CELEX: 31973R1796
Language: en
Date: 1973-06-29 00:00:00
Title: Regulation (EEC) No 1796/73 of the Commission of 29 June 1973 amending Regulation (EEC) No 1373/70 on common rules for the application of the system of import and export licences and advance fixing certificates for agricultural products subject to a single price system

5. 7. 73                               Official Journal of the European Communities                              No L 183/ 1
                                                               I
                                             (Acts whose publication is obligatory)
                              REGULATION (EEC) No 1796/73 OF THE COMMISSION
                                                       of 29 June 1973
               amending Regulation (EEC) No 1373/70 on common detailed rules for the appli­
               cation of the system of import and export licences and advance fixing certifi­
                           cates for agricultural products subject to a single price system
THE COMMISSION OF THE EUROPEAN                                     Having regard to Council Regulation No 142/
COMMUNITIES,                                                       67/EEC (7) of 21 June 1967 relating to export refunds
                                                                   for colza, rape and sunflower seeds, as last amended
                                                                   by Regulation (EEC) No 2429/72 (8), and in particular
Having regard to the Treaty establishing the European              Article 6 thereof ;
Economic Community ;
                                                                   Having regard to Council Regulation No 171 /
Having regard to Council Regulation No 136/                        67/EEC (9) of 27 June 1967 on the refunds and levies
66/EEC (1) of 22 September 1966, on the establish­                 applicable to the export of olive oil, as last amended
ment of a common organization of the market in oils                by Regulation (EEC) No 2429/72, and in particular
and fats, as last amended by the Act relating to the               Article 1 1 thereof ;
Conditions of Accession and the Adjustments to the
Treaties (2), hereinafter called 'the Act', and in par­            Having regard to Council Regulation No 359/
ticular Articles 16 (2), 17 (3), 18 (3) and 28 (3) thereof ;       67/EEC (10) of 25 July 1967 on the common organiza­
                                                                   tion of the markets in rice, as last amended by the
                                                                   Act, and in particular Articles 1 0 (2), 1 3 (5), 1 7 (6) and
Having regard to Council Regulation No 162/                        25 thereof ;
66/EEC (3) of 27 October 1966, on trade in oils and
fats between the Community and Greece, and in par­                 Having regard to Council Regulation No 1009/
ticular Article 8 thereof ;
                                                                   67/EEC of 18 December 1967 (n) on the common
                                                                   organization of the market in sugar, as last amended
Having regard to Council Regulation No 120/                        by Regulation (EEC) No 1014/73 (12), and in particular
67/EEC (4) of 13 June 1967 on the organization of the              Articles 11 (2), 15 (5), 17 (4) and 38 ;
markets in cereals, as last amended by the Act, and in
particular Articles 1 2 (2), 1 5 (5), 1 6 (6) and 24 thereof ;     Having regard to Council Regulation No 804/68 (13)
                                                                   of 27 June 1968 on the common organization of the
                                                                   market in milk and milk products, as last amended by
Having regard to Council Regulation No 122/                        the Act, and in particular Articles 1 3 (3), 1 7 (4) and 28
67/EEC (5) of 13 June 1967 on the common organiza­                 thereof ;
tion of the markets in eggs, as last amended by the
Act, and in particular Articles 9 (3) and 1 5 thereof ;            Having regard to Council Regulation (EEC) No
                                                                   805/68 ( H) of 27 June 1968 on the common organiza­
                                                                   tion of the market in beef and veal, as last amended
 Having regard to Council Regulation No 123/
 67/EEC (6) of 13 June 1967 on the common organiza­                by Regulation (EEC) No 187/73 (15), and in particular
 tion of the markets in meat and poultry, as last                  Articles 1 2 (a) (2), 1 5 (3) and 25 ;
amended by the Act, and in particular Article 9 (3)
and Article 1 5 thereof ;                                          (7) OJ No 125, 26. 6. 1967, p. 2461 /67.
                                                                   (») OJ No L 264, 23 . 11 . 1972, p. 1 .
                                                                   (9) OJ No 130, 28 . 6. 1967, p. 2600/67.
(')  OJ No   172, 30 . 9 . 1966, p. 3025/66.                       ( 10) OJ No 174, 31 . 7. 1967, p. 1 .
(2)  OJ No   L 73, 27. 3 . 1972, p. 14.                            (») OJ No 308 , 18 . 12. 1967, p. 1 .
(3)  OJ No   197, 29 . 10. 1966, p. 3393/66.                       (") OJ No L 106, 20. 4. 1973, p. 1 .
(4)  OJ No   117, 19 . 6. 1967, p. 2269/67.                        (13 ) OJ No L 75, 28 . 3 . 1968, p. 4.
 (5) OJ No   117, 19 . 6. 1967, p. 2293/67.                        ( 14) OJ No L 148 , 28 . 6. 1968 , p. 24.
  6) OJ No   117, 19 . 6. 1967, p. 2301 /67.                       (> 5 ) OJ No L 25, 30 . 1 . 1973, p. 23 .
 ---pagebreak--- No L 183/2                                Official Journal of the European Communities                              5 . 7 . 73
Having regard to Council Regulation (EEC) No                         Whereas the measures provided for in this Regulation
865/68 (1) of 28 June 1968 on the common organiza­                   are in accordance with the Opinion of the Manage­
tion of the market in products processed from fruit                  ment Committees for Oils and Fats, for Cereals, for
and vegetables, as last amended by the Act, and in                   Poultrymeat and Eggs, for Sugar, for Milk and Milk
particular Articles 5 (3), 6 (3) and 1 3 thereof ;                   Products, for Beef and Veal, for Processed Fruit and
                                                                     Vegetables and for Wine ;
Having regard to Council Regulation (EEC) No
816/70 (2) of 28 April 1970 laying down additional
provisions for the common organization of the market
in wine, as last amended by the Act, and in particular               HAS ADOPTED THIS REGULATION :
Article 8 (3) thereof ;
Whereas the rules relating to the various sectors                                            Article 1
comprised in the common organization of markets
provide in respect of applications for levies or refunds             In Articles 5, 6 and 7 of Regulation (EEC) No
that if the levy or refund prevailing on the day on                  1373/70, the words ' 16.00 hours' and ' 17.30 hours' are
which the licence application is lodged is to apply,                 replaced by ' 13.00 hours' and ' 14.30 hours' respec­
applications for levies or refunds must be lodged at                 tively.
the same time as the licence applications and before 1
p. m .
                                                                                             Article 2
Whereas in order to simplify administrative proce­
dures it is desirable to apply the same rule with                    The following paragraph is added to Article 7 (a) of
respect to the hour by which applications for licences               Regulation (EEC) No 1373/70 ;
which are to be issued without advance fixing of the
levy or refund are to be lodged ; whereas Commission                     'However, where amounts expressed in units of
Regulation (EEC) No 1373/70(3) of 10 July 1970 on                        account are converted into pounds sterling or Irish
common detailed rules for the application of the                         pounds, the reference to the first two decimal
system of import and export licences and advance                         places in the foregoing paragraph shall be replaced
fixing certificates for agricultural products subject to a               by a reference to not more than the first four
single price system, as last amended by Regulation                       decimal places. The fourth decimal place shall be
(EEC) No 571 /73 (4) should therefore be adapted                         rounded off in the same manner as the second
accordingly ;                                                            decimal place.'
Whereas Article 7 (a) of Regulation (EEC) No 1373/70
provides that when the amounts resulting from the                                            Article 3
conversion of units of account into national currency
are entered on licence applications, only the first two              1 . Paragraphs 2 and 3 of Article 17 of Regulation
decimal places are to be given ;                                     (EEC) No 1373/70 are replaced by the following para­
                                                                     graphs :
Whereas, since the unit values of the pound sterling
and of the Irish pound are higher than the unit values                   '2. An applicant shall supply appropriate docu­
of the currencies of the other Member States, more                       mentary proof that this tender has been accepted.
than two decimal places should be given so as to
prevent distortion when converting into pounds                           If within 21 days the applicant does not notify the
sterling and Irish pounds ;                                              licensing agency of the outcome of the tendering
                                                                         procedure or produce appropriate - documentary
Whereas it is necessary for administrative reasons to                    proof to that agency that the closing date for the
limit to four the number of decimal places given                         submission of tenders has been deferred, the
when converting into the two abovementioned curren­                      licence shall not be issued and the security shall
cies ;                                                                   be forfeit.
Whereas where an export licence and advance fixing                       If the closing date for the submission of tenders is
of the refund are applied for under Article 17 of Regu­                  deferred
lation (EEC) No 1373/70 in connection with an invita­
tion to tender in an importing third country, the                        — by not more than 5 days, the application shall
conditions governing applications for and issue of                           remain valid and the period referred to in the
such licence must be more stringent ;                                        preceding paragraph for notifying the outcome
                                                                             of the tendering procedure shall be reckoned
                                                                             from the new closing date for the submission
(>) OJ  No L   153 , 1 . 7. 1968 , p. 8 .                                    of tenders ;
(2) OJ  No L  99, 5. 5. 1970, p. 1 .
(3) OJ No  L  158, 20. 7. 1970, p. 1 .                                   — by more than 5 days, the application is no
(4) OJ No  L  56, 1 . 3. 1973, p. 3.                                         longer valid and the security shall be released.
 ---pagebreak--- 5. 7. 73                          Official Journal of the European Communities                         No L 183/3
    3 . The provisions of paragraphs 1 and 2 shall           2. Paragraphs 5 and 6 as follows are added to
    apply only if the interested party has submitted an      Article 17 of Regulation (EEC) No 1373/70 :
    application for a licence accompanied by an appli­           ' 5.  The Member States shall communicate to
    cation for advance fixing of the refund for the              the Commission forthwith the particulars required
    third country inviting tenders and specifies                 under paragraph 3 (a), (b) and (c).
    therein :
                                                                 6. Exceptional measures may be adopted in
    (a) the closing date for submission of tenders ;             special cases in accordance with the procedure laid
    (b) the importing third country and the agency               down in Article 26 of Regulation No 120/67/EEC
        issuing the invitation to tender ;                       on the common organization of the market in
    (c) the total quantity covered by the invitation to          cereals, or, as the case may be, in corresponding
        tender.                                                  Articles of other Regulations on the common
                                                                 organization of markets.'
    This application for a licence my not be submitted
                                                                                      Article 4
    more than fifteen days before the closing date for
    the submission of tenders. The applicant shall           This Regulation shall enter into force on the third day
    produce appropriate documents showing the parti­         following its publication in the Official Journal of
    culars required under (a), (b) and (c)\                  the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1973 .
                                                                       For the Commission
                                                                           The Président
                                                                      François-Xavier ORTOLI