CELEX: 31973R0404
Language: en
Date: 1973-02-16 00:00:00
Title: Regulation (EEC) No 404/73 of the Commission of 15 February 1973 fixing the corrective amount applicable to the refund on cereals

16. 2 . 73                                Official Journal of the European Communities                           No L 44/5
                                     REGULATION (EEC) No 404/73 OF THE COMMISSION
                                                          of 15 February 1973
                                  fixing the corrective amount applicable to the refund on cereals
 THE COMMISSION OF THE EUROPEAN                                        pect of each month for which the export licence is
 COMMUNITIES,                                                          valid, on the cif price calculated on the basis of
 Having regard to the Treaty establishing the Euro­                    offers for shipment during the month of export­
 pean Economic Comunity ;                                              ation ;
 Having regard to Council Regulation No                                Whereas the corrective amount so fixed will be al­
 120/67/EEC (*) of 13 June 1967 on the common                          tered if application of the calculation procedure
 organization of the market in cereals, as last amen­                  described above entails a change in that amount of
 ded by the Act (2) annexed to the Treaty (3) on the                   more than 0.125 units of account ;
 Accession of new Member States to the European                        Whereas however Article 2 of Regulation No
 Economic Community and the European Atomic                            633/67/EEC provides that the corrective amount
 Energy Community, signed at Brussels on 22 January                    applicable to the amount of the refund fixed in
 1972, and in particular the third sentence of the first               advance on exports to be effected after the third
 subparagraph of Article 16 (4) thereof ;                              month following that during which the licence was
 Having regard to the Opinion of the Monetary                          issued should be fixed on the basis of foreseable
 Committee ;                                                          market trends ; whereas to this end account should
 Whereas Article 16 (4) of Regulation No 120/67/                      be taken of availabilities and foreseeable trends on
 EEC provides that the export refund appli­                           the Community market and of forward trends on
 cable to cereals on the day on which application                     the world market, in particular on those markets
 for an export licence is made, adjusted for the                      whose specific requirements have made it necessary
 threshold price in force during the month of ex­                     to vary the refund ;
 portation must be applied on request to exports to                   Whereas, if the levy system is to operate normally,
 be effected during the period of validity of the ex­                 levies should be calculated on the basis of an
 port licence ; whereas, in this case, a corrective                   exchange rate which is based, in the case of currencies
 amount must be applied to the refund ;                               which are floating or whose central rate differs from
Whereas Regulation No 633/67/EEC (4), as last                         the official parity, on the effective rate or the
 amended by Regulation (EEC) No 1461/72 (5), lays                     central rate of these currencies and, in the case of
 down detailed rules for the advance fixing of the                    the US dollar, on the change in parity announced
 export refund on cereals ;                                           on 13 February 1973 ;
Whereas that Regulation provides that the refund                      Whereas it follows from applying all these pro­
applicable on the day on which application for a                      visions that the corrective amount must be fixed as
export licence is made must when the refund is                        shown in the Table annexed to this Regulation ;
fixed in advance, be reduced by not more that the                     Whereas the measures provided for in this Regula­
difference between the cif forward delivery price                     tion are in accordance with the Opinion of the
and the cif price where the former exceeds the                        Management Committee for Cereals ;
latter by more than one unit of account per metric
ton ; whereas, on the other hand, the refund must                     HAS ADOPTED THIS REGULATION :
be increased by not more than the difference be­
                                                                                             Article 1
tween the cif price and the cif forward delivery
price where the former exceeds the latter by more                     The corrective amount referred to in Article 16 (4)
than one unit of account per metric ton ;                             of Regulation No 120/67/EEC which is applicable
Whereas the cif price is that determined in ac­                       to export refunds fixed in advance in respect of
cordance with Article 13 of Regulation No                             cereals is hereby fixed as shown in the Table an­
120/67/EEC ; whereas the cif forward delivery                         nexed to this Regulation .
price is that determined in accordance with Article                                          Article 2
3 (2) of Regulation No 140/67/EEC (6 ), as amended                    This Regulation shall enter into force on 16 February
by Regulation ( EEC ) No 2435 /70 (7 ), based , in res-               1973 .
(x) OJ   No  117, 19. 6. 1967, p . 2269/67.
(2) OJ   No  L 73 , 27. 3 . 1972, p . 14 .
(3) OJ   No  L 73 , 27. 3 . 1972, p . 5 .
(4) OJ   No  233 , 28 . 9 . 1967, p . 9 .
(5) OJ   No  L 155, 11. 7. 1972, p. 35.
(«) OJ   No  125 , 26. 6. 1967, p . 2456/67 .
(7) OJ   No  L 262 , 3 . 12 . 1970, p . 3 .
 ---pagebreak--- No L 44/6                             Official Journal of the European Communities                           16. 2. 73
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 15 February 1973 .
                                                                             For the Commission
                                                                                P. J. LARDINOIS
                                                                        Member of the Commission
                                                           ANNEX
            to the Commission Regulation of 15 February 1973 fixing the corrective amount applicable
                                                   to the refund on cereals
                                                                                                               (u.a. / ton 1
     CCT                                                         1st        2nd         3rd     4th    5th       6th
    heading           Description of goods         Current     period     period       period  period period   period
      No                                              2           3          4            5       6      7        8
10.01 A         Common wheat, and mes­
                  lin
10.01 B         Durum wheat
10.02           Rye
10.03           Barley
10.04           Oats
10.05 B         Maize other than hybrid
                  maize for sowing
10.07 C         Grain sorghum
NB : The zones are those defined in the Annex to Regulation (EEC) No 941/72 ( OJ No L. 107, 6. 5 . 1972).