Council Regulation (EEC) No 1431/76 of 21 June 1976 laying down general rules for granting export refunds on rice and criteria for fixing the amount of such refunds

COUNCIL REGULATION (EEC) No 1431/76  of 21 June 1976  laying down general rules for granting export refunds on rice and criteria for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), and in particular Article 17 (5) thereof,
Having regard to the proposal from the Commission,
Whereas export refunds on products subject to the common organization of the market in rice must be fixed in accordance with certain criteria which would make it possible to cover the difference between quotations and prices for those products within the Community and on the world market, while respecting the general aims of the common organization ; whereas to this end the supply situation within the Community and the price situation on the world market and within the Community for rice and broken rice must be taken into account;
Whereas, in view of the considerable fluctuations over periods of time in quotations for rice and broken rice on the world market and the disparity between the prices at which these products are offered by various countries on that market, a refund should be fixed which, for the purpose of covering the difference between world prices and prices ruling within the Community, particularly in view of costs incurred in placing these products on the market, would take the difference between representative prices within the Community and the most favourable quotations on the world market into account;
Whereas, pursuant to Article 17 (2) of Regulation (EEC) No 1418/76 the refund is to vary according to the destination of the products, the amount of such variations should be determined on the basis of the distances separating the Community market from the countries of destination or on the basis of the special conditions which apply to imports in certain of these countries;
Whereas, to avoid distortions of competition between Community traders, the administrative conditions under which they operate must be identical throughout the Community;
Whereas, to ensure Community traders sufficient stability in the amount of the refund, the period for which the amounts may remain unchanged should be fixed at one month, subject to any alterations which may be made in the intervening period pursuant to the second sentence of the fourth subparagraph of Article 17 (2) of Regulation (EEC) No 1418/76;
Whereas, in certain situations, and in particular in periods of uncertainty or of considerable price fluctuations on the world market, exports should be regulated by means of a quantitative limitation on refunds ; whereas fixing the refund by a tendering procedure seems to be a suitable means of attaining that objective ; whereas the adjustment, by reference to threshold prices, of a refund fixed in advance for paddy rice or semi-milled rice may be made only by applying the rates used to convert values relating to a quantity of husked or wholly milled rice into a value relating to the same quantity of rice at another stage of processing ; whereas the general rules on the granting of refunds should consequently be set out in detail, in order to prevent wrongful application of Article 17 (4) of Regulation (EEC) No 1418/76 involving the omission of those conversion rates;
Whereas there does not appear to be any justification for granting a refund on paddy rice or husked rice imported from third countries and re-exported to third countries unless certain conditions are fulfilled,