PRECEDING PARAGRAPHS .
ARTICLE 8
IN THE CASE OF SUPPLIES TO ARMED FORCES AS REFERRED TO IN ARTICLE 5 ( 1 ) ( C ), MEMBER STATES MAY AUTHORIZE THE USE OF A SIMILAR PROCEDURE TO THAT PROVIDED FOR IN ARTICLE 6 .
TITLE 3
ENTITLEMENT TO REFUNDS
SECTION 1
GENERAL PROVISIONS
ARTICLE 9
1 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLES 10 , 20 AND 26 , THE REFUND SHALL BE PAID ONLY UPON PROOF BEING FURNISHED THAT THE PRODUCT IN RESPECT OF WHICH CUSTOMS EXPORT FORMALITIES HAVE BEEN COMPLETED HAS , WITHIN 60 DAYS FROM THE DAY OF COMPLETION OF SUCH FORMALITIES :
- IN THE CASES SPECIFIED IN ARTICLE 5 , REACHED ITS DESTINATION UNALTERED ,
OR
- IN OTHER CASES , LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY UNALTERED .
WHERE AN EXPORTER IS UNABLE BY REASON OF FORCE MAJEURE TO COMPLY WITH THE TIME LIMIT SPECIFIED IN THE PRECEDING SUBPARAGRAPH , SUCH TIME LIMIT MAY AT HIS REQUEST BE EXTENDED FOR SUCH PERIOD AS THE COMPETENT AGENCY OF THE MEMBER STATE IN WHICH CUSTOMS EXPORT FORMALITIES WERE COMPLETED CONSIDERS NECESSARY IN VIEW OF THE CIRCUMSTANCES INVOKED .
2 . FOR THE PURPOSES OF THIS REGULATION :
- PRODUCTS SHALL BE CONSIDERED TO HAVE LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY WHEN THEY HAVE LEFT FOR TERRITORIES WHICH , ALTHOUGH FORMING PART OF THE GEOGRAPHICAL TERRITORY OF A MEMBER STATE , FORM PART OF THE CUSTOMS TERRITORY OF A NON-MEMBER COUNTRY ; CONVERSELY , PRODUCTS SHALL NOT BE CONSIDERED TO HAVE LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY IF SENT TO A DESTINATION WHICH , ALTHOUGH FORMING PART OF THE GEOGRAPHICAL TERRITORY OF A NON-MEMBER COUNTRY , IS INCORPORATED IN THE CUSTOMS TERRITORY OF THE COMMUNITY ,
- THE TERRITORY OF THE COMMUNE OF LIVIGNO SHALL BE CONSIDERED NOT TO FORM PART OF THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY .
ARTICLE 10
1 . IN THE FOLLOWING CIRCUMSTANCES PAYMENT OF THE REFUND SHALL BE CONDITIONAL NOT ONLY ON THE PRODUCT HAVING LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY BUT ALSO - SAVE WHERE IT HAS PERISHED IN TRANSIT AS A RESULT OF FORCE MAJEURE - ON ITS HAVING BEEN IMPORTED INTO A NON-MEMBER COUNTRY AND WHERE APPROPRIATE INTO A SPECIFIC NON-MEMBER COUNTRY :
( A ) WHERE THERE IS SERIOUS DOUBT AS TO THE TRUE DESTINATION OF THE PRODUCT ; OR
( B ) WHERE BY REASON OF THE DIFFERENCE BETWEEN THE RATE OF THE REFUND ON THE EXPORTED PRODUCT AND THE IMPORT DUTIES APPLICABLE TO AN IDENTICAL PRODUCT ON THE DAY WHEN CUSTOMS EXPORT FORMALITIES ARE COMPLETED IT IS POSSIBLE THAT THE PRODUCT MAY BE REINTRODUCED INTO THE COMMUNITY .
IN SUCH CASES THE PROVISIONS OF ARTICLE 20 ( 2 ), ( 3 ), ( 4 ), ( 5 ) AND ( 6 ) SHALL APPLY . THE COMPETENT AUTHORITIES OF THE MEMBER STATES MAY REQUIRE SATISFACTORY ADDITIONAL PROOF THAT THE PRODUCT HAS IN FACT BEEN PLACED ON THE MARKET IN THE NON-MEMBER COUNTRY