31975R0121

18 . 1 . 75 Official Journal of the European Communities No L 13/23

REGULATION ( EEC) No 121 /75 OF THE COMMISSION

of 17 January 1975

amending Regulation ( EEC) No 269/73 laying down detailed rules for the applica­ tion of the system of accession compensatory amounts

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty (') concerning the acces­ A paragraph 3 as follows is added to Article 5 of Regu­ sion of new Member States to the European Economic lation (EEC) No 269/73 : Community and to the European Atomic Energy '3 . Where the control copy as referred to in Community, signed at Brussels on 22 January 1972 ; paragraph 2 is not returned to the office of depar­ ture or relevant central body within three months Having regard to the Regulations cited in the of its issue owing to circumstances beyond the preamble to Commission Regulation (EEC) No control of the person concerned the latter may 269/73 (2) of 31 January 1973, as last amended by make application to the competent agency for Regulation (EEC) No 343/74 (*) ; other documents to be accepted as equivalent, Whereas Regulation (EEC) No 269/73 lays down stating the grounds for such application and detailed rules for the application of the system of furnishing supporting documents. Such supporting accession compensatory amounts ; whereas Article 5 documents must include the transport document of that Regulation provides that in certain circum­ and the document whereby the product concerned stances payment of the compensatory amount is to be is entered with the customs authorities for home conditional on the furnishing of proof that customs use in the Member State of destination, or a copy import formalities have been completed in the or photocopy thereof certified by the competent Member State of destination ; whereas pursuant to that authorities . Article such proof is to be furnished by production of Member States shall each 1 March and 1 the control copy provided for in Article 1 of Commis­ September send returns to the Commission sion Regulation (EEC) No 231 5/69 (4) of 19 showing for each product sector the number of November 1969 on the use of Community transit applications made under the preceding subpara­ documents for the purpose of applying Community graph , the reasons, where known , for the failure to measures for verifying the use and/or destination of return the control copy, the quantities concerned, goods, as last amended by Regulation (EEC) No and the compensatory amount claimed .' 690/73 (5 ) ; Article 2 Whereas it may happen that by reason of circum­ This Regulation shall enter into force on the third day stances beyond the control of the party concerned the following its publication in the Official Journal of control copy as aforesaid cannot be produced the European Communities. although the product has reached its intended destina­ The provisions of Article 5 (3) of Regulation (EEC) No tion ; whereas such a situation may impede trade ; 269/73 shall, where the party concerned so requests whereas in such circumstances other documents and on condition that such request is lodged within should be recognized as equivalent ; six months from the day on which this Regulation Whereas the measures provided for in this Regulation enters into force, apply to exports in respect of which are in accordance with the Opinions of all the rele­ the customs export formalities have been completed vant Management Committees, before the entry into force of this Regulation .

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

Done at Brussels , 17 January 1975 .

For the Commission

The President

Francois-Xavier ORTOLI

(') OJ No L 73, 27. 3 . 1972, p. 5 . (2) OJ No L 30, 1 . 2 . 1 973, p. 73 . (3) OJ No L 40 , 12. 2 . 1974, p. 4. (4) OJ No 295, 24. II . 1969 , p. 14. (5) OJ No L 66, 13 . 3 . 1973 , p. 23 .