Commission Regulation (EEC) No 558/79 of 23 March 1979 fixing in respect of the 1978 crop export refunds for raw tobacco
++++
COMMISSION REGULATION ( EEC ) NO 558/79
OF 23 MARCH 1979
FIXING IN RESPECT OF THE 1978 CROP EXPORT REFUNDS FOR RAW TOBACCO
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 727/70 OF 21 APRIL 1970 ON THE COMMON ORGANIZATION OF THE MARKET IN RAW TOBACCO ( 1 ) , AS LAST AMENDED BY THE ACT OF ACCESSION , AND IN PARTICULAR THE FIRST SENTENCE OF THE THIRD SUBPARAGRAPH OF ARTICLE 9 ( 2 ) THEREOF ,
WHEREAS BY VIRTUE OF ARTICLE 9 OF REGULATION ( EEC ) NO 727/70 THE DIFFERENCE BETWEEN THE WORLD MARKET PRICES OF THE PRODUCTS REFERRED TO IN ARTICLE 1 OF THAT REGULATION AND THEIR PRICES WITHIN THE COMMUNITY MAY BE COVERED BY AN EXPORT REFUND ;
WHEREAS , PURSUANT TO COUNCIL REGULATION ( EEC ) NO 326/71 OF 15 FEBRUARY 1971 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON RAW TOBACCO AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 2 ) , THE GRANTING OF EXPORT REFUNDS IS TO BE LIMITED TO BALED TOBACCO PRODUCED FROM LEAF TOBACCO HARVESTED IN THE COMMUNITY ; WHEREAS THE REFUNDS MUST BE FIXED FOR EACH VARIETY PRODUCED IN THE COMMUNITY IN THE LIGHT OF THE FACTORS INDICATED IN ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 326/71 ;
WHEREAS THERE HAS BEEN A SUBSTANTIAL DROP IN THE PRICES ON THE WORLD MARKET OF TOBACCO ; WHEREAS THE REPERCUSSION OF SUCH A DROP IN PRICES ON THE COMPETITIVE POSITION OF COMMUNITY TOBACCO CONSTITUTES , WITHIN THE MEANING OF ARTICLE 4 OF REGULATION ( EEC ) NO 326/71 , ONE OF THE EXCEPTIONAL CASES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 727/70 AND ACCORDINGLY ENABLES THE REFUND TO BE FIXED BEYOND THE LIMITS LAID DOWN IN THAT ARTICLE ;
WHEREAS IN ADDITION THE MARKET FOR THE VARIETY ROUND TIP IS CHARACTERIZED BY LIMITED OUTLETS AND BY EXCEPTIONALLY HIGH MARKETING COSTS ; WHEREAS THE SPECIFIC MARKET CHARACTERISTICS OF THE VARIETY ROUND TIP THEREFORE ALSO CONSTITUTE IN THE SENSE OF ARTICLE 4 OF THE ABOVEMENTIONED REGULATION , ONE OF THE EXCEPTIONAL CASES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 727/70 AND PERMIT THE FIXING OF THE REFUND OUTSIDE THE LIMITS SET BY THIS ARTICLE ;
WHEREAS , IN VIEW OF CURRENT EXPORT POSSIBILITIES AND OF MARKET CONDITIONS IN THE COMMUNITY , IT IS APPROPRIATE THAT A REFUND BE GRANTED FOR CERTAIN VARIETIES OF THE 1978 CROP IN RESPECT OF THE COUNTRIES LISTED IN THE ANNEX HERETO ;
WHEREAS , APPLYING THE ABOVEMENTIONED RULES AND CRITERIA TO EXISTING CONDITIONS IN THE TOBACCO MARKET , AND IN PARTICULAR TO PRICES IN THE COMMUNITY AND ON THE WORLD MARKET , IT FOLLOWS THAT THE AMOUNT OF THE REFUND AND THE PRODUCTS AND COUNTRIES IN RESPECT OF WHICH IT SHOULD APPLY SHOULD BE AS SPECIFIED IN THE ANNEX HERETO ;
WHEREAS THE MANAGEMENT COMMITTEE FOR RAW TOBACCO HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE LIST OF VARIETIES OF BALED TOBACCO FROM THE 1978 CROP IN RESPECT OF WHICH THE EXPORT REFUND PROVIDED FOR IN ARTICLE 9 OF REGULATION ( EEC ) NO 727/70 SHALL BE GRANTED , AND THE AMOUNT OF SUCH REFUND AND THE THIRD COUNTRIES OF DESTINATION FOR WHICH IT SHALL APPLY , SHALL BE AS SHOWN IN THE ANNEX HERETO .
ARTICLE 2
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
IT SHALL APPLY UNTIL 31 MARCH 1980 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 23 MARCH 1979 .
FOR THE COMMISSION
FINN GUNDELACH
VICE-PRESIDENT
( 1 ) OJ NO L 94 , 28 . 4 . 1970 , P . 1 .
( 2 ) OJ NO L 39 , 17 . 2 . 1971 , P . 1 .
ANNEX
SERIAL NO*VARIETIES*AMOUNT OF REFUND ( U.A./KG ) *COUNTRIES OF DESTINATION*
1A*BADISCHER GEUDERTHEIMER*0,28*TO ALL THIRD COUNTRIES*
1B*FORCHHEIMER HAVANNA*0,28*TO ALL THIRD COUNTRIES*
2*BADISCHER BURLEY E*0,28*TO ALL THIRD COUNTRIES*
11A*BURLEY I*0,25*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*
11B*MARYLAND*0,25*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*
12*KENTUCKY*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*
14*BENEVENTANO*0,28*TO ALL THIRD COUNTRIES*
15*XANTI-YAKA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*
16*PERUSTITZA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*
17*ERZEGOVINA*0,28*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF GREECE , TURKEY AND YUGOSLAVIA*
18* ( A ) ROUND TIP*0,70*TO ALL THIRD COUNTRIES WITH THE EXCEPTION OF THE USA AND CANADA*
* ( B ) SCAFATI***
* ( C ) SUMATRA I