CELEX: 31971R1604
Language: en
Date: 1971-07-26 00:00:00
Title: Regulation (EEC) No 1604/71 of the Commission of 26 July 1971 on detailed rules for the application of an export levy on starches under Article 2 (2) of Regulation No 371/67/EEC

584                                 Official Journal of the European Communities
  27.7.71                             Official Journal of the European Communities                           No L 168 / 11
                             REGULATION (EEC) No 1604/71 OF THE COMMISSION
                                                      of 26 July 1971
                on detailed rules for the application of an export levy on starches in under Article 2 (2)
                                               of Regulation No 371/67/EEC
  THE COMMISSION           OF    THE EUROPEAN       COM­         Whereas in order that the calculation of the export
  MUNITIES ,                                                      levy should be as up to date as possible, it should be
                                                                  based on price factors valid during the week
 Having regard to the Treaty establishing the                    preceding that of fixing; whereas it should be
  European Economic Community ;                                   allowed to remain in force for one week only so that
                                                                 it may be adjusted to any world market price
 Having      regard     to   Council    Regulation     No        fluctuations ;
  120/67/EEC1 of 13 June 1968 on the common
 organisation of the market in cereals, as last amended          Whereas there must be provision for determining the
 by Regulation (EEC) No 1528/712 ;                               date for the application of the rate of the levy and the
                                                                 Member State which is to collect the levy ; whereas,
 Having regard . to Council Regulation No,                        to this end, the rules adopted for other agricultural
 371/67/EEC3 of 25 July 1967 fixing production                   exports should be followed;
 refunds on starches and quellmehl, as last amended
 by Regulation (EEC) No 2273/70,4 and in particular              Whereas the measures provided for in this Regulation
 Article 5 (c) thereof;                                           are in accordance with the Opinion of the
                                                                 Management Committee for Cereals ;
 Whereas Article 2 (2) of Regulation No 371 /67/EEC
 provides that if world market prices for maize or
 commom wheat appreciably and persistently exceed
 6-80 units of account, and export levy may be                   HAS ADOPTED THIS REGULATION :
 introduced so as not to disturb third country
 markets ;
                                                                                        Article 1
 Whereas, if the import levy on the basic product is
more than 0-30 units of account/ 100 kilograirynes               The export levy provided for in Article 2 (2) of
 less than the amount of the production refund and if            Regulation No 371/67/EEC shall be fixed for the
this situation continues for at least a fortnight, the           products referred to in that Article if the world
 conditions required by Article 2 (2) of Regulation              market price for maize or common wheat exceeds
No 371/67/EEC for the introduction of an export­                 6-80 units of account in the conditions listed in the
 levy may be considered as fulfilled;                            following Articles.
Whereas, in order to determine this export levy, if the
abovementioned situation continues ; the method for
                                                                                        Article 2 .
calculating the levy should be laid down ; whereas, to
that end, fixed rates should be adopted on similar
lines to those in force for calculating the import levy          1 . An export levy shall be introduced when it is
and the export refund on products processed from                 found that the import levy on maize or common
cereals and from rice ;                                          wheat    is  at  least  0:50   units   of   account/ 100
                                                                 kilogrammes . less than the amount of the production
                                                                 refund valid in the current month and that the
1 OJ No 117, 19.6.1967, p. 2269/67.                              average of the levies valid in the immediately
2 OJ No L 162, 20.7.1971 , p. 1 .                                following fortnight is at least 0-30 units of
3 OJ No 174, 31.7.1967, p. 40.                                   account/100 kilogrammes less than the average of the
4 OJ No L 246 , 12.11.1970 , p . 1 .                             production refund valid in that fortnight.
 ---pagebreak---                                            Official Journal of the European Communities                                  585
   2. ( a) The export levy shall be equal, per 100                    2. The export levy may be fixed in advance. The
            kilogrammes of basic product, to the                      export levy on the products mentioned in Article 1
            difference between the production refund                  shall be fixed in advance, at the request of the party
            valid on the day on which this export levy is             concerned, when application for a licence is made, in
            fixed and the average of the levies applicable            respect of exports to be effected during the period of
            on the seven days preceding the day it comes              validity of that licence. In that case, the amount of
            into force .                                              the levy fixed in advance shall be that which applies
                                                                      on the day on which application for the export
       (b ) This difference shall then be multiplied for the          lidence is made adjusted, where necessary, for the
            products mentioned in Article 1 by the                    threshold price and the export refund on the basic
            coefficients relating to these products shown             product which will ' be in force in the month of
            in column 4 of the Annex to Regulation                    exportation .
            (EEC) No 1052/68 ,1 as last amended by
            Regulation (EEC) No 1529/71 .2
                                                                      This adjustment shall be made by increasing or
                                                                      reducing the export levy by the difference, per 100
   The export levy shall be altered only if application of            kilogrammes of basic product, between the threshold
   the provisions of paragraph 2 (a) entails an increase              price valid in the month in which application is made
   or    a   reduction     of  more     than   0-08   units  of
                                                                      and that in force in the month of exportation .
   account/ 100 kilogrammes of basic product.
                                                                      These differences shall be adjusted by the coefficient
                              Article 3                               shown in column 4 of the Annex to Regulation
                                                                      (EEC) No 1052/68 for the products in question .
   The export levy shall be fixed by the Commission
   once a week.                                                       The export levy shall not apply to exports covered
                                                                      by licences applied for in the periods when the export
                              Article 4                               levy was not fixed .
   1 . The rate of the export levy shall be that valid -
   on the day on which the customs formalities specified                                      Article 5
,  in the second subparagraph under (b) of Article 8 (2)
   of Regulation (EEC) No 1373/703 are concluded. It                  This Regulation shall enter into force on the third
   shall be collected by the Member State on whose                    day following its publication in the Official Journal
   territory these formalities have been completed .                  of the European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 26 July 1971 .
                                                                                      For the Commission
                                                                                           The President
                                                                                     Franco M. MALFATTI
  1 OJ No L 179, 25.7.1968 , p. 8 .
  2 OJ No L 162, 20.7.1971 , p. 11 .
  3 OJ No L 158 , 20.7.1970, p. 1 .