1992R3002 — EN — 01.01.1993 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 3002/92
of 16 October 1992
laying down common detailed rules for verifying the use and/or destination of products from
intervention
(OJ L 301, 17.10.1992, p. 17)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 75/93 of 18 January 1993 L 11 5 19.1.1993
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▼B
COMMISSION REGULATION (EEC) No 3002/92
of 16 October 1992
laying down common detailed rules for verifying the use and/or
destination of products from intervention
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organization of the market inoils and fats(
1), as last amended by Regulation (EEC) No 2046/92 (2),
and in particular Articles 12 (4) and 26 (3) thereof, and to the corre-spondingprovisions of the other Reg ulations establishinga commonorganization of agricultural product markets,
Whereas Community rules relatingto various sectors covered by the
common organization of agricultural markets provide for the applicationof an intervention system;
Whereas certain products removed from intervention may be subject to
a specific use and/or destination; whereas a system of supervisionshould be set up to ensure that such products are not diverted from theiruse and/or destination;
Whereas Commission Regulation (EEC) No 569/88 (
3), as last amended
by Regulation (EEC) No 2919/92 (4), lays down common detailed rules
for verifyingthe use and/or destination of products from intervention;whereas in connection with the suppression of controls and formalitiesat the internal frontiers and on the occasion of further amendments toRegulation (EEC) No 569/88, and for reasons of clarity and adminis-trative efficiency, the rules concerned should be redrafted;
Whereas in those cases where two or more Member States are involved
in the supervision, Commission Regulation (EEC) No 2823/87 of 18September 1987 on the documents to be used for the purpose ofimplementingCommunity measures entailingverification of the useand/or destination of goods (
5) should apply;
Whereas other authorities as well as customs authorities competent to
issue the control cop y T 5 and to verify the use and/or destination of
intervention goods have to be designated;
Whereas, for reasons of simplification and efficiency, it is appropriate
to stipulate that the control copy T 5, after the necessary checks havebeen carried out, has to be sent directly to the agency holding thesecurity, and that where two or more Member States are involved, thecontrol copie s T 5 have to be sent directly by each separate Member
State to the agency holding the security;
Whereas it seems desirable, in order to simplify administrative proced-
ures, to provide for greater flexibility than is afforded by the controlcopy in the case of exports in accordance with the system laid down inTitle X, Chapter I, of Commission Regulation (EEC) No 1214/92 (
6)
which provides that, when a carriage operation starts within theCommunity and is to end outside it, no formalities need be carried outat the customs office for the frontier station;
Whereas the disproportionate number of amendments of the Annex to
Regulation (EEC) No 569/88 make it necessary to delete that Annex
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 215, 30. 7. 1992, p. 1.
(3) OJ No L 55, 1. 3. 1988, p. 1.
(4) OJ No L 292, 8. 10. 1992, p. 11.
(5) OJ No L 270, 23. 9. 1987, p. 1.
(6) OJ No L 132, 16. 5. 1992, p. 1.
1992R3002 — EN — 01.01.1993 — 001.001 — 3
▼B
and justify the reference to the endorsements stipulated in the specific
Regulations;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the relevant management committees,
HAS ADOPTED THIS REGULATION:
TITLE I
General provisions
Article 1
1. Without prejudice to the specific derogations provided for in the
Community rules relating to certain agricultural products, this Regula-tion lays down common detailed rules for verifyingthe use and/ordestination of products removed from intervention stock pursuant to:
— Articles 12 of Regulation (EEC) No 136/66/EEC (oils and fats),
— Article 5 and 25 of Council Regulation (EEC) No 1418/76 (
1) (rice),
— Articles 6 to 9 of Council Regulation (EEC) No 804/68 (2) (milk and
milk products),
— Article 7 of Council Regulation (EEC) No 805/68 (3) (beef and
veal),
— Article 7 of Council Regulation (EEC) No 727/70 (4) (raw tobacco),
— Articles 7, 8 and 28 of Council Regulation (EEC) No 2727/75 (5)
(cereals),
— Article 6 of Council Regulation (EEC) No 2759/75 (6) (pigmeat),
where such products are subject to a specific use and/or destination.
2. For the purposes of this Regulation, ‘dispatch'means the consign-
ment of goods from one Member State to another and ‘exportation'means the consignment of goods from a Member State to a destinationoutside the customs territory of the Community.
3. The provisions of this Regulation shall also apply to:
— products sold pursuant to Article 21 of Council Regulation (EEC)
No 1035/72 (
7) (fruit and vegetables),
— products sold pursuant to Article 8 (4) of Council Regulation (EEC)
No 426/86 (8) (products processed from fruit and vegetables),
— products sold pursuant to Articles 37 and 40 of Council Regulation
(EEC) No 822/87 (9) (wine/alcohol).
4. For the purposes of this Regulation, the Belgo-Luxembourg
Economic Union (BLEU) shall be considered as a single Member State.
Article 2
1. From the time of their removal from intervention stock until the
use and/or destination specified has been verified, the products referredto in Article 1 shall be subject to control, comprisingphysical checks,scrutiny of documents and audit of accounts, by the designated controlbodies, hereafter referred to as ‘the comptent control authority'.
In order to avoid any discrimination on the basis of the origin of the
products, each Member State shall designate, for each specific measureor part of such measure, one single control body for the verification of
(1) OJ No L 166, 25. 6. 1976, p. 1.
(2) OJ No L 148, 28. 6. 1968, p. 13.
(3) OJ No L 148, 28. 6. 1968, p. 24.
(4) OJ No L 94, 28. 4. 1970, p. 1.
(5) OJ No L 281, 1. 11. 1975, p. 1.
(6) OJ No L 282, 1. 11. 1975, p. 1.
(7) OJ No L 118, 20. 5. 1972, p. 1.
(8) OJ No L 49, 27. 2. 1986, p. 1.
(9) OJ No L 84, 27. 3. 1987, p. 1.
1992R3002 — EN — 01.01.1993 — 001.001 — 4
▼B
the use and/or destination of the relevant products, irrespective of their
origin (Community or national).
▼M1
Member States may, however, for six months from 1 January 1993,retain their existingcontrol bodies for each specific measure or partthereof.
▼
B
2. Member States shall take all necessary measures to ensure that:
— the control referred to in paragraph 1 is effected,
— the intervention products are not replaced by other products.
These measures shall in particular prescribe that:
— firms which deal with intervention products or processed interven-
tion products by, for instance, buyin, selling, stocking, transporting,transhipping, repackaging, working or processing shall submit toany measures of inspection or supervision considered to be neces-sary and keep such records as to enable the authorities to carry outany checks that they consider necessary,
— the products referred to in the first indent of this subparagraph shall
be stocked and transported separately from other products in such away that they can be identified.
Member States shall communicate to the Commission the measures
taken pursuant to this paragraph.
3. The control copy T5 procedure referred to in Article 1 of Regula-
tion (EEC) No 2823/87, shall apply where the control referred to inparagraph 1 is to be carried out in whole or in part:
— in a Member State other than that in which the products are
removed from intervention stock,
or
— in a Member State other than that in which the security was lodged.
The control cop y T 5 shall be issued and used in accordance with the
provisions of Regulation (EEC) No 2823/87 unless otherwise stipulatedin this Regulation.
4. Where the sellingintervention ag ency, in accordance with Article
3 (1) (a) does not issue a control copy T 5, it shall provide a removalorder. Member States may allow the issue of extracts of a removalorder.
The removal order or extract shall be presented by the person concerned
to the competent control authority.
Article 3
1. (a) The control cop y T 5 referred to in Article 2 (3) shall be issued
by:
— the sellingintervention ag ency where intervention products
are dispatched to another Member State in the same state asthat in which they were removed from intervention stock,hereafter referred to as ‘the unaltered state',
or
— the competent control authority, where intervention products
are dispatched after processingto another Member State,
or
— the customs office of departure:
— on production of a removal order, issued by the interven-
tion agency, where intervention products are exported inthe unaltered state and are to cross the territory of one ormore other Member States,
— on production of a control document, issued by the
competent control authority and statingthat processingtook place under control, where intervention products are
1992R3002 — EN — 01.01.1993 — 001.001 — 5
▼B
exported after processingand are to cross the territory of
one or more other Member States.
Where products pursuant to Council Regulation (EEC) No 1055/
77 (1) are stocked in a Member State other than that where the
sellingintervention ag ency is situated, the sellinginterventionagency shall issue the control cop yT5o rhave it issued under its
responsibility.
Member States may:— allow the control cop yT5t ob e issued by an authority
designated for that purpose instead of by the selling agency,
— decide that authorized stockholders of intervention products
can issue a control cop y T 5 under the responsibility of the
intervention agency. Authorization shall be granted to thestockholder accordingto the conditions of Articles 17 to 24of Regulation (EEC) No 2823/87 mutatismutandis .
In these cases, issue shall be subject to production of a removal
order.
(b) The removal order and the control document as referred to in
subparagraph (a) shall bear a serial number and shall give:
— a description of the products, such description beingmade in
the manner prescribed for completion of box 31 of thecontrol cop y T 5 referred to in Article 2 (3), and where
appropriate any other information necessary for the purposesof control,
— the number and type of packages, and the marks and
numbers borne by such packages,
— the gross and net mass of the products,— a reference to the regulation applicable,— the information to be provided in boxes 104 and 106 of the
control copy T 5, amongwhich the number of the contract ofsale with the intervention agency.
The control document shall show the number of the preceding
control cop yT5o r removal order.
The removal order and the control document shall be kept by the
office of departure.
(c) The person concerned shall make out the control copy T 5 in one
original and two copies. The authority issuing the control copy T5 shall send a copy, for information, to the agency where thesecurity is lodged, as required pursuant to Article 5, and shallkeep a copy.
(d) The original control copy T 5 shall be returned to the person
concerned or his representative, who shall present it to thecompetent control authority in the Member State of use and/ordestination.
2. The original of the control cop y T 5 shall, after appropriate
endorsement by the competent control authority in the Member State ofuse and/or destination, be sent back directly to the agency holding thesecurity referred to in Article 5.
The full name and address of the agency holding the security shall be
entered in box B of the control cop yT5b yt h e person concerned.
3. Where only a part of the products mentioned in the control copy T
5 has complied with the prescribed provisions, the competent authorityshall indicate in the section of the control cop y T 5 headed ‘Control of
use and/or destination'the quantity of products that complied with theseprovisions, and also the date or dates on which the operation wascarried out.
(1) OJ No L 128, 24. 5. 1977, p. 1.
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▼B
Article 4
Proof that the requirements as to control laid down in Article 2 (1) have
been complied with shall be furnished as follows:
(a) for products in respect of which the removal from intervention
stock and the use and/or destination have been verified by theauthority of a single Member State, by the production of documentsspecified by that Member State;
(b) for products in respect of which the use and/or destination have
been verified by the authorities in one or more Member States otherthan that in which the removal from intervention stock took place,by all control copies T 5 issued for control of use and/or destina-tion, duly certified and endorsed by the competent control authori-ties;
(c) for products in respect of which the use and/or destination have
been verified by the authorities in both the Member State where theremoval from intervention stock took place and in one or moreother Member States, by means of the documents referred to underboth (a) and (b);
(d) for products in respect of which the export formalities and departure
from the customs territory of the Community took place in theMember State where the final processingtook place and in whichthe security was lodged, by the document or documents, laid downby this member State for proof of exportation and by the documentsreferred to under (a) and/or (b), if these cover the processing.
Article 5
1. Where a security is required in order to guarantee the proper use
and/or destination of the products referred to in Article 1, it shall belodged prior to taking over of the products. Such security shall belodged:
— in the case of products to be processed or to be processed and
exported, with the intervention agency of the Member State inwhich processingis to take place or to commence,
— in all other cases, with the sellingintervention ag ency.
2. Where a security is lodged with the intervention agency of a
Member State other than that where the sellingintervention ag ency issituated, the former shall forthwith forward to the sellinginterventionagency a communication in writing, showing:
— the number of the relevant regulation,
— the date and/or number of tender/sale,— the contract number,— the name of the buyer,— the amount of the security in ecus,— the product,— the quantity of products,— the date on which the security was lodged,— the use and/or destination (where appropriate).
The sellingintervention ag ency shall check the security data.
Article 6
1. Where the prescribed provisions on the use and/or destination
cannot be complied with as a result of force majeure , the authority of
the Member State in which the security was lodged or, if no securitywas lodged, the authority in the Member State in which the removalfrom intervention stock took place shall, at the request of the personconcerned, decide:
(a) that the time limit prescribed for the transaction shall be extended
for such period as may be considered necessary in view of thecircumstances invoked;
1992R3002 — EN — 01.01.1993 — 001.001 — 7
▼B
or
(b) if the products have been irretrievably lost, that control shall be
deemed to have been carried out.
However, in those cases of force majeure where the measures referred
to in (a) and (b) are not appropriate, the competent authority shallinform the Commission, which may provide for the necessary measuresunder the procedure laid down in Article 38 of Regulation No 136/66/EEC and in the correspondingArticles of the other reg ulations onthe common organization of the markets.
2. The request referred to in paragraph 1 shall be lodged within 30
days of that on which information was received by the personconcerned that circumstances indicatinga possible case of force
majeure had arisen, but within the period laid down in the specific
Regulation for producing the evidence needed to release the security.
3. The person concerned shall furnish proof of the circumstances
relied upon as constituting force majeure .
TITLE II
Products subject to a prescribed use or specific destination within
the Community
Article 7
1. Products shall be considered as havingcomplied with the
prescribed use and/or destination when it is established that:
(a) in respect of products to be processed and/or to have other products
incorporated in them, both such types of operation beinghereinf-after referred to as ‘processing', they have been processed;
(b) in respect of products to be sold for direct consumption as concen-
trated products, they have been concentrated, packaged for retailsale and taken over by the retail trade;
(c) in respect of products to be consumed by certain institutions or
organizations or by the army and similar forces, they have beendelivered to and taken over by them;
and, where appropriate, that the operations referred to in (a), (b) and (c)
have been carried out within the prescribed period.
2. The requirements mentioned under 1 (a), (b) and (c) shall consti-
tute primary requirements within the meaningof Article 20 of Commis-sion Regulation (EEC) No 2220/85 (
1).
Article 8
1. Where the control cop yT5i sused, boxes 103, 104, 106 and 107
of the part headed ‘Additional information' shall be completed.
Boxes 104 and 106 shall carry the endorsements specified in the rele-
vant regulation.
Box 106 shall also show:
— the number of the contract of sale with the intervention agency,
— and, where appropriate, the numer of the removal order,
Box 107 shall show the number of the relevant regulation.2. Where products are dispatched to a third Member State, the provi-
sions of Article 21 shall apply mutatis mutandis .
3. Where two or more operations take place successively in the same
Member State, the provisions of Article 22 shall apply mutatis
mutandis.
(1) OJ No L 205, 3. 8. 1985, p. 5.
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Article 9
Release of the security shall be subject to production of the proof
referred to in Article 4.
Article 10
Where a control cop yT5i sn o t received by the agency referred to in
Article 3 (2) within three months
— of expiry of the period fixed for completion of the transaction in
question,
or
— of its issue, where no such period is fixed,
owingto circumstances beyond the control of the party concerned, the
latter may make application to the competent authorities for otherdocuments to be accepted as equivalent, statingthe g rounds for suchapplication and furnishingsupportingdocuments. Such supportingdocuments must bear a reference to the control cop y T 5 and include
confirmation from the competent control authority that verified the useof the products, or had it verified, that the specified use was compliedwith indicatingthe date on which the products have received the useand/or destination.
TITLE III
Products exported from the Community in the unaltered state
Article 11
1. Products shall be considered as havingcomplied with the
prescribed destination when it is established that:
(a) they have left the customs territory of the Community in the unal-
tered state; for the purposes of this Regulation deliveries of anyproducts intended solely for consumption on board drillingorextraction platforms, includingwork-points providingsupportservices for such operations, situated within the area of the Euro-pean continental shelf, or within the area of the continental shelf ofthe non-European part of the Community, but beyond a three-milezone startingfrom the base line used to determine the extent of aMember State’s territorial waters, shall be considered to have leftthe customs territory of the Community;
or
(b) in the case specified in Article 34 (1) of Commission Regulation
(EEC) No 3665/87 (
1), they have reached their destination;
or
(c) they have been placed in a victuallingwarehouse approved pursuant
to Article 38 of Regulation (EEC) No 3665/87;
or
(d) they have been cleared through customs for release for consumption
in a specific third country where products are to be imported intothat specific country;
and, where appropriate, that the operations referred to in (a) to (d) have
been carried out within the prescribed period.
2. The requirements laid down in 1 (a) to (d) shall constitute primary
requirements within the meaningof Article 20 of Reg ulation (EEC) No2220/85.
3. Where products have been placed in a victuallingwarehouse as
referred to at 1 (c), the provisions of Article 38 to 41 of Regulation(EEC) No 3665/87 shall apply, with the exception of Article 40 (3),even though no refund is applicable.
(1) OJ No L 351, 14. 12. 1987, p. 1.
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4. The provisions of the second subparagraph of Article 4 (3) of
Regulation (EEC) No 3665/87 shall apply.
Article 12
1. Where intervention products are to be exported in the unaltered
state, acceptance by the customs authorities of the export declarationshall take place in the Member State where the products were removedfrom stock.
2. The export declaration and any accompanyingdocuments required
in conformity with Community legislation shall, as the case may be,carry the entry:
— ‘Intervention products with refund — Regulation (EEC) No 3002/
92',
or
— ‘Intervention products without refund — Regulation (EEC) No
3002/92'.
3. Even where no refund is applicable to the products to be exported,
they shall, upon acceptance of the relevant export declaration, beconsidered to be no longer covered by Article 9 (2) of the Treaty andthe provisions of Article 3 (2) (c) of Council Regulation (EEC) No2726/90 (
1) shall apply to their movement.
4. The conditions as regards the time-limit to be respected for the
grant of a refund and the proof to be produced for this purpose areapplicable as far as the release of the security is concerned.
Article 13
1. Where the control cop yT5i sused, boxes 103, 104, 106, 107 and
where appropriate, 105 of the part headed ‘Additional information'shallbe completed.
Boxes 104 and 106 shall carry the endorsements specified in the rele-
vant regulation.
Box 106 shall also show:
— the number of the contract of sale with the intervention agency,
and
— the number of the removal order.
Box 107 shall show the number of the relevant regulation.2. Where the control cop y T 5 provingthe exportation of g oods is
requested for release of the security referred to in Article 5 and forpayment of the refund, the competent authority holdingthe securityshall immediately send a copy of the control copy T 5, certified as beinga true copy, direct to the authority competent for payment of the refund.
In that case the person concerned shall make the followingentry in box
106 of the control copy T 5: ‘Refund to be paid by … (indicatingthefull name and address of the authority competent for payment of therefund)'.
3 Where it has not been possible to comply with the 12-month time
limit for the proof of exportation for the payment of refund in accord-ance with Article 47 (2) of Regulation (EEC) No 3665/87 because ofadministrative delays in the forwardingof the control cop yT5b yt h e
agency holding the security to the authority competent for the paymentof the refund, the date of receipt by the security agency shall also bedeemed to be the date of receipt by the refund authority.
(1) OJ No L 262, 26. 9. 1990, p. 1.
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Article 14
1. Where, on acceptance by customs of the export declaration, prod-
ucts are placed under one of the procedures provided for in Title X,Chapter 1, of Regulation (EEC) No 1214/92 for carriage to a station ofdestination or delivery to a consignee outside the customs territory ofthe Community, they shall be deemed to have been exported as soon asthey are placed under that procedure.
2. When paragraph 1 applies, the customs office of departure
acceptingthe export declaration shall ensure that one of the endorse-ments indicated in, as appropriate, Article 7 (4) or (5) of Regulation(EEC) No 3665/87, is entered on the document issued as proof ofexport.
3. The customs office of departure may permit the contract of
carriage to be varied so that carriage ends within the Community only ifit is established either:
— that, if a security has been given to an intervention agency for the
purpose of ensuringthat export does take place, this security has notbeen released,
or
— that a new security has been given.
However, if the security has been released pursuant to paragraph 1 and
the product has not in fact left the customs territory of the Communitywithin the period allowed, the customs office of departure shall soinform the agency responsible for releasing the security and shallprovide it as soon as possible with all the necessary particulars. In suchcases the release shall be regarded as having been made in error and anequivalent amount must be recovered.
Article 15
Release of the security shall be subject to production of the proof
referred to in Article 4, and
— where the products are to be imported into a specific third country,
or
— where, in cases where the products are to be exported from the
Community, serious doubts exist about the true destination,
to production of the proof specified in Articles 17 and 18 of Regulation
(EEC) No 3665/87.
The competent authorities of the Member States may require satisfac-
tory additional proof that the products have in fact been placed on themarket in the importingthird country.
Where there are serious doubts as to the real destination of the products,
the Commission may request Member States to apply the provisions ofthis Article.
Article 16
1. Where the provisions of Article 2 (2) of Council Regulation (EEC)
No 754/76 (
1) apply:
— the security referred to in Article 5 (1) shall be forfeited if it has not
yet been released,
— an amount equivalent to the security must be recovered if the latter
has already been released.
2. Where products for which a security as referred to in Article 5 (1)
has been lodged leave the customs territory of the Community and theformalities for obtaininga refund have not been completed, thoseformalities shall, for the purposes of application of Regulation (EEC)
(1) OJ No L 89, 2. 4. 1976, p. 1.
1992R3002 — EN — 01.01.1993 — 001.001 — 11
▼B
No 754/76, be deemed to have been completed and paragraph 1 shall
apply.
3. The amount of the security referred to in paragraphs 1 and 2 shall
be regarded as a forfeited security within the meaning of Article 2 ofCouncil Regulation (EEC) No 352/78 (
1).
4. The person concerned shall prove to the competent authority, by
means of a certificate issued by the intervention agency concerned, thatthe provisions of paragraph 1 have been complied with or that nosecurity was provided.
Article 17
Where a control cop y T 5 intended to act as proof that products have
complied with the prescribed destination referred to in Article 11 (1) isnot received by the agency referred to in Article 3 (2) within threemonths of its issue owingto circumstances beyond the control of theparty concerned, the latter may, in accordance with the provisions ofArticle 47 (3) of Regulation (EEC) No 3665/87, submit to thecompetent authority a reasoned request that other documents beregarded as equivalent.
TITLE IV
Products exported from the Community after processing
Article 18
Products shall be considered as havingcomplied with the prescribed use
and destination when it is established that the requirements of Articles 7and 11 have been met.
Article 19
Where products are to be exported after processing, acceptance by the
customs authorities of the export declaration shall take place in theMember State where final processingtakes place.
Article 20
1. Where products are to be dispatched in the unaltered state for
processingfollowed by exportation, the control cop y T 5 shall be issued
by the sellingintervention ag ency and boxes 103, 104, 106 and 107 ofthe part headed ‘Additional information' shall be completed.
Boxes 104 and 106 shall carry the endorsements specified in the rele-
vant regulation.
Box 106 shall also show:
— the number of the contract of sale with the intervention agency,
— where appropriate, the number of the removal order, and— the endorsement ‘Products from intervention to be placed on expor-
tation under the external Community transit procedure'.
Box 107 shall show the number of the relevant regulation.2. (a) Where products are to be dispatched after processingin the
Member State in which the removal from intervention stock tookplace, for further processingfollowed by exportation, the controlcopy T 5 shall be issued by the authority verifyingtheprocessing.
(b) In that part of the control cop y T 5 headed ‘Additional informa-
tion', boxes 103, 104, 106 and 107 shall be completed.
Boxes 104 and 106 shall carry the endorsements specified in the
relevant regulation.
(1) OJ No L 50, 22. 2. 1978, p. 1.
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▼B
Box 106 shall also show:
— the number of the contract of sale with the intervention
agency, and
— the endorsement ‘Products from intervention to be placed on
exportation under the external Community transit procedure'.
Box 107 shall show the number of the relevant regulation.
3. (a) Where products are to be exported after processingand are to
cross the territory of one or more other Member State(s), thecontrol cop y T 5 shall be issued by the customs office of
departure on production of a document issued by the authorityverifiyingthe processing . That document shall be kept by thecustoms office of departure.
However, production of the document shall not be required in
cases where the customs office of departure has verified therelevant processing.
(b) In that part of the control cop y T 5 headed ‘Additional informa-
tion',boxes 103, 104, 106 and 107 and where appropriate, 105shall be completed.
Boxes 104 and 106 shall carry the endorsements specified in the
relevant regulation.
Box 106 shall also show:— the number of the contract of sale with the intervention
agency, and
— where appropriate, the number of the document referred to at
(a).
Box 107 shall show the number of the relevant regulation.
4. Where the control cop y T 5 provingexportation of the g oods is
requested for release of the security referred to in Article 5 and forpayment of the refund, the competent authority holdingthe securityshall immediately send a copy of the control copy T 5, certified as beinga true copy, direct to the authority competent for payment of the refund.
In that case the person concerned shall make the followingentry in box
106 of the control copy T 5:
‘Refund to be paid by …' (indicatingthe Member State and the full
name and address of the authority competent for the payment of therefund).
Article 21
1. Where products have been dispatched to another Member State for
processingand the processed products:
— are to be sent to a third Member State or another Member State for
furhter processing,
or
— are to cross the territory of a third Member State or other Member
State in order to be exported,
then the competent authority referred to in Article 20 (2) or (3), as
appropriate, shall issue one or more control copies T 5.
The control copy or copies T 5 shall be completed:
— where the first indent of the first subparagraph applies, as indicated
in Article 20 (2) (b),
— where the second indent of the first subparagraph applies, as indi-
cated in Article 20 (3) (b),
using the information given in the original control copy T 5. In addition,
in box 106 of the control copy or copies T 5 there shall be entered theregistration number and date of issue of the preceding document and thename of the authority that issued it.
2. In the case referred to under paragraph 1, the competent authority
which verified the operation shall, after the appropriate endorsement,immediately return the original control cop y T 5 directly to the agency
1992R3002 — EN — 01.01.1993 — 001.001 — 13
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referred to in Article 3 (2) and shall indicate on the original control
c o p yT5i nt h eb o x headed ‘Control of use and/or destination',that the
product has been dispatched to another Member State for furtherprocessing, packaging, taking over or export. The original control copyT 5 shall show the registration number or numbers of or a reference tothe control copies T 5 issued for that purpose.
3. The document referred to in Article 4 (a) shall carry similar
endorsements to those provided for in paragraph 2.
Article 22
1. Where two or more operations, except exportation, (such as:
processing, packaging, taking- over) 212,2 take place successively inthe same Member State, this Member State may decide that theseoperations are considered one operation. In this case no followingcontrol cop y T 5 shall be issued until all involved operations have been
carried out.
The original control cop y T 5 shall be returned to the agency referred to
in Article 3 (2) after the controls of all operations involved have beencarried out. Member States shall take all appropriate measures to ensurethe proper workingof such system.
2. Where Member States decide not to follow the procedure referred
to under paragraph 1, the competent authority shall after each operationsubsequently issue a control copy T 5. The competent authority whichverified the operation shall indicate on the control cop yT5i nt h eb o x
headed ‘Control of use and/or destination'that the product has been sentwithin the same Member State for further processing, packaging, takingover or export. The original control cop y T 5 shall show the registration
number or numbers of or a reference to the control copies T5 issued forthat purpose.
3. The document referred to in Article 4 (a) shall carry similar
endorsements to those provided for in paragraph 2.
Article 23
The provisions of Articles 10, 12 (2) to (4), 13 (3) and 14 to 17 shall be
applicable to this Title.
TITLE V
Final provisions
Article 24
1. Member States shall inform the Commission of the full name and
address of competent control authorities as referred to in Article 2 (1).The Commission shall inform the other Member States.
2. Member States shall inform the Commission every quarter of
cases in which they have applied Article 6 (1), specifyingthe circum-stances invoked, the quantities involved and the measures taken.
3. Member States shall on 1 March and 1 September each year send
returns to the Commission showingthe number of applications madepursuant to Article 10 or 17, the reasons, where known, for failure toreturn the control copy T 5, the quantities concerned and the nature ofthe documents accepted as equivalent.
Article 25
1. Regulation (EEC) No 569/88 is hereby repealed. It shall, however,
remain applicable to operations for which the removal from interventionstock took place by 31 December 1992.
The Annex to Regulation (EEC) No 569/88 shall remain valid for a
transitional period duringwhich the specific Community acts still referthereto. Where that Annex refers to the single administrative documentor to the document provingthe Community status of the products as
1992R3002 — EN — 01.01.1993 — 001.001 — 14
▼B
mentioned in Article 2 (4) of Regulation (EEC) No 569/88, the refer-
ence shall be construed as to the control copy T 5.
2. For transactions pursuant to Article 2 (3) for which the removal
from intervention stocks takes place by 31 December 1992 at the latestand for which the prescribed use and/or destination are likely to becomplied with on or after 1 January 1993, the documents accompanyingthe products shall show one of the followingendorsements:
— Aplicación del procedimiento establecido en el Reglamento (CEE)
no 569/88
— Anvendelsesprocedure forordning(EØF) nr. 569/88— Anwendungdes Verfahrens g emäß der Verordnung(EWG) Nr.
569/88
—Εφαρµογή της διαδικασίας του κανονισµού (ΕΟΚ)αριθ. 569/
88
— Application of Procedure under Regulation (EEC) No 569/88— Application de la procédure du règlement (CEE) n
o569/88
— Applicazione del procedimento secondo il regolamento (CEE) n.
569/88
— Toepassingprocedure Verordening(EEG) nr. 569/88— Aplicação do procedimento previsto no Regulamento (CEE) n
o569/
88.
Article 26
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
The provisions of this Regulation shall apply to products removed from
intervention stock on or after 1 January 1993. However, the provisionsof Article 25 (2) shall apply from 1 November 1992.
Notwithstandingthe provisions of Article 25, all Community acts refer-
ringto Commission Reg ulation (EEC) No 1687/76 (
1) or Regulation
(EEC) No 569/88 or to Articles thereof shall be construed as referringto this Regulation or to the corresponding Articles thereof.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 190, 14. 7. 1976, p. 1.