CELEX: 31974R1981
Language: en
Date: 1974-07-25 00:00:00
Title: Regulation (EEC) No 1981/74 of the Commission of 25 July 1974 laying down detailed rules for the application pursuant to Article 7 (2) of Regulation (EEC) No 1132/74 of an export levy on starches

29 . 7. 74                                Official Journal of the European Communities                            No L 207/9
                                 REGULATION (EEC) No 1981/74 OF THE COMMISSION
                                                          of 25 July 1974
               laying down detailed rules for the application pursuant to Article 7 (2) of Regulation
                                         (EEC) No 1132/74 of an export levy on starches
THE COMMISSION OF THE EUROPEAN                                       adopted on similar lines to that in force for calculat­
COMMUNITIES,                                                         ing the import levy and the export refund on
                                                                     products processed from cereals and from rice ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                            Whereas to ensure that the calculation of the export
                                                                     levy is as up to date as possible, it should be based
                                                                     on price factors valid during the week preceding that
Having regard to Council Regulation No 120/67/                       of fixing; whereas it should be allowed to remain in
EEC (*) of 13 June 1967 on the common organization                   force for one week only so that it may be adjusted
of the market in cereals, as last amended by Regu­                   to any world market price fluctuations ;
lation (EEC) No 1125/74 (2);
Having regard to Council Regulation No 359/67/                       Whereas there must be provision for determining the
EEC (3) of 25 July 1967 on the common organization                   date for the application of the rate of the levy and
of the market in rice, as last amended by Regulation                 the Member State which is to collect the levy;
(EEC) No 1129/74 (4);                                                whereas, to this end, the rules adopted for other
                                                                     agricultural exports should be followed;
Having regard to Council Regulation (EEC) No
1132/74 (8) of 29 April 1974 on production refunds                   Whereas under Regulation (EEC) No 1132/74 the
in the cereals and rice sectors, and in particular                   production refund to be taken into consideration in
Article 9 ( a) thereof;                                              the new Member States is the production refund
                                                                     applicable in the Community as originally constituted
                                                                     less the relevant compensatory amount;
Whereas Article 7 (2) of Regulation (EEC) No 1132/
74 provides that if world market prices for maize and
common wheat or for broken rice appreciably and
persistently exceed 8-20 units of account or 10-20                   Whereas use should be made of the possibility of
units of account respectively, an export levy may be                 fixing export levies in advance in the light of market
introduced so as not to disturb third country markets ;              conditions and of the exigencies of international
                                                                     trade, particularly for the purpose of concluding
                                                                     long-term contracts ;
Whereas, if the import levy on the basic product is
more than 0-30 unit of account/100 kilogrammes less
than the amount of the production refund and if this
situation continues for at least a fortnight, the con­               Whereas to facilitate application of this Regulation
ditions required by Article 7 (2) of Regulation (EEC)                use should be made of the provisions of Commission
No 1132/74 for the introduction of an export levy                    Regulation (EEC) No 1279/71 (6) of 17 June 197f
may be considered as fulfilled;                                      on the use of Community transit documents for the
                                                                     purpose of applying certain measures on the expor­
                                                                     tation of certain goods, as last amended by Regu­
Whereas the method of calculating the export levy in                 lation (EEC) No 2766/71 (7);
the situation outlined above must be defined ;
whereas, to that end, a fixed rate system should be
                                                                     Whereas Commission Regulation (EEC ) No 1604/
                                                                     71 (8) of 26 July 1971 on detailed rules for the appli­
(>) OJ No 117, 19 . 6. 1967, p . 2269/67.
(2 ) OINoL 128 , 10. 5 . 1974, p. 12 .
(3) Oj No 174, 31 . 7. 1967, p. 1 .                                  («) OJ No L 133, 19 . 6. 1971 , p. 32.
(4 ) Of No L 128 , 10 . 5 . 1974, p. 20.                             ( 7 ) OJ No L 283 , 24 . 12 . 1971 , p. 33 .
(5) OJ No L 128 , 10 . 5 . 1974, p. 24.                              (8 ) OJ No L 168 , 27. 7. 1971 , p. 11 .
 ---pagebreak---  No L 207/ 10                             Official Journal of the European Communities                             29 . 7. 74
cation of an export levy on starches in under Article                The export levy shall be altered only if application
2 (2) of Regulation No 371/67/EEC, as last amended                    of the provisions of paragraph 2 ( a) entails an
by Regulation (EEC) No 2261/73 (*), has been subject                  increase or a reduction of more than 0-08 unit of
to numerous amendments ; whereas in the interest of                   account per 100 kilogrammes of basic product.
clarity it is preferable to repeal the said Regulation
 and to replace it by this Regulation;                               3 . For the new Member States, the import levy and
                                                                     the production refund referred to in the preceding
Whereas the measures provided for in this Regulation                 paragraphs shall be the levy and the refund on the
are in accordance with the Opinion of the Manage­                    product in question less the relevant accession/com­
ment Committee for Cereals,                                          pensatory amount.
                                                                                               Article 3
HAS ADOPTED THIS REGULATION :                                        The export levy shall be fixed by the Commission
                                                                     once a week.
                            Article 1
                                                                                              Article 4
The export levy provided for in Article 7 (2) of Regu­               1 . The rate of the export levy shall be that valid
lation (EEC) No 1132/74 shall be fixed in respect                    on the day on ^which the customs formalities speci­
of the products specified in that Article as provided                fied in the second subparagraph under (b) of Article
in the Articles below if the world market price                      8 (2) of Regulation (EEC) No 1373 /70 (4), as last
exceeds                                                              amended by Regulation (EEC) No 1796/73 (5), are
                                                                     concluded. It shall be collected by the Member State
— 8-20 units of account per 100 kg of maize or                       on whose territory these formalities have been com­
     common wheat,                                                   pleted.
— 10-20 units of account per 100 kg of broken rice.
                                                                     2. The export levy may be fixed in advance. The
                                                                     export levy on the products referred to in Article 1
                                                                     shall be fixed in advance, at the request of the party
                           Article 2
                                                                     concerned, when application for a licence is made,
                                                                     in respect of exports to be effected during the period
1 . An export levy shall be introduced when it is                    of validity of that licence.
found that the import levy on maize or common
wheat is at least 0-30 unit of account/ 100 kilogram­                In that case, the amount of the levy fixed in advance
mes less than the amount of the production refund                    shall be that which applies on the day on which
valid in the current month and that the average of                   application for the export licence is made.
the levies valid in the immediately following fort­                  In the case of a modification of the amounts specified
night is at least 0-30 unit of account/ 100 kilogram­                in Article 1 the levy fixed in advance is adjusted by
mes less than the average of the production refund                   increasing or reducing the latter by the difference,
valid in that fortnight.                                             per 100 kilogrammes of basic product, between the
                                                                     amount valid in the month in which application is
2. (a) The export levy shall be equal, per 100 kilo­                 made and that in force in the month of exportation.
         grammes of basic product, to the difference                 These differences shall be adjusted by the coefficient
         between the production refund valid on the                  shown in column 4 of the Annex to Regulation
         day on which this export levy is fixed and the              (EEC) No 1052/68 for the products in question.
         average of the levies applicable on the seven
         days preceding the day it comes into force.                 3 . The export levy shall not apply to exports
                                                                     covered by licences applied for in the periods when
     (b) This difference shall then be multiplied for                the export levy was not fixed.
         the products mentioned in Article 1 by the
         coefficients relating to these products shown                                        Article 5
         in column 4 of the Annex to Regulation
         (EEC) No 1052/68 (2), as last amended by
         Regulation (EEC) No 881/73 (3).                             1 . If an export levy is applied, movement within
                                                                     the Community of the products in question shall be
                                                                     subject to the rules set out in Regulation (EEC) No
                                                                     1279/71 .
(*) OJ No L 233 , 21 . 8 . 1973 , p. 15 .
(2) OJ No L 179, 25 . 7. 1968, p. 8 .                                (4 ) OJ No L 158, 20. 7. 1970, p. 1 .
(3 ) OJ No L 86, 31 . 3 . 1973 , p. 30.                              (5) OJ No L 183, 5 . 7. 1973 , p. 1 .
 ---pagebreak--- 29 . 7. 74                         Official Journal of the European Communities                             No L 207/ 11
2. "Where it is apparent from the particulars entered         patch of the products are completed shall be regarded
on the customs document that during transport                 as the day on which the customs formalities referred
between two points situated within the Community              to in Article 4 ( 1 ) of this Regulation are completed.
products will leave Community territory otherwise
than by air, the consignor shall lodge a security equal
to the levy which would be charged if the products                                       Article 6
were exported from the Community.
                                                              Regulation (EEC) No 1604/71 is hereby repealed.
3 . Such security shall be released as and when proof
is furnished that the products have reached their desti­                                 Article 7
nation. The return to the office of departure of one
of the documents specified in Articles 2 and 3 of             This Regulation shall enter into force on :
Regulation (EEC) No 1279/71 or of a national docu­
ment shall constitute such proof.                             — 1 August 1974 for products coming under Regu­
                                                                  lation No 120/67/EEC,
4. If Article 5a of Regulation (EEC) No 1279/71               — 1 September 1974 for products coming under
applies, the day on which the formalities for the dis­            Regulation No 359/67/EEC.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 July 1974.
                                                                                 For the Commission
                                                                                     The President
                                                                            Francois-Xavier ORTOLI