CELEX: 31969R2586
Language: en
Date: 1969-12-22 00:00:00
Title: Regulation (EEC) No 2586/69 of the Commission of 22 December 1969 amending Regulation No 1041/67/EEC on detailed rules for the application of export refunds on products subject to a single price system

Official Journal of the European Communities                                   555
 24.12.69                              Official Journal of the European Communities                           No L 322/27
                             REGULATION (EEC) No 2586/69 OF THE COMMISSION
                                                    of 22 December 1969
                amending Regulation No 1041/67/EEC on detailed rules for the application of export
                                   refunds on products subject to a single price system
 THE    COMMISSION         OF    THE   EUROPEAN       COM­        Having regard to Council Regulation No
 MUNITIES,                                                         139/67/EEC10 of 21 June 1967 laying down general
                                                                  rules for granting export refunds on cereals and the
 Having regard to the Treaty establishing the                     criteria determining the amount of such refunds, and
 European Economic Community;                                     in particular Article 7 (3 ) thereof;
 Having regard          to     Council Regulation       No        Having regard to Council Regulation (EEC) No
 136/66/EEC1 of         22    September 1966 on         the       968/68 11 of 15 July 1968 on the system applicable to
 establishment of a common organisation of the                    cereal-based compound feeding-stuffs, as last
 market in oils and fats, as last amended by                      amended by Regulation (EEC) No 2196/69,12 and in
 Regulation (EEC) No 2146/68,2 and in particular                  particular Article 7 (5) thereof;
 Articles 18 (3 ) and 28 (3 ) thereof;
                                                                  Having regard to Council Regulation *( EEC) No
Having       regard     to     Council   Regulation     No         1052/6813 of 23 July 1968 on the import and export
 162/66/EEC3 of 27 October 1966 on trade in oils and              system for products processed from cereals and from
fats between the Community and Greece, and in                     rice, as last amended by Regulation (EEC) No
particular Article 8 thereof;                                     302/69,14 and in particular Article 6 (5) thereof;
Having regard to Council Regulation No                            Having      regard     to     Council  Regulation   No
 142/67/EEC4 of 21 June 1967 on export refunds on                 121 /67/EEC15 of 13 June 1967 on the common
 colza, rape and sunflower seeds, as last amended by              organisation of the market in pigmeat, as last
Regulation (EEC) No 845/68 ,5 and in particular                   amended by Regulation (EEC) No 1398/69, and in
 Articles 5 (3 ) and 6 thereof;                                   particular Articles 15 (6) and 22 thereof.
Having regard to Council Regulation No                            Having regard to Council Regulation No
 171/67/EEC6 of 27 June 1967 on export refunds and                177/67/EEC16 of 27 June 1967 laying down general
levies on olive oil, as last amended by Regulation                rules for granting export refunds on pigmeat and the
 (EEC) No 18 /69, 7 and in particular Articles 8 (3 ) and         criteria for fixing the amount of such refunds, and in
 11 thereof;                                                      particular Article 6 (3 ) thereof;
Having      regard     to     Council    Regulation     No        Having regard to Council Regulation No
120/67/EEC8 of 13 June 1967 on the common                         122/67/EEC17 of 13 June 1967 on the common
organisation of the market in cereals, as last amended            organisation of the market in eggs, as amended by
by Regulation (EEC) No 1396/69 and No 1398/69,9                   Regulation (EEC) No 830/68,18 and in particular
and in particular Articles 16 (6) and 24 thereof;                 Articles 9 (3 ) and 15 thereof;
1 OJ No 172, 30.9.1966, p. 3025/66.                               10 OJ No L 125, 26.6.1967, p. 2453/67.
2 OJ No L 314, 31.12.1968, p . 1 .                                11 OJ No L 166, 17.7.1968, p. 2 .
3  OJ No  197, 29.10.1966, p. 3393/66.                            12 OJ No L 279, 6.11.1969, p. 1 .
4  OJ No   125, 26.6.1967, p. 2461/67.                            13 OJ No L 179, 25.7.1968, p. 8.
5  OJ No   L 152, 1.7.1968, p. 6.                                 14 OJ No L 43, 20.2.1969, p. 1 .
6  OJ No   130, 28.6.1967, p. 2600/67.                            15 OJ  No  117, 19.6.1967, p. 2283/67.
7  OJ No  L 3, 7.1.1969, p. 1 .                                   18 OJ  No  130, 28.6.1967, p. 2614/67.
8  OJ No   117, 19.6.1967, p. 2269/67.                            17 OJ  No  117, 19.6.1967, p. 2293/67.
9  OJ No  L 179, 21.7.1969, p. 13.                                18 OJ  No  L 151, 30.6.1968, p. 23.
 ---pagebreak---  556                                    Official Journal of the European Communities
 Having regard to Council Regulation No                            Having regard to Council Regulation (EEC) No
175/67/EEC1 of 27 June 1967 laying down general                    876/68/11 of 28 June 1968 laying down general rules
rules for granting export refunds on teggs and the                 for granting export refunds on milk and milk
criteria for fixing the amount of such refunds, and in             products and the criteria for fixing the amount of
particular Article 6 (3 ) thereof;                                 such refunds, and in particular Article 6 (3 ) thereof;
Having regard to Council Regulation No                             Having regard to Council Regulation (EEC) No
123/67/EEC2 of 13 June 1967 on the common or­                      805/68 12 of 28 June 1968 on the common
ganisation of the market in poultrymeat, and in                    organisation of the market in beef and veal, as
particular Articles 9 (3 ) and 15 thereof;                         amended by Regulation (EEC) No 1398/69, and in
                                                                   particular Articles 18 (6) and 25 thereof;
Having regard to Council Regulation No                             Having regard to Council Regulation (EEC) No
176/67/EEC3 of 27 June 1967 laying down general                    885/6813 of 28 June 1968 laying down general rules
rules for granting export refunds on poultrymeat and               for granting export refunds on beef and veal and the
the criteria for fixing the amount of such refunds,                criteria for fixing the amount of such refunds, and in
and in particular Article 6 (3 ) thereof;                          particular Article 6 (3 ) thereof;
Having      regard      to    Council     Regulation     No        Having regard to Council Regulation (EEC) No
359/67/EEC4 of 25 July              1967 on the     common         865/6814 of 28 June 1968 on the common
organisation of the market in rice, as last amended by             organisation of the market in products processed
Regulation (EEC) No 1398/69, and in particular                     from fruit and vegetables, as last amended by
Articles 17 (6) and 25 thereof;                                    Regulation (EEC) No 1906/69,15 and in particular
                                                                   Articles 3 (4) and 13 thereof;
Having regard to Council Regulation No
366/67/EEC5 of 25 July 1967 laying down general                    Whereas      Commission        Regulation   (EEC)     No
rules for granting export refunds on rice and the                  2315 /69 16 of    19 November       1969 on  the use of
criteria for fixing the amount of such refunds, as                 Community transit documents' for the purpose of
amended by Regulation No 1019/67/EEC,6 and                         applying Community measures involving control of
in particular Article 6 thereof;                                   the use and/or destination of goods set up a
                                                                   procedure of . administrative co-operation between
Having      regard      to    Council     Regulation     No        Member States including in particular the use of a
1009/67/EEC7 of 18 December 1967 on the common                     Community control document for the purposes of
                                                                   application     of   those    measures ;  whereas    this
organisation of the market in sugar, as last amended
by Regulations (EEC) No 1393/69 and No 1398/69 ,                   procedure should be substituted for that of the exit
and in particular Articles 17 (4) and 38 thereof;                  certificate established provisionally by Commission
                                                                   Regulation No 1041/67/EEC17 of 21 December 1967
                                                                   on detailed rules for the application of export refunds
Having regard to Council Regulation (EEC) No                       on products subject to a single price system, as last
766/68® of 18 June 1968 laying down general rules                  amended by Regulation (EEC) No 1935/69,18 for the
for granting export refunds on sugar, as amended by                purposes of furnishing proof that the products have
Regulation (EEC) No 729/69,9 and in particular                     left the geographical territory of the Community or
Article 14 (3 ) thereof;                                           have reached their destination within the meaning of
                                                                   Article 2 of Regulation No 1041/67/EEC ;
Having regard to Council Regulation (EEC) No
804/6810 of 27 June 1968 on the common organisation                Whereas experience has shown that the provisions of
of the market in milk and milk products, as last                   Article 6a of Regulation No 1041/67/EEC are too
amended by Regulation (EEC) No 1398/69, and in                     strict; whereas they should be made more flexible;
particular Articles 17 (4) and 28 thereof;
                                                                   Whereas in certain cases exit certificates can not be
                                                                   produced owing to circumstances beyond the control
 1 OJ No   130, 28.6.1967, p. 2610/67.
 2 OJ No   117, 19.6.1967, p. 2301/67.
 3 OJ No   130, 28.6.1967, p. 2612/67.                             11 OJ  No L 155, 3.7.1968, p. 1.
 4 OJ No   174, 31.7.1967, p. 1 .                                  12 OJ  No L 148, 28.6.1968, p. 24.
 5 OJ No   174, 31.7.1967, p. 34 .                                 13 OJ  No L 156, 4.7.1968, p. 2.
 6 OJ No   311 , 21.12.1967, p. 13 .                               14 OJ  No L 153, 1.7.1968, p. 8.
 7 OJ No   308, 18.12.1967, p. 1 .                                 15 OJ  No L 247, 1.10.1969, p. 2.
 8 OJ No   L 143 , 25.6.1968, p. 6.                                16 OJ  No L 295, 24.11.1969, p. 14.
 9 OJ No   L 96, 23.4.1969, p . 1 .                                17 OJ  No 314, 23.12.1967, p. 9.
10 OJ No   L 148, 28.6.1968, p. 13 .                               18 OJ  No L 247, 1.10.1969, p. 51.
 ---pagebreak---                                     Official Journal of the European Communities                                   557
of the parties concerned, while all other requirements             where necessary, 105 shall be completed. Section
for the payment of refunds are satisfied ; whereas this            104 shall be completed by deleting what does not
situation, in view of the novel character of the                   apply and by showing, where necessary, the
procedure introduced, may have been injurious to the               intended destination within the meaning of Article
exporters concerned ;                                              2 .'
Whereas in such special cases other kinds of proof                                     Article 2
should be accepted if they offer equivalent
assurances ;
                                                               The following shall be substituted for Article 6a of
Whereas the measures laid down in this Regulation              Regulation No 1041/67/EEC :
are in accordance with the Opinion of the                          'No refund shall be granted if the amount thereof
Management Committees for Oils and Fats, for                       for an application, whether it covers one or more
Cereals, for Pigmeat, for Sugar, for Milk and Milk                 export declarations, does not exceed 10 units of
Products, for Beef and Veal, for Products Processed                account.'
from Fruit and Vegetables and for Poultrymeat and
Eggs ;
                                                                                       Article 3
HAS ADOPTED THIS REGULATION :
                                                               Where the provisions of Article 10 (2) of Regulation
                                                               No 1041/67/EEC were not fulfilled because, owing to
                        Article 1                              circumstances .beyond the control of the applicant,
                                                               the exit certificate which was required until the entry
                                                               into force of this Regulation could not be produced,
The following shall be substituted for Article 5 of            the competent national authorities may recognize
Regulation No 1041/67/EEC :                                    other documents as equivalent to the exit certificate.
    '1 .   If before leaving the geographical territory        Member States shall inform the Commission of the
    of the Community or before reaching one of the             measures taken in application of this provision.
    destinations listed in Article 2, a product for
    which customs export formalities have been
    completed crosses Community territory other                                        Article 4
    than that of the Member State in whose territory
    such formalities took place, proof that the
    product has left the geographical territory of the         This Regulation shall enter into force on 1 January
    Community or reached the intended destination              1970. However, Article 5 of Regulation No
    shall be furnished by the production of the                1041/67/EEC may continue to be applied until 28
    control copy referred to in Article 1 of Regulation        February 1970 in the form valid on 31 December
    (EEC) No 231 5/69.                                         1969 .
    2.    In the part of the control copy entitled             Export licences issued before 1 March 1970 remain
    "Special Remarks", sections 101 , 103 , 104 and,           subject to the provisions applicable prior to that date.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 December 1969 .
                                                                                   For the Commission
                                                                                      The President
                                                                                        Jean REY