31973R2182

10 . 8 . 73 Official Journal of the European Communities No L 222/ 19

REGULATION (EEC) No 2182/73 OF THE COMMISSION of 8 August 1973 laying down detailed rules for the application of export levies in the event of the cereals market being disturbed and amending Regulation (EEC) No 2637/70

THE COMMISSION OF THE EUROPEAN starches ; whereas Articles 16 and 19a of Commission COMMUNITIES, Regulation (EEC) No 2637/70 (6) of 23 December 1970 on special detailed rules for the application of Having regard to the Treaty establishing the European the system of import and export licences and advance Economic Community ; fixing certificates for agricultural products, as last amended by Regulation (EEC) No 1940/73 (7), should be amended accordingly ; Having regard to Council Regulation No 120/ 67/EEC (l), of 13 June 1967 on the common organiza­ Whereas, as regards the other detailed rules for the tion of the market in cereals, as last amended by Regu­ application of export levies, recourse should be had to lation (EEC) No 1346/73 (2), and in particular Article the provisions of Commission Regulation (EEC) No 12(2), Article 15(5) and Article 16(6) thereof ; 1279/71 (8) of 17 June 1971 on the use of Community transit documents for the purpose of applying certain Having regard to Council Regulation (EEC) No measures on the exportation of certain goods, as last 1968 /73 (3) of 19 July 1973 laying down general rules amended by Regulation (EEC) No 2766/71 (9) ; to be applied in the event of the cereals market being disturbed, and in particular Article 4(1 ) thereof ; Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by Whereas the first indent of Article 2(1 ) of Regulation its Chairman ; (EEC) No 1968/73 provides for the possibility of intro­ ducing an export levy which may be fixed by a tendering procedure ; whereas furthermore, under subparagraph (2) of Article 3 (4) of that Regulation, HAS ADOPTED THIS REGULATION : interested parties may apply to have the levy fixed in advance ; whereas detailed rules for the application of these provisions must be laid down ; Article 1

Whereas it would be equitable to exempt from the This Regulation lays down detailed rules for the appli­ export levy products in respect of which an export cation of the export levy referred to in the first indent licence involving advance fixing of the refund has of Article 2(1 ) of Regulation (EEC) No 1968/73 . been issued ;

Article 2 Whereas the day of exportation within the meaning of Article 3 (4) of Regulation (EEC) No 1968 /73 must be defined ; whereas it would be appropriate to select the 1 . The export levy shall be charged on all exports day on which the customs formalities referred to outside the Community of products corresponding to under (b) of the second subparagraph of Article 8 (2) one or other of the descriptions contained in Article of Commission Regulation ( EEC) No 1373 /70 (4 ) of 9 (2) of the Treaty. 10 July 1970 on common detailed rules for the appli­ cation of the system of import and export licences 2. The export levy shall also be charged on and advance fixing certificates for agricultural products which, by reason of the customs status of products subject to a single price system, as last their packaging or by reason of the fact that they have amended by Regulation ( EEC) No 1796/73 (5), are been incorporated in or added to one or more completed ; products not in free circulation, do not correspond to one or other of the descriptions conatained in Article Whereas the rules applicable to the issue of export 9 (2) of the Treaty. licences for products subject to an export levy fixed either in advance or by a tendering procedure should 3 . No export levy shall be charged on exports be analogous to those now applying to sugar and covered by export licences involving advance fixing of the refund . C ) OJ No 117, 19 . 6 . 1967, p . 2269 / 67 . (2 ) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (<=) OJ No L 283, 29 . 12. 1970, p. 15. (3 ) OJ No L 201 , 21 . 7 . 1973 , p . 10 . ( 7) OJ No L 199, 19 . 7. 1973, p. 26. OJ No L 158 , 20 . 7 . 1970 , p . 1 . (8) OJ No L 133 . 19 . 6 . 1971 , p. 32. (5 ) OJ No L 183 , 5 . 7 . 1973 , p . 1 . (9) OJ No L 283, 24. 12. 1971 , p . 33 .

No L 222/ 20 Official Journal of the European Communities 10 . 8 . 73

Article 3 — section 18 shall contain, in figures and words, the total rate in national currency of the levy 1 . Except in cases where the export levy is deter­ fixed in advance . mined by means of a tendering procedure or fixed in advance, the rate of the levy applicable on exportation The provisions of Article 12a of Regulation (EEC) shall be that valid on the day on which the customs No 1373/70 shall apply to special cases, the formalities referred to under Article 8 (2) (b) of Regula­ entries to be made in sections 19 and 20 of the tion (EEC) No 1373/70 are completed . import licence under that Article being made in section 18 of the export licence . 2. The export levy shall be charged by the Member State on whose territory the formalities referred to in 2. For the purpose of applying Article 4 (3) of paragraph 1 are completed. It shall be due not later Regulation (EEC) No 1604/71 and Article 3(5) of than the day on which these formalities are Regulation (EEC) No 1968/73, section 18 of the completed. export licence shall contain one of the following endorsements : 3. Where the export levy is varied by destination, a security or a guarantee regarded as equivalent shall be prélèvement à 1 exportation non applicable given representing the difference between the highest ausfuhrabschôpfung nicht anwendbar rate of levy applicable to the product in question and export levy not applicable the appropriate rate for the proposed destination . prélive all'esportazione non applicabili The security or guarantee shall be released in propor­ uitvoerheffing niet van toepassing'. . tion to the quantity in respect of which proof is produced that it has reached its destination . This proof shall be furnished in the manner described in Article 5 Article 8(1 ) of Commission Regulation 1041 / 67/ EEC (1 ) of 21 December 1967 on detailed rules for The following paragraph 4 is added to Article 16 of the application of export refunds on products subject Regulation (EEC) No 2637/70 : to a single price system, as last amended by Regula­ tion (EEC) No 131 /73 (2). '4. Where the export levy is fixed by a tendering procedure, the rate of export levy The security shall be forfeited in whole or in part, by appearing in the statement of award of contract way of levy, where products arrive at a destination for shall be entered in section 18 of the licence . This which a levy higher than that actually charged is appli­ rate shall be expressed in the currency of the cable . Member State in which the licence is issued and the entry shall take the following form : Article 4 taux du prélèvement à 1 exportation applicable . . . gültiger Satz der Ausfuhrabschöpfung . . . Article 19a of Regulation (EEC) No 2637/70 is replaced by the following : rate of export levy applicable . . . 'Article 19a tasso del prelievo all esportazione applicabili . . . 1 . For the purposes of applying Article 4(2) of toe te passen heffing bij uitvoer. Regulation (EEC) No 1604/71 and the second subparagraph of Article 3 (4) of Regulation (EEC) No 1968/73, the export licence shall be completed Article 6 as follows : — section 12 shall contain one of the following Where an export levy is applicable movement of the endorsements : products affected within the Community shall be préfixation prelevement demandee subject to the conditions laid down by Regulation anmode om forudfastsættelse af afgift (EEC) No 1279/71 . vorausfestsetzung der Abschopfung beantragt - advance fixing of levy applied for fissazione in anticipe del prelievo richiesta Article 7 vooraf vaststellen van heffing aangevraagd ; — in section 17 the words " refund valid on . . . 1 . Where it is clear from the information appearing fixed in advance" shall be deleted and replaced on the document that a product moving between two by the endorsements provided for in section points situated within the Community will leave the 17 of the import licence ; territory of the Community otherwise than by air in the course of transportation , the dispatcher shall ( i ) OJ No 314, 23 . 12. 1967, p. 9 . provide a security equal to the highest levy chargeable V) OJ No L 17, 20. 1 . 1973, p. 19. in the event of exportation outside the Community.

10. 8 . 73 Official Journal of the European Communities No L 222/21

2. This guarantee shall be released in proportion to Article 8 the quantity in respect of which proof is produced that it has reached its destination . This proof shall be furnished by the return to the office of departure of This Regulation shall enter into force on the day one of the documents referred to in Articles 2 and 3 following its publication in the Official Journal of of Regulation (EEC) No 1279 /71 or of a national docu­ the European Communities. ment .

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

Done at Brussels, 8 August 1973 . For the Commission The President Francois-Xavier ORTOLI