CELEX: 31969R0499
Language: en
Date: 1969-03-17 00:00:00
Title: Regulation (EEC) No 499/69 of the Commission of 17 March 1969 amending Regulation No 1041/67/EEC on detailed rules for the application of export refunds on products subject to a single price system

114                                   Official Journal of the European Communities
20.3.69                                Official Journal of the European Communities                              No L 69/1
                                REGULATION (EEC) No 499/69 OF THE COMMISSION
                                                     of 17 March 1969
               amending Regulation No 1041/67/EEC on detailed rules for the application of export
                                    refunds on products subject to a single price system
 THE   COMMISSION         OF     THE   EUROPEAN      COM­         Having regard to Council Regulation No
 MUNITIES,                                                         139/67/EEC9 of 21 June 1967 laying down general
                                                                  rules for granting export refunds on' cereals and
Having regard to the Treaty establishing the                      criteria for fixing the amount of such refunds, and in
European Economic Community ;                                     particular Article 7 (2), second subparagraph, and
                                                                  Article 7 (3 ) thereof;
Having regard to Council Regulation                     No
136/66/EEC1 of 22 September 1966 on                     the       Having regard to Council Regulation (EEC) No
establishment of a common organisation of               the       968/68 10 of 15 July 1968 on the system to be applied
market in oils and fats, as last amended                 by       to cereal-based compound feeding-stuffs, and in
Regulation (EEC) No 2146/682 ;                                    particular Article 7 (3 ), third subparagraph, and
                                                                  Article 7 (5 ) thereof;
Having      regard     to     Council    Regulation     No
162/66/EEC3 of 27 October 1966 on trade in oils and               Having regard to Council Regulation (EEC) No
fats between the Community and Greece ;                           1052/68 11 of 23 July 1968 on the import and export
                                                                  system for products processed from cereals and from
Having regard to Council Regulation No                            rice   and    in   particular    Article  6  (4),  second
142/67/EEC4 of 21 June 1967 on export refunds on                  subparagraph, and Article 6 (5 ) thereof;
colza, rape and sunflower seeds, as last amended by
Regulation (EEC) No 845/68, and in particular                     Having regard to Council Regulation No
Article 5 (2), second subparagraph, and Article 5 (3 )            121 /67/EEC12 of 13 June 1967 on the common
and Article 6 thereof;                                            organisation of the market in pigmeat, as amended
                                                                  by Regulation (EEC) No 830/68,13 and in particular
Having regard to Council Regulation No                            Article 15 (6) thereof;
171/67/EEC5 of 27 June 1967 on export refunds and
levies on olive oil, as last amended by Regulation                Having      regard     to     Council    Regulation   No
(EEC) No 18/696 and in particular Article 8 (2),                  177/67/EEC14 of 27 June 1967 laying down general
second subparagraph, Article 8 (3 ) and Article 11                rules for granting export refunds on pigmeat and
thereof;                                                          criteria for fixing the amount of such refunds and in
                                                                  particular Article 6 (2), second subparagraph, and
Having regard to Council Regulation No                            Article 6 (3 ) thereof;
120/67/EEC7 of 13 June 1967 on the common
organisation of the market in cereals, as last amended            Having regard to Council Regulation No
by Regulation (EEC) No 289/69,8 and in particular                 122/67/EEC13 of 13 June 1967 on the common
Article 16 (6) thereof;                                           organisation of the market in eggs, as amended by
1 OJ No 172, 30.9.1966, p. 3025/66.
2 OJ No L 314, 31.12.1968, p. 1.                                   9 OJ  No  125, 26.6.1967, p. 2453/67.
3 OJ No 197, 29.10.1966, p. 3393/66.                              10 OJ  No  L 166, 17.7.1968, p. 2.
4 OJ No 125, 26.6.1967, p. 2461/67.                               11 OJ  No  L 179, 25.7.1968, p. 8.
5 OJ  No  130, 28.6.1967, p. 2600/67.                             32 OJ  No  117, 19.6.1967, p. 2283/67.
0 OJ  No L 3, 7.1.1969, p. 1 .                                    13 OJ  No  L 151, 30.6.1968, p. 23.
7 OJ  No  117, 19.6.1967, p.- 2269/67.                            14 OJ  No  130, 28.6.1967, p. 2614/67.
8 OJ  No L 41, 18.2.1969, p. 1 .                                  15 OJ  No  117, 19.6.1967, p. 2293/67.
 ---pagebreak---                                        Official Journal of the European Communities                                     115
  Regulation (EEC) No 830/68, and in particular                    organisation of the market in milk and milk
 Article 9 (3 ) thereof:                                           products, and in particular Article 17 (4) thereof;
 Having regard to Council Regulation No                           Having regard to Council Regulation (EEC) No
 175/67/EEC1 of 27 June 1967 laying down general                  876/6811 of 28 June 1968 laying down general rules
 rules for granting export refunds on eggs and criteria           for granting export refunds on milk and milk
 for fixing the amount of such refunds, and in                    products and criteria for fixing the amount of such
 particular Article 6 (2), second subparagraph, and               refunds, and in particular Article 6 (2), second
 Article 6 (3) thereof;                                           subparagraph, and Article 6 (3) thereof;
 Having regard to Council Regulation No                           Having regard to Council Regulation (EEC) No
 123/67/EEC2 of 13 June 1967 on the common                        805/68 12 on the common organisation of the market
 organisation of the market in poultrymeat, and in                in beef and veal, and in particular Article 18 (6)
 particular Article 9 (3 ) thereof;                               thereof;
 Having regard to Council Regulation No                           Having regard to Council Regulation (EEC) No
 176/67/EEC3 of 27 June 1967 laying down general                  885/68 13 of 28 June 1968 laying down general rules
 rules for granting export refunds on poultrymeat and             for granting export refunds on beef and veal and
 criteria for fixing the amount of such refunds, and in           criteria for fixing the amount of such refunds, and in
 particular Article 6 (2), second subparagraph, and               particular Article 6 (2), second subparagraph, and
 Article 6 (3 ) thereof;                                          Article 6 (3 ) thereof;
 Having regard TO Council Regulation No                           Whereas Article 3 ( 1 ) of Commission Regulation No
 359/67/EEC4 on the common organisation of the                    1041 /67/EEC14 of 21 December 1967 on detailed
 market in rice, as last amended by Regulation (EEC)              rules for the application of export refunds on
 No 1603/68,5 and in particular Article 17 ( 6) thereof;          products subject to a single price system, as amended
                                                                  by Regulation (EEC) No 105 6/68 15 defines
Having       regard     to    Council    Regulation     No        exportation from the Community in terms of leaving
366/67/EEC6 of 25 July 1967 laying down general                   the geographical territory of the Community;
 rules for granting export refunds on rice and criteria           whereas, in view of the special situation of the
for fixing the amount of such refunds, and in                     commune of Livigno in Italy, products dispatched to
particular Article 6 (2), second subparagraph, and                that commune should be regarded as having left the
Article 6 (3 ) thereof:                                           geographical territory of the Community;
                                                                 Whereas Council Regulation (EEC) No 1496/68 16 of
Having      regard      to    Council    Regulation     No       27 September 1968 defined the customs territory of
 1009/67/EEC7 of 18 December 1967 on the common
                                                                 the Community; whereas Article 3 (2) of Regulation
organisation of the market in sugar, as amended by               No 1041 /67/EEC should be amended to take account
Regulation (EEC) No 2100/68 ,8 and in particular                  of this new definition ;
Article 17 (4) thereof ;
                                                                 Whereas it follows from Article 6 of Regulation No
Having regard to Council Regulation (EEC ) No                     1041 /67/EEC that refunds may be granted only for
766/68® of 18 June 1968 laying down general rules                products in free circulation within the Community
for granting export refunds on sugar, and in                      and    whereas    such   a  situation leads   to  certain
particular Article 14 (2), second subparagraph, and              difficulties ; whereas, particularly in the case of
Article 14 (3 } thereof;                                         certain compound products or goods, the refund is
                                                                 fixed on the basis not of the product itself or the
Having regard to Council Regulation (EEC) No                     goods, but on that of the basic products of which
804/68 10    of   27    "une     1968  on   the   common         these are composed; whereas, where the refund is
                                                                 fixed in this way on the basis of one or more com­
                                                                 ponents, the fact that the component or components
  1 OJ No 130, 28.6.1967, p. 2610/67.                            are themselves in free circulation, or are no longer
 1 OJ No 117, 19.6.1967, p. 2301/67.                             in circulation solely as a result of incorporation in
 3  OJ No  130, 28.6.1967, p. 2612/67.
 4  OJ No  174, 31.7.1967, p. 1 .
 5  OJ No  L 253 , 16.10 1968, p. 5 .                            11 OJ No L 155, 3.7.1968, p . 1 .
 6  OJ No  174, 31.7.1967, p. 34.                                12  OJ  No L 148, 28.6.1968, p. 24.
  7 OJ No  308, 18.12.1967, p. 1 .                               13  OJ  No L 156, 4.7.1968, p. 2.
 8  OJ No  L 309, 24.12.1968, p . 4.                             14  OJ  No 314, 23.12.1967, p. 9.
 9  OJ No  L 143, 25.6.1968, p . 6.                              15  OJ  No L 179, 25.7.1968, p. 28 .
10  OJ No  L 148, 28.6.1968, p. 13 .                             16  OJ  No L 238, 28.9.1968, p. 1 .
 ---pagebreak--- 116                                 Official Journal of the European Communities
other products, is sufficient reason for granting the          circumstances      that  rule   should be  made    more
relevant refund or part refund;                                flexible;
Whereas exports of very small quantities of products           Whereas the measures provided for in this Regulation
or goods are of no economic interest and are likely to         are in accordance with the Opinions of the
increase the work of the competent authorities to no           Management Committees for Oils and Fats, for
useful purpose; whereas refunds should not be                  Cereals, for Pigmeat, for Poultrymeat and Eggs, for
granted for such transactions ;                                Sugar, for Milk and Milk Products, and for Beef and
                                                               Veal ;
Whereas the first subparagraph of Article 3 of
Commission Regulation No 284/67/EEC1 of 11 July
1967 on certain detailed rules for the application of          HAS ADOPTED THIS REGULATION :
export refunds on oilseeds, as last amended by
Regulation (EEC) No 266/69,2 and Article 1 of
Commission Regulation (EEC) No 839/683 of 28                                             Article 1
June 1968 on detailed rules for granting export
refunds on sugar, make different provisions from               The following shall be substituted for Article 3 (2) of
those of this Regulation as regards exemption from             Regulation No 1041/67/EEC :
refund; whereas the relevant provisions of this
Regulation may be substituted for those applicable at              'For the purposes of this Regulation :
present in those two sectors ;                                     — products shall be considered to have left the
                                                                        geographical territory of the Community
Whereas, where the rate of refund is varied according                   when they have left for territories which,
to the destination of the exported products, it must                    although forming part of the geographical
be proved that the product has reached the                              territory of a Member State, form part of the
destination for which the refund was fixed ; whereas                    customs territory of a third country ; however,
such a measure can be applied flexibly to exports                       products shall not be considered to have left
eligible for a small refund provided that the                           the geographical territory of the Community
transactions are such as to offer reasonable certainty                  when sent to territories which, although
that the exported goods or products will reach their                    forming part of the geographical territory of a
destination ;                                                           third country, form part of the customs
                                                                        territory of the Community ;
Whereas Article 4 (4) of Council Regulation (EEC)                  — the territory of the commune of Livigno shall
No 204/694 of 28 January 1969 laying down general                       be considered not to form part of the
rules for granting export refunds on certain                            geographical territory of the Community. 1
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,                                          Article 2
provides for the refund being varied according to
destination ; whereas, therefore, Articles 8 and 12a of
Regulation No 1041/67/EEC should be amended;                   The following shall be substituted for Article 6 of
                                                               Regulation No 1041/67/EEC :
Whereas, pending a Community ruling on payment                     ' 1 . A refund shall be granted only on products
of the refund in case of bonding for export, the                   which, disregarding the packaging, are in free
authorisation in Article 11 of Regulation No                       circulation within the Community.
1041/67/EEC should be further extended ;
                                                                   When compound products or goods qualifying
                                                                   for a refund fixed on the basis of one or more of
Whereas Article 10 (2) of Regulation No
1041/67/EEC provides for a time limit for claiming                 their components are exported, that refund shall
payment of the refund, and whereas that provision                  be granted only to the extent that the component
gives rise to difficulties in cases of force majeure,              or components on the basis of which the refund
particularly where the time limit cannot be complied               was applied for are in free circulation within the
with owing to administrative delays for which the                  Community . This provision shall also apply when
party concerned is not responsible ; whereas in such               the component or components on the basis of
                                                                   which the refund is applied for were in free
                                                                   circulation within the Community and are no
                                                                   longer in circulation solely due to their
1 OJ  No  151 , 13.7.1967, p. 6.                                   incorporation in other products.
2 OJ  No L 37, 13.2.1969 , p . 6 .
3 OJ  No L 151 , 30.6.1968, p . 47.                                2 . No refund shall be granted for products or
4 OJ  No L 29, 5.2.1969, p . 1 .                                   goods which are not of sound and fair marketable
 ---pagebreak---                                      Official Journal of the European Communities                                      117
   quality in the form in which they are exported or                Commission which shall without delay inform the
   for products or goods intended for human                         other Member States thereof.'
   consumption, if their characteristics or condition
   exclude or substantially impair their use for that
   purpose.'                                                                              Article S
                                                                The following third paragraph shall be added to
                          Article 3                             Article 8 of Regulation No 1041 /67/EEC :
The following Article 6a shall be added to                          '3 . Where a transaction is the subject of an
Regulation No 1041 /67/EEC :                                        export declaration eligible for a refund not
                                                                    exceeding 200 units of account and offering
   'Article 6a                                                      reasonable certainty that the products in question
                                                                    will reach their destination, Member States may
                                                                    exempt the party concerned from submitting the
   No refund shall be granted unless the amount                     proofs required by paragraph 1 other than the
   applicable to a transaction which has been the                   transport document.'
   subject of an export declaration is greater than 10
   units of account
                                                                                          Article 6
   This provision shall not apply to the transactions
   listed in Article 2 .'
                                                                The following shall be substituted for the third
                                                                indent of Article 9 ( 1 ) of Regulation No
                                                                1041 /67/EEC :
                          Article 4
                                                                    '— repayment of that advance plus 15% in cases
The following shall be substituted for Article 8 ( 1 ) of                where, six months after the day on which the
Regulation No 1041 /67/EEC :                                             customs export formalities were completed,
                                                                         the proof referred to in Article 3 has been
   'For the application of the first subparagraph of                     furnished, but where the proof referred to in
   Article 7 ( 2) of Regulation No 139/67/EEC, the                       Article 8 ( 1 ), if that Article is applicable to
   first subparagraph of Article 5 (2) of Regulation                     the transaction in question, has not been
   No 142/67.- EEC, the first subparagraph of Article                    furnished .'
   8 (2) of Regulation No 171/67/EEC, the first
   subparagraph of Article 6 (2) of Regulations No
   175/67/EEC,        No       176/67/EEC      and    No                                  Article 7
   177/67/EEC, the second subparagraph of Article
   8 (3 ) of Regulation No 194/67/EEC, the first                The following shall be substituted for Article 10 (2)
   subparagraph oi Article 6 (2) of Regulation No               of Regulation No 1041 /67/EEC :
   366/67/EEC, the first subparagraph of Article 14
   (2) of Regulation (EEC) No 766/68, the first                     'The time limit for claiming payment of the
   subparagraph cf Article 6 (2) of Regulations                     refund shall be 6 months following the day on
   ( EEC) No 876 /68 and ( EEC ) No 886/68 , the first              which    the   customs     export    formalities were
   subparagraph of Article 6 (4) of Regulation ( EEC)               completed except in cases of force majeure.'
   No 1052/68 and Article 4 (4) of Regulation (EEC)
   No 204/69 , the party concerned must submit one
   copy of the transport document and, at the                                             Article 8
   discretion of ths competent national authorities,
   one or more of the following documents
   certifying arrival in the country of destination or          In the first subparagraph of Article 11 of Regulation
   for the use in question :                                    No 1041 /67/EEC, '30 September 1969' shall be
                                                                substituted for '31 December 1968 '.
   a copy of the customs or port document made
   out in the country of destination, a certificate
   issued by the official services of one of the                                          Article 9
   Member States established in that country, a
   certificate by an international control and                  In Article 12a of Regulation No 1041 /67/EEC 'The
   surveillance company. The competent national                 provisions of Articles 1 to 6a and 8 to 12 of this
   authorities may recognise other documents as                 Regulation . . .' shall be substituted for 'The
   equivalent and may require additional forms of               provisions of Articles 1 to 6 and 9 to 12 of this
   proof. They shall forthwith so inform the                    Regulation . .
 ---pagebreak--- 118                               Official Journal of the European Communities
                      Article 10                                                  Article 11
The first subparagraph of Article 3 of Regulation No         This Regulation shall enter into force on the third
284/67/EEC and Article 1 of Regulation (EEC) No              day following its publication in the Official Journal
839/68 are hereby repealed.                                  of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 17 March 1969.
                                                                               For the Commission
                                                                                  The President
                                                                                     Jean REY