CELEX: 31973R1035
Language: en
Date: 1973-04-19 00:00:00
Title: Regulation (EEC) No 1035/73 of the Commission of 18 April 1973 fixing the corrective amount applicable to the refund on cereals

19. 4. 73                             Official Journal of the European Communities                          No L 104/5
                              REGULATION (EEC) No 1035/73 OF THE COMMISSION
                                                       of 18 April 1973
                               fixing the corrective amount applicable to the refund on cereals
THE COMMISSION OF THE EUROPEAN                                     Whereas the cif price is that determined in ac­
COMMUNITIES,                                                       cordance with Article 13 of Regulation No
                                                                   120/67/EEC ; whereas the cif forward delivery
Having regard to the Treaty establishing the Euro­                price is that determined in accordance with Article
pean Economic Comunity ;                                           3 O) of Regulation No 140/67/EEC (6), as amended
                                                                   by Regulation (EEC) No 2435/70 (7), based, in res­
Having regard to Council Regulation No                             pect of each month for which the export licence is
120/67/EEC (x ) of 13 June 1967 on the common                      valid, on the cif price calculated on the basis of
organization of the market in cereals, as last amen­               offers for shipment during the month of export­
ded by the Act (2) annexed to the Treaty (3) on the                ation ;
Accession of new Member States to the European
Economic Community and the European Atomic                         Whereas the corrective amount so fixed will be al­
Energy Community, signed at Brussels on 22 January
1972, and in particular the third sentence of the first            tered if application of the calculation procedure
subparagraph of Article 16 (4) thereof ;                           described above entails a change in that amount of
                                                                  more than 0.125 unit of account ;
Having regard to the Opinion of the Monetary
Committee ;                                                        Whereas however Article 2 of Regulation No
                                                                   633/67/EEC provides that the corrective amount
Whereas Article 16 (4) of Regulation No 120/67/                    applicable to the amount of the refund fixed in
EEC provides that the export refund appli­                         advance on exports to be effected after the third
cable to cereals on the day on which application                   month following that during which the licence was
for an export licence is made, adjusted for the                    issued should be fixed on the basis of foreseable
threshold price in force during the month of ex­                   market trends ; whereas to this end account should
portation must be applied on request to exports to                 be taken of availabilities and foreseeable trends on
be effected during the period of validity of the ex­               the Community market and of forward trends on
port licence ; whereas, in this case, a corrective                 the world market, in particular on those markets
amount must be applied to the refund ;                             whose specific requirements have made it necessary
                                                                   to vary the refund ;
Whereas Regulation No 633/67/EEC (4), as last
amended by Regulation (EEC) No 1461 /72 (5), lays
down detailed rules for the advance fixing of the                  Whereas, if the refund system is to operate normally,
                                                                   refunds should be calculated on the basis of an
export refund on cereals ;
                                                                  exchange rate which is based, in the case of currencies
Whereas that Regulation provides that the refund                  which are floating or whose central rate differs from
applicable on the day on which application for a                   the official parity, on the effective rate or the
export licence is made must when the refund is                     central rate of these currencies and, in the case of
fixed in advance, be reduced by not more that the                  the US dollar, on the change in parity announced
difference between the cif forward delivery price                  on 13 February 1973 ;
and the cif price where the former exceeds the
latter by more than one unit of account per metric                 Whereas it follows from applying all these pro­
ton ; whereas, on the other hand, the refund must                  visions that the corrective amount must be fixed as
be increased by not more than the difference be­                   shown in the Table annexed to this Regulation ;
tween the cif price and the cif forward delivery
price where the former exceeds the latter by more
than one unit of account per metric ton ;                         Whereas the measures provided for in this Regula­
                                                                   tion are in accordance with the Opinion of the
                                                                   Management Committee for Cereals ;
(*) OJ  No 117, 19. 6. 1967, p. 2269/67.
(2) OJ  No L 73, 27. 3 . 1972, p. 14.
(s) OJ  No L 73 , 27. 3 . 1972, p. 5 .
(<) OJ  No 233 , 28 . 9 . 1967, p. 9.                              ( 6) OJ No 125 , 26. 6. 1967, p. 2456/67.
(8) OJ  No L 155, 11 . 7. 1972, p. 35 .                            (7) O) No L 262, 3 . 12. 1970, p. 3 .
 ---pagebreak---   No L 104/6                           Official Journal of the European Communities                                19 . 4. 73
 HAS ADOPTED THIS REGULATION :                                        cereals is hereby fixed as shown in the Table an­
                                                                      nexed to this Regulation .
                         Article 1
                                                                                                  Article 2
 The corrective amount referred to in Article 16 (4)
 of Regulation No 120/67/EEC which is applicable                      This Regulation shall enter into force on 19 April
 to export refunds fixed in advance in respect of                     1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 18 April 1973 .
                                                                                  For the Commission
                                                                                    P. J. LARDINOIS
                                                                           Member of the Commission
                                                            ANNEX
                 to the Commission Regulation of 18 April 1973 fixing the corrective amount applicable
                                                    to the refund on cereals
                                                                                                                    ( u.a. /ton '
      CCT                                                         1st         2nd           3rd        4th   5th       6th
    heading           Description of goods          Current     period       period        period    period period    period
       No                                              4           5            6             7         8     9         10
10.01 A         Common wheat, and mes­
                  lin
10.01 B         Durum wheat
10.02           Rye
10.03           Barley
10.04           Oats
10.05 B        Maize other than hybrid
                  maize for sowing
10.07 C         Grain sorghum