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COMMISSION REGULATION ( EEC ) NO 3186/76

OF 22 DECEMBER 1976

AMENDING REGULATION ( EEC ) NO 192/75 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1143/76 ( 2 ) , AND IN PARTICULAR ARTICLES 12 ( 2 ) , 15 ( 5 ) AND 16 ( 6 ) THEREOF , AND ALSO THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF MARKETS IN AGRICULTURAL PRODUCTS ,

WHEREAS REFUNDS ARE GRANTED FOR PRODUCTS HAVING SPECIFIC CHARACTERISTICS ; WHEREAS THOSE CHARACTERISTICS MUST BE INDICATED IN DETAIL ON THE DOCUMENT USED WHEN THE PRODUCTS ARE EXPORTED ;

WHEREAS IT IS NECESSARY TO CLARIFY CERTAIN PROVISIONS OF ARTICLES 6 AND 11 OF REGULATION ( EEC ) NO 192/75 ( 3 ) , AS AMENDED BY REGULATION ( EEC ) NO 2818/75 ( 4 ) , AND TO ADAPT THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 2 ) OF THE SAID REGULATION FOLLOWING AN AMENDMENT BY COUNCIL REGULATION ( EEC ) NO 1489/76 OF 22 JUNE 1976 ( 5 ) TO ARTICLE 15 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 766/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON SUGAR ( 6 ) ;

WHEREAS NO EXPORT LEVY APPLIES WHERE AN EXPORT REFUND HAS BEEN FIXED IN ADVANCE OR DETERMINED BY TENDER , SINCE EXPORTATION MUST BE EFFECTED UNDER THE CONDITIONS FIXED IN ADVANCE OR DETERMINED BY TENDER ; WHEREAS , SIMILARLY , IT SHOULD BE LAID DOWN THAT WHERE AN EXPORT LEVY HAS BEEN FIXED IN ADVANCE OR DETERMINED BY TENDER , EXPORTATION MUST BE EFFECTED UNDER THE CONDITIONS LAID DOWN AND THEREFORE CANNOT QUALIFY FOR AN EXPORT REFUND ;

WHEREAS EXPERIENCE HAS SHOWN THAT ON CERTAIN VESSELS PRODUCTS ARE SOLD ON BOARD AT REDUCED PRICES AS A RESULT OF THE GRANTING OF REFUNDS , WITH A VIEW TO THEIR BEING REINTRODUCED INTO THE COMMUNITY FREE OF LEVIES AND OTHER AMOUNTS APPLICABLE TO IMPORTS , PURSUANT TO COUNCIL REGULATION ( EEC ) NO 1818/75 OF 10 JULY 1975 ON THE AGRICULTURAL LEVIES , COMPENSATORY AMOUNTS AND OTHER IMPORT CHARGES APPLICABLE TO AGRICULTURAL PRODUCTS AND TO CERTAIN GOODS RESULTING FROM THEIR PROCESSING , CONTAINED IN TRAVELLER'S PERSONAL BAGGAGE ( 7 ) ; WHEREAS SUCH PRACTICES RUN CONTRARY TO THE PURPOSE OF THE SYSTEM OF EXPORT REFUNDS AND CREATE DEFLECTIONS OF TRADE ; WHEREAS THIS SITUATION SHOULD BE REMEDIED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

A PARAGRAPH 4 AS FOLLOWS IS ADDED TO ARTICLE 2 OF REGULATION ( EEC ) NO 192/75 :

" 4 . THE DOCUMENT USED ON THE COMPLETION OF CUSTOMS EXPORT FORMALITIES IN ORDER FOR PRODUCTS TO QUALIFY FOR A REFUND MUST INCLUDE :

- A DESCRIPTION OF THE PRODUCTS IN ACCORDANCE WITH THE NOMENCLATURE USED FOR REFUNDS ,

- THE NET WEIGHT OF THE PRODUCTS OR , WHERE APPLICABLE , THE UNIT OF MEASUREMENT TO BE TAKEN INTO ACCOUNT IN CALCULATING THE REFUND , AND

- IN SO FAR AS IS NECESSARY FOR CALCULATING THE REFUND , PARTICULARS OF THE COMPOSITION OF THE PRODUCTS OR THE RELEVANT REFERENCE . "

ARTICLE 2

THE LAST SUBPARAGRAPH OF ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 192/75 IS AMENDED TO READ AS FOLLOWS :

" IN SUCH CASES THE PROVISIONS OF THE SECOND , THIRD , FOURTH AND FIFTH SUBPARAGRAPHS OF ARTICLE 11 ( 1 ) SHALL APPLY . "

ARTICLE 3

PARAGRAPHS 3 AND 4 AS FOLLOWS ARE ADDED TO ARTICLE 8 OF REGULATION ( EEC ) NO 192/75 :

" 3 . NO REFUND SHALL BE GRANTED ON EXPORTS SUBJECT TO AN EXPORT LEVY OR OTHER EXPORT CHARGES FIXED IN ADVANCE OR DETERMINED BY TENDER .

WHERE , IN THE CASE OF A COMPOUND PRODUCT , AN EXPORT LEVY OR OTHER EXPORT CHARGE IS FIXED IN ADVANCE ON THE BASIS OF ONE OR MORE OF THE COMPONENTS OF THE PRODUCT , THE PRECEDING SUBPARAGRAPH SHALL APPLY ONLY TO THE COMPONENT OR COMPONENTS IN QUESTION .

4 . NO REFUND SHALL BE GRANTED ON PRODUCTS SOLD OR DISTRIBUTED ON BOARD SHIP WHICH ARE LIABLE TO BE SUBSEQUENTLY REINTRODUCED INTO THE COMMUNITY FREE OF LEVIES UNDER REGULATION ( EEC ) NO 1818/75 . "

ARTICLE 4

THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 2 ) OF REGULATION ( EEC ) NO 192/75 IS AMENDED TO READ AS FOLLOWS :

" FOR THE PURPOSES OF ARTICLE 15 ( 1 ) OF REGULATION ( EEC ) NO 766/68 , THE EXPORTER SHALL BE REQUIRED TO DECLARE THAT THE SUGAR FULFILS ONE OF THE CONDITIONS LAID DOWN IN THAT REGULATION AND TO SPECIFY THE CONDITION IN QUESTION . "

ARTICLE 5

THE LAST SUBPARAGRAPH OF ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) NO 192/75 IS AMENDED TO READ AS FOLLOWS :

" THE PROVISIONS OF THE PRECEDING SUBPARAGRAPH SHALL APPLY ONLY WHERE FOR A GIVEN PRODUCT A REFUND HAS BEEN FIXED IN RESPECT OF ALL DESTINATIONS :

- IN THE CASES SPECIFIED IN ( A ) , ON THE DAY ON WHICH CUSTOMS EXPORT FORMALITIES WERE COMPLETED ,

- IN THE CASES SPECIFIED IN ( B ) , ON THE DAY ON WHICH THE APPLICATION FOR AN EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE WAS LODGED ,

- IN THE CASES SPECIFIED IN ( C ) , ON THE DAY ON WHICH CUSTOMS EXPORT FORMALITIES WERE COMPLETED OR ON THE DAY ON WHICH THE APPLICATION FOR AN EXPORT LICENCE OR ADVANCE FIXING CERTIFICATE WAS LODGED . "

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 15 JANUARY 1977 .

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

DONE AT BRUSSELS , 22 DECEMBER 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 130 , 19 . 5 . 1976 , P . 1 .

( 3 ) OJ NO L 25 , 31 . 1 . 1975 , P . 1 .

( 4 ) OJ NO L 280 , 31 . 10 . 1975 , P . 31 .

( 5 ) OJ NO L 167 , 26 . 6 . 1976 , P . 13 .

( 6 ) OJ NO L 143 , 25 . 6 . 1968 , P . 6 .

( 7 ) OJ NO L 185 , 16 . 7 . 1975 , P . 3 .