CELEX: 31973R1968
Language: en
Date: 1973-07-19 00:00:00
Title: Regulation (EEC) No 1968/73 of the Council of 19 July 1973 laying down general rules to be applied in the event of the cereals market being disturbed

No L 201 / 10                          Official Journal of the European Communities                               21 . 7. 73
                             REGULATION (^EC) No 1968/73 OF THE COUNCIL
                                                       of 19 July 1973
              laying down general rules to be applied in the event of the cereals market being
                                                          disturbed
THE COUNCIL OF THE EUROPEAN                                       Article 19 of Regulation No 120/67/EEC when it
COMMUNITIES,                                                      exceeds it by at least 2 % .
Having regard to the Treaty establishing the European
Economic Community ;                                              2. This excess shall be regarded as being likely to
                                                                  continue where an imbalance between supply and
                                                                  demand is established and where this imbalance is
Having regard to Council Regulation No 120/
67/EEC (1) of 13 June 1967 on the common organiza­                likely to persist, having regard to foreseeable produc­
tion of the market in cereals, as last amended by Regu­           tion and market price trends.
lation (EEC) No 1346/73 (2), and in particular the
second paragraph of Article 19 thereof ;                          3 . The Community market shall be regarded as
                                                                  being disturbed or threatened with disturbance, as a
Having regard to the proposal from the Commission ;               result of the situation referred to in paragraphs 1 and
                                                                  2, where international trade prices are so high as to
Whereas Article 19 of Regulation No 120/67/EEC                    impede importation of products mentioned in Article
provides that, when the cif price of one or more of the           2 of Regulation No 120/67/EEC into the Community,
products mentioned in Article 2 of that Regulation is             or provoke exportation of such products from the
appreciably higher than the threshold price, and that             Community, either of which situations would jeopar­
situation is likely to continue, thereby disturbing or            dize supplies within the Community.
threatening to disturb the Community market, the
necessary measures may be taken ;
Whereas the general rules for applying these provi­                                       Article 2
sions, and in particular the criteria for establishing
that the cif price is appreciably higher than the
threshold price and for deciding whether the situation            1 . Where the conditions specified in Article 19 of
is likely to continue, should be laid down ;                      Regulation No 120/67/EEC are met, in accordance
                                                                  with the criteria laid down in Article 1 , the following
Whereas, to avoid disturbances on the Community                   measures may be taken :
market, it is necessary to ensure an adequate supply of
cereals ; whereas, to this end, levies could be charged          — application of an export levy, which may be fixed
on exports and the total or partial suspension of the                  by a tendering procedure,
issue of export licences ;
                                                                 — fixing of a time limit for the issue of export
Whereas it is also necessary to establish criteria for                 licences,
calculating the export levies having regard to the
economic situation ;
                                                                 — total or partial suspension of the issue of export
                                                                       licences,
Whereas Community obligations to supply food aid
are such that exports of products for that purpose
should be excluded from this Regulation ;                        — total or partial rejection of outstanding requests for
                                                                       the issue of export licences.
                                                                  2. The measures provided for in paragraph 1 may
HAS ADOPTED THIS REGULATION :
                                                                  be taken in respect of one or more of the products
                                                                  listed in Article 1 of Regulation No 120/67/EEC,
                                                                  where this is made necessary by the market situation
                         Article 1                                and the relationship between those products.
1 . The cif price shall be regarded as appreciably
higher than the threshold price within the meaning of             3 . The measures referred to in paragraph 1 shall be
                                                                  abrogated at the latest as soon as it is found that, for a
(») OJ No 117, 19. 6. 1967, p. 2269/67.                           period of three consecutive week§, the condition
(2) OJ No L 141 , 28 . 5.-1973, p. 8 .                            referred to in Article 1 ( 1 ) is no longer fulfilled .
 ---pagebreak--- 21 . 7. 73                           Official Journal of the European Communities                         No L 201 / 11
                         Article 3                              However, the export levy in force on the day on
                                                               which the licence is applied for may, on application
1 . The following shall be taken into account when             from the interested party be lodged at the same time
the export levy is being introduced :                          as the application for a licence, and befdre 1 p.m. be
(a) situation and trends :                                     applied to exports to be effected during the period of
     — for cereal prices and available quantities on the       validity of that licence.
         Community market,                                      5. No levy shall be applied to exports effected by
    — for cereal prices and for prices of products             way of food aid under Article 22a of Regulation No
         falling within the cereals sector on the world         120/67/ EEC .
         market ;
(b) the objectives of the common organization of the                                    Article 4
     market in cereals, namely to balance that market
     both as regards supplies and as regards trade ;            1 . Detailed rules for the application of this Regula­
(c) the economic aspect of the exports.                         tion shall be adopted in accordance with the proce­
                                                               dure laid down in Article 26 of Regulation No 120/
2. The export levy :                                            67/EE'C.
(a) for products referred to in Article 1 (a) and (b) of        2.     The Decision to introduce and to abolish, for
     Regulation No 120/67/EEC shall be fixed on the            each of the products, the measures referred to in
     basis of the difference between the cif price and         Article 2 shall be taken in accordance with the ,same
     the threshold price ;                                      procedure.
(b) for the products referred to in Article 1 (c) of Regu­
     lation No 120/67/EEC shall be derived from that
                                                                                        Article 5
     applicable to the basic cereal, having regard in
     particular to the quantity of that cereal necessary^       In an emergency the Commission may take the
     to manufacture the relevant products ;
                                                                measures referred to in the first indent of Article 2 (1 ).
(c) for the products referred to in Article 1 (d) of Regu­      It shall notify its Decision to the Member States and
     lation No 120/67/EEC, with the exception of                shall publish it on the notice boards at its Headquar­
     products falling within subheading Nos 1 1 .08 A I,        ters .
     III, IV and V, heading No 11.09 and subheading
     Nos 17.02 B II, 17.05 B and 23.03 A I of the              The measures shall, by virtue of such a Decision, be
     Common Customs Tariff, shall be derived from              applied to the relevant products from the date speci­
     that applicable to the basic cereals to which they         fied to this end ; this day shall be subsequent to that
     relate by applying the coefficients set out in            of notification .
     Annex II, Table A, to . Regulation (EEC) No
     968/68 (!) and in the Annex to Regulation (EEC)           Such a Decision shall apply for not more than seven
     No 1052/68 (2).                                           days.
3.     Where the situation on the world market or the
                                                                                        Article 6
specific requirements of certain markets so require,
the export levy may be differentiated.
                                                               This Regulation shall enter into force on the third day
4. The export levy to be charged shall be that in              following that of its publication in the Official
force on the day of exportation .                              Journal of the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 19 July 1973.
                                                                            For the Council
                                                                              The President
                                                                            J. KAMPMANN
(») OJ No L 166, 7. 7 . 1968 , p. 2.
(2) OJ No L 179, 25. 7. 1968, p. 8 .