COMMISSION REGULATION (EC) No 720/2008
of 25 July 2008
laying down common detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the storage and movement of products bought in by a paying agency or an intervention agency
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43 in conjunction with Article 4 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 3515/92 of 4 December 1992 laying down common detailed rules for the application of Council Regulation (EEC) No 1055/77 on the storage and movement of products bought in by an intervention agency (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.
(2)
The competent authorities are informed of all trade in the products in question. Therefore, for the sake of administrative simplicity it is desirable that a licence should not be required in respect of products held by a paying agency or an intervention agency which are exported to a third country for storage there or returned to the Member State of departure.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
CHAPTER 1
GENERAL PROVISION
Article 1
Without prejudice to the derogations provided for in the specific Community rules for certain products, this Regulation lays down common detailed rules for the application of Article 39 of Regulation (EC) No 1234/2007.
CHAPTER 2
INTERVENTION PRODUCTS TRANSPORTED FOR STORAGE IN A THIRD COUNTRY
Article 2
In cases falling within Article 39(5)(a) of Regulation (EC) No 1234/2007, where products are exported to a third country for storage there, the document referred to in Article 3 hereof and the export declaration shall be lodged at the competent customs office in the Member State where the paying agency or intervention agency responsible for the products is situated.
The export declaration and, should the occasion arise, the external Community transit document or the equivalent national document shall show one of the entries listed in Annex I.
No export licence shall be required in connection with the customs export formalities.
Article 3
The document referred to in Article 2 shall be issued by the competent paying agency or intervention agency of the Member State of departure and shall carry a number and give:
(a)
a description of the products and, where appropriate, any other necessary information for control purposes;
(b)
the number, type and, where appropriate, the marks and numbers of the packages;
(c)
the gross and net mass of the products;
(d)
a reference to Article 39 of Regulation (EC) No 1234/2007, specifying that the products are intended for storage;
(e)
the address of the proposed place of storage.
In the case of application of Article 2, this document shall be kept by the customs office where the export declaration has been lodged and a copy of this document shall accompany the product.
Article 4
1. Where products held by a paying agency or an intervention agency and stored in a third country are subsequently re-imported into the Member State within whose jurisdiction such agency falls, without being sold:
(a)
the re-importation shall be subject to Article 39(5) of Regulation (EC) No 1234/2007; and
(b)
no import licence need be submitted.
2. In addition, the following documents shall be submitted to the customs office of re-importation:
(a)
the endorsed exporter’s copy of the export declaration issued in respect of the export of the products to the third country of storage, or a copy or a photocopy of that document authenticated as corresponding to the original by the customs office which issued that original;
(b)
a document issued by the paying agency or intervention agency responsible for the products containing the information provided for in Article 3(a) to (d).
Those documents shall be kept by the customs office of re-importation.
CHAPTER 3
INTERVENTION PRODUCTS TRANSFERRED FROM ONE PAYING AGENCY OR INTERVENTION AGENCY TO ANOTHER
Article 5
In cases falling within Article 39(5)(b) of Regulation (EC) No 1234/2007, where products are dispatched to another Member State as a transfer operation, the products shall be accompanied by a Control Copy T5 as referred to in Articles 912a to 912g of Commission Regulation (EEC) No 2454/93 (4). The Control Copy T5 shall be issued by the paying agency or intervention agency which sends the products and shall show in box 104 one of the entries listed in Annex II to this Regulation.
Box 107 shall show the number of this Regulation.
The Member State may allow the Control Copy T5 to be issued by an authority designated for that purpose instead of by the paying agency or intervention agency.
The Control Copy T5 shall be returned direct to the paying agency or intervention agency which sent the products, after appropriate checking and endorsement by the paying agency or intervention agency of the Member State to which the products are transferred.
CHAPTER 4
FINAL PROVISIONS
Article 6
Regulation (EEC) No 3515/92 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.
Article 7
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2008.