Keywords

Summary



Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - CHARGING AND GRANTING - POWERS OF A MEMBER STATE WHOSE CURRENCY FLUCTUATES UPWARDS OR DOWNWARDS - PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS WHICH SHOULD BE GRANTED ON IMPORTATION BY ANOTHER MEMBER STATE - PERMISSIBILITY

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2A )

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT BY THE EXPORTING MEMBER STATE OF COMPENSATORY AMOUNTS WHICH SHOULD BE GRANTED ON IMPORTATION BY ANOTHER MEMBER STATE - TARIFF CLASSIFICATION OF GOODS DECIDED BY THE IMPORTING MEMBER STATE - BINDING ON THE EXPORTING MEMBER STATE

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2A ; REGULATION NO 1380/75 OF THE COMMISSION , ART . 11 ( 2 ))

3 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - CLASSIFICATION OF GOODS - ABSENCE OF UNIFORM CRITERIA - PROCEDURES FOR RESOLVING DISPUTES - REFERENCE FOR A PRELIMINARY RULING - APPLICATION TO THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE

( EEC TREATY , ART . 177 ; REGULATION NO 97/69 OF THE COUNCIL , ART . 2 )

4 . COMMON CUSTOMS TARIFF - TARIFF HEADINGS - FORAGE AND OTHER PREPARATIONS USED IN ANIMAL FEEDING WITHIN THE MEANING OF SUBHEADING 23.07 B I ( C ) 1 - SPECIFIC CASE

Summary

1 . IN PROVIDING THAT WHERE A PRODUCT IMPORTED INTO A MEMBER STATE WHICH ' ' HAS TO GRANT ' ' A COMPENSATORY AMOUNT UPON IMPORTATION THE EXPORTING MEMBER STATE MAY , ' ' BY AGREEMENT WITH THE MEMBER STATE ' ' , PAY THE COMPENSATORY AMOUNT WHICH ' ' SHOULD BE GRANTED ' ' BY THE LATTER , THE PROVISIONS OF ARTICLE 2A OF REGULATION NO 974/71 SHOW THAT THAT REGULATION DID NOT INTEND TO TRANSFER TO THE EXPORTING MEMBER STATE RESPONSIBILITY FOR ' ' GRANTING ' ' MONETARY COMPENSATORY AMOUNTS ON IMPORTATION INTO ANOTHER MEMBER STATE BUT ONLY TO ALLOW THE EXPORTING MEMBER STATE THE OPPORTUNITY TO ' ' PAY ' ' , BY AGREEMENT WITH THE IMPORTING MEMBER STATE AND ON ITS BEHALF , THE MONETARY COMPENSATORY AMOUNT ON IMPORTATION WHICH THE IMPORTING MEMBER STATE ITSELF IS REQUIRED TO GRANT .

2 . ARTICLE 2A OF REGULATION NO 974/71 OF THE COUNCIL AND ARTICLE 11 ( 2 ) OF REGULATION NO 1380/75 OF THE COMMISSION MUST BE INTERPRETED AS MEANING THAT FOR THE PURPOSES OF DETERMINING THE MONETARY COMPENSATORY AMOUNT ON IMPORT INTO ANOTHER MEMBER STATE THE EXPORTING MEMBER STATE IS BOUND BY THE TARIFF CLASSIFICATION GIVEN TO THE GOODS IN QUESTION BY THE IMPORTING MEMBER STATE . IF THEREFORE THE TARIFF CLASSIFICATION GIVEN BY THE IMPORTING MEMBER STATE INVOLVES NO MONETARY COMPENSATORY AMOUNT OR INVOLVES A LOWER MONETARY COMPENSATORY AMOUNT THAN THAT RESULTING FROM THE TARIFF CLASSIFICATION GIVEN BY THE EXPORTING MEMBER STATE , THE EXPORTING MEMBER STATE IS OBLIGED TO PAY NO MONETARY COMPENSATORY AMOUNT ON IMPORT OR MUST PAY A LOWER COMPENSATORY AMOUNT CORRESPONDING TO THE TARIFF CLASSIFICATION GIVEN BY THE IMPORTING MEMBER STATE .

3 . SINCE THE APPLICATION OF THE COMMON CUSTOMS TARIFF IS A MATTER FOR THE NATIONAL AUTHORITIES OF EACH MEMBER STATE THERE CAN BE NO GUARANTEE OF A UNIFORM TARIFF CLASSIFICATION FOR THE SAME PRODUCT SO LONG AS THE CLASSIFICATION HAS NOT BEEN DEFINED FOR THE WHOLE OF THE COMMUNITY BY MEANS OF THE PROCEDURES LAID DOWN FOR THAT PURPOSE BY COMMUNITY LAW . IN THE PRESENT STATE OF COMMUNITY LAW , APART FROM THE PROCEDURE REFERRED TO IN ARTICLE 177 OF THE EEC TREATY WHICH IS AVAILABLE TO NATIONAL COURTS TO WHICH THE IMPORTERS AND EXPORTERS CONCERNED MAY APPLY , THE ONLY PROCEDURE PROVIDED FOR BY COMMUNITY LAW TO ENSURE UNIFORM TARIFF CLASSIFICATION OF GOODS WHERE THE IMPORTING MEMBER STATE CLASSIFIES THE SAME PRODUCT DIFFERENTLY FROM THE EXPORTING MEMBER STATE IS THE POSSIBILITY WHICH THE MEMBER STATES CONCERNED , HAVE IN ACCORDANCE WITH ARTICLE 2 OF REGULATION NO 97/69 , OF SUBMITTING THE PROBLEM OF TARIFF CLASSIFICATION OF THE PRODUCT IN QUESTION TO THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ESTABLISHED BY ARTICLE 1 OF THAT REGULATION .

4 . A PRODUCT INTENDED FOR ANIMAL FEED AND COMPOSED OF 90% MAIZE STARCH WHICH HAS BEEN TREATED OTHERWISE THAN BY CHEMICAL MEANS , 5% CALCIUM CHLORIDE AND 5% MAGNESIUM CHLOR- IDE COMES UNDER SUBHEADING 23.07 B I ( C ) 1 OF THE COMMON CUSTOMS TARIFF .