CELEX: 31967R0366
Language: en
Date: 1967-07-25 00:00:00
Title: Regulation No 366/67/EEC of the Council of 25 July 1967 laying down general rules for granting export refunds on rice and criteria for fixing the amount of such refunds

Official Journal of the European Communities                                     213
No 174/34                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                       31.7.67
                                REGULATION No 366/67/EEC OF THE COUNCIL
                                                     of 25 July 1967
               laying down general rules for granting export refunds on rice and criteria for fixing the
                                                 amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       markets in the countries of destination or on the
                                                                basis of the special conditions which apply to imports
Having regard to the Treaty establishing the                    in certain of these countries ;
 European Economic Community ;
                                                                Whereas to avoid distortions of competition between
Having regard to Council Regulation No                          Community traders, the administrative conditions
359/67/EEC1 of 25 July 1967 on the common                       under which they operate must be identical
 organisation of the market in rice, and in particular          throughout the Community;
Article 17 (5 ) thereof;
                                                                Whereas to ensure Community traders sufficient
Having regard to the proposal from the Commission ;             stability in the amount of the refund, the period for
                                                                which the amounts may remain unchanged should be
Whereas export refunds on products subject to the               fixed at one week, subject to any alterations which
common organisation of the market in rice must be               may be made in the intervening period pursuant to
fixed in accordance with certain criteria which would           the second sentence of the fourth subparagraph of
make it possible to cover the difference between                Article 17 (2) of Regulation No 359/67/EEC ;
quotations and prices for those products within the
Community and on the world market, while                        Whereas there does not appear to be any justification
respecting the general aims of the common                       for granting a refund on paddy rice or husked rice
organisation ; whereas to this end the supply situation         imported from third countries and re-exported to
within the Community and the price situation on the             third countries unless certain conditions are fulfilled ;
world market and within the Community for rice and
broken rice must be taken into account ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas, in view of the considerable fluctuations in
quotations for rice and broken rice on the world
market over time and the disparity between the prices                                   Article 1
at which these products are offered by various
countries on that market, a refund should be fixed
which, for the purpose of covering the difference               This Regulation lays down rules for fixing and
between world prices and prices ruling within the               granting export refunds on the products listed in
Community, particularly in view of costs incurred in            Article 1 of Regulation No 359/67/EEC.
placing these products on the market, would take the
difference between representative prices within the                                     Article 2
Community and the most favourable quotations on
the world market into account;
                                                                The following shall be taken into account when
                                                                refunds are being fixed :
Whereas Article 17 (2) of Regulation No 354/67/EEC
provides that the amount of the refund may be varied            ( a) the existing situation and the future trend with
according to the destination of the products and                      regard to :
whereas it should be varied on the basis of the
distances separating the Community market from                       — prices and availabilities of rice and broken
                                                                          rice on the Community market ;
                                                                     — prices for rice and broken rice on the world
1 OJ N 174, 31.7.1967, p . 1 .                                           market;
 ---pagebreak--- 214                                     Official Journal of the European Communities
(b ) the aims of the common organisation of the                    where appropriate, pursuant          to . Article 8  of
         market in rice, which are to ensure equilibrium           Regulation No 359/67/EEC.
         and the natural development of prices and trade
         on this market ;                                          3.    The compensatory amount shall be granted
(c) the heed to avoid disturbances on the Community                only if stocks reach a minimum level.
         market ; and
( d ) the economic aspect of the proposed exports .
                                                                                           Article 5
                            Article 3                              Where the world market situation or the specific
                                                                   requirements of certain markets make this necessary
Refunds on the products listed in Article 1 of                     the refund on the products referred to in Article 3
Regulation No 359/67/EEC, with the exception of                    may be varied according to destination.
those listed in Article 1 ( c) of that Regulation, shall
be fixed in accordance with the following specific
criteria :                                                                                 Article 6
( a) prices for these products ruling on the various
         representative export markets of the Community ;          1 . The refund on the products referred to in
                                                                   Article 3 shall be paid upon proof :
( b ) the most favourable quotations recorded on the
         various markets of importing third countries ; and        — that the products have been exported from the
                                                                       Community, and
(c) marketing costs and the most favourable
         transport charges from the Community markets              — that the products, as far as pad.dy rice and husked
         referred to in ( a) to ports or other points of               rice are concerned, are of Community origin,
         export in the Community serving these markets,                except where Article 8 applies .
     . . as well as costs incurred in placing the goods on
         the world market.
                                                                   2.    Where Article 5 applies, the refund shall be paid
                                                                   under the conditions laid down in paragraph 1 ,
                            Article 4                              provided it is proved that the product has reached
                                                                   the destination for which the refund was fixed .
1 . The refund may be increased by a                               Exception may be made to this rule in accordance
compensatory amount in respect of stocks of paddy                  with the procedure referred to in paragraph 3 ,
rice harvested within the Community and husked rice                provided conditions are laid down which offer
obtained therefrom in hand at the end of a marketing               equivalent guarantees.
year and forming part of that year's crop which are
exported in the natural state or in the form of wholly
milled rice or semi-milled rice between the beginning              3.    Additional provisions may be adopted in
of the following marketing year and dates still to be              accordance with the procedure laid down in Article
determined .                                                       26 of Regulation No 359/67/EEC .
Before 1 July of each year the Council, acting in
accordance with the voting procedure laid down in                                          Article 7
Article 43 (2) of the Treaty on a proposal from the
Commission, shall, if necessary, determine the
products to which the provisions of the preceding                  The refunds on the products referred to in Article 3
                                                                   shall be fixed once a week .
subparagraph shall apply.
2.         The compensatory amount shall be equal to :
                                                                                           Article 8
— the difference between the target price valid for
        the last month of the marketing year and that              No export refund shall be granted on paddy rice and
        valid for the first month of the new marketing             husked rice which is imported from third countries
        year in the case of husked rice ;                          and re-exported to third countries, unless the
— that difference adjusted by the conversion rate in               exporter proves :
        the case of paddy rice.
                                                                   — that the product to be exported and the product
                                                                       previously imported are one and the. same, and
This amount shall however be reduced by the
amount of the carry-over payment already granted,                  — that the levy was collected on importation.
 ---pagebreak---                                     Official Journal of the European Communities                                215
In such cases the refund on each product shall be                                     Article 9
equal to the levy collected on importation where this
levy is lower than the refund applicable on the day            This Regulation shall enter into force on the day
of exportation ; the refund shall be equal to the refund       following its publication in the Official Journal of
applicable on the day of exportation where the levy            the European Communities.
collected on importation is higher than this refund.           It shall apply from 1 September 1967.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 25 July 1967.
                                                                                     For the Council
                                                                                      The President
                                                                                     H. HOECHERL