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( 1 ) OJ NO 117 , 19 . 6 . 1967 , P . 2269/67 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 73 , 27 . 3 . 1972 , P . 5 .

( 4 ) OJ NO 125 , 26 . 6 . 1967 , P . 2456/67 .

REGULATION ( EEC ) NO 971/73 OF THE COMMISSION OF 9 APRIL 1973 ON THE ADVANCE FIXING OF THE LEVY ON WHEAT AND MESLIN FLOUR

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION NO 120/67/EEC ( 1 ) OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , AS LAST AMENDED BY THE ACT ( 2 ) ANNEXED TO THE TREATY ( 3 ) CONCERNING THE ACCESSION OF NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 15 ( 3 ) THEREOF ;

WHEREAS , PURSUANT TO ARTICLE 15 ( 3 ) OF REGULATION NO 120/67/EEC , THE PRODUCTS LISTED IN ARTICLE 1 ( C ) AND ( D ) OF THAT REGULATION MAY BE MADE SUBJECT , IN WHOLE OR IN PART , TO PROVISIONS FOR THE ADVANCE FIXING OF THE LEVY ; WHEREAS WORLD MARKET PRICES HAVE FLUCTUATED SO MUCH RECENTLY THAT IT HAS BEEN PARTICULARLY DIFFICULT TO CONCLUDE LONG-TERM CONTRACTS IN ACCORDANCE WITH THE REQUIREMENTS AND CUSTOMARY PRACTICES OF THE INTERNATIONAL WHEAT AND MESLIN FLOUR TRADE ; WHEREAS , TO PERMIT THE IMPORTATION INTO THE COMMUNITY OF CERTAIN SPECIAL FLOURS DESPITE THESE CIRCUMSTANCES , ADVANCE FIXING OF THE LEVY SHOULD BE EXTENDED TO WHEAT AND MESLIN FLOUR ;

WHEREAS , WHEN THE LEVY IS FIXED IN ADVANCE , A PREMIUM SHOULD BE CHARGED TO ENSURE THAT IMPORTED FLOUR DOES NOT , WHEN REACHING THE COMMUNITY MARKET , JEOPARDIZE THE EQUILIBRIUM OF THE MARKET ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE LEVY APPLICABLE TO THE PRODUCT FALLING WITHIN SUBHEADING NO 11.01 A AND SPECIFIED IN ARTICLE 1 ( C ) OF REGULATION NO 120/67/EEC SHALL , UPON REQUEST FROM THE PERSON CONCERNED , MADE WHEN APPLYING FOR THE IMPORT LICENCE , BE FIXED IN ADVANCE FOR AN IMPORTATION TO BE MADE WITHIN THE PERIOD OF VALIDITY OF SUCH LICENCE .

IN SUCH CASE THE AMOUNT OF THE LEVY SHALL BE EQUAL TO THAT APPLICABLE ON THE DATE OF APPLICATION FOR THE IMPORT LICENCE , ADJUSTED IN LINE WITH THE THRESHOLD PRICE APPLICABLE IN THE MONTH OF IMPORTATION AND , WHERE APPROPRIATE , ADJUSTED BY A PREMIUM TO BE FIXED AT THE SAME TIME AS THE LEVY .

SUCH PREMIUM SHALL , PER METRIC TON OF THE PRODUCT FALLING WITHIN SUBHEADING NO 11.01 A , BE EQUAL TO THE PREMIUM APPLICABLE UNDER ARTICLE 15 OF REGULATION NO 120/67/EEC AND UNDER REGULATION NO 140/67/EEC ( 4 ) AND SHALL BE CALCULATED ON THE SCALE APPLICABLE , ON THE DAY OF THE APPLICATION FOR AN IMPORT LICENCE , TO THE BASIC PRODUCT , ACCOUNT BEING TAKEN OF THE QUANTITY OF THE BASIC CEREAL REQUIRED FOR THE PRODUCTION OF ONE METRIC TON OF FLOUR .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 9 APRIL 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI