CELEX: 31970R0489
Language: en
Date: 1970-03-17 00:00:00
Title: Regulation (EEC) No 489/70 of the Council of 17 March 1970 amending Regulation (EEC) No 204/69 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

148                                   Official Journal of the European Communities
18.3.70                                Official Journal of the European Communities                             No L 62/ 1
                                   REGULATION (EEC) No 489/70 OF THE COUNCIL
                                                     of 17 March 1970
               amending Regulation (EEC) No 204/69 laying down general rules for granting export
               refunds on certain agricultural products exported in the form of goods not covered by
                      Annex II to the Treaty, and the criteria for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Having regard to the proposal from the Commission;
Having regard to the Treaty establishing the                       Whereas the regulations on the common organisation
European Economic Community;                                       of the markets referred to above provide that, where
                                                                   it is necessary to allow the agricultural products in
Having regard to Council Regulation No                             question to be exported in the form of certain
120/67/EEC1 of 13 June 1967 on the common                         processed goods not listed in Annex II to the Treaty,
organisation of the market in cereals, as last amended             on the basis of the world market quotations or prices
by Regulation (EEC) No 2463/69,2 and in particular                 for those products, the difference between such
Article 16 (5) thereof;                                            quotations or prices and the prices within the
                                                                   Community may be covered by an export refund ;
Having      regard     to      Council   Regulation     No
122/67/EEC3 of 13 June 1967 on the common                         Whereas Article 4 ( 4) of Council Regulation (EEC)
organisation of the market in eggs, as last amended                No 204/6910 of 28 January 1969 laying down general
by Regulation (EEC) No 436/70,4 arid in particular                 rules for granting export refunds on certain
the fourth subparagraph of Article 9 (2) thereof; .                agricultural products exported in the form of goods
                                                                   not covered by Annex II to the Treaty, and the
Having regard to Council Regulation No 359/675 of                  criteria for fixing the amount of such refunds, as last
25 July 1967 on the common organisation of the                     amended by Regulation (EEC) No 2463/69, provides
market in rice, as last amended by Regulation (EEC)                for the possibility of varying such refunds according
No 2463/69, and in particular Article 17 (5 ) thereof;             to destination only in respect of exports of caseins
                                                                   and caseinates ; whereas, account being taken of the
Having regard to Council Regulation No 1009/67® of                 specific requirements of certain markets ' for
18 December 1967 on the common organisation of the                 ovalbumin, such possibility should be extended to
market in sugar, as last amended by Regulation                   , this commodity ;
(EEC) No 2485/69,7 and in particular the fifth
subparagraph of Article 17 (2) thereof;
                                                                   Whereas, under Article 5 (2) of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                       204/69, eggs and egg products falling within
804/688 of 27 June 1968 on the common organisation                 sub-headings Nos 04.05 A I (b) and ex 04.05 B I of
of the market in milk products, as last amended by                 the Common Customs Tariff respectively are
Regulation (EEC) No 2622/69,9 and in particular                    excluded from the system for fixing the rate of the
Article 17 (3 ) thereof;                                           refund in advance; whereas the reason for this
                                                                   provision was the fact that Regulation No
                                                                   122/67/EEC has not, until now, provided for the
1 OJ No L 117, 19.6.1967, p. 2269/67.                              possibility of fixing the rate of the refund in advance
2 OJ No L 312, 12.12.1969, p. 3 .                                  for exports of these basic products; whereas that
3 OJ No 117, 19.6.1967, p. 2293/67.                                possibility was provided for by Council Regulation
4 OT No L 55, 10.3.1970, p. 1 .                                     (EEC) No 436/70 of 6 March 1970 supplementing
5 OJ No 174, 31.7.1967, p . 1 .                                    Regulation No 122/67/EEC with regard to the
6 . OJ No 308, 18.12.1967, p . 1 .                                 advance fixing of export refunds on eggs ;
7 OJ No L 314, 15.12.1969, p. 6.
8 OJ No L 148, 28.6.1968, p. 13 .
9 OJ No L 328, 30.12.1969, p. 8.                                      OJ No L 29, 5.2.1969, p. 1 .
 ---pagebreak---                                     Official Journal of the European Communities                                      149
Whereas, in order to provide Community exporters                       Regulation No 122/67/EEC, in respect of
with a certain safeguard as regards the stability of the               basic products listed in Annex A falling within
refunds required for exports of products falling                       sub-heading No 04.05 A I (b) which are
within sub-heading No 04.05 A I (b) of the Common                      exported in the form of ovalbumin falling
Customs Tariff in the form of ovalbumin, provision                     within sub-heading No ex 35.02 A II (a) of the
should be made for the system for fixing the rate of                   Common Customs Tariff.
the refund in advance, laid down in Regulation
(EEC) No 204/69, to be applied henceforth to the                   Where the rate of the refund is fixed in advance
exports in question, in accordance with the procedure              in a case where the refund is granted only on the
laid down in Article 17 of Regulation No                           application of the party concerned, the rate
122/67/EEC.                                                        applicable on the day on which application was
                                                                   made for the certificate referred to' in Article 6
Whereas an error has occurred in the German and                    shall be applied to an export to be effected during
Dutch texts of Article 9 of Regulation (EEC) No                    the period of validity of that certificate.'
204/69 and this error should be corrected :
                                                                                       Article 3
HAS ADOPTED THIS REGULATION :
                         Article 1                             1 . With effect from 1 April 1969, the German text
                                                               of Article 9 of Regulation (EEC) No 204/69 shall be
                                                               amended to the following:
The following shall be substituted for Article 4 (4) of
Regulation (EEC) No 204/69 :                                       'Die Erstattung nach Artikel 1 Absatz 1 für die
    'Where world trade in casein falling within                    dort gefaßten Erzeugnisse wird nicht gewahrt bei
    sub-heading No 35.01 A, in caseinates falling                  Waren, die gemäß Artikel 10 Absatz 1 des
    within sub-heading No 35.01 C, or in ovalbumin                 Vertrages in den freien Verkehr gebracht worden
    falling within sub-heading No 35.02 A II (a) of                sind und unverarbeitet oder nach Verarbeitung
    the Common Customs Tariff or the specific                      ausgeführt werden.'
    requirements of certain markets so require, the
    refund on such goods may be varied according to            2. With effect from 1 April 1969, the Dutch text of .
    destination .'
                                                               Article 9 of Regulation (EEC) No 204/69 shall be
                                                               amended to the following:
                         Article 2
                                                                   'De restitutie, bedoeld in artikel 1 , lid 1 , voor de
                                                                   aldaar genoemde produkten, wordt niet verleend
The following shall be substituted for the first                   voor goederen die overeenkomstig artikel 10, lid
subparagraph of Article 5 (2) of Regulation (EEC)                  1 , van het Verdrag in het vrije verkeer zijn
No 204/69 :
                                                                   gebracht en die, hetzij in onverwerkte toestand,
    'However, the rate of the refund :                             hetzij na verwerking worden uitgevoerd.'
    — shall be fixed in advance in respect of the
         basic products listed in Annex A not falling                                  Article 4
         within sub-headings No 04.05 A I (b) or ex
         04.05 B I of the Common Customs Tariff;
                                                               This Regulation shall enter into force on the third
    — may be fixed in advance, in accordance with              day following its publication in the Official Journal
         the procedure laid down in Article 17 of              of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 17 March 1970.
                                                                                     For the Council
                                                                                      The President
                                                                                       Ch. HÉGER