31973R0269

1 . 2 . 73 Official Journal of the European Communities No L 30/73

REGULATION (EEC) No 269/73 OF THE COMMISSION of 31 January 1973 laying down detailed rules for the application of the system of 'Accession' compensatory amounts

THE COMMISSION OF THE EUROPEAN Having regard to Council Regulation (EEC) No 233/ COMMUNITIES , 73 (8) of 31 January 1973 laying down general rules for the system of compensatory amounts for milk and milk products, and in particular Article 5 ( 1 ) Having regard to the Treaty concerning the Acces­ thereof ; sion of new Member States to the European Econo­ mic Community and the European Atomic Energy Having regard to Council Regulation (EEC ) No 181 / Community (*), signed at Brussels on 22 January 73 (9) of 23 January 1973 laying down general rules 1972 ; for the system of compensatory amounts for beef and veal, and in particular Article 14 ( 1 ) thereof ; Having regard to Council Regulation (EEC ) No 229 / 73 (2) of 31 January 1973 laying down general rules Having regard to Council Regulation ( EEC) No 185/ for the system of compensatory amounts for cereals, 73 ( 10) of 23 January 1973 laying down general rules and in particular Article 9 ( 1 ) thereof ; for the system of compensatory amounts applicable, by virtue of the various forms of added sugar, to products processed from fruit and vegetables^ and in Having regard to Council Regulation ( EEC ) No 234/ particular Article 5 ( 1 ) thereof ; 73 (3) of 31 January 1973 laying down general rules for the system of compensatory amounts for pig­ Having regard to Council Regulation (EEC) No 240/ meat, and in particular Article 8 ( 1 ) thereof ; 73 ( n ) of 31 January 1973 laying down general rules for the system of compensatory amounts for plaice, and in particular Article 11 ( 1 ) thereof ; Having regard to Council Regulation ( EEC) No 237/ 73 (4) of 31 January 1973 laying down general rules Having regard to Council Regulation (EEC) No 228/ for the system of compensatory amounts for eggs , 73 ( 12) of 31 January 1973 laying down general rules and in particular Article 9(1 ) thereof : for the system of compensatory amounts for fruit and vegetables , and in particular Article 9 thereof ; Having regard to Council Regulation (EEC) No 235 / 73 (5) of 31 January 1973 laying down general rules Having regard to Council Regulation ( EEC) No 232/ far (the system of compensatory amounts for poultry- 73 ( 13) of 31 January 1973 laying down detailed meat, and in particular Article 9 ( 1 ) thereof ; rules for the application of the system of compensa­ tory amounts to imports of goods covered by Regu­ lation (EEC) No 1059/69, and in particular Article 1 thereof ; Having regard to Council Regulation (EEC ) No 243/ 73 (6) of 31 January 1973 laying down general rules for the system of compensatory amounts for rice Whereas the Regulations laying down general rules and fixing these amounts for certain products, and for the system of compensatory amounts for the dif­ in particular Article 7 ( 1 ) (c ) thereof ; ferent products affected provide that the compensa­ tory amount levied by the importing Member States shall be that in force on the day of importation and Having regard to Council Regulation (EEC) No 241 /' that the compensatory amount granted by the ex­ 73 (7 ) of 31 January 1973 laying down general rules porting Member State shall be that in force on the for the system of compensatory amounts for sugar, day of exportation ; and in particular Article 4(1 ) thereof ; Whereas for the sake of uniformity the day of impor­ tation should be the day of importation for the pur­

(*) OJ No L 73, 27. 3 . 1972, p . 5 . (2) OJ No L 27, 1 . 2 . 1973 . ( H) OJ No L 28 , 1 . 2 . 1973 . (*) OJ No L 29, 1.2 . 1973 . (») OJ No I. 2.5 , 30 . 1 . 1973 , p . 9 . (*) OJ No L 29, 1 . 2 . 1973 . ( ,0) ÒJ No L 25 , 30. 1 . 1973, p. 19. (5) O I No L 29, 1.2 . 1973 . (») OJ No L 29, 1 . 2 . 1973 . ( 6) OJ No L 29, 1.2 . 1973 . ( ,s ) OJ No L 27, 1 . 2. 1973 . ( 7 ) OJ No L 29 , 1 . 2 . 1973 . ( ,s) OJ No L 28 , 1 . 2 . 1973 .

No L 30/ 74 Official Journal of the European Communities 1 . 2 . 73

poses of customs duties and levies and the day of Whereas the measures provided for in this Regula­ exportation should be the day of exportation for the tion are in accordance with the Opinion of the Man­ purposes of export refunds ; agement Committees for Cereals, for Pigmeat, for Poutrymeat and Eggs, for Sugar, for Milk and Milk Products, for Beef and Veal, for Fruit and Vege­ Whereas payment of the compensatory amount for a tables, for Products Processed from Fruit and Vege­ product should be conditional upon proof being fur­ tables, and for Fishery Products ; nished that the product has left the geographical ter­ ritory of the Community as originally constituted or of a new Member State, according to whether the customs export formalities were completed in the former or in the latter ; HAS ADOPTED THIS REGULATION :

Article 1 Whereas , when the compensatory amount granted by the consigner Member State is either higher than the refund on exports to third countries or corrected This Regulation lays down detailed rules for the ap­ for the amount of customs duties 'levied in the im­ plication of the system of compensatory amounts es­ porting Member State , it proves necessary to require tablished by Articles 47, 55 and 97 of the Act con­ proof that the product has been released for con­ cerning the conditions of Accession and the Adjust­ ments to the Treaties . sumption in the Member State of destination, in order both to avoid fraudulent practices and to grant an adequate compensatory amount ; Article 2

Whereas the arrangements provided for in this Regu­ 1 . The provisions relating to the granting of ex­ lation may be extended only to products in free cir­ port refunds and the collection of customs duties or culation within the Community ; whereas , more­ levies shall apply in trade with third countries . over, exported products which have qualified for a compensatory amount should be of such a quality 2 . Articles 3 to 11 shall apply in trade between that they can be marketed on normal terms ; the Member States .

Whereas, if compensatory amounts varying accord­ Article 3 ing to Member State and to place of despatch or des­ tination are applied, it is necessary to verify what For the purposes of this Regulation, except for Art­ compensatory amount has been applied to a given icle 6, the Community as originally constituted shall product ; whereas to that end special endorsements be considered to be a single Member State. on Community transit documents are essential ; ~

Article 4 Whereas to assist exporters in financing their opera­ tions the Member States should be authorized to 1 . For the purpose of fixing the compensatory pay, in advance, all or part of the compensatory amount to be granted , the day on which the customs amount as soon as customs export formalities are service accepts the document by which the declarant completed, provided that security, or a guarantee re­ states his intention to export a Community pro­ cognized as equivalent, is given to secure repayment duct to another Member State and qualify for a of that advance should it later transpire that the re­ compensatory amount shall be treated as the day of fund should not have been paid ; exportation . At the time of acceptance thereof the products shall be placed under customs control until they leave the territory of the exporting Member Whereas if, where use has been made of the above State . facility , it is later found that the compensatory amount has not been paid , exporters will have re­ For the purposes of this Regulation , acceptance of ceived free credit to which they were not entitled ; the document referred to in the preceding subpara­ whereas , therefore, measures should be taken , except graph shall be considered as constituting completion in cases of force majeure , to prevent the receipt of of the customs export formalities . credit in this way ,

The date of the day on which the customs export Whereas, for administrative reasons , applications for formalities are completed shall be the operative date payment of the compensatory amount should be re­ for determing quantity , nature and characteristics of quired to be made within a reasonable time limit ; the product exported .

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2. For the purpose of fixing the compensatory ' sortie du territoire géographique de la Commu­ amount to be levied, the day by reference to which nauté dans sa composition originaire' ; the customs duties and levies are ascertained shall be treated as the day of importation . ' Uscita dal territorio geografico della Comunità nella sua composizione originaria' ; Article 5 'heeft het geografische grondgebied van de oor­ spronkelijke Gemeenschap verlaten '. 1 . The compensatory amount shall be paid only upon proof that the product in respect of which cus­ toms export formalities have been completed has left Article 7 the geographical territory of the Member State in which the formalities were completed. 1 . No compensatory amount shall be granted or levied in respect of products which are not in free 2. However, where the compensatory amount is circulation within the Community. adjusted for the amount of customs duties, or where it is higher than the lowest export refund applicable Where, in respect of trade in composite products or to the product in question on the day of exporta­ goods, a compensatory amount is fixed for one or tion, or where the compensatory amount is applic­ more of the components thereof, the compensatory able for a product for which no refund is fixed, it amount shall apply to that or those components as shall be paid only upon proof that, further import and when the latter comply with the condition of formalities have been completed and duties and the preceding subparagraph. taxes of equivalent effect payable in the Member State of destination have been collected . 2. No compensatory amount shall be granted in respect of products which are not of fair and sound The proof required under the preceding subpara­ merchantable quality and, in the case of products in­ graph shall be furnished by production of the cus­ tended for human consumption, if their use for that toms document drawn up in the country of destina­ purpose is precluded or substantially diminished be­ tion, or of a copy thereof, or of a photocopy certified cause of their characteristics or condition . as a true copy by the competent services. That docu­ ment must state, where appropriate, the amount of customs duties which have been collected . Article 8

Article 6 1 . In intra-Community trade in products for which a compensatory amount is fixed, Section 32 of Where a product dispatched from a Member State of the applicable Community transit document shall •the Community as originally constituted to a new contain one of the following endorsements : Member State crosses territories of the Community as originally constituted other than that of the said ' Accession ' compensatory amount (Member State consigner Member State, the proof required under of dispatch/Member State of destination ) ; Article 5 ( 1 ) shall be furnished by production of the control copy provided for in Article 1 of Regulation udligningsbeløb 'tiltrædelse' (Afsendelsesmedlems­ (EEC) No 2315 /69 . For the purposes of Regulation stat/Bestemmelsesmedlemsstat) ; ( EEC ) No 2315 / 69 , the office of exit from the Com­ munity as originally constituted shall be considered Ausgleichsbetrag 'Beitritt' ( Abgangsmitgliedstaat/ to be the competent customs office of the Member Bestimmungsmitgliedstaat ) ; State of destination .

Montant compensatoire ' adhésion' ( État membre Special endorsements shall be made in the following de départ/État membre de destination ; section of the control copy : importo compensativo 'adesione' (stato membro di — Sections 101 and 103 : partenza/stato membro di destinazione ) ;

— Section 104, deleting what does not apply and compenserend bedrag ' toetreding' ( lid-staat van ver­ inserting one of the following : trek/lid-staat van bestemming).

' Ausgang aus dem geographischen Hoheitsgebiet Where movement of goods certificate DD3 is used, der Gemeinschaft in ihrer ursprünglichen Zusam­ one of the above endorsements shall be entered on mensetzung' ; p. 2 of the certificate .

No L 30 / 76 Official Journal of the European Communities 1 . 2 . 73

The customs office where export formalities are com­ However where Article 5 ( 2) is applied, the products pleted shall ensure that this paragraph is observed . shall be considered as coming from the Member State of dispatch . 2 . Where, for products for which a compensatory Article 9 amount is fixed, a new document is used in place of the Community transit document applicable, section Member States may pay the exporter in advance all 32 of the new document shall contain the same en­ or part of the compensatory amount as soon as the dorsement as the original document. customs export formalities are completed, provided that security, or a guarantee recongnized as equi­ 3 . Where Commission Regulation ( EEC ) No 304/71 valent, is given to secure repayment of that advance of 11 February 1971 on simplification of the Com­ plus 10 °/o thereof where the proof provided for in munity transit procedure for goods carried by rail is Article 5 is not furnished within the time limit pres­ applied to the carriage of the products in question cribed by Article 11 and that the product left the the endorsement provided for in paragraphs 1 and 2 geographical territory of the exporting Member shall be made under 'description of goods' on the State within 45 days from the day on which it was International Consignment Note ( CIM) or, as the exported . case may be, on the 'International Express Parcels' Consignment Note TIEx). This endorsement shall be Article 10 authenticated by the stamp of the customs office of departure . The compensatory amount to be granted shall be paid only on written request from the person con­ cerned . The Member States may draw up a special 4. Pro-ducts introduced into a Member State other form therefor . than that indicated as the Member State of destina­ tion on the Transit documents specified in para­ Article 11 graphs 1 and 3 shall be considered : Supporting evidence for payment of the compensa­ — As coming from the Member State of dispatch if tory amount shall , except in case of force majeure, the endorsements made pursuant to paragraph 1 be supplied within six months from completion of show that the compensatory amount should be the customs export formalities . levied by the Member State indicated as the Member State of destination ; Article 12 — As coming from the Member State of destina­ This Regulation shall enter into force on the day fol­ tion if the endorsements made pursuant to para­ lowing its publication in the Official Journal of the graph 1 show that the compensatory amount European Communities . should have been granted by the Member State of dispatch . It shall apply from 1 February 1973 .

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

Done at Brussels, 31 January 1973 . For the Commission

The President Francois-Xavier ORTOLI