/70 ' . . . de werkelijk te leveren
   the quantity of goods (called the definitive               hoeveelheid . . .' shall    be substituted for ' . . . de
   quantity) fixed for supply by the agency inviting          werkelijk geleverde hoeveelheid . . .'.
   tenders, has been exported. The parties concerned
   shall submit the relevant evidence to the authority        2.      In the German text of Articles 55 and 56 of
   issuing the certificate.                                   Regulation (EEC) No 2637/70 'Vorausfestset­
                                                              zungsbescheinigung' shall be substituted for
                                                              ' Lizenz'.
   2.    Section 13 of the application for the
   certificate and of the certificate itself shall state                                Article 4
   the destination . The certificate shall make it
   obligatory to export to that destination .                 This Regulation shall enter into force on 1 July 1971 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .                                                                                    ;
              Done at Brussels, 30 June 1971 .
                                                                                    For the Commission
                                                                                       The President
                                                                                   Franco M. MALFATTI