31974R3206

20 . 12 . 74 Official Journal of the European Communities No L 341 / 43

REGULATION ( EEC) No 3206/ 74 OF THE COMMISSION of 18 December 1974 laying down detailed rules for the application of a charge on the exportation of certain goods covered by Regulation (EEC) No 1059/69

THE COMMISSION OF THE EUROPEAN whereas it is necessary to make provision to ensure COMMUNITIES , that if the goods concerned should finally leave the territory of the Community during transport from one Having regard to the Treaty establishing the European point to another of the latter the charge applicable is Economic Community ; recovered ; Having regard to Council Regulation (EEC) No Whereas in the case of certain export transactions the 31 85/74 ( J ) of 17 December 1974 introducing a imposition of an export charge is not economically charge on the exportation of certain goods covered by justifiable ; whereas no charge should be applied in Regulation (EEC) No 1059/69, and in particular respect of such transactions ; Article 2 ( 1 ) thereof ;

Whereas the Member States have been consulted on Whereas the amount of the charge in question must not be such as to compromise normal exports of these measures, goods which are traditionally the subject of interna­ tional trade ;

Whereas it is advisable to fix the charge at a single HAS ADOPTED THIS REGULATION : rate, valid for all destinations ;

Whereas the rate of the charge must be fixed taking Article 1 into account in particular the nature of the goods, their sucrose content, the movement of prices and the 1 . The rate of the export charge provided for in economic considerations relating to the application of Article 1 of Regulation (EEC) No 3185/74 shall be 20 the charge ; units of account per 100 kg of sucrose, including invert sugar expressed as sucrose . Whereas the particular nature of trade in the goods in question makes price stability necessary ; whereas it is 2. The exporter shall declare the sucrose content, consequently advisable to provide for the possibility of including invert sugar expressed as sucrose, of the fixing the rate of charge in advance ; goods to be exported. Whereas it is necessary to specify the day on which exportation is regarded as taking place ; whereas this Article 2 should be the day of completion of customs formali­ ties as referred to in Article 1 5 of Commission Regula­ tion (EEC) No 1373/70 (2) of 10 July 1970 on 1 . Except where the charge is fixed in advance the common detailed rules for the application of the rate of charge shall be that applicable on the day of system of import and export licences and advance completion of customs formalities as referred to in fixing certificates for agricultural products subject to a Article 1 5 (5) (b) of Commission Regulation (EEC) No 1373/70 . single price system, as last amended by Regulation (EEC) No 2111 /74 (3); 2. The export charge shall be levied by the compe­ Whereas recourse should also be had to the provisions tent authorities of the Member State on whose terri­ of Commission Regulation (EEC) No 1 279/7 1 (4) of tory formalities as referred to in paragraph 1 are 17 June 1971 on the use of Community transit docu­ completed . It shall be payable not later than the day ments for the purpose of applying certain measures on which such formalities are completed . on the exportation of certain goods, as last amended by the Act (5) annexed to the Treaty (6) concerning the Accession of new Member States to the European Article 3 Economic Community and to the European Atomic "Energy Community ; Where the export charge is applicable, the products in question shall be moved within the Community (•) OJ No L 340 , 19 . 12. 1974, p. 1 . under the conditions laid down by Regulation (EEC) (2) OJ No L 158 , 20 . 7 . 1970 , p. 1 . No 1279/71 . In the case referred to in Article 5a of (?) OJ No L 220, 10 . 8 . 1974, p. 5. that Regulation, the day on which the formalities (4) OJ No L 133, 19 . 6 . 1971 , p. 32 . (5) OJ No L 73 , 27. 3 . 1972, p. 14. required for dispatch of the products are completed («) OJ No L 73, 27. 3 . 1972, p. 5 . shall be considered as being the day of completion of

No L 341 /44 Official Journal of the European Communities 20 . 12 . 74

customs formalities as referred to in Article 2 of this valid throughout the Community, which shall be Regulation . issued by Member States to any applicant irrespective of the place of his establishment in the Community.

Article 4 4. The issue of advance fixing certificates shall be conditional on the provision of security guaranteeing Where a product which is being transported between that exportation will be carried out during the period two points within the Community would if exported of validity of the certificate . If exportation is not be subject to the charge, then if it appears from the carried out, or is only partially carried out, within that customs document that the product is in the course of period the security shall be wholly or partially forfeit. being so transported to leave Community territory otherwise than by air, the consignor shall give security 5 . The provisions of Regulation ( EEC) No 1373/ 70 in an amount equal to the charge which would be shall apply to advance fixing certificates . levied if the product were exported from the Commu­ nity. 6. An advance fixing certificate shall be valid from its date of issue within the meaning of Article 8 ( 1 ) (a) of Regulation (EEC) No 1373/70 until the end of the Article 5 fifth month following that in which it is issued .

1 . No export charge shall be applicable on : 7 . The . amount of the security to be provided in respect of the advance fixing certificate shall be 10 (a) products intended for the victualling within the units of account per 100 kg of sucrose, including Community of seagoing vessels or aircraft serving international routes ; invert sugar expressed as sucrose .

(b) products intended for the armed forces of a Should the export charge be abolished before the Member State stationed outside the geographical expiry of any period for which the rate of charge has territory of the Community ; been fixed in advance, the relevant security shall be released . (c) small consignments of a non-commercial nature ; (d) goods contained in travellers' personal luggage 8 . The advance fixing certificate shall include the within the meaning of Regulation (EEC) No following special entries : 1544/69 (>), subject to an overall maximum per traveller of three kilogrammes. — in box 12 the words 'advance fixing of sugar charge requested' ; 2. Application of the provisions of paragraph 1 (b) — in box 17 the words ' refund valid on . . . fixed in shall be subject to production of a declaration from advance' shall be crossed out and replaced by the the armed forces concerned certifying that the words 'charge fixed in advance on ... by . . .' ; products presented to customs for completion of export formalities are intended for those forces, and to — in box 18 the rate in national currency of the the condition that the transactions in question offer charge as fixed in "advance shall be entered in words and figures . adequate assurances as to the arrival of the products concerned at their proper destination . Article 7 Article 6 No export charge shall be levied on goods containing a basic product in respect of which an application for 1 . Where the party concerned so requests, the rate an advance fixing certificate in respect of the refund of the charge shall be fixed in advance . was lodged before 25 November 1974, irrespective of the date of issue of that certificate . 2 . Where the rate of charge is so fixed in advance , the benefit of such advance fixing being conditional on the request therefor being lodged before 1 p.m . at Article 8 the same time as the application for an advance fixing certificate as provided for in paragraph 3 is made, the The charge shall be abolished on or before the day on rate of charge in force on the day on which such appli­ which the special levy on sugar pursuant to Article 16 cation is made shall apply to an export transaction to of Regulation No 1 009 / 67/ EEC (2 ) is abolished . be carried out at any time during the period of validity of the said certificate . Article 9 3 . Payment of the charge under the arrangements for advance fixing provided for in paragraph 1 shall be This Regulation shall enter into force on 23 subject to production of an advance fixing certificate December 1974 .

(') OJ No L 191 , 5 . 8 . 1969, p. 1 . (2 ) OJ No 308 , 18 . 12 . 1967, p . 1 .

20 . 12 . 74 Official Journal of the European Communities No L 341 /45

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

Done at Brussels, 18 December 1974.

For the Commission

The President

Francois-Xavier ORTOLI