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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 .

( 3 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 .

( 4 ) OJ NO L 163 , 28 . 6 . 1980 , P . 35 .

( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 .

( 6 ) SEE PAGE 11 OF THIS OFFICIAL JOURNAL .

COMMISSION REGULATION ( EEC ) NO 2675/80

OF 17 OCTOBER 1980

AMENDING REGULATION ( EEC ) NO 1687/76 LAYING DOWN COMMON DETAILED RULES FOR VERIFYING THE USE AND/OR DESTINATION OF PRODUCTS FROM INTERVENTION

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1917/80 ( 2 ), AND IN PARTICULAR ARTICLES 12 ( 4 ) AND 26 ( 3 ) THEREOF , AND THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN RESPECT OF AGRICULTURAL PRODUCTS ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1687/76 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1649/80 ( 4 ), PRESCRIBES THE PROVISIONS TO BE APPLIED WHEN PRODUCTS SUBJECT TO A SPECIFIC USE AND/OR DESTINATION ARE REMOVED FROM INTERVENTION STOCK ;

WHEREAS ARTICLE 26 OF COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2674/80 ( 6 ), PROVIDES FOR THE ADVANCE PAYMENT OF REFUNDS WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE ; WHEREAS IN SUCH CASES THE WAREHOUSE-KEEPER MUST UNDERTAKE TO USE THE PRODUCTS AS SUPPLIES FOR VICTUALLING WITHIN THE COMMUNITY ; WHEREAS SUCH SUPPLIES ARE TREATED AS EXPORTS FOR REFUND PURPOSES ; WHEREAS PRODUCTS FROM INTERVENTION SHOULD BE CONSIDERED AS EXPORTED WHEN BEING PLACED IN SUCH WAREHOUSES ;

WHEREAS IT MIGHT HAPPEN THAT PRODUCTS FOR VICTUALLING WILL NOT REACH THEIR DESTINATION ; WHEREAS IN SUCH CASES A FIXED AMOUNT SHOULD BE PAID ; WHEREAS PROVISIONS OF ARTICLE 28 OF REGULATION ( EEC ) NO 2730/79 WILL APPLY IN CASES WHERE AN EXPORT REFUND HAS BEEN PAID IN ADVANCE ; WHEREAS IN CASES WHERE NO REFUND IS APPLICABLE , THE SELLING PRICE IS SUPPOSED TO REFLECT THIS CONDITION AND SUCH PRODUCTS ARE THEREFORE IN A POSITION SIMILAR TO THOSE HAVING BENEFITED FROM AN EXPORT REFUND ; WHEREAS FOR SUCH PRODUCTS THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHOULD APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 );

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF ALL THE RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 3 ( 1 ) ( A ) SHALL BE REPLACED BY THE FOLLOWING :

' ( A ) IN RESPECT OF PRODUCTS TO BE EXPORTED , EITHER IN THE SAME STATE OR AFTER PROCESSING , THEY HAVE :

1 . LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS DEFINED IN ARTICLE 9 ( 2 ) OF REGULATION ( EEC ) NO 2730/79 ; OR

2 . IN THE CASE SPECIFIED IN ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 2730/79 , REACHED THEIR DESTINATION ; OR

3 . BEEN PLACED IN A VICTUALLING WAREHOUSE APPROVED PURSUANT TO ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 ; OR

4 . AS REGARDS PRODUCTS OF THE CEREALS SECTOR , BECOME UNFIT FOR HUMAN AND ANIMAL CONSUMPTION . '

2 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 3 :

' 3 . WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE AS REFERRED TO IN PARAGRAPH 1 ( A ) ( 3 ), THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHALL APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 ) EVEN THOUGH NO REFUND IS APPLICABLE .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL ON REQUEST APPLY WITH EFFECT FROM 1 JANUARY 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 17 OCTOBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT