31972R1076

470 Official Journal of the European Communities

No L 1.21 / 22 ' Official Journal of the European Communities 26.5.72

REGULATION (EEC) No 1076/ 72 OF THE COMMISSION of 25 May 1972

laying down detailed rules for applying export levies on sugar and amending Regulation (EEC) No 2637/70

THE COMMISSION OF THE EUROPEAN COM­ Whereas the day of export for the purposes of MUNITIES , Article 1 ( 1 ) of Regulation (EEC) No 607/72 must be specified ; whereas that day must be the day of Having regard to the Treaty establishing the completion of the customs formalities referred to in European Economic Community; Article 8 of Commission Regulation (EEC) No 1.373 /705 of 10 July 1970 on common detailed rules for the application of the system of import and Having regard to Council , Regulation No 1009/ 67/EEC 1 of 18 December 1967 on the common export licences and advance fixing certificates for organization of the market in sugar, as last amended agricultural products subject to a single price system , by Regulation (EEC) No 607/72,2 and in particular as last amended by Regulation (EEC) No 2849/71° ; Articles 11 ( 2), 16 (5 ) and 17 (4) thereof; Whereas , as regards the issuing of export licences, rules similar to those existing in respect of sugar Whereas Article 16 of . Regulation No 1009 / exported with a refund fixed by tender should be laid 67/EEC provides for the charging of an export down in respect of sugar subject to a special export levy or, if appropriate, of a special export levy, under levy fixed by a tender; whereas Article 30 of certain conditions and whereas Council Regulation Commission Regulation (EEC) No 2637/707 of 23 ( EEC) No 608 /723 of 23 March 1972 laid down rules December 1970 on special detailed rules for the to be applied in the event of considerable price rises application of the system of import and export occurring on the world sugar market ; whereas certain licences and advance fixing certificates for detailed rules must be adopted for the application of agricultural products, as last amended by Regulation these provisions ; ( EEC) No 715 /72,8 should be amended to this effect; whereas in addition Articles 31 and 33 of Regulation Whereas it is reasonable to exempt from these (EEC) No 2637/70 should be amplified ; export levies sugar benefiting from an export refund fixed in advance before these provisions became Whereas, as regards the other detailed rules for applicable ; whereas this exemption should be applying export levies, recourse should be had to the extended to cover all white or raw sugar in respect provisions laid down in Commission Regulation of which an export refund was fixed by tender (EEC) No 1279/719 of 17 June 1971 on the use of before the date of application of these levies ; Community transit documents for the purpose of applying certain measures on the exportation of Whereas , in cases where the yield of raw sugar certain goods, as last amended by Regulation (EEC) differs from that of standard quality raw sugar, the No 2766/71 10 ; same adjustment coefficient must be applied as that used for imports in accordance with Council Whereas the measures provided for in this Regulation (EEC) No 431 /684 of 9 April 1968 Regulation are in accordance with the Opinion of the determining the standard quality for raw sugar and Management Committee for Sugar; fixing the Community frontier crossing point for calculating c.i.f. prices for sugar ;

5 OJ No L 158 , 20.7.1970 , p . 1 . « OJ No L 286, 30.12.1971 , p . 24. 1 OJ No 308 , 18.12.1967, p . 1 . 7 OJ No L 283 , 29.12.1970, p . 15 .. 2 OJ No L 75 , 28.3.1972, p . 4 . 8 OJ No L 84, 8.4.1972, p . 8 . OJ No L 75 , 28.3.1972, p . 5 . 9 OJ No L 133 , 19.6.1971 , p . 32 . 4 OJ No L 89 , 10.4.1968 , p . 3 . 10 OJ No L 283 , 24.12.1971 , p . 33 .

Official Journal of the European Communities 471

HAS ADOPTED THIS REGULATION : 2. The levies shall be collected by the Member State on whose territory the formalities referred to in Article 1 paragraph 1 are completed . They shall be payable at the latest at the time of completion of those formalities . 1 . Where the export levy or the special export levy referred to in Article 16 ( 1] of Regulation No 1009/67/EEC is applicable, it shall be charged on all Article 4 exports from the Community of the products listed in the Annex and satisfying the conditions laid down in Where the customs document indicates that a Articles 9 (2) and 10 ( 1 ) of the Treaty. product shown in the Annex and circulating between two points in the Community will, in the course of 2. These levies shall also be charged on products transport, leave Community territory otherwise than shown in the Annex which, by reason of the customs .by air, the sender must lodge a deposit of an amount regulations regarding their packaging or by reason of equal to the levy which would be collected if that their incorporation in or addition to one of the product were exported from the Community. products shown in the Annex which does not enjoy free circulation in the Community, do not satisfy the conditions laid down in Articles 9 (2) and 10 ( 1 ) of Article 5 the Treaty . Where the levies referred to in Article 1 ( 1) are 3 . The levies referred to in paragraph 1 shall not applicable) the products shown in the Annex shall be however be charged on white sugar or raw sugar in moved within the Community under the conditions respect of which, before the date on which they laid down by Regulation (EEC) No 1279/71 . In the become applicable : cases referred to in Article 5a of that Regulation, the day on which the formalities required for dispatch of ( a) an export refund has been awarded by tender, or the products are completed shall be considered as ( b ) an export licence with advance fixing of the rate being the day of completion of the customs of the refund has been applied for, irrespective of formalities referred to in Article 3 of this Regulation . the date of issue of that licence .

Article 6 4 . Where the refund has not been fixed in advance in respect of the export licence concerned, any person concerned may withdraw an application for such a The following shall be substituted for Article 30 of licence or have the licence cancelled, if it was applied Regulation (EEC) No 2637/70 : for or issued before the date on which the levies 'Article 30 referred to in paragraph 1 became applicable. In such a case the deposit shall be released immediately. 1 . If the refund or, where appropriate, the special export levy, is fixed within the framework of a tendering procedure held in the Community, Article 2 the application for an export licence shall be lodged with the competent authority of the If the yield of the raw sugar exported, determined in Member State in which the notice of award of accordance with Article 1 of Regulation (EEC) No contract was issued . 431 /68 , differs from the yield fixed for the standard quality, the levy to be charged per 100 kg of that raw 2 . Section 12 of the licence application and of sugar shall be calculated by multiplying the relevant the licence shall contain one of the following export levy on raw sugar of standard quality by an endorsements : adjustment coefficient. The adjustment coefficient shall be obtained by dividing the percentage of the ( a) 'Règlement d'adjudication n0 (JO n° yield of raw sugar exported by 92. du )' 'délai de présentation des offres expirant le 3 Article 3 (b) 'Ausschreibungs-Verordnung Nr ( ABl . Nr vom )' 1 . Save in cases where the special export levy is 'Ablauf der Angebotsfrist am . . . .' determined by invitation to tender, the levies referred to in Article 1 shall be those applicable on the day on (c) 'Regolamento di gara n (GU n del which the customs formalities referred to in the )' ' second subparagraph of Article 8 (2) (b) of 'Il termine di presentazione delle offerte scade Regulation (EEC) No 1373 /70 are completed . il '

472 Official Journal of the European Communities

(d ) 'Verordening m.b.t. inschrijving nr (PB Article 7 nr van ' Indieningstermijn aanbiedingen eindigt op The following shall be substituted for the endorsement shown in the second subparagraph of (Tendering Regulation No . . . .( OJ No . . . . Article 31 of Regulation (EEC) No 2637/70 to be of )) inserted in Section 18 of the export licence : ( Final date for submission of tenders ) 'a exporter sans restitution , ni prélèvement',

3 . The export licence shall be issued for the 'ohne Erstattung und ohne Abschöpfung auszu­ quantity entered on the relevant notice of führen ', award of contract. ' da esportare senza restituzione ne prelievo',

Section 18 shall specify the rate of the refund or, 'zonder restitutie of heffing uit te voeren '. where appropriate, of the export levy mentioned in the notice of award . That rate shall be ( for export without refund or levy) expressed in the currency of the Member State issuing the licence and the endorsement shall be worded as follows :

Article8¶

'gültiger Erstattungssatz The wording at the beginning of Article 33 ( 1 ) ( a ) ' tasso di restituzione applicabile ' and ( c) and 2 (a) and ( c) of Regulation ( EEC) No 2637 / 70 shall be amended as follows : ' toe te passen restitutie ( rate of refund applicable '.) 1 ( a) 'for import or export licences without or, where appropriate, advance fixing of the import or export levy or of the refund ;'; ' taux du prélèvement à l'exportation appli­ cable ' 1 ( c) 'for export licences with advance fixing of 'gültiger Satz der Ausfuhrabschöpfung ' the refund or with a special levy fixed within the framework of a tendering 'tasso del prelievo all'esportazione applicabile . procedure held in the Community :'; ' toe te passen heffing bij uitvoer ' 2 ( a) 'for import or export licences without ( rate of export refund applicable ) advance fixing of the import or export levy or of the refund, the amount shown in paragraph 1. ( a )'; 4. For the purposes of Article 1 (3 )" of Regulation (EEC) No 1076/72, Section 18 of the 2 ( c) ' for export licences for products falling export licence shall also contain one of the within headings Nos 17.01 and 17.03 of following endorsements : the Common Customs Tariff with advance fixing of the refund or, where appropriate, with a special levy fixed within the 'prélèvement à l'exportation non applicable', framework of a tendering procedure held in the Community, the amount shown in 'Ausfuhrabschôpfung nicht anzuwenden', 1 (a ) plus the difference between :'. 'prelievo all'esportazione non applicabile',

' uitvoerrestitutie niet van toepassing'. (export levy not applicable) Article 9

5 . Where this Article applies recourse may not This Regulation shall enter into force on the third be had to the provisions of Article 17 of day following its publication in the Official Journal Regulation (EEC) No 1373 /70. of the European Communities.

Official Journal of the European Communities 473

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 25 May 1972 .

For the Commission

The President

S. L. MANSHOLT

ANNEX

CCT heading Description of goods No

17.01 Beet and cane sugar, solid :

A. Denatured : I. White sugar II. Raw sugar

B. Not denatured : I. "White sugar ex II . Raw sugar, excluding candy sügar