Regulation (EEC) No 2768/75 of the Council of 29 October 1975 laying down general rules for granting export refunds on pigmeat and criteria for fixing the amount of such refunds

REGULATION (EEC) No 2768/75 OF THE COUNCIL  of 29 October 1975  laying down general rules for granting export refunds on pigmeat 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 2759/75 (1) of 29 October 1975 on the common organization of the market in pigmeat, and in particular Article 15 (4) thereof;
Having regard to the proposal from the Commission;
Whereas export refunds on products subject to the common organization of the market in pigmeat must be fixed in accordance with certain criteria which would make it possible to cover the difference between prices for those products within the Community and on the world market ; whereas, to this end, the supply situation and prices for those products within the Community and the price situation on the world market must be taken into account;
Whereas the difference between prices within the Community and prices on the world market for the quantity of feed grain required for the production of one kilogramme of pigmeat must also be taken into account ; whereas for products other than pig carcases the coefficients referred to in Article 10 (4) of Regulation (EEC) No 2759/75 should be taken into account;
Whereas if price trends are to be noted, prices must be determined in accordance with general principles ; whereas, to this end, prices on third country markets and in countries of destination, producer prices recorded in third countries and free-at-Community-frontier prices should be taken into account when prices on the world market are being determined ; whereas, in the absence of representative markets for pigmeat products, prices ruling at the various marketing stages and on exportation should be used as a basis in determining Community prices;
Whereas provision must be made for varying the amount of the refund according to the destination of the products, since markets in the countries of destination are at varying distances from Community markets and special conditions apply to imports in certain countries of destination;
Whereas, to give Community exporters a measure of stability as regards the amount of the refund and certainty with regard to the list of products eligible for a refund, provision should be made for such list and amounts to remain valid for a relatively long period ; whereas rules should also be laid down governing the advance fixing of the export refunds;
Whereas it is necessary to fix refunds in advance only in certain cases ; whereas any decision to do so should be taken in accordance with Article 24 of Regulation (EEC) No 2759/75;
Whereas the possibility of fixing refunds in advance makes it necessary to take steps to ensure that in every case exportation is carried out as stated in the application ; whereas to that end each applicant should receive a certificate requiring the goods in question to be exported within a given period;
Whereas in order to avoid abuse the issue of such certificates should be conditional upon the provision of security, which should be forfeited if the goods are not exported within the period of validity of the certificates;
Whereas experience gained in the various sectors where a common organization of the market has been established and in which there is provision for advance fixing of the refund has shown that in certain circumstances, and in particular where exporters have abnormal recourse to this system, there is a risk of difficulties arising on the market concerned;
Whereas in order to remedy such a situation it must be possible for measures to be taken rapidly ; whereas provision should therefore be made for the Commission to adopt such measures after receiving the Opinion of the Management Committee or, in cases of urgency, without waiting for the latter to meet;  (1)See page 1 of this Official Journal.
Whereas, to avoid distortions of competition between individual Community traders, the administrative conditions under which they operate must be identical throughout the Community ; whereas there does not appear to be any justification for granting a refund where the products in question are imported from third countries and re-exported to third countries ; whereas the reimbursement, under certain conditions, of the levy charged on importation is sufficient to allow these products to be placed on the world market again,