CELEX: 31971R0165
Language: en
Date: 1971-01-26
Title: Regulation (EEC) No 165/71 of the Council of 26 January 1971 laying down general rules for granting export refunds on fishery products and criteria for fixing the amount of such refunds

Official Journal of the European Communities                                      35
29.1.71                              Official Journal of the European Communities                           No L 23 / 1
                                  REGULATION (EEC) No 165/71 OF THE COUNCIL
                                                   of 26 January 1971
                laying down general rules for granting export refunds on fishery products and criteria
                                         for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        of the Community and prices ruling on exportation
                                                                should be used as a basis in determining Community
Having regard to the Treaty establishing the                    prices ;
European Economic Community;
                                                               Whereas provision must be made for varying the
 Having regard to Council Regulation (EEC) No                   amount of the refund according to the destination of
 2142/701 of 20 October 1970 on the common                      the products, in view of the special conditions which
 organisation of the market in fishery products, and in         apply to imports in certain countries of destination ;
particular Article 21 (3 ) thereof;
                                                               Whereas fish caught by Community producers is of
Having regard to the proposal from the Commission ;             Community origin even if it is landed in ports
                                                                situated outside the customs territory of the
Whereas Article 21 ( 1 ) of Regulation (EEC) No                 Community; whereas, however, to make verification
2142/70 allows an export refund to be fixed, to the             possible, refunds should be granted only in respect of
extent necessary to enable economically important               fish landed in ports situated within the customs
exports of the products listed in Article 1 (2) of that         territory of the Community as defined by Regulation
 Regulation to be effected;                                     (EEC) No 1496/682 ;
Whereas export refunds on products subject to the              Whereas to ensure Community exporters some
 common organisation of the market in fishery                   stability in the amount of the refund and certainty
products must be fixed in accordance with certain               with regard to the list of products eligible for a
criteria which would make it possible to cover the             refund, it should be possible for the list and the
difference between prices for those products within             amounts to remain valid for a relatively long period,
the Community and those ruling in international                 which would be determined in accordance with
trade, while respecting the general aims of the                 normal trade practice;
common organisation ; whereas to this end the supply
situation and prices for those products within the             Whereas to avoid distortions of competition between
Community and prices ruling in international trade              Community traders, the administrative conditions
must be taken into account; whereas provision                   under which they operate must be identical
should be made for the possibility of any coefficients          throughout the Community; whereas there is no
that may be fixed being taken into account when the             justification for granting a refund where the products
amount of the refund on fishery products is being               in question are imported from third countries and
calculated ;                                                    re-exported to third countries ;
Whereas if price trends are to be noted prices must
                                                                HAS ADOPTED THIS REGULATION :
be determined in accordance with general principles ;
whereas to this end prices on third country markets
and in countries of destination, producer prices                                        Article 1
recorded in third countries and free-at-Communi­
ty-frontier prices should be taken into account when           This Regulation lays down general rules for fixing
prices on the world market are being determined;                and granting export refunds on the products listed in
whereas prices ruling on the representative markets             Article 1 (2) of Regulation (EEC) No 2142/70.
1 OJ No L 236, 27.10.1970, p . 5 .                              2 OJ No L 238, 28.9.1968, p. 1 .
 ---pagebreak---   36                                   Official Journal of the European Communities
                            Article 2                                                      Article 5
  The following shall be taken into account when                  The list of products on which an export refund is
  refunds are being fixed :                                       granted and the amount of such refund shall be fixed
                                                                   at least once every three months .
  ( a) the existing situation and the future trend with
        regard to :
        — prices and availabilities of fishery products on                                 Article 6
            the Community market;
        — prices for fishery products on the world
            market;                                               No refund shall be granted on products of
                                                                  Community origin which are landed, direct from the
  ( b ) the aims of the common organisation of the                fishing grounds, in ports situated outside the
        market in fishery products, which are to ensure           customs territory of the Community.
        equilibrium and the natural development of prices
        and trade on this market;
' ( c) the minimum marketing and transport costs from                                      Article 7
        Community markets to ports or other points of
        export in the Community, as well as costs                 1.     The refund shall be paid upon proof:
        incurred in placing the goods on the markets of
        the countries of destination and                          — that the products have been exported from the
                                                                       Community, and
  ( d ) the economic significance of' the proposed ex­
        ports .
                                                                 — that the products are of Community origin.
                            Article 3                            2.      "Where Article 4 applies, the refund shall be paid
                                                                  under the conditions laid down in paragraph 1 of this
                                                                 Article, provided it is proved that the product has
 1 . When prices on the Community market are                      reached the destination for which the refund was
 being determined, account shall be taken of the                  fixed .
 ruling prices which are most favourable from the
 exportation point of view.                                      Exceptions may be made to this rule in accordance
                                                                 with the procedure referred to in paragraph 3 of this
 2 . The following shall be taken into account when              Article, provided conditions are laid down which
 prices on the world market are being determined;                 offer equivalent guarantees.
 ( a) prices ruling on the markets of the main
                                                                 3 . Additional provisions may be adopted in
        importing third countries ;                              accordance with the procedure laid down in Article
 (b) producer prices recorded in the main exporting              29 of Regulation (EEC) No 2142/70.
        third countries ; and
 (c) free-at-Community-frontier prices .
                                                                                           Article 8
                            Article 4
                                                                 This Regulation shall enter into force on the the day
                                                                 following its publication in the Official Journal of
Where the world market situation or the specific                 the European Communities.
 requirements of certain markets make this necessary,
the refund may be varied according to the destination            The system provided for in this Regulation shall
 of the products in question.                                    apply from 1 February 1971 .
                 This Regulation shall be binding in its entirety and . directly applicable in all Member
                 States .
                 Done at Brussels, 26 January 1971 .
                                                                                         For the Council
                                                                                          The President
                                                                                          M. COINTAT