CELEX: 31970R2435
Language: en
Date: 1970-11-30 00:00:00
Title: Regulation (EEC) No 2435/70 of the Council of 30 November 1970 amending Regulations Nos 140/67/EEC and 365/67/EEC on rules for the advance fixing of levies on cereals, rice and broken rice

818                                    Official Journal of the European Communities
3.12.70                                Official Journal of the European Communities                               No L 262/3
                                  REGULATION (EEC) No 2435 /70 OF THE COUNCIL
                                                    of 30 November 1970
                amending Regulations Nos 140/67/EEC and 365 /67/EEC on rules for the advance fixing
                                          of levies on cereals, rice and broken rice
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            entails further consequences for the application of
                                                                    Article 8 of Regulations No 140/67/EEC and No
Having regard to the Treaty establishing the                        365/67/EEC ;
European Economic Community;
                                                                    Whereas, as a result of' the amendments to Article 15
Having regard to Council Regulation No                              of Regulation (EEC) No 120/67/EEC and to Article
 120/67/EEC1 of 13 June 1967 on the common                          13 of Regulation No 359/67/EEC . by Regulation
organisation of the market in cereals, 'as last amended             (EEC) No 2434/70, a statement of the expected
by Regulation (EEC) No 2434/70,2 and in particular                  month of importation is no longer required from the
Article 15 (4) thereof;                                             importer; whereas, therefore, the present provisions
                                                                    of Article 9 of Regulation No 140/67/EEC and of
                                                                    Article 9 of Regulation No 365/67/EEC no longer
Having regard to Council Regulation No                              serve a useful purpose; whereas, however, the
359/67/EEC3 of 25 July 1967 on the common                           possibility of adopting detailed rules on the premium
organisation of the market in rice, as last amended by              to be applied in exceptional cases should be
Regulation (EEC) No 2434/70, and in particular                      envisaged ;
 Article 13 (4) thereof;
Having regard to the proposal from the Commission ;                 HAS ADOPTED THIS REGULATION :
Whereas, in pursuance of Article 7 ( 1 ) of Council                                        Article 1
Regulation No 140/67/EEC4 of 21 June 1967 on
rules for the advance fixing of levies on cereals, and              The following shall be substituted for Article 7 of
of Article 7 ( 1 ) of Council Regulation No                         Regulation No 140/67/EEC :
365/67/EEC5 of 25 July 1967 on rules for the
advance fixing of levies on rice and broken rice, as                    'In exceptional cases where special circumstances
amended by Regulation No 1018/67/EEC,6 the scale                        cause considerable price fluctuations on the
of premiums may be fixed at a higher level if in                        cereals market, which could not be foreseen in the
exceptional circumstances extraneous factors provoke                    light of supply and demand on the world market,
major price variations on the market in cereals and                     the premium may be fixed at a level higher than
rice which could not be foreseen; whereas the                           that resulting from the provisions of the preceding
expression 'extraneous factors' cannot always be                        Articles.
precisely defined and whereas there is thus a risk of
having to exclude certain factors which ought also to                   The premium shall not be increased by more than
entail the application of the provisions of these                       the difference between the c.i.f. price fixed for
Articles ; whereas in order to eliminate this risk the                  each product and the last c.i.f. price fixed for each
expression 'extraneous factors' should be replaced                      product before prices began to be affected by the
by a broader concept ; whereas this amendment                           special circumstances^mentioned in paragraph 1 .'
                                                                                           Article 2
1 OJ  No 117, 19.6.1967, p. 2269/67.
2 OJ  No L 262, 3.12.1970, p. 1 .                                   The- following shall be substituted for Article 7 of.
3 OJ  No 174, 31.7.1967, p. 1 .                                     Regulation (EEC) No 365/67 :
4 OJ  No . 125, 26.7.1967, p. 2456/67.
5 OJ  No 174, 31.7.1967, p. 32.                                         'In exceptional cases where special circumstances
6 OJ  No 311 , 21.12.1967, p. 12.                                       cause considerable price fluctuations on the rice
 ---pagebreak---                                      Official Journal of the European Communities                                819
    market, which could not be foreseen in the light                adopted as necessary, in accordance with the
    of supply and demand on the world market, the                  procedure laid down in Article 26 of Regulation
   premium may be fixed at a level higher than that                No 120/67/EEC .'
    resulting from the provisions of the preceding
   Articles .
                                                                2. The following shall be substituted for Article 9
    The premium shall not be increased by more than             of Regulation (EEC) No 365/67/EEC :
    the difference for each product between the c.i.f.
    price and the last c.i.f. price before the prices               'Rules regarding the premium from the scale laid
    began to be affected by the special circumstances               down to be applied in exceptional cases shall be
    mentioned in paragraph 1 became apparent.'                      adopted as necessary, in accordance with the
                                                                   procedure laid down in Article 26 of Regulation
                                                                   No 120/67/EEC .'
                          Article 3
1.    The following shall be substituted for Article 9                                 Article 4
of Regulation No 140/67/EEC :
    'Rules regarding the premium from the scale laid            This Regulation shall enter into force on 1- January
    down to be applied in exceptional cases shall be            1971 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
              . States .
                Done at Brussels, 30 November 1970.
                                                                                    For the Council
                                                                                      The President
                                                                                     H. D. GRIESAU