CELEX: 31970R1232
Language: en
Date: 1970-06-29 00:00:00
Title: Regulation (EEC) No 1232/70 of the Council of 29 June 1970 amending Regulation (EEC) No 204/69 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

398                                    Official Journal of the European Communities
No L 141 /40                           Official Journal of the European Communities                               29 .6 . 70
                                  REGULATION (EEC) No 1232/70 OF THE COUNCIL
                                                       of 29 June 1970
                amending Regulation (EEC) No 204/69 laying down general rules for granting export
                refunds on certain agricultural products exported in the form of goods not covered by
                     Annex II to the Treaty, and the criteria for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Having regard to Council Regulation No 804/688 of
                                                                   27 June 1968 on the common organisation of the
                                                                   market in milk and milk products, as last amended
                                                                  by Regulation No 2622/69,9 and in particular Article
Having regard to the Treaty establishing the                       17 (3 ) thereof;
European Economic Community ;
                                                                  Having regard to Council Regulation (EEC) No
                                                                   1200/6910 of 26 June 1969 amending Regulation
Having regard to Council Regulation No
120/67/EEC1 of 13 June 1967 on the common                          (EEC) No 204/69 laying down general rules for
                                                                  granting export refunds on certain agricultural
organisation of the market in cereals, as last amended            products exported in the form of goods not covered
by Regulation (EEC) No 2463 /69,2 and in particular                by Annex II to the Treaty, and the criteria for fixing
Article 16 (5 ) thereof;                                          the amount of such refunds, . and in particular Article
                                                                  2 thereof;
Having regard to Council Regulation No
122/67/EEC3 of 13 June 1967 on the common                         Having regard to the proposal from the Commission ;
organisation of the market in eggs, as last amended
by Regulation (EEC) No 436/70,4 and in particular
the fourth subparagraph of Article 9 (2) thereof;                 Whereas Article 3 (3 ) of Council Regulation (EEC)
                                                                   No 204/6911 of 28 January 1969 laying down general
                                                                  rules for granting export refunds on certain
Having regard to Council                  Regulation No'           agricultural products exported in the form of goods
359/67/EEC5 of 25 July 1967              on the common             not covered by Annex II to the Treaty, and the
organisation of the market in rice,     as last amended by         criteria for fixing the amount of such refunds, as last
Regulation (EEC) No 2463/69,            and in particular          amended by Regulation (EEC) No 489/70,12 provides,
Article 17 (5 ) thereof;                                          for ease of administration, that for certain goods of
                                                                  simple and relatively constant composition, listed in
                                                                  Annex C to that Regulation, the quantity of basic
Having      regard      to     Council    Regulation    No        products to be taken in calculating the amount of the
1009/ 67/ EEC6 of 18 December 1967 on the common
                                                                  refund shall be that shown in that Annex against
organisation of the market in sugar, as last amended              each of those goods ;
by Regulation (EEC) No 853 /70,7 and in particular
the fifth subparagraph of Article 17 (2) thereof;
                                                                  Whereas it may be that the goods in question are not
                                                                  manufactured exclusively from basic agricultural prod­
                                                                  ucts, products processed from such products or from
  OJ   No  117, 19.6.1967, p. 2269/67.
  OJ  No   L 312, 12.12.1969, p. 3.
  OJ   No  117, 19.6.1967, p. 2293/67.                             8 OJ No L 148, 28.6.1968, p. 13 .
  OJ   No  L 55, 10.4.1970, p. 1 .                                 »  OJ No L 328, 30.12.1969 , p. 8 .
  OJ   No  174, 31.7.1967, p. 1 .                                 10  OJ No L 155 , 28.6.1969, p . 1 .
  OJ   No  308 , 18.12.1967, p . 1 .                              11 OJ No L 29, 5.2.1969, p. 1 .
  OJ   No  L 103 , 13.5.1970, p. 2.                               12  OJ No L 62, 18.3.1970, p . 1 .
 ---pagebreak---                                      Official Journal of the European Communities                                     399
 assimilated products satisfying the conditions laid                 'However, where the goods in question have been
down in Article 9 (2) of the Treaty, but sometimes                   manufactured partly from basic products,
also from products covered by inward processing                      products processed from such products, or from
arrangements ; whereas, in such cases, the amount of                 assimilated products, covered by inward
the refund must be calculated on the basis only of the               processing arrangements , and partly from basic
quantities of products satisfying the conditions laid                products, processed from such products or
down in Article 9 (2) of the Treaty which have                        assimilated products, satisfying the conditions laid
actually been used for the manufacture of those                       down in Article 9 (2) of the Treaty, the quantity
goods ; whereas such quantities should be determined                 of basic products to be taken for calculating the
in accordance with the general rules laid down in                    refund to be granted in respect of the latter class
Article 3 ( 1 ) and (2) of Regulation (EEC) No 204/69 ;               of products shall be determined in accordance
                                                                      with the provisions of paragraphs 1 and 2.'
Whereas Article 4 (4) of Regulation (EEC) No 204/69
provides that, in respect of caseinates falling within
sub-heading No 35.01 C of the Common Customs
Tariff, if the world trade situation or the specific            2. The following shall be substituted for Article 8
requirements of certain markets so require, the                 (3 ) of Regulation (EEC) No 204/69 :
refund on those goods may be varied according to
destination;
                                                                     'Except in the case mentioned in the second
                                                                     subparagraph of Article 3 (3 ), the provisions of
Whereas Article 2 of Regulation (EEC) No 1200/ 69                    paragraph 1 shall not apply to exports of goods
provides that the Council shall decide, before 1 July                listed in Annex C. '
1970, whether the power to vary the export refund
should be withdrawn or maintained ;
Whereas, in order to maintain the export outlets for
caseins to certain third countries, Article 4 (4) of                                      Article 2
Regulation (EEC) No 204/69 should continue to be
applied to such goods and Article 2 of Regulation               1.      Article 4 (4) of Regulation (EEC) No 204/69
(EEC) No 1200/69 should therefore be repealed, that             shall be maintained .
Article serving no further purpose ;
                                                                2. Article 2 of Regulation (EEC) No 1200/69 is
HAS ADOPTED THIS REGULATION :
                                                                hereby repealed.
                          Article 1
                                                                                          Article 3
1 . The following subparagraph shall be added to
Article 3 (3 ) of Regulation (EEC) No 204/69 :                  This Regulation shall enter into force on 1 July 19 / 0 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg, 29 June 1970.
                                                                                       For the Council
                                                                                        The President
                                                                                          Ch . HÉGER