****

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 188 , 26 . 7 . 1979 , P . 1 .

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

( 4 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 5 ) OJ NO L 226 , 6 . 9 . 1979 , P . 13 .

COMMISSION REGULATION ( EEC ) NO 2971/79

OF 21 DECEMBER 1979

AMENDING REGULATION ( EEC ) NO 193/75 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1547/79 ( 2 ), AND IN PARTICULAR ARTICLES 12 ( 2 ), 15 ( 5 ) AND 16 ( 6 ) THEREOF , AND THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKETS FOR AGRICULTURAL PRODUCTS ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2730/79 ( 3 ) CONSOLIDATED THE RULES CONCERNING THE APPLICATION OF EXPORT REFUNDS AND MADE CERTAIN ADJUSTMENTS TO THEM , IN PARTICULAR WITH REGARD TO THE EXPORTATION PERIOD ; WHEREAS THE CORRESPONDING AMENDMENTS SHOULD BE MADE TO COMMISSION REGULATION ( EEC ) NO 193/75 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1955/79 ( 5 );

WHEREAS , IN ORDER TO SIMPLIFY ADMINISTRATIVE PROCEDURES , NO IMPORT OR EXPORT LICENCE IS REQUIRED WHERE , SUBJECT TO DEROGATIONS FOR CERTAIN SECTORS , THE QUANTITY TO BE IMPORTED OR EXPORTED CORRESPONDS TO A SECURITY OF 5 ECU OR LESS ; WHEREAS THE PRACTICAL IMPLEMENTATION OF THIS PROVISION WOULD BE FURTHER SIMPLIFIED IF THE MAXIMUM QUANTITY RESULTING WERE ALWAYS A ROUND FIGURE ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 193/75 IS HEREBY AMENDED AS FOLLOWS :

1 . THE FIRST INDENT OF ARTICLE 4 ( 3 ) IS REPLACED BY THE FOLLOWING :

' - AS SPECIFIED IN ARTICLE 5 OR 26 OF REGULATION ( EEC ) NO 2730/79 , OR ' .

2 . THE FOLLOWING IS ADDED TO THE THIRD INDENT OF ARTICLE 4 ( 3 ):

' HOWEVER , IF THE QUANTITY IN KILOGRAMS CORRESPONDING TO 5 ECU IS NOT A MULTIPLE OF 50 , THE SECURITY LIMIT SHALL BE DEEMED TO BE SUCH THAT THE QUANTITY IN KILOGRAMS EQUALS THE MULTIPLE OF 50 NEXT ABOVE . '

3 . IN ARTICLE 4 ( 4 ) ( A ) THE REFERENCE ' SECTION II ( B ) ( 2 ) ' IS REPLACED BY ' SECTION II ( C ) ( 2 ) ' .

4 . IN ARTICLE 4B ( 3 ) ( B ), ' 45 DAYS ' IS REPLACED BY ' 60 DAYS ' .

5 . THE SECOND AND THIRD SUBPARAGRAPHS OF ARTICLE 9 ( 3 ) ARE REPLACED BY THE FOLLOWING :

' COPY NO 1 OF THE LICENCE OR CERTIFICATE SHALL BE SUBMITTED TO THE OFFICE RESPONSIBLE FOR COMPLETING :

( A ) IN THE CASE OF AN IMPORT LICENCE OR OF A CERTIFICATE OF ADVANCE FIXING OF THE LEVY , CUSTOMS IMPORT FORMALITIES ;

( B ) IN THE CASE OF AN EXPORT LICENCE OR OF A CERTIFICATE OF ADVANCE FIXING OF THE REFUND , THE CUSTOMS FORMALITIES RELATING TO :

- EXPORTATION FROM THE COMMUNITY , OR

- ONE OF THE SUPPLIES AS SPECIFIED IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 , OR

- THE PLACING OF PRODUCTS UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 , OR

- THE PLACING OF PRODUCTS UNDER ONE OF THE PROCEDURES PROVIDED FOR IN ARTICLES 2 AND 3 OF REGULATION ( EEC ) NO 441/69 .

AFTER ATTRIBUTION AND ENDORSEMENT BY THE OFFICE REFERRED TO IN THE PRECEDING SUBPARAGRAPH , COPY NO 1 OF THE LICENCE OR CERTIFICATE SHALL BE RETURNED TO THE PARTY CONCERNED . '

6 . ARTICLE 17 ( 2 ) ( B ) IS REPLACED BY THE FOLLOWING :

' ( B ) AS REGARDS EXPORTS , OF COMPLETION OF CUSTOMS FORMALITIES AS REFERRED TO IN ARTICLE 9 ( 3 ) ( B ) RELATING TO THE PRODUCTS CONCERNED ; FURTHERMORE :

- IN THE CASE OF AN EXPORT FROM THE COMMUNITY OR SUPPLIES AS SPECIFIED IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 , PROOF SHALL BE REQUIRED THAT THE PRODUCTS HAS , WITHIN 60 DAYS FROM THE DAY OF COMPLETION OF CUSTOMS EXPORT FORMALITIES ( FORCE MAJEURE EXCEPTED ), AS THE CASE MAY BE , EITHER LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 9 OF THAT REGULATION OR IN THE CASES SPECIFIED IN ARTICLE 5 OF THAT REGULATION REACHED ITS DESTINATION ,

- IN THE CASE OF THE PLACING OF PRODUCTS UNDER THE SYSTEM PROVIDED FOR IN ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 , PROOF SHALL BE REQUIRED THAT THE PRODUCT HAS , WITHIN 30 DAYS FROM THE DAY OF COMPLETION OF CUSTOMS FORMALITIES ( FORCE MAJEURE EXCEPTED ), BEEN PLACED IN A VICTUALLING WAREHOUSE . '

7 . ARTICLE 17 ( 4 ) IS REPLACED BY THE FOLLOWING :

' 4 . FURTHERMORE , IN THE CASE OF AN EXPORT FROM THE COMMUNITY OR OF SUPPLIES TO A DESTINATION SPECIFIED IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 OR THE PLACING OF PRODUCTS UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 26 OF THAT REGULATION , ADDITIONAL PROOF SHALL BE REQUIRED .

SUCH ADDITIONAL PROOF :

( A ) SHALL BE LEFT TO THE CHOICE OF THE MEMBER STATE CONCERNED WHERE :

- THE ISSUE OF THE LICENCE OR CERTIFICATE , AND

- THE COMPLETION OF CUSTOMS FORMALITIES AS REFERRED TO IN ARTICLE 9 ( 3 ) ( B ), AND

- DEPARTURE OF THE PRODUCT FROM THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 9 OF REGULATION ( EEC ) NO 2730/79 OR ARRIVAL AT A DESTINATION SPECIFIED IN ARTICLE 5 OF THAT REGULATION OR THE PLACING OF PRODUCTS IN THE VICTUALLING WAREHOUSE REFERRED TO IN ARTICLE 26 OF THAT REGULATION ,

TAKE PLACE WITHIN THE SAME MEMBER STATE ;

( B ) SHALL IN ALL OTHER CASES BE FURNISHED BY PRODUCTION OF A COPY OR COPIES OF THE CONTROL COPY PROVIDED FOR IN ARTICLE 10 OF REGULATION ( EEC ) NO 223/77 .

A COPY OR A PHOTOCOPY , CERTIFIED BY THE COMPETENT AUTHORITY , OF SUCH CONTROL COPY OR COPIES SHALL BE DELIVERED OR SENT TO THE PARTY CONCERNED WITHOUT DELAY FOR PRODUCTION TO THE ISSUING AGENCY . WHERE THE ISSUE OF THE LICENCE OR CERTIFICATE AND COMPLETION OF FORMALITIES AS REFERRED TO IN ARTICLE 9 ( 3 ) ( B ) BOTH TAKE PLACE WITHIN THE SAME MEMBER STATE , THAT MEMBER STATE MAY PROVIDE FOR THE COPY OR PHOTOCOPY TO BE SUBMITTED TO THE ISSUING AGENCY THROUGH OFFICIAL CHANNELS . '

8 . IN THE FIRST SUBPARAGRAPH OF ARTICLE 17 ( 5 ), THE ENDORSEMENTS LISTED ARE REPLACED BY THE FOLLOWING :

' DEPARTURE FROM THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY UNDER THE SIMPLIFIED COMMUNITY RAIL TRANSIT PROCEDURE ' ;

' UDFOERT FRA FAELLESSKABETS GEOGRAFISKE OMRAADE I HENHOLD TIL ORDNINGEN FOR DEN FORENKLEDE PROCEDURE FOR FAELLESSKABSFORSENDELSE MED JERNBANE ' ;

' VERLASSEN DES GEOGRAPHISCHEN GEBIETS DER GEMEINSCHAFT IM VEREINFACHTEN GEMEINSCHAFTLICHEN EISENBAHNVERSANDVERFAHREN ' ;

' SORTIE DU TERRITOIRE GEOGRAPHIQUE DE LA COMMUNAUTE SOUS LE REGIME DE TRANSIT COMMUNAUTAIRE SIMPLIFIE PAR FER ' ;

' USCITA DAL TERRITORIO GEOGRAFICO DELLA COMUNITA IN REGIME DI TRANSITO COMUNITARIO SEMPLIFICATO PER FERROVIA ' ;

' UITGANG UIT HET GEOGRAFISCH GRONDGEBIED VAN DE GEMEENSCHAP ONDER DE REGELING VEREENVOUDIGD COMMUNAUTAIR DOUANEVERVOER PER SPOOR ' .

9 . ARTICLE 17 ( 6 ) IS REPLACED BY THE FOLLOWING :

' 6 . IF THE PARTY CONCERNED IS UNABLE , OWING TO CIRCUMSTANCES BEYOND HIS CONTROL , TO PRODUCE THE CONTROL COPY AS REFERRED TO IN PARAGRAPH 4 ( B ) WITHIN THREE MONTHS FOLLOWING ITS ISSUE , HE MAY MAKE APPLICATION TO THE COMPETENT AGENCY FOR OTHER DOCUMENTS TO BE ACCEPTED AS EQUIVALENT , STATING THE GROUNDS FOR SUCH APPLICATION AND FURNISHING SUPPORTING DOCUMENTS .

THE SUPPORTING DOCUMENTS TO BE SUBMITTED WITH THE APPLICATION SHALL BE THOSE SPECIFIED IN THE SECOND SUBPARAGRAPH OF ARTICLE 30 ( 2 ) OF REGULATION ( EEC ) NO 2730/79 . '

10 . ARTICLE 17 ( 8 ) ( B ) IS REPLACED BY THE FOLLOWING :

' ( B ) THE DAY ON WHICH CUSTOMS FORMALITIES AS REFERRED TO IN ( B ) OF THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 3 ) ARE COMPLETED MEANS :

- THE DAY ON WHICH THE CUSTOMS AUTHORITIES ACCEPT THE DOCUMENT BY WHICH THE DECLARANT STATES HIS INTENTION :

- TO EXPORT THE PRODUCTS IN QUESTION , AND WITH EFFECT FROM WHICH THOSE PRODUCTS ARE PLACED UNDER CUSTOMS CONTROL UNTIL THEY LEAVE THE COMMUNITY OR , IN A CASE AS SPECIFIED IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 , UNTIL THEY HAVE REACHED THEIR DESTINATION , OR

- TO PLACE THE PRODUCTS UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 , OR

- TO PLACE THE PRODUCTS UNDER ONE OF THE PROCEDURES PROVIDED FOR IN ARTICLES 2 AND 3 OF REGULATION ( EEC ) NO 441/69 ,

OR

- THE DAY ON WHICH OCCURS ANY OTHER ACT HAVING THE SAME EFFECT IN LAW AS SUCH ACCEPTANCE . '

11 . THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 1 ) IS REPLACED BY THE FOLLOWING :

' FOR THE PURPOSES OF THIS ARTICLE , THE ARMED FORCES REFERRED TO IN ARTICLE 5 ( 1 ) ( C ) OF REGULATION ( EEC ) NO 2730/79 SHALL BE REGARDED AS AN IMPORTING NON-MEMBER COUNTRY . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 APRIL 1980 .

HOWEVER , THE PROVISIONS :

- NECESSARY FOR THE APPLICATION OF THE PROVISIONS OF REGULATION ( EEC ) NO 2730/79 WHICH APPLY WITH EFFECT FROM 1 JANUARY 1980 , AND

- OF ARTICLE 1 ( 2 ) AND ( 3 ),

SHALL 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 , 21 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT