31973R2823

18 . 10 . 73 Official Journal of the European Communities No L 291 / 19

REGULATION (EEC) No 2823/73 OF THE COMMISSION of 17 October 1973 laying down detailed rifles for the application of export levies in the event of the rice market being disturbed and amending Regulation (EEC) No 2637/70

THE COMMISSION OF THE EUROPEAN Whereas the rules applicable to the issue of export COMMUNITIES, licences for products subject to an export levy fixed either in advance or by a tendering procedure should Having regard to the Treaty establishing the European be analogous to those now applying to cereals ; Economic Community ; whereas Article 19a of Commission Regulation (EEC) No 2637/70 (6) of 23 December 1970 on special Having regard to Council Regulation No 359/ detailed rules for the application of the system of 67/ EEC ('), of 25 July 1967 on the common organiza­ import and export licences and advance fixing certifi­ tion of the market in rice, as last amended by the Act cates for agricultural products, as last amended by of Accession (2), and in particular Article 10 (2), Regulation (EEC) No 2500/73 (7), should be amended Article 13 ( 5) and Article 17 (6) thereof ; accordingly ;

Having regard to Council Regulation (EEC) No Whereas, as regards the other detailed rules for the 2737/73 (3) of 8 October 1973, laying down general application of export levies, recourse should be had to rules to be applied in the event of the rice market the provisions of Commission Regulation (EEC) No being disturbed, and in particular Article 4 ( 1 ) 1279/71 (8) of 17 June 1971 on the use of Community thereof ; transit documents for the purpose of applying certain measures on the exportation of certain goods, as last Whereas the first indent of Article 2 ( 1 ) of Regulation amended by Regulation (EEC) No 2766/71 (9) ; (EEC) No 2737/73 provides for the possibility of intro­ ducing an export levy ; whereas furthermore, under Whereas the measures provided for in this Regulation subparagraph ( 2) of Article 3 (4) of that Regulation , are in accordance with the Opinion of the Manage­ interested parties may apply to have the levy fixed in ment Committee for Cereals, advance ; whereas detailed rules for the application of these provisions must be laid down ;

Whereas it would be equitable to exempt from the HAS ADOPTED THIS REGULATION : export levy products in respect of which an export licence involving advance fixing of the refund has been issued ; Article 1 Whereas export licences may have been issued or This Regulation lays down detailed rules for the appli­ applied for as the case may be prior to the date on cation of the export levy referred to in the first indent which the export levy became applicable ; whereas it of Article 2 ( 1 ) of Regulation ( EEC) No 2737/73 . would be equitable to allow these applications for licences to be cancelled at the request of interested parties, the relevant deposit being released ; Article 2 Whereas the day of exportation within the meaning of Article 3 (4) of Regulation ( EEC) No 2737/73 must be 1 . The export levy shall be charged on all exports defined ; whereas it would be appropriate to select the outside the Community of products corresponding to day on which the customs formalities referred to one or other of the descriptions contained in Article 9 (2) of the Treaty. under (b) of the second subparagraph of Article 8 (2) of Commission Regulation ( EEC) No 1 373/70 (4) of 10 July 1970 on common detailed rules for the appli­ 2. The export levy shall also be charged on cation of the system of import and export licences products which , by reason of the customs status of and advance fixing certificates for agricultural their packaging or by reason of the fact that they have products subject to a single price system , as last been incorporated in or added to one or more amended by Regulation ( EEC) No 1 796/73 (5), are products not in free circulation, do not correspond to completed ; one or other of the descriptions contained in Article 9 (2) of the Treaty. (') OJ No 174, 31 . 7 . 1967, p . 1 . (-) OJ No L 73 , 27 . 3 . 1972, p . 59 . ( b) OJ No L 283 , 29 . 12 . 1970, p . 15 . (3 ) OJ No L 282, 9 . 10 . 1973, p . 13 . ( 7) OJ No L 258 , 14. 9 . 1973 , p . 1 . 0») OJ No L 158 , 20 . 7 . 1970 , p . 1 . ( 8) Ol No L 133, 19 . 6 . 1971 , p . 32 . (5 ) OJ No L 183 , 5 . 7 . 1973 , p . 1 . O OJ No L 283 , 24 . 12 . 1971 , p. 33 .

No L 291 / 20 Official Journal of the European Communities 18 . 10 . 73

3. No export levy shall be charged on exports graph of Article 3 (4) of Regulation (EEC) No covered by export licences involving advance fixing of 1968 /73 and the second subparagraph of Article 3 the refund . (4) of Regulation (EEC) No 2737/73 the export licence shall be completed as follows : 4. Where an export levy is fixed, interested parties may apply to have : — section 12 shall contain one of the following endorsements : — applications for export licences lodged before the export levy became applicable but for which no advance fixing of levy applied for licence has yet been issued , anmodet om forudfastsættelse af afgift — export licences issued before the export levy Vorausfestsetzung der Abschöpfung beantragt became applicable cancelled . préfixation prélèvement demandée In such cases the deposit referred to in Article 10 ( 1 ) of Regulation No 359/67/ EEC shall be released imme­ fissazione in anticipo del prelievo richiesta diately . vooraf vaststellen van heffing aangevraagd ;

— in section 17 the words " refund valid on . . . Article 3 fixed in advance" shall be deleted and replaced 1 . Except in cases where the export levy is deter­ by the endorsements provided for in section 17 of the import licence ; mined by means of a tendering procedure or fixed in advance, the rate of the levy applicable on exportation — section 18 shall contain, in figures and words, shall be that valid on the day on which the customs the total rate in national currency of the levy formalities referred to under Article 8 (2) (b) of Regula­ fixed in advance. The provisions of Article 12a tion (EEC) No 1373/70 are completed . of Regulation (EEC) No 1373/70 shall apply to 2. The export levy shall be charged by the Member special cases, the entries to be made in section State on whose territory the formalities referred to in 19 and 20 of the import licence under that paragraph 1 are completed . It shall be due not later Article being made in section 18 of the export than the day on which these formalities are licence . completed . 2. For the purpose of applying Article 4 (3) of 3. Where the export levy is varied by destination, a Regulation (EEC) No 1604/71 , Article 3 (5) of security or a guarantee regarded as equivalent shall be Regulation ( EEC) No 1968 /73 and Article 3 ( 5) of given representing the difference between the highest Regulation (EEC) No 2737/73 , section 18 of the rate of levy applicable to the product in question and export licence shall contain one of the following the appropriate rate for the proposed destination . endorsements :

The security or guarantee shall be released in propor­ export levy not applicable tion to the quantity in respect of which proof is eksportafgift ikke anvendelig produced that it has reached its destination. This Ausfuhrabschöpfung nicht anwendbar proof shall be furnished in the manner described in Article 8 ( 1 ) of Commission Regulation No 1041 / prélèvement à l'exportation non applicable 67/ EEC (') of 21 December 1967 on detailed rules for prelievo all'esportazione non applicabile the application of export refunds on products subject uitvoerheffing niet van toepassing.' to a single price system, as last amended by Regula­ tion (EEC) No 131 /73 (2). Article 5 The security shall be forfeited in whole or in part by way of levy, where products arrive at a destination for Where an export levy is applicable movement of the which a levy higher than that actually charged is appli­ cable . products affected within the Community shall be subject to the conditions laid down by Regulation ( EEC) No 1279/ 71 . Article 4

Article 19a of Regulation (EEC) No 2637/70 is Article 6 replaced by the following : ' Article 19a 1 . Where it is clear from the information appearing on the document that a product moving between two 1 . For the purposes of applying Article 4 (2) of points situated within the Community will leave the Regulation ( EEC) No 1604/71 , the second subpara territory of the Community otherwise than by air in the course of transportation, the dispatcher shall (') OJ No 314, 23 . 12. 1967, p. 9 . provide a security equal to the highest levy chargeable (2) OJ No L 17, 20 . 1 . 1973 , p. 19. in the event of exportation outside the Community.

18 . 10 . 73 Official Journal of the European Communities No L 291 /21

2. This guarantee shall be released in proportion to required formalities are completed concerning the the quantity in respect of which proof is produced dispatch of the products is considered the same as the that it has reached its destination . This proof shall be day on which the customs formalities referred to in furnished by the return to the office of departure of Article 3 ( 1 ) of this Regulation are completed . one of the documents referred to in Articles 2 and 3 of Regulation (EEC) No 1279/71 or of a national docu­ Article 7 ment . This Regulation shall enter into force on the day 3 . In the cases referred to in Article 5b of Regula­ following its publication in the Official Journal of tion (EEC) No 1279/71 , the day during which the the European Communities.

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

Done at Brussels , 17 October 1973 .

For the Commission The President

François-Xavier ORTOLI