CELEX: 31967R0139
Language: en
Date: 1967-06-21 00:00:00
Title: Regulation No 139/67/EEC of the Council of 21 June 1967 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds

88                                  Official Journal of the European Communities
26.6.67                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                          2453 /67
                               REGULATION No 139/67/EEC OF THE COUNCIL
                                                      of 21 June 1967
                   laying down general rules for granting export refunds on cereals and criteria for
                                            fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN ECONOMIC                              world market should be taken into account when the
COMMUNITY,                                                        amount of the refund is being fixed;
Having regard to the Treaty establishing the Euro­                Whereas .the second subparagraph of Article 16 (4) of
pean Economic Community ;                                         Regulation No 120/67/EEC provides for the advance
                                                                  fixing of export refunds on flour, groats and meal ;
Having regard to Council Regulation No 120/67/                    whereas, in view of" the existence of a future market
EEC1 of 13 June 1967 on the common organisation                   in international trade in these products, provision
of the market in cereals,,, and in particular Article 16 ,        should be made for the advance fixing of the refund
(5) thereof;                                                      in respect of exports to be effected at a later date;
Having regard to the proposal from the Commission ;1              Whereas provision must be made for varying the
                                                                  amount of the refund according to the destination of
                                                                  the products, since markets in the countries of desti­
Whereas export refunds on products subject to the                 nation are at varying distances from Community
common organisation of the market in cereals must                 markets and special conditions apply to imports in
be fixed in accordance with certain criteria which
                                                                  certain countries of destination ;
would make it possible to cover the difference be­
tween quotations and prices for those products                    Whereas to avoid distortions of competition between
within the Community and on the world market,                     individual Community traders, the administrative con­
while respecting the general aims of the common­                  ditions under which they operate must be identical
organisation; whereas to this end the supply situation            throughout the Community ;
and prices for cereals within the Community and the
price situation on the world market for cereals and               Whereas to ensure Community traders sufficient sta­
cereal products must be taken into account ;                      bility in the amount of the refund, the period for
                                                                  which the amounts may remain unchanged should be
Whereas, in view of the considerable fluctuatipns in              fixed at one week, subject to any alterations which
quotations for cereals on the world market over time              may be made in the intervening period pursuant to
and the disparity between the prices at which cereals             the second sentence of the fourth subparagraph of
are offered by various countries on that market, a re­            Article 16 (2) of Regulation No 120/67/EEC ;
fund should be fixed which, for the purpose of cover­
ing the difference between world prices and prices                Whereas there does not appear to be any justification
ruling within the Community, particularly in view of              for granting a refund on cereals imported from third
costs incurred in placing these products on the mar­              countries and re-exported to third countries ; whereas
ket, would take the difference between representative            :the reimbursement, under certain conditions, of the
prices within the Community and the most favour­                  levy collected on importation is sufficient to allow
able quotations on the world market into account;                 these cereals to be placed on the world market again ;
Whereas to enable flour, groats and meal to be ex­                HAS ADOPTED THIS REGULATION :
ported, the. prices and quantities of cereals used in the
manufacture of these products within the ..Com­
                                                                                          Article 1
munity, the value of by-products and the possibilities
and conditions for the sale of these products on the
                                                                  This Regulation lays down rules for fixing and grant- .
                                                                  ing export refunds on the products listed in Article 1
1 OJ No 117, 19.6.1967, p . 2269/67.                              of Regulation No 120/67/EEC.
 ---pagebreak---                                     Official Journal of the European Communities                                    89
                          Article 2                           (c) possibilities and conditions for the sale of these
                                                                   products on the world market.
The following shall be taken into account when re­
funds are being fixed :                                                                Article 5
( a) the existing situation and the future trend with
     regard to :                                              1 . The refund may be increased by a compensatory
                                                              amount in respect of stocks of common wheat,
     — prices and availabilities of cereals on the            durum wheat, rye, barley and maize harvested within
          Community market;                                   the Community in hand at the end of the marketing
                                                              year ajid forming part of that year's crop which are
     — prices for cereals and cereal products on the          exported in the natural state or in the form of prod­
          world market;                                       ucts listed in Article 1 (c) of Regulation No 120/67/
(b) the aims of the common organisation of the mar­           EEC between the beginning of the following market­
     ket in cereals, which are to ensure equilibrium          ing year and dates still to be determined.
      and the natural development of prices and trade         Before 15 March of each year the Council, acting in
     on this market;                                          accordance with the voting procedure laid down in
(c) the need to avoid disturbances on the Community           Article 43 (2) of the Treaty on a proposal from the
     market; and                                              Commission, shall, if necessary, determine the cereals
                                                              to which the provisions of the preceding subpara­
(d) the economic aspect of the proposed exports .             graph shall apply.
                          Article 3                           2. The compensatory amount for each cereal shall
                                                              be equal to the difference between the target price
                                                              valid for the last month of the marketing year and
Refunds on the products listed in Article 1 (a) and (b )      that valid for the first month of the new marketing
of Regulation No 120/67/EEC shall be fixed in ac­             year.
cordance with the following specific criteria :.
                                                              This amount shall however be reduced by the
( a) cereal prices ruling on the various representative       amount of the carry-over payment already granted
      export markets of the Community;                        pursuant to Article 9 (2) and, where appropriate,
(b) the most favourable quotations recorded on the            Article 9 ( 1 ) of Regulation No 120/67/EEC.
      various markets of importing third countries; and
                                                              3 . The compensatory amount shall be granted
(c) marketing costs and the most favourable trans­            only if stocks reach a minimum level.
      port charges from the Community markets re­
      ferred to in (a) to ports or other points of export
      in the Community serving these markets, as well                                  Article 6
      as costs incurred in placing the goods on the
      world market.
                                                              Where the world market situation or the specific re­
                                                              quirements of .certain markets make this necessary,
                          Article 4                           the refund for the Community on the products listed
                                                              in Article 1 (a), (b) and (c) of Regulation No 120/67/
1.     For the products listed in Article 1 (c) of Regu­      EEC may be varied according to destination.
lation No 120/67/EEC, the refund applicable on the
day on which the application for export licence is                                      Article 7
lodged, adjusted on the basis of the threshold price in
force during the month of exportation, shall be ap­
plied to exports to be effected during the validity of        1.     The refund shall be paid upon proof:
the export licence if the applicant so requests when          — that the products have been exported from the
applying for the licence.                                          Community, and
2.      Refunds shall be fixed in accordance with the         — that the products listed in Article 1 (a) and (b) of
following specific criteria :                                     Regulation No 120/67/EEC are of Community
                                                                   origin, except where Article 9 of the present Regu­
 (a) cereal prices ruling on the various Community                 lation applies.
      markets;
 (b) the quantities of cereals required for the manu­         2. Where Article 6 applies, the refund shall be paid
      facture of the products in question and the value       under the conditions laid down in paragraph 1 of this
      of by-products ;                                         Article, provided it is proved that the product has
 ---pagebreak--- 90                                Official Journal of the European Communities
reached the destination . for which the refund was           which are imported from third countries and re-ex­
fixed.                                                       ported to third countries, unless the exporter proves :
Exceptions may be made to this rule in accordance            — that the product to be exported and the product
with the procedure referred to in paragraph 3 of this            previously imported are one and the same, and
Article, provided conditions are laid down which of­
fer equivalent guarantees.                                   — that the levy was collected on importation.
3 . Additional provisions may be adopted in ac­              In such cases the refund on each product shall be
cordance with the procedure laid down in Article 26          equal to the levy collected on importation where this
of Regulation No 120/67/EEC.                                 levy is lower than the refund applicable on the day of
                                                             exportation; the refund shall be equal to the refund
                                                             applicable on the day of exportation where the levy
                        Article 8                            collected on importation is higher than this refund.
The refunds on the products listed in Article 1 (a), (b)
and (c) of Regulation No 120/67/EEC shall be fixed                                  Article 10
once a week.
                                                             This Regulation shall enter into force on the day fol­
                        Article 9                            lowing its publication in the Official Journal of the
                                                             European Communities.
No export refund shall be granted on products listed
in Article 1 (a) and (b) of Regulation No 120/67/EEC         It shall apply from 1 July 1967.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 21 June 1967. ,
                                                                                  For the Council
                                                                                    The President
                                                                                R. VAN ELSLANDE