No C 22/10 Official Journal of the European Communities 24.1.85 
(a) all the surveys to be carried out in the following 
year (t + 1), specifying in particular the field of 
observation, the sampling plan, the questionnaires 
to be used and the anticipated statistical errors; 
(b) progress achieved in strengthening the technical 
and administrative apparatus both centrally and 
regionally; 
(c) experience gained from the implementation of the 
previous annual programme (t — 1), including 
progress made in the institution of the new survey 
system at regional level in each production sector, 
the statistical errors recorded and measures taken 
to increase the reliability of the results. At the 
same time, a report on the use of the Community 
contribution shall be submitted to the 
Commission. 
2. At the request of the Commission, the Greek 
Government shall provide, in accordance with 
paragraph 1, further information on the annual 
programme submitted. 
3. The Commission shall decide whether to 
approve the annual programme in accordance with 
the procedure laid down in Article 6. 
Article 5 
1. The Community shall contribute to the 
programme up to the amount of the appropriations in 
the budgets of the European Communities earmarked 
for this purpose and in accordance with the 
provisions of this Decision. The expenditure to be 
borne by the Community is estimated at 23 million 
ECU for the entire programme. 
2. The contribution shall be made available to the 
Greek Government in five yearly instalments after 
submission and approval of the annual programme 
referred to in Article 4(1). 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 43 and 235 thereof, 3. The annual distribution of the amount referred 
to in paragraph 1 shall depend on the progress made 
in the implementation of the programme. 
Article 6 
1. Where the procedure laid down in this Article is 
to be followed, the chairman shall refer to the 
Standing Committee on Agricultural Statistics, either 
on his own initiative or at the request of the repre­
sentative of a Member State. 
However, in matters covered by the current rules 
governing the operation of the FADN, the 
Committee set up under Article 17 of Regulation No 
79/65/EEC shall be called upon to deliver its opinion 
in accordance with Article 19 of that Regulation. 
2. The Commission representative shall submit a 
draft of the measures to be adopted. The Standing 
Committee on Agricultural Statistics shall deliver its 
opinion on the draft within a time limit which the 
chairman may lay down according to the urgency of 
the matters submitted for discussion. The opinion 
shall be delivered by a majority of 45 votes, the votes 
of the Member States being weighted as provided for 
in Article 148 (2) of the Treaty. The chairman shall 
not vote. 
The Commission shall adopt measures which shall 
apply immediately. However, if these measures are 
not in accordance with the opinion of the Standing 
Committee on Agricultural Statistics, they shall 
forthwith be communicated by the Commission. In 
that event the Commission may defer application of 
the measures which it has adopted for not more than 
one month from the date of such communication. 
The Council, acting by a qualified majority, may take 
a different decision within one month. 
Article 7 
This Decision is addressed to the Hellenic Republic. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, Proposal for a Council Regulation (EEC) amending for the third time Regulation (EEC) 
No 1430/79 on the repayment or remission of import or export duties 
COM(84) 737 final 
(Submitted by the Commission to the Council on 10 January 1985) 
(85/C 22/17) 
24.1.85 Official Journal of the European Communities No C 22/11 
Whereas, in accordance with Council Regulation 
(EEC) No 1430/79 (*), as last amended by Regu­
lation (EEC) No 918/83 (*), repayment or remission 
of import duties relating to goods in certain cases is 
conditional on the said goods being re-exported out 
of the customs territory of the Community, or 
destroyed, under the supervision of the competent 
authorities; 
Whereas, where the persons concerned have failed to 
comply with the procedural requirements, they may 
nevertheless apply for repayment or remission under 
Article 13 (2) of Regulation (EEC) No 1430/79, 
inserted into the said Regulation by Regulation 
(EEC) No 1672/82 (3); whereas, as the texts stand at 
present, the application for repayment or remission 
must be sent to the Commission which is alone 
authorized to decide; 
Whereas experience has shown that there is no reason 
why responsibility for deciding on such applications 
for repayment or remission cannot be assumed by the 
Member States themselves, provided it is established 
that, where the procedural requirements have not 
been observed, the substantive conditions laid down 
for the granting of repayment or remission have been 
met and that the circumstances are such that no 
deception or serious negligence may be attributed to 
the person concerned; 
Whereas experience has also shown that as much as 
possible must be done to ensure compliance with the 
procedural requirements of Regulation (EEC) No 
1430/79; whereas, in particular, applications for the 
repayment or remission of import duties relating to 
goods which have been re-exported, or destroyed, 
without the supervision of the competent authorities 
considerably complicate the task of the authorities, 
which are obliged to carry out investigations in order 
to satisfy themselves not only that the goods have 
actually been re-exported or destroyed, but also that 
they are the very same goods that were originally 
imported; whereas such investigations constitute an 
important administrative workload for the authorities 
for which the persons concerned are solely 
responsible; 
Whereas the most effective way of encouraging the 
persons concerned to comply with the procedural 
requirements of Regulation (EEC) No 1430/79 is to 
repay or remit import duties to less than the full 
amount applied for whenever goods are re-exported 
or destroyed without the competent authorities 
having been able to exercise supervision; whereas it is 
appropriate to set the proportion to be deducted — 
0) OJ No L 175, 12. 7. 1979, p. 1. 
(*) OJ No L 105, 23. 4. 1983, p. 1. 
O OJ No L 186, 30. 6. 1982, p. 1. the amount of which obviously retains the character 
of the Communities' own resources — at 10 % of the 
duties in question, the amount not to exceed a fixed 
limit; 
Whereas it is also necessary to set a time limit for 
submission of an application for the repayment or 
remission of an amount of import duties on the basis 
of Article 13; 
Whereas experience acquired since the entry into 
force of Regulation (EEC) No 1430/79 also shows 
that a further case must be added to Article 10, which 
lists the cases in which import duties shall be repaid 
or remitted where they relate to goods in a special 
situation, the added case being that of goods which, 
after having been released for free circulation, are 
found by the competent authorities not to have 
complied with the rules in force concerning their use 
or marketing at the time of their release and which 
therefore cannot be used for the purpose intended by 
the consignee; 
Whereas it has proved necessary to provide that the 
Community procedure for adopting the measures 
implementing Regulation (EEC) No 1430/79 be 
extended to the whole of that Regulation; 
Whereas it is necessary to stipulate that the provisions 
of Regulation (EEC) No 1430/79 shall apply without 
prejudice to Article 16 of Council Regulation (EEC) 
No 2176/84 of 23 July 1984 on protection against 
dumped or subsidized imports from countries not 
members of the European Economic Community (4). 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1430/79 is hereby amended as 
follows: 
1. The following Article 4a is inserted: 
'Article 4a 
1. Where goods entered in error for free circu­
lation have been exported out of the customs 
territory of the Community without having been 
previously entered, in accordance with Article 4 
(b), for the customs procedure under which they 
should have been placed, the import duties may 
nevertheless be repaid or remitted provided it is 
established that: 
(a) the other conditions laid down in Article 3 (2) 
and in Article 4 (a) have been met; 
(4) OJ No L 201, 30. 7. 1984, p. 1. 
No C 22/12 Official Journal of the European Communities 24.1.85 
(b) the circumstances are such that no deception 
or serious negligence may be attributed to the 
person concerned. 
2. Repayment or remission of import duties in 
the circumstances referred to in paragraph 1 shall 
be conditional upon: 
(a) production of any evidence which the 
competent authorities consider necessary to 
enable them to ascertain that the goods in 
respect of which repayment or remission is 
requested have in fact been exported out of the 
customs territory of the Community and that 
they are the goods that were released for free 
circulation; 
(b) the return to the competent authorities of any 
document certifying the Community status of 
the goods in question under cover of which, 
where applicable, the said goods left the 
customs territory of the Community, or the 
production of any evidence which the 
competent authorities consider necessary so 
that they can be satisfied that the document in 
question cannot be used subsequently in 
connection with any importation of goods into 
the Community. 
3. The amount of duties repaid or remitted 
pursuant to paragraph 1 shall be the amount which 
would have been repaid or remitted if the 
condition laid down in Article 4 (b) had been met 
reduced by 10 %, up to a maximum of 1 000 
ECU.' 
2. The following Article 6a is inserted: 
'Article 6a 
1. Where the goods have been re-exported or 
destroyed in the absence of supervision by the 
competent authorities in accordance with Article 6 
(1), the import duties may nevertheless be repaid 
or remitted provided it is established that: 
(a) the other conditions laid down in Article 5 (2) 
and Article 6 (3) have been met; 
(b) the circumstances are such that no deception 
or serious negligence may be attributed to the 
person concerned. 
2. Repayment or remission of import duties in 
the circumstances referred to in paragraph 1 shall 
be conditional upon: 
(a) production of any evidence which the 
competent authorities consider necessary to 
enable them to ascertain that the goods in 
respect of which repayment or remission is 
requested have been: — in fact re-exported out of the customs 
territory of the Community; or, 
— destroyed under the supervision of auth­
orities or persons empowered to certify 
officially such destruction; 
(b) the return to the competent authorities of any 
document certifying the Community status of 
the goods in question under cover of which, 
where applicable, the said goods left the 
customs territory of the Community, or the 
production of any evidence which the 
competent authorities consider necessary so 
that they can be satisfied that the document in 
question cannot be used subsequently in 
connection with any importation of goods into 
the Community. 
3. The amount of duties repaid or remitted 
pursuant to paragraph 1 shall be the amount which 
would have been repaid or remitted if the 
competent authorities had supervised the re­
exportation or destruction reduced by 10 %, up to 
a maximum of 1 000 ECU.' 
3. The following new point (d) is added to Article 
10(1): 
'(d) goods which, after having been released for 
free circulation, are found by the competent 
authorities not to have complied, at the time 
of their release, with the rules in force 
concerning their use or marketing and which 
therefore cannot be used for the purpose 
intended by the consignee.' 
The present points (d) to (g) become points (e) 
to (h). 
4. The following Article 11a is inserted: 
'Article 11a 
1. Where the goods have been re-exported or 
destroyed in the absence of supervision by the 
competent authorities in accordance with Article 
11 (1), import duties may nevertheless be repaid or 
remitted provided it is established that: 
(a) the other conditions laid down in Article 10 
(2) and Article 11 (2) and (4) have been met; 
(b) the circumstances are such that no deception 
or serious negligence may be attributed to the 
person concerned. 
2. Repayment or remission of import duties in 
the circumstances referred to in paragraph 1 shall 
be conditional upon: 
24.1.85 Official Journal of the European Communities No C 22/13 
(a) production of any evidence which the 
competent authorities consider necessary to 
enable them to ascertain that the goods in 
respect of which repayment or remission is 
requested have been: 
— in fact re-exported out of the customs 
territory of the Community; or, 
— destroyed under the supervision of auth­
orities or persons empowered to certify 
officially such destruction. 
(b) the return to the competent authorities of any 
document certifying the Community status of 
the goods in question under cover of which, 
where applicable, the said goods left the 
customs territory of the Community, or the 
production of any evidence which the 
competent authorities consider necessary so 
that they can be satisfied that the document in 
question cannot be used subsequently in 
connection with any importation of goods into 
the Community. 
3. The amount of duties repaid or remitted 
pursuant to paragraph 1 shall be the amount which 
would have been repaid or remitted if the 
competent authorities had supervised the re­
exportation or destruction reduced by 10 %, up to 
a maximum of 1 000 ECU. 
5. Article 13 is replaced by the following: 
'Article 13 
1. Import duties may be repaid or remitted in 
special situations other than those referred to in 
Sections A to D which result from circumstances 
in which no negligence or deception may be 
attributed to the person concerned. 
The cases in which the first subparagraph may 
apply, and the detailed procedural arrangements to 
be followed for this purpose, shall be determined 
in accordance with the procedure laid down in 
Article 25. Repayment or remission may be made 
subject to special conditions. 2. Import duties shall be repaid or remitted for 
the reasons set out in paragraph 1 upon submission 
of an application to the appropriate customs office 
within 12 months from the date on which those 
duties were entered in the accounts by the 
authority responsible for their collection. 
However, the competent authorities may permit 
that period to be exceeded in exceptional cases 
where there is good reason for doing so.' 
6. Article 25 is replaced by the following: 
'Article 25 
1. The Committee on Duty-Free Arrangements 
provided for in Article 141 of Council Regulation 
(EEC) No 918/83 (*) may examine any question 
relating to the application of this Regulation which 
may be raised by its chairman, either on his own 
initiative or at the request of a Member State. 
2. The provisions necessary for the application 
of this Regulation shall be adopted in accordance 
with the procedure laid down in Article 143 (2) 
and (3) of Regulation (EEC) No 918/83. 
O O] No L 105, 23. 4. 1983, p. 1.' 
7. The following Article 26a is inserted: 
'Article 26a 
This Regulation shall apply without prejudice to 
Article 16 of Council Regulation (EEC) No 2176/ 
84 0). 
O OJ No L 201, 30. 7. 1984, p. 1.' 
Article 2 
This Regulation shall enter into force on 1 January 
1986. 
It shall apply to applications for repayment or 
remission of import or export duties submitted to the 
competent authorities on or after that date. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.