Keywords

Summary



Keywords

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1 . Agriculture - Common organization of the markets - Export refunds - Advance payment - Erroneous release of the security - Effects - Maintenance of the exporter' s obligations - Error taken into account for the purposes of the grant of an extension of time to the exporter for the submission of documentary evidence of exportation

( Commission Regulation No 2730/79, Art . 25 )

2 . Agriculture - Common organization of the markets - Export refunds - Submission of documentary evidence - Period prescribed by the regulation exceeded - Grant of an extension of time authorized for the customs documents alone - Exporter required to give valid reasons

( Commission Regulation No 2730/79, Art . 31(2 ))

3 . Agriculture - Common organization of the markets - Export refunds - Advance payment - Documentary evidence of exportation - Period prescribed for the submission of documents exceeded - Loss of the security - Principle of proportionality - Breach - None

( Commission Regulation No 2730/79, Art . 31(1 ) and ( 2 ))

Summary

1 . The erroneous release by the national intervention agency of the security provided for in Article 25 of Regulation No 2730/79, laying down common detailed rules for the application of the system of export refunds on agricultural products, does not have the effect of discharging the exporter from his obligation . In its decision on whether to grant an extension of time for the submission of the documents required under the regulation, the intervention agency must take into consideration the consequences which its error may have had on the exporter' s conduct .

2 . Article 31(2 ) of Regulation No 2730/79 must be interpreted as authorizing the grant of an extension of time only for the submission of the customs documents, and not for the submission of the transport documents . That difference of treatment is justified, regard being had to the relative ease with which the trader concerned can obtain the two kinds of documents .

A request for an extension of time may be granted even after the normal periods prescribed for the submission of the customs documents have expired, provided that the exporter proves that he has acted with all due diligence to obtain them within the normal periods and gives valid reasons for any delay in making his request . However, the grant of an extension of time is not conditional on a finding of force majeure .

3 . If the documents required as proof of an export operation in respect of which a refund was paid in advance are not submitted within the period prescribed in Article 31 of Regulation No 2730/79, a penalty consisting in loss of the security or payment of a corresponding amount where the security has been released is not disproportionate to the objectives of the rules in question or to the requirements of sound administration . On the one hand, the setting of a mandatory time-limit for the submission of the documents required under the regulation is a measure which is necessary to prevent the exporter from enjoying an undue advantage, and on the other, the fixing of the length of that period at six months is not unreasonable since it is in the interests of the traders themselves to obtain the release of the security as soon as possible, the intervention agencies cannot keep open indefinitely files relating to the operations in respect of which refunds were paid in advance, the grant of an extension of time is permissible for the submission of the customs documents which may not be easy to obtain from the authorities of non-member countries, and an exception is provided for in cases of force majeure .