Council Regulation (EC) No 1234/2007 (repealed)Show full title

Article 164 Export refund fixation

1. Export refunds shall be the same for the whole Community. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

2. Refunds shall be fixed by the Commission.

Refunds may be fixed:

(a) at regular intervals;

(b) by invitation to tender for products in respect of which provision was made for that procedure before the date of application of this Regulation in accordance with Article 204(2).

Except where fixed by tender, the list of products on which an export refund is granted and the amount of export refunds shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission, without the assistance of the Committee referred to in Article 195(1), either at the request of a Member State or on its own initiative.

3. One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed:

(a) the existing situation and the future trend with regard to:

• (a) prices and availabilities of that product on the Community market,

• prices for that product on the world market.

(b) the aims of the common market organisation which are to ensure equilibrium and the natural development of prices and trade on this market;

(c) the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Community market;

(d) the economic aspect of the proposed exports;

(e) the limits resulting from agreements concluded in accordance with Article 300 of the Treaty;

(f) the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries, and the use of third-country products brought in under processing arrangements;

(g) the most favourable marketing costs and transport costs from Community markets to Community ports or other places of export together with forwarding costs to the countries of destination;

(h) demand on the Community market;

(i) in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Community and prices on the world market for the quantity of feed grain input required for the production in the Community of the products of those sectors.

4. A corrective amount applicable to the export refunds may be set by the Commission in respect of the cereals and rice sectors. However, where necessary, the Commission, without the assistance of the Committee referred to in Article 195(1), may amend the corrective amounts.

The first subparagraph may also be applied to products that are exported in the form of goods listed in Annex XX.