31978R0622

31 . 3 . 78 Official Journal of the European Communities No L 84/ 15

COMMISSION REGULATION ( EEC) No 622/ 78 of 30 March 1978 amending Regulation ( EEC) No 3376/75 as regards the calculation of the amounts by which import charges on beef and veal products originating in the African , Caribbean and Pacific States are reduced

THE COMMISSION OF THE EUROPEAN Whereas the amount by which the import charges are COMMUNITIES , reduced is fixed quarterly ; whereas this amount may vary during the time of transportation to the Commu­ Having regard to the Treaty establishing the European nity ; whereas at the time of export the exporting Economic Community, country, when calculating the export tax to be levied, can only base itself on the reduction in force ; whereas Having regard to Council Regulation No 129 on the the export tax must be compared to the reduction value of the unit of account and on the exchange rates applicable at the time of export ; to be applied for the purposes of the common agricul­ tural policy ('), as last amended by Regulation (EEC) Whereas the amount representing import charges is No 2543/73 (2), and in particular Article 3 thereof, that applicable on the day of acceptance of the declara­ tion of putting into free circulation ; whereas these Having regard to Council Regulation (EEC) No charges are reduced by the reduction applicable on 3328/75 of 18 December 1975 renewing the arrange­ that date ; ments for the reduction of import charges on beef and veal products originating in the African, Caribbean and Pacific States (3 ), as last amended by Regulation Whereas the Monetary Committee will be consulted ; (EEC) No 2570 /77 (4), and in particular Article 3 ( 1 ) whereas, in view of their urgency, the measures thereof, proposed should be adopted in accordance with the conditions laid down in Article 3 (2) of Regulation No Whereas Commission Regulation (EEC) No 3376/75 129 ; of 23 December 1975 (5 ), as last amended by Regula­ tion ( EEC) No 2771 / 77 (6), laid down the detailed Whereas the measures provided for in this Regulation rules for the application of Regulation ( EEC) No are in accordance with the opinion of the Manage­ 3328 /75 ; ment Committee for Beef and Veal ,

Whereas at present the calculation of the amounts by which the import charges on the products in question are reduced is based only on two Community regions ; whereas in view of the movement of the currencies of HAS ADOPTED THIS REGULATION : the various Member States, the amount by which the import charges are reduced should in future be calcu­ lated separately for each Member State on the basis of the monetary compensatory amount applicable to Article 1 imports in the Member State concerned ;

Article 4 of Regulation (EEC) No 3376/75 is hereby Whereas the reduction consists of levy and monetary amended to read as follows : compensatory amount components ; whereas , more­ over, the fixing of the reduction in units of account may create problems, especially for the exporting 'Article 4 country as regards the exchange rate to be used ; whereas consequently the amount by which the 1 . The amount provided for in Article 1 ( 1 ) of charges are reduced should be fixed in national Regulation (EEC) No 3328 /75 for each product currency for each Member State of destination ; intended for importation into a Member State shall be equal to 90 % of the amount resulting Whereas it appears useful to outline the manner in from the levy corrected, as appropriate, by the which the amount to be actually levied on imports is monetary compensatory amount valid for imports calculated ; into that Member State during the week preceding that in which the quarter for which the reduction (') OJ No 106, 30 . 10 . 1962 , p . 2553/ 62 . (2) OJ No L 263 , 19 . 9 . 1973 , p. 1 . is calculated begins . (3) OJ No L 329 , 23 . 12. 1975 , p. 4 . (4) OJ No L 300, 24. 11 . 1977, p. 1 . The reduction shall be fixed for each Member (5) OJ No L 333 , 30 . 12. 1975, p . 44. (b) OJ No L 320 , 15 . 12. 1977 , p . 17 . State in its national currency.

No L 84/ 16 31 . 3 . 78 Official Journal of the European Communities

2. The reduction shall be deducted from the 2. When the customs import formalities for levy valid on the day on which the customs putting into free circulation are completed , the import formalities are completed in the Member amount of the export tax levied per 100 kilograms State concerned, corrected in advance, where shall for the importing Member State be compared appropriate, by the monetary coefficient listed in to the amount fixed in accordance with Article 4 Annex II to the Commission Regulation fixing the which was applicable at the time when the EUR.l monetary compensatory amounts and by the certificate for the movement of goods was issued . monetary compensatory amount valid in the If the amount of the export tax levied is expressed Member State concerned on the same date .' i in a currency other than that of the importing Member State, the exchange rate used shall be the Article 2 most recent selling rate recorded on the most representative exchange market or markets of that Article 5 of Regulation ( EEC) No 3376/75 is hereby Member State . amended to read as follows : ''Article 5 The export tax levied shall be considered as corres­ ponding to the amount fixed in accordance with 1 . The import charges shall be reduced by the Article 4 when the comparison shows that the amount fixed in accordance with Article 4 only if : export tax expressed in the currency of the (a) an export tax at least equal to the amount fixed importing Member State is not lower than the said amount . pursuant to Article 4 has been levied ; (b) the model of the EUR.l certificate for the 3 . The amount by which the import charges movement of goods referred to in Article 6 of shall be reduced shall be that applicable on the Protocol 1 to the Convention of Lome indi­ date on which the declaration of putting into free cates : circulation is accepted . — in box 7, the amount of the export tax 4. The application of this Regulation may in no levied per 100 kilograms, event give rise to the granting of an amount .' — in box 8 , the subheading of the Common Customs Tariff for the product in question . Article 3 A separate certificate shall be drawn up for each subheading of the Common Customs This Regulation shall enter into force on 1 April Tariff . 1978 .

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

Done at Brussels, 30 March 1978 .

For the Commission

Finn GUNDELACH

Vice-President