CELEX: 31972R2689
Language: en
Date: 1972-12-12 00:00:00
Title: Regulation (EEC) No 2689/72 of the Council of 12 December 1972 supplementing Regulation No 176/67/EEC as regards general rules for the advance fixing of export refunds on poultrymeat

70                             Official Journal of the European Communities
27.12.72                       Official Journal of the European Communities                   No L 289/41
                      REGULATION (EEC) No 2689/72 OF THE COUNCIL
                                            of 12 December 1972
            supplementing Regulation No 176/67/EEC as regards general rules for the
                             advance fixing of export refunds on poultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNI­                     Whereas, in order to avoid abuse, the issue of
TIES,                                                    such certificates should be conditional upon the
                                                         lodging of a deposit which shall be forfeited if
Having regard to the Treaty establishing the             the goods are not exported within the period of
European Economic Community;                             validity of the certificate;
Having regard to Council Regulation No                   Whereas, for the different products covered by
123/67/EEC1 of 13 June 1967 on the common                a common organisation of the market, in the
organisation of the market in poultrymeat, as            interest of stable trading conditions, provision
last amended by Regulation (EEC) No 2688/72,2            has been made for the advance fixing of the
and in particular the fourth subparagraph of             levy or the export refund; whereas, however,
Article 9 (2) thereof;                                   experience has shown that in certain circum­
                                                         stances and, in particular, in cases of abnormal
Having regard to the proposal from the                   resort to this system by the persons concerned,
Commission;                                              there was a threat of difficulties on the market
                                                         in question;
Whereas Council Regulation (EEC) No 2688/72
of 12 December 1972 supplementing Regulation             Whereas, in order to remedy such a situation it
No 123/67/EEC on the advance fixing of                   must be possible for measures to be taken
export refunds on poultrymeat has made it                rapidly; whereas' therefore, provision should be
possible to fix export refunds in advance in this        made for the Commission to adopt such
sector;                                                  measures after, receiving the Opinion of ' the
                                                         Management Committee or, in cases of urgency,
Whereas it is therefore necessary to supplement          without waiting for the latter to meet;
Council Regulation No 176/67/EEC3 of
27 June laying down general rules for granting
export refunds and criteria for fixing the amount
of such refunds by rules for the advance fixing          HAS ADOPTED THIS REGULATION:
of export refunds;
Whereas it is only necessary to fix refunds in
advance in certain cases ; whereas any decision                                Article 1
to do so should be taken in accordance with
Article 17 of Regulation No 123/67/EEC;                  The following shall be substituted for Article 5
                                                         of Regulation No 176/67/EEC:
Whereas the possibility of fixing refunds in
advance makes it necessary to take steps to                  C1 .   The list of products on which an
ensure that in each case the exports are carried             export refund is granted and the amount of
out as stated in the application; whereas, to                such refund shall be fixed at least once
that end, each applicant should receive a                    every three months .
certificate requiring the goods Un question to be
exported within a given period;                              2.    The amount of the refund shall be
                                                             that applicable on the day of exportation.
1 OJ No 117, 19.6.1967, p. 2301/67.
                                                             3 . However, it may be decided upon
2 OJ No L 289 , 27.12.1972, p. 40.                           request that the refund can be fixed in
3 OJ No 130, 28.6.1967, p. 2612/67,                          advance. In that case the export refund
 ---pagebreak---                           Official Journal of the European Communities                               71
applicable on the day on which the appli­                                 Article 2
cation for the certificate is lodged shall be
applied, if the party concerned so requests         The following Article 5a shall be inserted in
at the same tine as the application for the         Regulation No 176/67/EEC:
certificate is made (the request to be made
not later thar_ 13.00 hours), to exports                '1 .   The grant of the refund under the
effected during the period of validity of the           conditions provided for in Article 5 (3)
certificate.                                            shall be subject to submission of an advance
                                                        fixing certificate issued by Member States to
4.     When examination of the market                   any applicant irrespective of the place of his
situation shows that there are difficulties             establishment in the Community.
due to the application of the provisions                The certificate of advance fixing shall be
concerning the advance fixing of the export             valid throughout the Community.
refund, or that such difficulties may occur,
a decision may be taken, in accordance                  2.     The issue of the certificates of advance
with the procedure laid down in Article 17              fixing shall be conditional upon the lodging
of Regulation No 122/67/EEC, to suspend                 of a deposit guaranteeing that exportation
the application of these provisions for the             shall be carried out within the period of
period strictly necessary.                              validity of the certificate, if the operation is
                                                        not carried out, or is only partially carried
In cases of extreme urgency, the Commission             out within that period, the deposit shall be
may, after examination of the situation,                forfeited in whole or in part.'
decide on the basis of all the information
available to it tD suspend advance fixing for
a maximum of three days.                                                  Article 3
Applications fo:: certificates accompanied by
applications for advance fixing lodged              This Regulation shall enter into force on the
during the period of suspension shall be            third day following its publication in the
rejected.'                                          Official Journal of the European Communities.
        This Regulation shall be binding in its entirety and directly applicable in all
        Member States.
        Done at Brussels, 12 December 1972.
                                                                      For the Council
                                                                       The President
                                                                       P. LARDINOIS