31974R3162

No L 334/44 Official Journal of the European Communities 14. 12 . 74

REGULATION (EEC) No 3162/74 OF THE COMMISSION of 13 December 1974 laying down detailed rules for the imposition in the event of sugar supply diffi­ culties of an export charge on certain cereal , rice, milk, fruit and vegetable­ based products containing added sugar

THE COMMISSION OF THE EUROPEAN of 20 % sucrose or other sugars ; whereas Article 1 ( 1 ) COMMUNITIES, of Regulation (EEC) No 2980/74 provides for the imposition of a like charge in the like circumstances Having regard to the Treaty establishing the European in respect of the products specified in Article 1 of Economic Community ; Regulation (EEC) No 865/68 containing a minimum Having regard to Council Regulation No 120/ of 35 % added sugar ; whereas certain detailed rules 67/ EEC (') of 13 June 1967 on the common organiza­ for the application of these provisions must be laid tion of the market in cereals, as last amended by Regu­ down ; lation (EEC) No 11 25/74 (2) ; Having regard to Council Regulation No 359/ Whereas it would be equitable to exempt from the 67/ EEC (3) of 25 July 1967 on the common organiza­ export charge products in respect of which an export tion of the market in rice, as last amended by Regula­ licence with provision for advance fixing of the refund tion (EEC) No 1 1 29/74 (4) ; is issued before the provisions concerned entered into force ; whereas, furthermore, provision should be Having regard to Council Regulation (EEC) No made to permit the cancellation of export licences 804/68 (5) of 27 June 1968 on the common organiza­ without provision for advance fixing of the refund tion of the market in milk and milk products, as last applied for or issued before the day on which the amended by Regulation (EEC) No 662/74 (6) ; export charge becomes applicable ; Having regard to Council Regulation (EEC) No 865/68 (7) of 28 June 1968 on the common organiza­ Wheras the day of exportation must be defined ; tion of the market in products processed from fruit whereas that day should be the day of completion of and vegetables, as last amended by Regulation (EEC) customs formalities as referred to in Article 15 of No 2429 / 72 (») ; Commission Regulation (EEC) No 1373/70 ( n ) of 10 Having regard to Council Regulation (EEC) No July 1970 on common detailed rules for the applica­ 1603/74 (9) of 25 June 1974 on the imposition of an tion of the system of import and export licences and export charge on certain cereal, rice and milk-based advance fixing certificates for agricultural products products containing added sugar in the event of sugar subject to a single price system, as last amended by supply difficulties, and in particular Article 1 (3) Regulation (EEC) No 1796/73 ( !2); thereof ; Having regard to Council Regulation (EEC) No Whereas, as regards the other detailed rules" for 2980/74 ( 10) of 26 November 1974 on the imposition applying export charges, recourse should be had to of an export charge on certain products processed the provisions laid down in Commission Regulation from fruit and vegetables and containing added sugar (EEC) No 1279/71 ( 13) of 17 June 1971 on the use of in the event of sugar supply difficulties, and in parti­ Community transit documents for the purpose of cular Article 1 (4) thereof ; applying certain measures on the exportation of certain goods, as last amended by Regulation (EEC) Whereas Article 1 ( 1 ) of Regulation (EEC) No No 2766/ 71 ( 14) ; 1603/74 provides that where a levy exceeding five units of account per 100 kilogrammes is charged on exports of white sugar a decision may be taken to Whereas in the case of certain export transactions the impose a charge on exports of the products specified imposition of an export charge is not economically in Article 1 of Regulations No 120/67/EEC, No 359/ justifiable ; whereas no charge should be applied in 67/EEC and (EEC) No 804/68 containing a minimum respect of such transactions ;

(») OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 128 , 10 . 5 . 1974, p. 12. Whereas the Management Committees for Cereals, (>) OJ No 174, 31 . 7. 1967, p. 1 . Milk and Milk Products and Products Processed from (4) OJ No L 128 , 10 . 5 . 1974, p. 20 . Fruit and Vegetables have not delivered opinions (s) OJ No L 148 , 28 . 6 . 1968 , p. 13 . (6) OJ No L 85, 29 . 3 . 1974, p. 51 . (7) OJ No L 153, 1 . 7. 1968 , p. 8 . ('•) OJ No L 158 , 20 . 7 . 1970 , p. 1 . /s) OJ No L 264, 23 . 11 . 1972, p. 1 . (> 2) OJ No L 183, 5. 7. 1973 , p. 1 . ») OJ No L 172, 27. 6. 1974, p. 9 . ( 13) OJ No L 133 , 19 . 6 . 1971 , p . 32. ( 10) OJ No L 318 , 28 . 11 . 1974, p. 2. ( 14) OJ No L 283 , 24 . 12. 1971 , p . 33 .

14. 12 . 74 Official Journal of the European Communities No L 334/45

within the time limits set by their respective 1 544/69 (3), weigling not more than three kilo­ Chairmen , grammes in the aggregate per traveller.

6. Application of the provisions of paragraph 5 (b) shall be subject to production to the competent HAS ADOPTED THIS REGULATION : authorities of a declaration from the armed forces concerned certifying that the products presented to customs for completion of export formalities are Article 1 intended for those forces, and to the condition that the transactions in question offer adequate assurances This Regulation lays down detailed rules for the appli­ as to the arrival of the products concerned at their cation of the export charge on sugar added to the proper destination . products specified in Article 1 ( 1 ) of Regulation (EEC) No 1603/74 and in Article 1 ( 1 ) of Regulation (EEC) No 2980/74 . Article 3

Article 2 1 . The relevant export charge shall be the charge applicable on the day on which the customs formali­ ties referred to in Article 15 ( 5) (b) of Regulation 1 . The export charge shall be levied on all exports to destinations outside the Community of the (EEC) No 1373/70 are completed . products concerned where such products come within the terms of Article 9 (2) of the Treaty. 2. The charge shall be levied by the Member State on whose territory the formalities referred to in para­ 2. The export charge shall also be levied on the graph 1 are completed. It shall be payable at the latest products concerned where such products do not come at the time of completion of those formalities. within the terms of Article 9 (2) of the Treaty by reason of the customs status of their packaging or of the fact that they have been incorporated in or added Article 4 to one or more products not in free circulation . Where a product which is being transported between 3 . No charge shall however be levied on products two points within the Community would if exported in respect of which, before 25 November 1974, an be subject to the charge, then if it appears from the export licence with provision for advance fixing of the customs document that the product is in the course of rate of the refund has been applied for, irrespective of being so transported to leave Community territory the date of issue of that licence . otherwise than by air, the consignor shall give security in an amount equal to the charge which would be 4. In the case of an export licence without provi­ levied if the product were exported from the Commu­ sion for advance fixing of the refund, the • person nity. concerned may withdraw an application for such a licence or have the licence cancelled, if it has been applied for or issued before the date on which the Article 5 export charge becomes applicable . In such cases the security shall be released immediately. Where the export charge is applicable, the products in 5. No export charge shall be levied on : question shall be moved within the Community under the conditions laid down by Regulation ( EEC) (a) products intended for victualling within the No 1279/71 . In the case referred to in Article 5a of Community of seagoing vessels or aircraft serving that Regulation , the day on which the formalities international routes, required for dispatch of the products are completed (b) products intended for the armed forces of a shall be considered as being the day of completion of customs formalities as referred to in Article 3 of this Member State stationed outside the geographical territory of the Community, within the meaning Regulation . of Article 3 of Regulation No 1041 / 67/ EEC ('), as last amended by Regulation (EEC) No 21 10/74 (2), (c) small consignments of a non-commercial nature, Article 6 (d) goods contained in travellers' personal luggage within the meaning of Regulation ( EEC) No This Regulation shall enter into force on 23 December 1974 . (') OJ No 314, 23 . 12. 1967, p. 9 . 2) OJ No L 220 , 10 . 8 . 1974, p. 1 . P) OJ No L 191 , 5. 8 . 1969 , p. 1 .

No L 334/46 Official Journal of the European Communities 14 . 12 . 74

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

Done at Brussels, 13 December 1974.

For the Commission The President Francois-Xavier ORTOLI