CELEX: 31971R1426
Language: en
Date: 1971-07-02 00:00:00
Title: Regulation (EEC) No 1426/71 of the Council of 2 July 1971 laying down general rules for granting export refunds on products processed from fruit and vegetables and criteria for fixing the amount of such refunds

466                                  Official Journal of the European Communities
 7.7.71                               Official Journal of the European Communities                            No L 151 /3
                                   REGULATION (EEC) No 1426/71 OF THE COUNCIL
                                                       of 2 July 1971
                laying down general rules for granting export refunds on products processed from fruit
                            and vegetables and criteria for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         exportation should be used as a basis for determining
                                                                  prices within the Community ;
Having regard to the Treaty establishing the                      Whereas provision should be made for the possibility
European Economic Community;                                      of varying the amount of the refunds according to the
                                                                  destination of the products, since special conditions
 Having regard to Council Regulation (EEC) No                     apply to imports in certain countries of destination ;
 865 /68 1 of 28 June 1968 on the common organisation
 of the market in products processed from fruit and               Whereas, to avoid .distortions of competition, the
vegetables, as last amended by Regulation (EEC) No                administrative conditions to which transactions are
 1425 /71 ,2 and in particular Article 3 ( a) thereof;            subject    must     be   indentical    throughout   the
                                                                  Community ;
Having regard to the proposal from the Commission;
Whereas the export refunds provided for in Article 3              HAS ADOPTED THIS REGULATION :
(a) ,of Regulation (EEC) No 865/68 must be fixed in
accordance with certain criteria which would make it
                                                                                          Article 1
possible to cover the difference between prices within
the Community for products processed from fruit
and vegetables and prices ruling in international                 This Regulation lays down general rules for fixing
trade ; whereas to this end the supply situation and              and granting export refunds on the products listed in
prices for products processed from fruit and                      Article 1 of Regulation (EEC) No 865/68 .
vegetables within the Community and, also, the price
situation in international trade must be taken into                                       Article 2
account ;
                                                                  The following shall be taken into account when
Whereas, given the disparity between the prices at                refunds are being fixed :
which products processed from fruit and vegetables
are offered, costs incurred in placing those products
on the market must be taken into account if the                   ( a) the existing situation and future trends with
difference between the prices in international trade                   regard to :
and those ruling in the Community is to be covered;                    — prices and availabilities on the Community
                                                                           market of products processed from fruit and
Whereas, if price trends are to be noted, prices must                      vegetables ;
be determined in accordance with general principles ;
whereas, to that end, prices on third country markets                  — prices ruling in international trade;
and offer prices at the Community frontier should be
taken into account when prices in international trade             (b) minimum marketing and transport costs from the
are being determined ; whereas the ruling prices which                 Community markets to ports or other points of
appear most favourable from the point of view of                       export in the Community, as well as costs
                                                                       incurred in placing the products on the markets
                                                                       of the countries of destination ;
1 OJ No L 153 , 1.7.1968 , p . 8 .
2 OJ No L 151 , 7.7.1971 , p. 1 .                                 (c) the economic aspect of the proposed exports.
 ---pagebreak---                                     Official Journal of the European Communities                                 467
                         Article 3                                                    Article 5
1 . When prices on the Community market are                    1.    The refund shall be paid upon proof:
being determined, account shall be taken of the
ruling prices which are most favourable from the               — that the products have been exported from the
point of view of exportation.                                       Community, and
                                                               — that the products are of Community origin.
2. The following shall be taken into account
when prices in international trade are being                   2. Where Article 4 applies, the refund shall be paid
determined :                                                   under the conditions laid down in paragraph 1
                                                               provided it is proved that the product has reached the
                                                               destination for which the refund was fixed.
( a) prices ruling on third country markets ;
                                                               Exceptions may be made to this rule in accordance
( b ) the most favourable prices in third countries of         with the procedure referred to in paragraph 3 ,
      destination for third country imports ;
                                                               provided conditions are laid down which offer
                                                               equivalent guarantees.
 (c) producer prices recorded in exporting third
      countries ;
                                                               3 . Additional provisions may be adopted in
                                                               accordance with the procedure laid down in Article
( d) offer prices at the Community frontier.                   15 of Regulation (EEC) No 865/68.
                                                                                      Article 6
                         Article 4
                                                               This Regulation shall enter into force on the third
Where the situation in international trade or the              day following its publication in the Official Journal
specific requirements of certain markets make this             of the European Communities.
necessary, the refund for the Community on a given
product may be varied according to destination.                It shall apply from 15 July 1971 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 2 July 1971 .
                                                                                    For the Council
                                                                                     The President
                                                                                 M. FERRARI-AGGRADI