REGULATION SHALL BE APPLICABLE WITHOUT PREJUDICE TO THE COMMUNITY PROVISIONS FOR THE PAYMENT IN ADVANCE OF REFUNDS ;
WHEREAS ARTICLE 3 OF REGULATION ( EEC ) NO 565/80 PROVIDES THAT PRODUCTS FOR WHICH A REFUND EQUAL TO OR GREATER THAN 0 HAS BEEN FIXED SHALL BE ELIGIBLE TO BENEFIT FROM THAT REGULATION ; WHEREAS , TO ENSURE EQUAL TREATMENT OF TRADERS WITHIN THE COMMUNITY , NEGATIVE MONETARY COMPENSATORY AMOUNTS SHOULD NOT BE TAKEN INTO CONSIDERATION WHEN DETERMINING WHETHER OR NOT A REFUND OF 0 OR MORE HAS BEEN FIXED ; WHEREAS , AS A CONSEQUENCE THEREOF , PRODUCTS AND GOODS MAY ALSO BENEFIT FROM THAT REGULATION IN CASES WHERE A NEGATIVE MONETARY COMPENSATORY AMOUNT IS GREATER THAN THE REFUND ;
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
WHEREAS THE OPERATIVE DATE SHOULD ACCORDINGLY BE THE DAY ON WHICH THE CUSTOMS AUTHORITIES ACCEPT THE DECLARATION FROM THE PERSON CONCERNED , IN WHICH HE DECLARES HIS INTENTION TO EXPORT THE PRODUCTS AND TO QUALIFY FOR A REFUND ; WHEREAS THAT DECLARATION MUST INCLUDE THE NECESSARY PARTICULARS FOR THE CALCULATION OF REFUNDS AND ANY COMPENSATORY AMOUNTS ;
WHEREAS A SECURITY SHALL BE FURNISHED TO ENSURE THAT REIMBURSEMENT WILL BE MADE IF THE CONDITIONS FOR GRANTING THE REFUND ARE NOT FULFILLED ; WHEREAS NEGATIVE MONETARY COMPENSATORY AMOUNTS SHALL BE DEDUCTED FROM THE REFUNDS ; WHEREAS , IN CASES WHERE NO RIGHT TO A REFUND IS PROVED , THE NEGATIVE COMPENSATORY AMOUNTS MAY HAVE FALLEN DUE ; WHEREAS THE COLLECTION OF SUCH AMOUNTS MUST BE ENSURED ;
WHEREAS POSITIVE MONETARY COMPENSATORY AMOUNTS HAVE AN EFFECT SIMILAR TO REFUNDS IN TRADE WITH THIRD COUNTRIES ; WHEREAS SUCH AMOUNTS SHOULD BE PAID IN ADVANCE ON SIMILAR CONDITIONS TO REFUND ; WHEREAS THE ADVANCE PAYMENT OF REFUNDS HAS CONSEQUENCES FOR THE PERIOD OF VALIDITY FOR EXPORT LICENCES ; WHEREAS TO ENSURE EQUAL TREATMENT IN ALL MEMBER STATES , POSITIVE MONETARY COMPENSATORY AMOUNTS SHOULD BE PAID IN ADVANCE ONLY IF THEY ARE GRANTED IN ADDITION TO A REFUND ;
WHEREAS REIMBURSEMENT OF THE AMOUNT PAID IN ADVANCE OF EXPORT SHALL BE MADE IF THERE PROVES TO BE NO RIGHT TO THE EXPORT REFUND OR IF THERE WAS A RIGHT TO A SMALLER REFUND ; WHEREAS THE REIMBURSEMENT MUST INCLUDE AN ADDITIONAL AMOUNT TO AVOID ABUSES ; WHEREAS IN CASES OF FORCE MAJEURE THE ADDITIONAL AMOUNT SHALL NOT BE REIMBURSED ;
WHEREAS