CELEX: 31970R0957
Language: en
Date: 1970-05-26 00:00:00
Title: Regulation (EEC) No 957/70 of the Council of 26 May 1970 laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds

278                                Official Journal of the European Communities
 28.5.70                           Official Journal of the European Communities                                  No L 115 / 1
                               REGULATION . (EEC) No 957/70 OF THE COUNCIL
                                                   of 26 May 1970
               laying down general rules for granting export refunds on wine and criteria for fixing the
                                                amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     prices recorded in third countries and Community
                                                              free-at-frontier offer prices . should be taken into
Having regard to the Treaty            establishing the       account when prices in international trade are being
European Economic Community;                                  determined; whereas the most advantageous export
                                                              prices should be taken as a basis in determining
                                                              Community prices;
Having regard to Council Regulation (EEC) No
 816/701 of 28 April 1970 laying down additional              Whereas provision must be made for varying the
provisions for the common organisation of the                 amount of the refund according to the destination of
market in wine, and in particular Article 10 ( 1 ) and        the products, since special conditions apply to
 (3 ) thereof;                                                imports in certain countries of destination;
Having regard to the proposal from the Commission;            Whereas, to ensure Community exporters some
                                                              stability in the amount of the refund and with regard
Whereas export refunds on products subject to the             to the list of products eligible for a refund, it should
common organisation of the market in wine should              be possible for the refunds to be fixed at intervals
be fixed in accordance with certain criteria which            based on trade practices ;
would , make it possible to cover the difference              Whereas, to avoid distortions of competition, the
between prices for those products within the                  administrative system to which traders are subject
Community and in international trade; whereas to              must be identical throughout the Community ;
this end the supply ' situation and prices for those
products within the Community and the price
situation on the world market must be taken into              HAS ADOPTED THIS REGULATION :
account ;
                                                                                     Article    1                        <
Whereas the granting of refunds may be limited to             1 . This Regulation lays down rules for fixing and
exports of certain of the products listed in Article          granting export refunds on the products listed in
1 (2) of Regulation (EEC) No 816/70; whereas it               Article 1 (2) of Regulation (EEC) No 816/70.
should be limited to the products listed in Article
1 (2) (a) and (b) of that Regulation because of their         2.     Refunds may be granted only for the following
special economic importance ;                                 products :
Whereas, given the difference in the prices at which                   CCT
the products in question are offered, account should                 heading              • Description of goods
                                                                       No
be taken of costs of shipment in order to cover the
difference between the prices ruling in international         (a) .   22.04       Grape must, in fermentation or with
trade and those within the Community ;                                            fermentation arrested otherwise than
                                                                                  by the addition of alcohol
Whereas prices must be determined in accordance                       22.05       Wine of fresh grapes; grape must
with certain principles to enable price trends to be                              with fermentation arrested by the
                                                                                  addition of alcohol
noted; whereas to this end prices on third country
markets and in countries of destination, producer
                                                              (b )    08.04 A II  Fresh grapes other than table grapes
                                                                   ex 22.10       Edible wine vinegars
1 OJ No L 99, 5.5.1970, p. 1 .
 ---pagebreak---                                           Official Journal of the European Communities                                  279
                              Article 2                                                      Article 5
    The following shall be taken into • account when                  The intervals at which the list of products for which
    refunds are being fixed :                                         a refund^ is actually granted are to be fixed and the
                                                                      amount at which that refund is to be fixed shall be
    (a) the existing situation and future trends with                 determined according to the procedure provided for
          regard to :                                                 in Article 7 of Regulation No 241 on the progressive
                                                                      establishment of a common organisation of the
         — prices and availabilities of the products listed           market in wine.
              in Article 1 (2) on the Community market;
         — world market prices for those products :
                                                                                             Article 6
   (b ) the most advantageous marketing and transport
         costs from the Community markets to the ports                1.    The refund shall be paid upon proof:
         or other export points of the Community, as well
         as the costs of shipment to the country of                   (a) that the products have been exported from the
         destination;                                                      Community; and
    (c) the objectives of the common organisation of the              (b) that the products are of Community origin,
         market in wine, which are to ensure stability for                 except where Article 7 applies.
         the market and a natural development in respect
         of prices and trade;
                                                                     2. Where Article 4 applies the refund shall be paid
    (d) the need to avoid disturbances which might lead              under the conditions laid down in paragraph 1 of this
         to an imbalance between supply and demand on                Article, provided it is proved that the product has
         the Community market; and                                   been used for the purpose or has reached the
                                                                     destination for which the refund was fixed .
   (e) the economic aspect of the proposed exports.
                                                                     Exceptions may be made to this rule in accordance
                                                                     with the procedure referred to in paragraph 3 of this
                                                                     Article, provided equivalent conditions are laid down .
                             Article 3
  1 . t Community market prices shall be determined                  3.     Additional provisions may be adopted in
  on the basis of the most advantageous export prices .              accordance with the procedure laid down in Article 7
                                                                     of Regulation No 24.
  2.       The following shall be taken into account when
  the prices in international trade are being determined :                                   Article 7
   ( a ) prices , recorded on third country markets ;               No export refund shall be granted , on products listed
                                                                    in Article 1 (2) which are imported from third
  (b) the most advantageous prices in third countries               countries and re-exported to third countries, unless
         of destination for third country imports ;                 the exporter proves :
.(c) producer prices recorded in exporting third                     (a) that the product to be exported and the product
         countries,      account    being     taken,    where             previously imported are one and the same, and
         appropriate, of subsidies granted by those
         countries; and
                                                                     (b) that customs duties and, where appropriate, the
                                                                          countervailing charge have been collected on
  ( d) free-at-Community-frontier offer prices.                           importation .
                                                                    In such cases the refund on each product shall be
                             Article 4                              equal to customs duties and the countervailing charge
                                                                    collected on importation where the sum of these two
 "Where the international trade situation or the specific
 requirements of certain markets make this necessary,
 the Community refund may be varied according to
 the use or destination of a specific product.                      * OJ No 30, 20.4.1962, p. 989/62.
 ---pagebreak--- 280                                Official Journal of the European Communities
levies is lower than the refund applicable on the day                               Article 8
of exportation ; the refund shall be equal to the
refund applicable on the day of exportation where             This Regulation shall enter into force on 1 June
that sum is higher than this refund .                         1970 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 May 1970 .
                                                                                 For the Council
                                                                                  The President
                                                                                   Ch . HÉGER
                                  /