31973R0469

26. 2. 73 Official Journal of the European Communities No L 53 /49

REGULATION (EEC) No 469/73 OF THE COMMISSION of 31 January 1973 on transitional measures to be taken in view of Accession with regard to provisions for implementing the systems of import levies, export refunds, export licences and advance fixing certificates

THE COMMISSION OF THE EUROPEAN 1 February 1973 , will have undergone customs COMMUNITIES , formalities for exportation or will have been placed under one of the systems referred to in Articles 2 and 3 of Regulation No 441 /69 ( 3) of 4 March 1969 laying Having regard to the Treaty establishing the European down additional general rules for granting export Economic Community ; refunds on products subject to a single price system, exported unprocessed or in the form of certain Having regard to the Treaty ( 1) concerning the Acces­ goods not covered by Annex II to the Treaty, as last sion of new Member States to the European Eco­ amended by Regulation (EEC) No 1181 /72 ( 4), but nomic Community and the European Atomic Energy will not have been imported by that date into a new Community, signed at Brussels on 22 January 1972 , Member State ; whereas provision should be made and in particular Article 63 ( 1 ) of the Act (2) annexed for products exported from the Community as thereto ; originally constituted to a new Member State to be subject in the new Member State to the levy applicable Whereas it follows from the Act concerning the Con­ to products imported from third countries where the ditions of Accession and the Adjustments to the export refund has been paid in respect of these products Treaties that, as from 1 February 1973 , it will no longer in the Member State of departure ; whereas provision be possible to use import licences, export licences, and should be made for similar measures for products advance fixing certificates in trade in agricultural pro­ exported , under the same conditions , from one new ducts between the Community as originally constituted Member State to another new Member State or to and the new Member States ; the Community as originally constituted ;

Whereas the notice published by the Commission in Whereas the measures provided for in this Regulation the Official Journal of the European Communities of are in accordance with the Opinion of the Management 15 July 1972 (No C 77) draws the atention of importers Committees for Cereals, for Poultrymeat and Eggs, and exporters to the consequences of the Act concer­ for Oils and Fats , for Sugar, for Milk and Milk ning the conditions of Accession and the Adjustments Products , for Beef and Veal, and for Products processed to the Treaties as regards the use of the afore­ from Fruit and Vegetables ; mentioned licences and certificates ;

Whereas it is possible, however, that importers and exporters may, before this notice was brought to HAS ADOPTED THIS REGULATION : their attention, have applied in good faith for licences and certificates for effecting exports to the new Article 1 Member States after 31 January 1973 ; whereas , to avoid difficulties , transitional measures should be taken to enable these exports to be effected under the Export licences involving advance fixing of the refund conditions laid down by the advance fixing ; and advance fixing certificates issued within the meaning of Article 8 ( 1 ) of Regulation (EEC) No Whereas the provisions of the Act concerning the 1373/70 before 18 July 1972 and bearing an expiry Conditions of Accession and the Adjustments to the date later than 31 January 1973 may be used in the Treaties apply to agricultural products only from 1 Community as originally constituted to effect exports February 1973 ; whereas the existing provisions on to the new Member States up to their date of expiry, the systems of levies , refunds , export licences and which may not, however, be later than 30 June 1973 . advance fixing certificates should be adjusted to take Exports effected in accordance with the provisions account of the situation of products which , before of the first subparagraph shall enjoy the advantages

O OJ No L 73 , 27. 3 . 1972, p. 5 . (3) OJ No L 59, 10. 3 . 1969, p. 3 . (2) OJ No L 73 , 27. 3 . 1972, p. 14. (4) OJ No L 130, 7. 6. 1972, p. 15 .

No L 53 /50 Official Journal of the European Communities 26 . 2 . 73

conferred by licences and certificates and shall be copy referred to in Article 1 of Regulation (EEC) subject on importation into the new Member States No 2315/69 ; to arrangements applicable to products imported from third countries . — on importation into the new Member States, to the arrangements applicable to products imported from third countries . Article 2 Products for which the customs formalities for Article 3 exportation referred to in Article 1 of Regulation No 1041/67/EEC have been completed or which have The provisions of Article 2 shall apply by analogy been placed under one of the systems referred to in to products exported from one new Member State Articles 2 and 3 of Regulation (EEC) No 441/69 not to another new Member State or to the Community later than 31 January 1973 in the Community as as originally constituted . originally constituted and which are imported into the new Member States after this date, shall be Article 4 subject : — to the provisions applicable up to 31 January This Regulation shall enter into force on the day 1973 as regards the system of refunds and, where of its publication in the Official Journal of the European Communities . appropriate, of export licences and advance fixing certificates, including those provisions relating to the use in this connection of the control It shall be applicable 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

Francios-Xavier ORTOLI