****

( 1 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 .

( 3 ) OJ NO L 146 , 2 . 6 . 1978 , P . 19 .

( 4 ) OJ NO L 139 , 30 . 5 . 1975 , P . 37 .

( 5 ) OJ NO L 221 , 12 . 8 . 1978 , P . 14 .

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

( 7 ) OJ NO L 327 , 20 . 12 . 1977 , P . 23 .

COMMISSION REGULATION ( EEC ) NO 2117/78

OF 7 SEPTEMBER 1978

AMENDING REGULATION ( EEC ) NO 1380/75 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

WHEREAS COUNCIL DIRECTIVE 78/453/EEC OF 22 MAY 1978 ( 3 ) CONTAINS RULES ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENT OF IMPORT DUTIES OR EXPORT DUTIES ; WHEREAS IT IS APPROPRIATE TO PROVIDE IN RESPECT OF MONETARY COMPENSATORY AMOUNTS IN INTRA-COMMUNITY TRADE , WHICH ARE OUTSIDE THE SCOPE OF THE DIRECTIVE , RULES SIMILAR TO THOSE LAID DOWN IN THE DIRECTIVE ;

WHEREAS IN CERTAIN MEMBER STATES A MONETARY COMPENSATORY AMOUNT IS CHARGED AS AN EXPORT DUTY ON SOME PRODUCTS AND FOR THE SAME PRODUCT AN EXPORT REFUND MAY BE GRANTED ; WHEREAS SUCH CHARGES MAY WHERE APPROPRIATE BE PARTLY OR WHOLLY OFFSET UNDER ARTICLE 4A ( 1 ) ( B ) OF REGULATION ( EEC ) NO 974/71 BY THE EXPORT REFUND ;

WHEREAS COMMISSION REGULATION ( EEC ) NO 1380/75 OF 29 MAY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1947/78 ( 5 ), AND IN PARTICULAR ARTICLE 6 THEREOF , ESTABLISHED THE MONETARY COMPENSATORY AMOUNT DUE ON THE COMPLETION OF EXPORT FORMALITIES ; WHEREAS THE AMOUNT DUE IS THE AMOUNT BY WHICH THE MONETARY COMPENSATORY AMOUNT EXCEEDS THE REFUND ; WHEREAS IT IS APPROPRIATE TO REQUIRE SECURITY IN RESPECT OF THE AMOUNTS NOT DUE ;

WHEREAS THE AMOUNT OF THE REFUND TO BE PAID IS NOT ALWAYS ESTABLISHED AT THE TIME OF EXPORTATION BUT IS DEPENDENT UPON THE PRODUCTION OF THE PROOF REQUIRED BY ARTICLES 4 , 6 AND 11 OF REGULATION ( EEC ) NO 192/75 OF 17 JANUARY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2838/77 ( 7 ), OR BY THE APPROPRIATE ARTICLES IN THE REGULATION CONTAINING SPECIAL PROVISIONS FOR THE GRANTING OF THE EXPORT REFUND ; WHEREAS , PENDING THE PRODUCTION OF THIS PROOF , THE FULL MONETARY COMPENSATORY AMOUNT SHOULD BE SECURED ; WHEREAS IT IS NECESSARY TO RELEASE THIS SECURITY ON PRODUCTION OF THE REQUIRED PROOF ;

WHEREAS THE AMOUNT OF THE SECURITY IS CALCULATED BY REFERENCE TO THE AMOUNT BY WHICH THE MONETARY COMPENSATORY AMOUNT IS REDUCED ; WHEREAS , IF THIS REDUCTION OF THE MONETARY COMPENSATORY AMOUNT HAS NOT BEEN JUSTIFIED BY THE PRODUCTION OF THE REQUIRED PROOF WITHIN THE TIME LIMITS PRESCRIBED , THE SECURITY SHOULD BE FORFEITED ;

WHEREAS IF THE PAYMENT OF THAT PART OF THE EXPORT DUTY , WHICH WAS SECURED BUT WHICH HAS BECOME PAYABLE , HAS BEEN DEFERRED IN EXCESS OF THE PERIOD ALLOWED IN DIRECTIVE 78/453/EEC , THE PROVISIONS OF ARTICLE 7 THEREOF MAY BE APPLIED ;

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 1380/75 IS AMENDED AS FOLLOWS :

1 . THE FOLLOWING PARAGRAPHS ARE ADDED TO ARTICLE 6 :

' 3 . IF THE MONETARY COMPENSATORY AMOUNT CHARGED AT EXPORTATION IS , IN ACCORDANCE WITH ARTICLE 4A ( 1 ) ( B ) OF REGULATION ( EEC ) NO 974/71 , DEDUCTED FROM THE EXPORT REFUND , THE AMOUNT BY WHICH THE EXPORT REFUND IS REDUCED MUST , AT THE TIME OF COMPLETION OF CUSTOMS EXPORT FORMALITIES , BE COVERED BY AN APPROPRIATE SECURITY .

IN THOSE CASES WHERE THE MONETARY COMPENSATORY AMOUNT EXCEEDS THE EXPORT REFUND AND THE PROVISIONS OF PARAGRAPH 1 ARE APPLIED , THE AMOUNT BY WHICH THE MONETARY COMPENSATORY AMOUNT IS REDUCED MUST , AT THE TIME OF COMPLETION OF CUSTOMS EXPORT FORMALITIES , BE COVERED BY AN APPROPRIATE SECURITY .

THE SECURITY MAY BE ON THE BASIS OF EACH TRANSACTION OR OF A NUMBER OF TRANSACTIONS .

4 . THE APPROPRIATE SECURITY PROVIDED FOR IN PARAGRAPH 3 SHALL BE DETERMINED HAVING REGARD TO THE AMOUNT OF THE REDUCTION OF THE EXPORT REFUND OR THE MONETARY COMPENSATORY AMOUNT , AS APPROPRIATE .

HOWEVER , A SECURITY NEED NOT BE REQUIRED IF :

( A ) - THE EXPORT REFUND IS THE SAME FOR ALL DESTINATIONS , OR

- THE LOWEST EXPORT REFUND IS IN EXCESS OF THE MONETARY COMPENSATORY AMOUNT , AND ;

( B ) - THE PRODUCTS ARE PLACED UNDER THE COMMUNITY TRANSIT SYSTEM , OR AN EQUIVALENT SYSTEM , FOR EXPORTATION TO A THIRD COUNTRY , OR

- THE PRODUCTS ARE PLACED UNDER A NATIONAL ADMINISTRATIVE SYSTEM WHICH ENSURES THEIR EXPORTATION TO A THIRD COUNTRY FROM THE MEMBER STATE IN WHICH CUSTOMS EXPORT FORMALITIES HAVE BEEN COMPLETED .

5 . ON PRODUCTION OF THE PROOF REQUIRED BY ARTICLE 4 AND , AS APPROPRIATE , ARTICLES 6 AND 11 OF REGULATION ( EEC ) NO 192/75 OR THE APPROPRIATE ARTICLES IN THE REGULATIONS CONTAINING SPECIAL PROVISIONS FOR THE GRANTING OF THE EXPORT REFUND FOR THE PARTICULAR PRODUCTS , THE SECURITY IS TO BE RELEASED IN PROPORTION TO THE REFUND THAT WOULD HAVE BEEN GRANTED AGAINST THAT PROOF IF THE MONETARY COMPENSATORY AMOUNT HAD NOT BEEN CHARGEABLE .

IF ANY OF THE PROOFS REQUIRED HAVE NOT BEEN FURNISHED WITHIN THE TIME LIMITS PRESCRIBED , THE PROPORTION NOT RELEASED BY REASON OF THE ABSENCE OF SUCH PROOFS SHALL BE FORFEITED . HOWEVER , THE SECURITY SHALL NOT BE FORFEITED IN CASES WHERE THE PROOF IS FURNISHED WITHIN ANY PERIOD BY WHICH THE ORIGINAL PERIOD HAS BEEN EXTENDED .

IN THOSE CASES WHERE THE SECURITY IS FORFEITED , LATE PAYMENT OF THE AMOUNT GUARANTEED BY THE SECURITY SHALL BE CONSIDERED AS A FURTHER PAYMENT FACILITY WITHIN THE MEANING OF ARTICLE 7 OF DIRECTIVE 78/453/EEC OF 22 MAY 1978 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING DEFERRED PAYMENTS OF IMPORT DUTIES OR EXPORT DUTIES ( 1 ). THIS FACILITY SHALL BE CONSIDERED AS HAVING BEEN GRANTED FROM THE LATEST DATE UPON WHICH THE MONETARY COMPENSATORY AMOUNT WOULD HAVE BEEN PAID , UNDER THE PROVISIONS OF THE DIRECTIVE , IF ARTICLE 4A ( 1 ) ( B ) OF REGULATION ( EEC ) NO 974/71 HAD NOT BEEN APPLIED .

( 1 ) OJ NO L 146 , 2 . 6 . 1978 , P . 19 . '

2 . THE FOLLOWING ARTICLE IS INSERTED :

' ARTICLE 16A

FOR MONETARY COMPENSATORY AMOUNTS WHICH FALL DUE IN TRADE BETWEEN MEMBER STATES , PAYMENT SHALL , AT THE REQUEST OF THE PARTY CONCERNED , BE DEFERRED FOR THE PERIOD ALLOWED AND UNDER THE CONDITIONS LAID DOWN BY DIRECTIVE 78/453/EEC . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .

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

DONE AT BRUSSELS , 7 SEPTEMBER 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT