CELEX: 31969R1838
Language: en
Date: 1969-09-16 00:00:00
Title: Regulation (EEC) No 1838/69 of the Council of 16 September 1969 laying down general rules for granting export refunds on the various added sugars in products processed from fruit and vegetables

Official Journal of the European Communities                                 395
 No L 236/2                         Official Journal of the European Communities                              19.9.69
                                REGULATION (EEC) No 1838/69 OF THE COUNCIL
                                                  of 16 September 1969
              Laying down general rules for granting export refunds on the various added sugars in
                                     products processed from fruit and vegetables
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the                                          Article 1
 European Economic Community;
                                                               This Regulation lays down general rules for granting
                                                               the export refunds referred to in Article 3 (3 ) of
Having regard to Council Regulation (EEC) No                   Regulation (EEC) No 865 /68 .
 865/681 of 28 June 1968 on the common organisation
of the market in products processed from fruit and
vegetables, as last amended by Regulation (EEC) No
 1837/69,2 and in particular Article 3 (3 ) thereof;                                  Article 2
                                                               1 . The refund shall be granted on exports of
Having regard to the proposal from the Commission;             products listed in Annex II to Regulation (EEC) No
                                                               865/68 :
Whereas Article 3 (3 ) of Regulation (EEC) No 865/68
provides that the Council shall adopt general rules            (a) which are of Community origin,
for granting export refunds on the products listed in
Annex II to that Regulation;
                                                               (b) which have been imported from third countries
                                                                    and on which the import levy referred to in
                                                                    Article 2 (1) of that Regulation has been paid,
Whereas provision should be made for the refund to                  provided the exporter proves :
be granted not only on products of Community
origin but also on products imported from and
                                                                   — that the product to be exported and the
re-exported to third countries; whereas, however, to
prevent speculation the grant of a refund in such                       product previously imported are one and the
                                                                        same, and
cases should be subject to certain conditions;
                                                                   — that the levy was collected on importation.
Whereas to avoid distortions of competition between
Community traders, the administrative conditions
under which they operate must be identical                    2. In the cases covered by paragraph 1 (b), the
                                                               refund on each product shall be equal to the levy
throughout the Community;
                                                               collected on importation where this levy is lower
                                                               than the refund applicable on the day of exportation ;
                                                               the refund shall be equal to the refund applicable on
1 OJ No L 153, 1.7.1968, p. 8:                                 the day of exportation where the levy collected on
2 OJ No L 236, 19.9.1969, p. 1.                                importation is higher than this refund.
 ---pagebreak--- 396                                Official Journal of the European Communities
                        Article 3                                                    Article 4
The refund shall be paid upon proof:                          This Regulation shall enter into force on the third
— that the products fulfil one or other of the two            day following its publication in the Official Journal
    conditions set out in Article 2 ( 1 ), and                of the European Communities.
— that the products have been exported from the
   Community.                                                 It shall apply from 1 October 1969.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 September 1969.
                                                                                   For the Council
                                                                                    The President
                                                                                    P. LARDINOIS