Commission Regulation (EEC) No 945/83 of 21 April 1983 amending for the second time Regulation (EEC) No 1575/80 laying down provisions for the implementation of Article 13 of Council Regulation (EEC) No 1430/79 on the repayment or remission of import or export duties
Date: 1983-04-21
Institutions: European Commission
Subjects: customs drawback, customs formalities, import refund, limitation of legal proceedings













EUR-Lex - 31983R0945 - EN






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31983R0945

Commission Regulation (EEC) No 945/83 of 21 April 1983 amending for the second time Regulation (EEC) No 1575/80 laying down provisions for the implementation of Article 13 of Council Regulation (EEC) No 1430/79 on the repayment or remission of import or export duties  


Official Journal L 104 , 22/04/1983 P. 0014 - 0014 Spanish special edition: Chapter 02 Volume 9 P. 0274  Portuguese special edition Chapter 02 Volume 9 P. 0274  





*****COMMISSION  REGULATION (EEC) No 945/83  of 21 April 1983  amending for the second time Regulation (EEC) No 1575/80 laying down provisions for the implementation of Article 13 of Council Regulation (EEC) No 1430/79 on the repayment or remission of import or export duties  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 1430/79 of 2 July 1979 on the repayment or remission of import or export duties (1), as amended by Regulation (EEC) No 1672/82 (2), and in particular Article 25 (2) thereof,  Whereas Commission Regulation (EEC) No 1575/80 (3), as amended by Regulation (EEC) No 2640/82 (4), provides that the Commission must take a decision in respect of a case referred to it under Article 13 of Regulation (EEC) No 1430/79 within three months of the date of receipt of the application;  Whereas experience since the entry into force of Regulation (EEC) No 1575/80 has shown that the period of three months within which a decision must be taken may give rise to serious difficulties in particularly complex cases;  Whereas the existing period should be extended; whereas in order to maintain a balance between the interests of the administration and those of the persons concerned, a limit should, however, be set to such extension by increasing the period to four months;  Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Duty-Free Arrangements,  HAS ADOPTED THIS REGULATION:  Article 1  The second paragraph of Article 5 of Regulation (EEC) No 1575/80 is hereby replaced by the following:  'This decision shall be taken within four months of the date on which the application referred to in Article 3 (1) is received by the Commission.'  Article 2  This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.  This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Brussels, 21 April 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 175, 12. 7. 1979, p. 1.  (2) OJ No L 186, 30. 6. 1982, p. 1.  (3) OJ No L 161, 20. 6. 1980, p. 13.  (4) OJ No L 279, 1. 10. 1982, p. 67.