31974R1981
29 . 7. 74 Official Journal of the European Communities No L 207/9
REGULATION (EEC) No 1981/74 OF THE COMMISSION of 25 July 1974
laying down detailed rules for the application pursuant to Article 7 (2) of Regulation (EEC) No 1132/74 of an export levy on starches
THE COMMISSION OF THE EUROPEAN adopted on similar lines to that in force for calculat COMMUNITIES, ing the import levy and the export refund on products processed from cereals and from rice ;
Having regard to the Treaty establishing the Euro pean Economic Community ; Whereas to ensure that the calculation of the export levy is as up to date as possible, it should be based on price factors valid during the week preceding that Having regard to Council Regulation No 120/67/ of fixing; whereas it should be allowed to remain in EEC (*) of 13 June 1967 on the common organization force for one week only so that it may be adjusted of the market in cereals, as last amended by Regu to any world market price fluctuations ; lation ( EEC ) No 1125/74 ( 2);
Having regard to Council Regulation No 359/67/ Whereas there must be provision for determining the EEC (3) of 25 July 1967 on the common organization date for the application of the rate of the levy and of the market in rice, as last amended by Regulation the Member State which is to collect the levy; ( EEC ) No 1129/74 (4); whereas, to this end, the rules adopted for other agricultural exports should be followed;
Having regard to Council Regulation (EEC) No 1132/74 (8) of 29 April 1974 on production refunds Whereas under Regulation (EEC ) No 1132/74 the in the cereals and rice sectors, and in particular production refund to be taken into consideration in Article 9 ( a) thereof; the new Member States is the production refund applicable in the Community as originally constituted less the relevant compensatory amount; Whereas Article 7 (2) of Regulation (EEC) No 1132/ 74 provides that if world market prices for maize and common wheat or for broken rice appreciably and persistently exceed 8-20 units of account or 10-20 Whereas use should be made of the possibility of units of account respectively, an export levy may be fixing export levies in advance in the light of market introduced so as not to disturb third country markets ; conditions and of the exigencies of international trade, particularly for the purpose of concluding long-term contracts ; Whereas, if the import levy on the basic product is more than 0-30 unit of account/100 kilogrammes less than the amount of the production refund and if this Whereas to facilitate application of this Regulation situation continues for at least a fortnight, the con use should be made of the provisions of Commission ditions required by Article 7 (2) of Regulation (EEC) Regulation (EEC ) No 1279/71 (6) of 17 June 197 f No 1132/74 for the introduction of an export levy on the use of Community transit documents for the may be considered as fulfilled; purpose of applying certain measures on the expor tation of certain goods, as last amended by Regu Whereas the method of calculating the export levy in lation (EEC ) No 2766/71 ( 7 ); the situation outlined above must be defined ; whereas, to that end, a fixed rate system should be Whereas Commission Regulation ( EEC ) No 1604/ 71 (8) of 26 July 1971 on detailed rules for the appli
(>) OJ No 117, 19 . 6. 1967, p . 2269/67. (2 ) OINoL 128 , 10. 5 . 1974, p. 12 . (3) Oj No 174, 31 . 7. 1967, p. 1 . («) OJ No L 133, 19 . 6. 1971 , p. 32. (4 ) Of No L 128 , 10 . 5 . 1974, p. 20. ( 7 ) OJ No L 283 , 24 . 12 . 1971 , p. 33 . (5) OJ No L 128 , 10 . 5 . 1974, p. 24. (8 ) OJ No L 168 , 27. 7. 1971 , p. 11 .
No L 207/ 10 Official Journal of the European Communities 29 . 7 . 74
cation of an export levy on starches in under Article The export levy shall be altered only if application 2 (2) of Regulation No 371/67/EEC, as last amended of the provisions of paragraph 2 ( a) entails an by Regulation (EEC) No 2261/73 (*), has been subject increase or a reduction of more than 0-08 unit of to numerous amendments ; whereas in the interest of account per 100 kilogrammes of basic product. clarity it is preferable to repeal the said Regulation and to replace it by this Regulation; 3 . For the new Member States, the import levy and the production refund referred to in the preceding Whereas the measures provided for in this Regulation paragraphs shall be the levy and the refund on the are in accordance with the Opinion of the Manage product in question less the relevant accession/com ment Committee for Cereals, pensatory amount.
Article 3
HAS ADOPTED THIS REGULATION : The export levy shall be fixed by the Commission once a week.
Article 1 Article 4
The export levy provided for in Article 7 (2) of Regu 1 . The rate of the export levy shall be that valid lation (EEC) No 1132/74 shall be fixed in respect on the day on ^which the customs formalities speci of the products specified in that Article as provided fied in the second subparagraph under (b) of Article in the Articles below if the world market price 8 (2) of Regulation (EEC) No 1373 /70 (4), as last exceeds amended by Regulation (EEC ) No 1796/73 (5), are concluded. It shall be collected by the Member State — 8-20 units of account per 100 kg of maize or on whose territory these formalities have been com common wheat, pleted. — 10-20 units of account per 100 kg of broken rice. 2. The export levy may be fixed in advance. The export levy on the products referred to in Article 1 shall be fixed in advance, at the request of the party Article 2 concerned, when application for a licence is made, in respect of exports to be effected during the period 1 . An export levy shall be introduced when it is of validity of that licence. found that the import levy on maize or common wheat is at least 0-30 unit of account/ 100 kilogram In that case, the amount of the levy fixed in advance mes less than the amount of the production refund shall be that which applies on the day on which valid in the current month and that the average of application for the export licence is made. the levies valid in the immediately following fort In the case of a modification of the amounts specified night is at least 0-30 unit of account/ 100 kilogram in Article 1 the levy fixed in advance is adjusted by mes less than the average of the production refund increasing or reducing the latter by the difference, valid in that fortnight. per 100 kilogrammes of basic product, between the amount valid in the month in which application is 2. (a) The export levy shall be equal, per 100 kilo made and that in force in the month of exportation. grammes of basic product, to the difference These differences shall be adjusted by the coefficient between the production refund valid on the shown in column 4 of the Annex to Regulation day on which this export levy is fixed and the (EEC) No 1052/68 for the products in question. average of the levies applicable on the seven days preceding the day it comes into force. 3 . The export levy shall not apply to exports covered by licences applied for in the periods when (b) This difference shall then be multiplied for the export levy was not fixed. the products mentioned in Article 1 by the coefficients relating to these products shown Article 5 in column 4 of the Annex to Regulation (EEC) No 1052/68 (2), as last amended by 1 . If an export levy is applied, movement within Regulation (EEC) No 881/73 (3). the Community of the products in question shall be subject to the rules set out in Regulation (EEC) No 1279/71 .
(*) OJ No L 233 , 21 . 8 . 1973 , p. 15 . (2) OJ No L 179, 25 . 7. 1968, p. 8 . (4 ) OJ No L 158, 20. 7. 1970, p. 1 . (3 ) OJ No L 86, 31 . 3 . 1973 , p. 30. (5) OJ No L 183, 5 . 7. 1973 , p. 1 .
29 . 7. 74 Official Journal of the European Communities No L 207/ 11
2. "Where it is apparent from the particulars entered patch of the products are completed shall be regarded on the customs document that during transport as the day on which the customs formalities referred between two points situated within the Community to in Article 4 ( 1 ) of this Regulation are completed. products will leave Community territory otherwise than by air, the consignor shall lodge a security equal Article 6 to the levy which would be charged if the products were exported from the Community. Regulation (EEC) No 1604/71 is hereby repealed. 3 . Such security shall be released as and when proof is furnished that the products have reached their desti Article 7 nation. The return to the office of departure of one of the documents specified in Articles 2 and 3 of This Regulation shall enter into force on : Regulation (EEC) No 1279/71 or of a national docu — 1 August 1974 for products coming under Regu ment shall constitute such proof. lation No 120/67/EEC,
4. If Article 5a of Regulation (EEC) No 1279/71 — 1 September 1974 for products coming under applies, the day on which the formalities for the dis Regulation No 359/67/EEC.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 July 1974.
For the Commission
The President Francois-Xavier ORTOLI