CELEX: 31970R0437
Language: en
Date: 1970-03-06 00:00:00
Title: Regulation (EEC) No 437/70 of the Council of 6 March 1970 supplementing Regulation No 175/67/EEC as regards general rules for the advance fixing of export refunds on eggs

138                                Official Journal of the European Communities
 No L 55/2                           Official Journal of the European Communities                                   10.3.70
                                REGULATION (EEC) No 437/70 OF THE COUNCIL
                                                     of 6 March 1970
                  supplementing Regulation No 175/67/EEC as regards general rules for the advance
                                             fixing of export refunds on eggs
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        deposit which would be forfeited if the goods are not
                                                                  exported within the period of validity of the
 Having regard to the Treaty establishing the                     certificate;
 European Economic Community;
Having regard to Council Regulation No                           HAS ADOPTED THIS REGULATION:
 122/67/EEC1 - of 13 June 1967 on the common
 organisation of the market in eggs, as last amended                                       Article 1
 by Regulation (EEC) No 436/70,2 and in particular
 the fourth subparagraph of Article 9 (2) thereof;               The following shall be substituted for Article 5 of
                                                                  Regulation No 175 /67/EEC :
Having regard to the proposal from the Commission ;
                                                                      'Article 5
Whereas Council Regulation (EEC) No 436/70 of 6.
March 1970 made it possible to fix export refunds in                  1.     The list of products on which an export
advance;                                                              refund is granted and the amount of such refund
                                                                      shall be fixed at least once every three months.
Whereas it is therefore necessary to supplement
Council Regulation No 175/67/EEC3 of 27 June 1967.                    2. The refund shall be that applicable on the
laying down general rules for granting export refunds                 day of exportation.
and criteria for fixing the amount of such refunds by
general rules for the advance fixing of export                        3 . However, for the products listed in Article
refunds ;                                                             1 ( 1 ) (b) of Regulation No 122/67/EEC, as
                                                                      amended in that respect by Regulation (EEC) No
Whereas it is only necessary to fix refunds in advance                803 /68 ,4 it may be decided that the refund can be
in certain cases ; whereas any decision to do so should               fixed in advance on request. In that case, the
be taken in accordance with Article 17 of Regulation                  refund applicable on the day on which an
No 122/67/EEC;                                                        application for the certificate referred to in Article
                                                                      5a is lodged shall be applied to exports effected
                                                                      during the period of validity of that certificate.'
Whereas the possibility of fixing refunds in advance
makes it necessary to take steps in each case which
will ensure that exports correspond to the application                                    Article 2
lodged; whereas, to that end, each applicant should
receive a certificate requiring the goods in question to         The following Article 5 a shall be inserted in
be exported within a given period;                               Regulation No 175/67 EEC :
Whereas, in order to avoid abuses, the issue of such                 'Article 5a
certificates should be conditional on the lodging of a
                                                                      1.     The grant of the refund under the conditions
                                                                     provided for in Article 5 (3) shall be subject to
1 OJ No 117, 19.6.1967, p. 2293/67.
2 OJ No L 55, 10.3.1970, p. 1 .
3 OJ No 130, 28.6.1967, p. 2610/67.                              4 OJ No L 151, 30.6.1968, p. 23.
 ---pagebreak---                                 Official Journal of the European Communities                                 139
submission of an advance fixing certificate issued             2. The issue of the advance fixing certificate
by Member States to any applicant irrespective of              shall be conditional on the lodging of a deposit
the place of his establishment in the Community.               guaranteeing that exportation is effected during
                                                               the period of validity of the certificate; the
                                                               deposit shall be forfeited in whole or in part if
From a date to be fixed by the Council, acting on              exportation is not effected, or is only partially
a proposal from the Commission in accordance                   effected, within that period.'
with the voting procedure laid down in Article
43 (2) of the Treaty, and from 1 July 1970 at the
latest, the advance fixing certificate shall be valid                              Article 3
in respect of exports from the Community. Until
that date, such certificates shall be valid only in        This Regulation shall enter into force on the third
respect of exports from the Member State which             day following its publication in the Official Journal
issued them.                                               of the European Communities.
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 6 March 1970.
                                                                                 For the Council
                                                                                  The President
                                                                                   P. HARMEL