31974R2111
10 . 8 . 74 Official Journal of the European Communities No L 220/5
REGULATION ( EEC) No 2111 / 74 OF THE COMMISSION of 26 July 1974 amending Regulation (EEC) No 1373/70 on common detailed rules for the appli cation of the system of import and export licences and advance fixing certifi cates for agricultural products subject to a single price system
THE COMMISSION OF THE EUROPEAN required under Article 15 (3) (b) of Regulation (EEC) COMMUNITIES , No 1373/70 cannot be produced although the product has left the geographical territory of the Community Having regard to the Treaty establishing the European or, in the case of operations as specified in Article 2 of Economic Community ; Commission Regulation No 1041 /67/EEC (8) of 21 December 1967, as last amended by Regulation (EEC) Having regard to the Regulations mentioned in the No 131 /74 (9), reached its destination ; whereas such a citations to Commission Regulation (EEC) No situation is likely to prove an obstacle to trade ; 1373/70 ( J ), as last amended by Regulation (EEC) No whereas in such circumstances other documents 1796/73 (2); should be recognized as equivalent ; Whereas the object of import and export licences is the sound administration of the common organization Whereas experience has shown that certain provisions of markets ; whereas some operations relate to small of Regulation (EEC) No 1373/70 should be specified quantities ; whereas for the purpose of simplifying in greater detail ; administrative procedures it would seem desirable to exempt such operations from the obligation to Whereas the measures provided for in this Regulation produce import or export licences ; are in accordance with the Opinions of all the rele vant Management Committees, Whereas Article 15 (2) (b) of Regulation (EEC) No 1373/70 provides that, in the case of an export from the Community, discharge of the security is subject in particular to production of proof that the product has HAS ADOPTED THIS REGULATION : left the geographical territory of the Community ; whereas Article 15 (3) (b) of that Regulation provides that in certain cases such proof is to be furnished by Article 1 production of control copy provided for in Article 1 of Commission Regulation (EEC) No 231 5/69 (3) of 19 November 1969, as last amended by Regulation Paragraphs 3 and 4 as follows are added to Article 4 of (EEC) No 690/73 (4) ; whereas Commission Regulation Regulation (EEC) No 1373/70 : (EEC) No 304/71 (5) of 11 February 1971 on simplifi '3 . Where advance fixing of a levy or refund is cation of the Community transit procedure for goods not requested, no licence shall be required for the carried by rail, as last amended by the Act (6) annexed purposes of operations : to the Treaty (7) concerning the accession of new Member States to the European Economic Commu — as specified in Article 2 of Regulation No nity and the European Atomic Energy Community, 1041 / 67/ EEC, or signed at Brussels on )l1 January 1972, provides that if — of a non-commercial nature , or a carriage operation starts within the Community and is to end outside the Community no formalities need — relating to quantities such that the security for be completed at the customs office of the frontier the corresponding licence would be less than station ; whereas where recourse is had to these provi two units of account . sions of Regulation (EEC) No 304/71 it seems desir able for the purpose of simplifying administrative 4. For the purposes of paragraph 3 "operations procedures to relax the arrangements for the discharge of a non-commercial nature" means : of the security ; (a) imports by or consigned to private individuals, Whereas it may happen that by reason of circum stances beyond the trader's control the control copy (b) exports by private individuals,
(•) OJ No L 158 , 20 . 7 . 1970 , p. 1 . provided that such operations satisfy the require (2 ) OJ No L 183 , 5 . 7. 1973 , p. 1 . ments of Section II (B) (2) of the preliminary provi (3 ) OJ No L 295, 24. 11 . 1969 , p. 14 . sions of the Common Customs Tariff .' (4) OJ No L 66, 13 . 3 . 1973 , p. 23 . (5 ) OJ No L 35 , 12 . 2. 1971 , p. 31 . (6) OJ No L 73, 27. 3 . 1972, p. 14. ( 8) OJ No 314, 23 . 12 . 1967. p. 9 . (7) OJ No L 73 , 27 . 3 . 1972, p. 5 . (9 ) OJ No L 17, 21 . 1 . 1973 , p. 19 .
No L 220/6 Official Journal of the European Communities 10 . 8 . 74
Article 2 Vertrek van het geografische grondgebied van de Gemeenschap onder de regeling van Verordening The text of Article 8 ( 1 ) of Regulation (EEC) No ( EEG) nr. 304/ 71 "; 1373/70 is replaced by the following : "Udgaet fra Faellesskabets geografiske omrade ' For the purpose of determining their period of if0lge proceduren i forordning (E0F) nr. 304/71 "; validity : "Ausgang aus dem geographischen Gebiet der Gemeinschaft im Verfahren nach Verordnung (a) licences or certificates shall be considered to (EWG) Nr. 304/71 " ; have been issued on the date on which the application for them was lodged, such date "Uscita dal territorie geografico della Comunita being included in the period of validity of the sotto il regime del regolamento (CEE) n . 304/71 ". licence or certificate ; In the case referred to in the preceding subpara (b) where the licence or certificate becomes valid on the actual date of issue such date shall be graph the office of departure may permit the contract of carriage to be varied so that carriage included in the period of validity of the licence or certificate .' ends within the Community only if it is established :
Article 3 — that, where the security given in respect of the operation in question has already been discharged, such security has been renewed ; or The text of Article 1 1 of Regulation (EEC) No 1373/70 is replaced by the following : — that the necessary steps have been taken by the authorities concerned to ensure that the secu 'Where on licences or certificates or on extracts rity is not discharged . therefrom the space reserved for attributions is If the security has been discharged and the insufficient, the attributing authorities may attach thereto one or more extension pages containing product has not been exported, the security shall be renewed .' spaces for attributions as shown on the back of Copy No 1 of the said licences, certificates or Article 5 extracts . The attributing authorities shall so place their stamp that one half is on the licence or certi ficate or extract therefrom and the other on the A paragraph 3a as follows is inserted in Article 15 of extension page, and for each further extension Regulation ( EEC) No 1373 /70 : page issued a further stamp shall be placed in like manner across such page and the preceding page .' '3a. If the trader, owing to circumstances beyond his control , is unable to produce the control copy required under the preceding paragraph Article 4 within the three months following its issue, he may make application to the competent The following subparagraphs are added to Article 15 agency for other documents to be accepted as (3) (b) of Regulation (EEC) No 1373/70 : equivalent, stating the grounds for such appli cation and furnishing supporting documents. 'Where, on completion of the customs export formalities referred to in Article 8 (2) (b), a product The supporting documents must include the is placed under the procedure provided for in transport document and one or more of the Regulation (EEC) No 304/71 for carriage to a documents specified in the second and third station of destination outside the geographical terri subparagraphs of Article 8 ( 1 ) of Regulation tory of the Community, the control copy required No 1041 / 67/ EEC .' under the preceding subparagraph shall be returned or sent by the office of departure to the party concerned or, where appropriate, through Article 6 official channels to the agency which issued the licence or certificate . One of the following endorse 1 . In the Annex to Regulation (EEC) No 1373/70, ments shall be entered in the Section " Control as the text of footnote 3 to the forms of application for to use and / or destination " : import licences and advance fixing certificates and of footnote 4 to the forms of application for export " Departure from the geographical territory of the licences and advance fixing certificates is replaced by Community under Regulation (EEC) No 304/71 the following : procedure" ; " Sortie du territoire geographique de la Commu 'Without prejudice to the application of the provi naute sous le regime du reglement (CEE) n° sions of Regulation ( EEC) No 1134/ 68 (Articles 1 304/ 71 "; (2), 2 (2) and (4) of the Act of Accession .'
10 . 8 . 74 Official Journal of the European Communities No L 220/7
2. Footnote 4 to the application forms for import It shall apply in respect of transactions for which the licences and advance fixing certificates and footnote 5 customs import or export formalities are completed to the application forms for export licences and on or after 1 October 1974 . advance fixing certificates are deleted.
Article 7 The provisions of Article 15 (3a) of Regulation (EEC) No 1373/70 may, if those concerned so request, be This Regulation shall enter into force on the third day applied in respect of transactions for which the following its publication in the Official Journal of customs export formalities were completed before the the European Communities. entry into force of this Regulation .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 26 July 1974. For the Commission
The President
Francois-Xavier ORTOLI