CELEX: 31970R0570
Language: en
Date: 1970-03-26 00:00:00
Title: Regulation (EEC) No 570/70 of the Commission of 26 March 1970 laying down detailed rules for the advance fixing of export refunds on eggs

Official Journal of the European Communities                                      163
 No L 70/4                            Official Journal of the European Communities                                  27.3.70
                               REGULATION (EEC) No 570/70 OF THE COMMISSION
                                                     of 26 March 1970
                       laying down detailed rules for the advance fixing of export refunds on eggs
 THE    COMMISSION        OF    THE   EUROPEAN      COM­         Whereas, for the system of the advance fixing of
 MUNITIES ,                                                      export refunds to be correctly applied, advance fixing
                                                                 certificates should include certain minimum detailed
                                                                 rules for lodging applications for a certificate ;
 Having regard to the Treaty establishing the
 European Economic Community;                                    Whereas Article 5a (2) of Regulation No 175/67/EEC
                                                                 specifies that the issue of an advance fixing certificate
Having regard to Council Regulation No                           is subject to the lodging of a deposit; whereas the
 122/67/EEC1 of 13 June 1967 on the common                       amount of the deposit may be determined on the
 organisation of the market in eggs, as last amended             basis of possible price alterations during the time
 by Regulation (EEC) No 436/70 2 and in particular               limit allowed;
 Articles 9 (3 ) and 15 thereof;
                                                                 Whereas the deposit guarantees an obligation to
                                                                 export to the specified country or countries of
Whereas Council Regulation No 175/67/EEC3 of 27                  destination during the period of validity of the
June 1967 laid down general rules for granting                   certificate ; whereas the deposit is forfeited, in whole
 export refunds on eggs and criteria for fixing the              or in part, if this obligation is not fulfilled or is only
amount of such refunds ; whereas that Regulation                 partially fulfilled ; whereas the provisions to be
was supplemented by Council Regulation (EEC) No                  applied in this connection should be specified, in
437/704 of 10 March 1970 as regards general rules                particular in cases where the obligations incurred are
for the advance fixing of export refunds on eggs ;               not fulfilled for reasons of force majeure;
Whereas, in accordance , with Article 5a ( 1 ) of                Whereas, if the advance fixing system is to be
Regulation No 175/67/EEC, the refund shall be                    correctly administered, the Commission must have a
granted under the advance fixing system subject to               constant supply of information available;
the submission of an advance fixing certificate issued
by Member States to any applicant irrespective of the            Whereas the measures provided for in this Regulation
place    of   his  establishment   in  the    Community ;        are in accordance with the Opinion of the
whereas conditions for the drawing up and the use of             Management Commitee for Poultrymeat and Eggs ;
 that certificate should be defined ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas, in view of international trade practice in
egg products, a certain margin should be allowed in
respect of the quantitiy of products exported in                                          Article 1
relation to the quantity indicated in the certificate;
                                                                 1 . The advance fixing certificate referred to in
                                                                Article 5a of Regulation No 175/67/EEC, hereinafter
Whereas the period of validity of advance fixing                 called the 'certificate', shall oblige the holder to
certificates may be determined on the basis of the               export the net quantity of the specified product to
normal delivery period in trade in egg products ;                the specified country or countries of destination
                                                                 during the period of validity of the certificate.
1 OJ No 117, 19.6.1967, p. 2293/67.                             2. Where the quantity exported exceeds the
2 OJ No L 55, 10.3.1970, p. 1 .                                  quantity shown on the certificate by not more than
3 OJ No 130, 28.6.1967, p. 2610/67.                             5% , it shall be considered to have been duly
4 OJ No L 55, 10.3.1970, p . 2.                                 exported under that certificate.
 ---pagebreak--- 164                                  Qfficial Journal of the European Communities
3.      Where the quantity exported is less than the            (a) where the application was lodged at the offices of
quantity shown on the certificate by not more than                   the competent agency, the day on which it was
5% , the obligation to export shall be considered as                 lodged, provided that this was a working day for
fulfilled .                                                          that agency and that the application was lodged
                                                                     not later than 15.30 hours ;
                         Article 2                              (b) where the application was sent by letter or telex
                                                                     to the competent agency, the day on which the
The rights and obligations devolving from the                        application was received at that agency, provided
certificate are not transferable .                                   that it was received not later than 15.30 hours ;
                                                                (c) where the application was sent by telegram to the
                         Article 3                                   competent agency, the day on which it was
                                                                     received at that agency, provided that the
                                                                     telegram was accepted at the transmitting
1.      Subject to the provisions of paragraph 2, the                telegraph office not later than 15.30 hours, and
certificate shall be valid from the date of issue until
                                                                     that it reached the competent agency before
the end of the sixth month following that in which it                17.00 hours .
was issued.
2. In the case of exportation on the basis of an                2. Applications for certificates which arrive either
invitation to tender, the certificate shall be valid from       on a non-working day for the competent agency or
the date of issue until the date on which the                   on a working day for that agency but after the times
obligations devolving from the award under the                  referred to in paragraph 1 shall be deemed to have
invitation to tender are due to be fulfilled .                  been lodged on the first working day following the
                                                                day of their receipt.
The following shall be considered as invitations to
tender : non-confidential invitations from State                Applications for certificates which are sent by
agencies of third countries or from international               telegram in accordance with paragraph 1 ( c) and
organisations governed by public law to submit,                 arrive after 17.00 hours, shall be considered to be
within a set time limit, tenders, acceptance of which is        invalid, unless the applicant specifies in the telegram
decided by those agencies' or organisations.                    that, in the event of its late arrival, he intends to
                                                                apply for advance fixing of the refund on the first
                                                                working day following receipt of the telegram.
                         Article 4
                                                                Applications sent by telegram accepted at the
Until Community forms for the certificates are drawn
                                                                transmitting telegraph office after 15.30 hours shall
                                                                be considered as having been lodged on the first
up, Member States may use their own printed forms
                                                                working day following the day of their receipt, even
which, without prejudice to the provisions laid down
in other Regulations, Directives or Decisions, shall
                                                                though it may have reached the competent authority
                                                                before 17.00 hours.
contain all the details listed in Article 5 .
                                                                3.     During the period when Summer Time is in
                         Article 5                              force in Italy, the time limits laid down in this Article
                                                                shall be understood in that Member State to be one
Each certificate shall state :                                  hour later.
( a) the name and address of the applicant;
(b) description of the product to be exported and                                       Article 7
      indication of the tariff sub-heading within which
      it falls ;                                                1.     The amount of the deposit, which is required
                                                                for the issue of the certificate, shall be as fixed in the
(c) quantity of the products, expressed in net weight;          Annex to this Regulation.
(d) rate or rates of the refund, according to the
      country or countries of destination ;                     The deposit shall be lodged in the form of a
                                                                guarantee satisfying the criteria laid down by each
(e) final date of validity of the certificate.                  Member State.
                                                                The deposit must be lodged and the competent
                         Article 6                              authority notified thereof in writing not later than
                                                                17.00 hours on the day on which the application
1 . The day on which the application for the                    for the certificate was made, within the meaning of
 certificate was lodged shall be understood to be :             Article 6.
 ---pagebreak---                                       Official Journal of the European Communities                                    165
2.     The deposit shall be refunded :                           of the certificate is to be extended for the period of
                                                                 time required in view of the circumstances invoked.
 (a) once a quantity equal to 95% at least of the net
      quantity indicated in the certificate has been             2. "Where the competent authority accepts a given
      exported during the period of validity of the              circumstance constituting a case of force majeure, it
      certificate to the specified country or countries of       shall immediately notify the Commission thereof.
      destination;
(b ) in respect of the quantity for which the tenderer           3.     Where a' circumstance deemed to constitute a
      does not submit a sucessful tender.                        case of force majeure and relating to the country of
                                                                 destination is invoked, such circumstances can be
3.     Subject to the provisions of Article 8 , where the        accepted only if the country of destination was
obligation to export has been fulfilled only in respect          notified in time to the competent authority, before
of a part of the net quantity indicated in the                   the circumstance constituting the case of force
certificate, the deposit shall be forfeited in proportion        majeure occurred. Notification of the country of
                                                                 destination shall be considered to have been made in
to the amounts fixed in the Annex, as applied to an
overall quantity equal to the difference between :               time if, at the time of the notification, the appearance
                                                                 of the case of force majeure could not have been
 ( a) 95% of the net quantity indicated in the                   foreseen .
      certificate, and
                                                                 4. The exporter shall, by means of appropriate
(b) the net quantity exported.                                   documents, supply proof of the circumstances
                                                                 deemed to constitute a case of force majeure.
However, where the net quantity exported amounts
to less than 5% of the net quantity indicated in the
certificate, the net quantity indicated in the certificate                               Article 9
shall be substituted for the net quantity mentioned
under (a).                                                       Member States shall notify the Commission :
                                                                 (a) of the measures         taken    pursuant   to   this
                                                                     Regulation;
                          Article 8
                                                                 (b) before the tenth of each month, and initially
1 . Where exportation cannot be effected during                      before 10 May 1970, of the summary of
the period of validity of the certificate because of                 certificates issued during the preceding month.
circumstances deemed to constitute a case of force
majeure, the competent authority shall decide, at the                                    Article 10
request of ' the party concerned, either that the
obligation to export is to be cancelled, and that the            This Regulation shall enter into force on 1 April
deposit is to be released, or that the period of validity        1970 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 26 March 1970.
                                                                                     For the Commission
                                                                                        The President
                                                                                           Jean REY
 ---pagebreak--- 166           Official Journal of the European Communities
                                     ANNEX
      CCT                                                       Amount
    heading                      Description of goods        of the deposit
      No                                                      u. a. /100 kg
     04.05  Birds' eggs and yolks, fresh, dried or otherwise
            preserved, sweetened or not:
            B. Eggs, not in shell ; egg yolks
               I. Suitable for human consumption
                  (a) Eggs, not in shell
                      1 . Dried                                     5-0
                      2. Other                                      1-5
                  (b) Egg yolks
                      1 . Liquid                                    2-5
                      2 . Frozen                                    2-7     v
                      3 . Dried                                   • 5-0