CELEX: 31972R2686
Language: en
Date: 1972-12-12 00:00:00
Title: Regulation (EEC) No 2686/72 of the Council of 12 December 1972 supplementing Regulation No 177/67/EEC on the general rules for the advance fixing of export refunds on pigmeat

66                            Official Journal of the European Communities
27.12.72                      Official Journal of the European Communities                     No L 289/37
                     REGULATION (EEC) No 2686/72 OF THE COUNCIL
                                            of 12 December 1972
            supplementing Regulation No 177/67/EEC on the general rules for the advance
                                    fixing of export refunds on pigmeat
THE COUNCIL OF THE EUROPEAN COMMUNI­                     the lodging of a deposit which shall be forfeited
TIES,                                                    if the goods are not exported within the period
                                                         of validity of the certificate;
Having regard to the Treaty establishing the             Whereas, for the different products covered by
European Economic Community;                             a common organisation of the market, in the
Having regard to Council Regulation No                   interest of stable trading conditions, provision
121/67/EEC1 of 13 June 1967 on the common                has been made for the advance fixing of the
organisation of the market in pigmeat, as last           levy or the export refund; whereas, however,
amended by Regulation (EEC) No 2685/72,2 ,               experience has shown that in certain circum­
and in particular Article 15 (4) thereof;                stances and, in particular, in cases of abnormal
                                                         resort to this system by the persons concerned,
Having regard to the proposal from the Com­              there was a threat of difficulties on the market
mission;                                                 in question;
Whereas Council Regulation (EEC) No 2685/72              Whereas, in order to remedy such a situation
of 12 December 1972 supplementing Regulation             it must be possible for measures to be taken
No 121/67/EEC on the advance fixing of                   rapidly; whereas, therefore, provision should
export efunds on pigmeat enabled refunds in the          be made for the Commission to adopt such
sector concerned to be fixed in advance;                 measures after receiving the Opinion of the
Whereas it is therefore necessary to supplement          Management Committee or, in cases of urgency,
Council Regulation No 177/67/EEC3 of                     without waiting for the latter to meet;
27 June 1967 laying down general rules for
granting export refunds on pigmeat and
criteria for fixing the amount of such refunds,
                                                         HAS ADOPTED THIS REGULATION :
with rules for the advance fixing of export
refunds ;
Whereas it is only necessary to fix refunds in                                  Article 1
advance in certain cases ; whereas such a decision
should be taken in accordance with Article 24
of Regulation No 121/67/EEC;                             Article 5 of Regulation No 177/67/EEC shall
                                                         be replaced by the following:
Whereas the possibility of fixing refunds in
advance makes it necessary to take steps to                   '1 .    The list of products on which an
ensure that in every case the exports are                     export refund is granted and the amount of
carried out as stated in the application; whereas             such refund shall be fixed at least once every
to that end, each applicant should receive a                  three months .
certificate requiring the goods in question to                2.     The amount of the refund shall be
be exported within a given period;
                                                              that applicable on the day of exportation.
Whereas, in order to avoid abuse the issue of
such certificates should be conditional upon                  3.     However, it may be decided upon
                                                              request, that the refund be fixed in advance.
                                                              In such a case, the export refund applicable
1 OJ No 117, 19.6.1967, p. 2283/67.
                                                              on the day on which the application for the
2 OJ No L 132, 18.6.1971, p. 1.                               certificate is lodged, shall be applied, if the
s OJ No 130, 28.6.1967, p. 2614/67.                           party concerned so requests at the same
 ---pagebreak---                              Official Journal of the European Communities                                67
   time as the application for the certificate             '1 .    The granting of the refund under the
   is made (the request to be made not later               conditions laid down in Article 5 (3) shall
   than 13.00 hours), to exports effected during           be conditional on the presentation of a
   the period of validity of the certificate.              certificate of advance fixing issued by
   4.     When examination of the market                   Member States to applicants, irrespective
   situation shows that there are difficulties             of their place of establishment in the Com­
   due to the application of the provisions                munity.
   concerning the advance fixing of the export
   refund, or that such difficulties may occur,            Such certificates shall be valid throughout
   a decision may be taken, in accordance                  the Community.
   with the procedure laid down in Article 24
   of Regulation No 121/67/EEC, to suspend                 2.     The issue of a certificate of advance
   the application of these provisions for the             fixing shall be conditional upon the lodging
   period strictly necessary.                              of a deposit guaranteeing that the export­
   In cases of extreme urgency, the Commission             ation shall be carried out within the period
   may, af er examination of the situation,                of validity of the certificate; if the operation
   decide on the ^asis of all the information              is not carried out, or only partially carried
   available to it to suspend advance fixing for           out, within that period the deposit shall be
   a maximum of three days .                               forfeited in whole or in part.'
   Applications for certificates accompanied
   by application for advance fixing lodged
   during the period of suspension shall be
                                                                             Article 3
   rejected.'
                     Article 2
                                                       This Regulation shall enter into force on the
The following Article 5 (a) shall be inserted in       third day following its publication in the
Regulation No 177/67/EEC:                              Official Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all
           Member States .
           Done at Brussels, 12 December 1972.
                                                                        For the Council
                                                                          The President
                                                                          P. LARDINOIS