CELEX: 31968R1180
Language: en
Date: 1968-08-05
Title: Regulation (EEC) No 1180/68 of the Commission of 5 August 1968 amending Regulation No 633/67/EEC as regards the advance fixing of the export refund on cereals in cases of force majeure and on denatured common wheat

Official Journal of the European Communities                                     419
 7.8.68                             Official Journal of the European Communities                             No L 195/1
                           REGULATION (EEC) No 1180/68 OF THE COMMISSION
                                                   of 5 August 1968
              amending Regulation No 633/67/EEC as regards the advance fixing of the export refund
                         on cereals in cases of force majeure and on denatured common wheat
THE     COMMISSION       OF    THE   EUROPEAN      COM­         of export, or in the last month of validity of the
MUNITIES ,                                                      licence, are applied to the quantities of cereals which
                                                                should have been exported during the period affected
 Having regard to       the Treaty establishing the            by the case of force majeure, whereas it is necssary
 European Economic Community ;                                 to change that situation by applying to such
                                                                quantities the corrective amount which had been
Having regard to Council Regulation No 120/67/                 fixed in advance for the month during which the
EEC1 of 13 June 1967 on the common organisation                export was envisaged ;
of the market in cereals, and in particular Article
 16 (6) thereof;                                               "Whereas Article 6 of Council Regulation No 172/67/
                                                               EEC 6 of 27 June 1967 on general rules governing the
Whereas Article 16 of that Regulation provides that,           denaturing of wheat and rye of bread-making
in the case of advance fixing of the refund, this               quality provides that the export refund on denatured
must be adjusted for the threshold price in force              common wheat must be calculated on the basis of
during the month of exportation and that a correc­             the export refund on barley; whereas it is necessary
tive amount shall apply to it;                                 therefore to provide that the adjustment to be made
                                                               to the refund on denatured common wheat pursuant
                                                               to the first subparagraph of Article 16 (4) of Regu­
Whereas Commission Regulation No 633 /67/EEC2
                                                               lation No 120/67/EEC is that resulting from the
of 27 September 1967 on the advance fixing of the
                                                                variation in the threshold price for barley;
export refund on cereals, as amended by Regulation
(EEC) No 427/683 lays down detailed rules for cal­
culating the corrective amount for the refund fixed            Whereas the measures provided for in this Regulation
in advance;                                                    are in accordance with the Opinion of the Manage­
                                                               ment Committee for Cereals ;
Whereas owing to certain cases of force majeure
envisaged in Commission Regulation No 473 /67/                 HAS ADOPTED THIS REGULATION :
EEC4 of 21 August 1967 on import and export
licences for cereals, processed cereal products, rice,                                 Article 1
broken rice and processed rice products, as last               The following Article 2a shall be inserted in Regu­
amended by Regulation (EEC) No 1127/68,5 cereals               lation No 633/67/EEC :
for which the export refund has been fixed in
advance cannot be exported within the time limit
                                                                     'Article 2a
envisaged in the exporter's export programme before
the case of force majeure arose ; whereas the cereals               1 . If exportation takes place during the period
cannot therefore be exported until the disappearance                of validity of the licence or during the extension
of the circumstances caused by the case of force                    thereof, but as a result of one of the cases of
majeure, thus possibly causing the exporter con­                    force majeure specified in Article 9 (2) of Regu­
siderable damage for which he is not responsible if                 lation No 473/67/EEC, or its consequences, it has
the corrective amounts operative in the actual month                been made impossible during the month envis­
                                                                    aged by the exporter, the corrective amount
                                                                    applicable to the quantities of cereals concerned
1 OJ No 117, 19.6.1967, p. 2269/67.                                 shall where appropriate, by way of derogation
2 OJ No 233 , 28.9.1967, p. 9.
3 OJ No L 488, 9.4.1968, p. 12.
4 OJ No 204, 24.8.1967, p. 16.
5 OJ No L 187, 31.7.1968 , p . 8 .                             6 OJ No 130, 28.6.1967, p. 2602/67.
 ---pagebreak--- 420                                Official Journal of the European Communities
    from Article 10 (3 ) of that Regulation, be that            'Article 2b
    which had been fixed in advance for the month
    during which the export should have taken                   Where the export refund on denatured common
    place.                                                      wheat is fixed in advance, the adjustment
                                                                provided for in the first subparagraph of Article
    2. The provisions of paragraph 1 shall apply                16 (4) of Regulation No 120/67/EEC shall be
    only if the exporter can furnish proof that the             made on the basis of the threshold price for
    export should actually have been carried out                barley ruling during the month of export of the
    during the month in which the case of force                  denatured common wheat.'
    majeure or its consequences made it impossible.
    3 . Member States shall forthwith notify the                                   Article 3
    Commission of any application of the provisions
    of this Article .'                                      This Regulation shall enter into force on the day
                                                            following its publication in the Official Journal of
                       Article 2                            the European Communities. Article 1 shall apply to
                                                            exports which are subject to licences issued on or
The following Article 2b shall inserted in Regu­            after 1 January 1968 . Article 2 shall apply from 26
lation No 633./67/EEC;                                      July 1968 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 August 1968 .
                                                                              For the Commission
                                                                                  The President
                                                                                    Jean REY