CELEX: 31967R0144
Language: en
Date: 1967-06-21 00:00:00
Title: Regulation No 144/67/EEC of the Council of 21 June 1967 on general rules for granting refunds on exports of sugar to third countries

Official Journal of the European Communities                                       99
  2464/67                    OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                           26.6.67
                              REGULATION (EEC) No 144/67 OF THE COUNCIL
                                                     of 21 June 1967
                      on general rules for granting refunds on exports of sugar to third countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas the maximum amounts of the refund should
                                                                 be determined on the basis of the difference existing
                                                                 for white sugar and raw sugar respectively between
 Having regard to the Treaty establishing the                    prices on the domestic market and prices on the
 European Economic Community ;                                   world market; whereas, in the case of the products
                                                                 referred to in Article 1 (2) ( c) of Regulation No
                                                                 44/ 67/EEC for which corresponding prices are not
 Having regard to Council Regulation (EEC) No                    available, maximum amounts of the refund should be
 44/67/EEC 1 of 21 February 1967 on certain measures             determined on the basis of the maximum amount
 of common organisation of the market in sugar for               calculated for white sugar ;
 the 1967/68 marketing year, and in particular Article
 5 (2) thereof;                                                 Whereas the period of validity of the maximum
                                                                amount of the refund must be limited on account of
 Having regard to the proposal from the Commission ;            the fluctuation of prices on the sugar market;
                                                                whereas, therefore, provision should be made for
 Whereas, in pursuance of Article 5 (2) of Regulation           periodic fixing of the maximum amount, allowing for
 No 44/67/EEC, the Council must adopt general rules             the possibility of alterations in the intervening time;
 for granting refunds when products referred to in
 Article 1 (2) ( a ) and (c) of that Regulation are
 exported unaltered to third countries, and the criteria        HAS ADOPTED THIS REGULATION :
 for fixing the maximum amount thereof;
                                                                                        Article 1
Whereas, in respect of the fixing by Member States of
the amount of the refund for a specific exportation,
 provision should be made for different methods of              Member States may only grant a refund in respect of
procedure to take account of trade requirements ;              products referred to in Article 1 (2) ( a) and (c) of
whereas, to this end, there should be laid down a               Regulation    No    44/67/EEC     which    are  exported
procedure whereby the refund is established for the            unaltered to third countries, without prejudice to the
date of exportation, an advance fixing procedure                detailed rules of application provided for in Article
under which the refund remains valid for a certain              5 (3 ) of that Regulation, in accordance with the
length of time, and a procedure for invitations to             following provisions.
tender ;
                                                                                        Article 2
Whereas, in order to obtain the lowest refund for
exports of the products falling within heading No              If Member States grant a refund for a specific
17.01 under the last procedure, which is similar to            exportation they shall fix its amount :
the advance fixing procedure in that the day of
exportation is not known, only tenders which                   (a) after the exportation has been effected; or
correspond to the best opportunities for the sale of            ( b) before the exportation is effected :
beet and cane sugar on the world market should be
taken into account;                                                  — according to the advance fixing procedure, or
                                                                     — for the products referred to in Article
                                                                         1 (2) (a) and (c) of Regulation No
                                                                         44/67/EEC, by an invitation to tender for
1 OJ No 40, 3.3.1967, p. 597/67.                                         export.
 ---pagebreak--- 100                               Official Journal of the European Communities
                       Article 3                             4. The provisions of Article 4 concerning the
                                                             period of validity of the refund certificate and the
Where Member States fix the refund after the                 deposit shall be applied.
exportation has been effected, the amount of the
refund may not exceed the maximum amount ruling
                                                                                    Article 6
on the day of exportation for the product in
question .
                                                             1.    The maximum amount of the refund for the
                                                             products referred to in Article 1 (2) ( a) of
                                                             Regulation No 44/67/EEC shall be established on the
                        Article 4                            basis of the difference between the threshold price
                                                             valid in the Member State in question for the 1967/68
                                                             sugar marketing year, and
1 . Where Member States fix the refund by the
advance fixing procedure, the amount of the refund           — for white sugar : the spot price quoted on the
                                                                 Paris Bourse
may not exceed the maximum amount ruling on the
day the application was submitted.                           — for raw sugar : the spot price quoted on the
                                                                 London Stock Exchange.
2. Member States shall issue, on application,
refund certificates showing the amount of the refund         In addition, other factors concerning the state of the
fixed in advance. Issue of the refund certificates shall     world market may be taken into account when the
be subject to the lodging of a deposit to guarantee          maximum amount of the refund is being established.
the obligation to export within the period of validity
of the certificate and the deposit shall be forfeit, in      2.    The maximum amount of the refund may vary
whole or in part, if the exportation is not effected         according to destination if the state of the market in
within this period.                                          the third countries justifies the variation.
                                                             3.    However, the maximum amount of the refund
3.    The certificate shall be valid from its date of        for raw sugar may not exceed the maximum amount
issue until the end of the third month following its         of the refund for white sugar valid for the destination
month of issue, but its validity shall not extend            in question and adjusted by the yield coefficient.
beyond 30 June 1968 .
                                                             The yield coefficient shall be equal to one hundredth
                                                             of the percentage calculated in accordance with the
                       Article 5                             provisions of Article 6 (2) of Commission Regulation
                                                             No 97/67/EEC of 18 May 1967.
1 . Where Member States fix the refund by an
                                                                                     Article 7
invitation to tender for export, the amount of the
refund may not exceed the maximum amount in
force on the date of publication of the invitation to        The maximum amount of the refund for the products
tender for export.                                           referred to in Article 1 (2) (c) of Regulation No
                                                             44/67/EEC shall be derived from the maximum
                                                             amount of the refund for white sugar on the basis of
2. The rules of the invitation to tender for export          their sugar content (including the invert sugar
must ensure equal access and treatment for all               calculated in sucrose by applying a coefficient of
persons concerned. The successful tenderer shall be          0-95 ).
the person who submits the tender or tenders
requiring the lowest refunds for exporting the
quantities which are the subject of the invitation to                                Article 8
tender. However, Member States shall disregard any
tender which does not correspond to the most                 The maximum amount shall be valid for two-week
favourable opportunity for disposal on the world             periods, following consecutively without interruption.
market .                                                     It may be altered in the intervening time if the state
                                                             of the market so requires .
3.    In respect of each tender for which a refund is
awarded, Member States shall, after a deposit has
been lodged, issue a refund certificate indicating the
 amount of the refund.                                       1 OJ No 94, 19.5.1967, p. 1825/67.
 ---pagebreak---                                   Official Journal of the European Communities                                 101
                      Article 9                              This Regulation shall enter into force on the third
                                                             day following its publication in the Official Journal
The system provided for in this Regulation shall be          of the European Communities.
applicable from 1 July 1967.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 21 June 1967.
                                                                                 For the Council
                                                                                  The President
                                                                               R. VAN ELSLANDE