CELEX: 31973R0269
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 269/73 of the Commission of 31 January 1973 laying down detailed rules for the application of the system of 'Accession' compensatory amounts

1 . 2 . 73                                  Official Journal of the European Communities                              No L 30/73
                                     REGULATION (EEC) No 269/73 OF THE COMMISSION
                                                         of 31 January 1973
                laying down detailed rules for the application of the system of 'Accession' compensatory
                                                                amounts
THE COMMISSION OF THE EUROPEAN                                         Having regard to Council Regulation (EEC) No 233/
COMMUNITIES ,                                                          73 (8) of 31 January 1973 laying down general rules
                                                                       for the system of compensatory amounts for milk
                                                                       and milk products, and in particular Article 5 ( 1 )
Having regard to the Treaty concerning the Acces­                      thereof ;
sion of new Member States to the European Econo­
mic Community and the European Atomic Energy                           Having regard to Council Regulation (EEC) No 181/
Community (*), signed at Brussels on 22 January                        73 (9) of 23 January 1973 laying down general rules
1972 ;
                                                                       for the system of compensatory amounts for beef and
                                                                       veal, and in particular Article 14 ( 1 ) thereof ;
Having regard to Council Regulation (EEC ) No 229/
73 (2) of 31 January 1973 laying down general rules                    Having regard to Council Regulation ( EEC) No 185/
for the system of compensatory amounts for cereals,                    73 ( 10) of 23 January 1973 laying down general rules
and in particular Article 9 ( 1 ) thereof ;                            for the system of compensatory amounts applicable,
                                                                       by virtue of the various forms of added sugar, to
                                                                       products processed from fruit and vegetables^ and in
Having regard to Council Regulation ( EEC) No 234/                     particular Article 5 ( 1 ) thereof ;
73 (3) of 31 January 1973 laying down general rules
for the system of compensatory amounts for pig­                        Having regard to Council Regulation (EEC) No 240/
meat, and in particular Article 8 ( 1 ) thereof ;                      73 ( n ) of 31 January 1973 laying down general rules
                                                                       for the system of compensatory amounts for plaice,
                                                                        and in particular Article 11 ( 1 ) thereof ;
Having regard to Council Regulation ( EEC) No 237/
73 (4) of 31 January 1973 laying down general rules                    Having regard to Council Regulation (EEC) No 228/
for the system of compensatory amounts for eggs ,                      73 ( 12) of 31 January 1973 laying down general rules
and in particular Article 9(1 ) thereof :
                                                                       for the system of compensatory amounts for fruit
                                                                       and vegetables, and in particular Article 9 thereof ;
Having regard to Council Regulation (EEC) No 235 /
73 (5) of 31 January 1973 laying down general rules                     Having regard to Council Regulation ( EEC) No 232/
far (the system of compensatory amounts for poultry-                   73 ( 13) of 31 January 1973 laying down detailed
meat, and in particular Article 9 ( 1 ) thereof ;                       rules for the application of the system of compensa­
                                                                       tory amounts to imports of goods covered by Regu­
                                                                        lation (EEC) No 1059/69, and in particular Article
 Having regard to Council Regulation (EEC ) No 243/                     1 thereof ;
73 (6) of 31 January 1973 laying down general rules
for the system of compensatory amounts for rice                         Whereas the Regulations laying down general rules
 and fixing these amounts for certain products, and                     for the system of compensatory amounts for the dif­
 in particular Article 7 ( 1 ) (c) thereof ;                            ferent products affected provide that the compensa­
                                                                        tory amount levied by the importing Member States
                                                                        shall be that in force on the day of importation and
 Having regard to Council Regulation (EEC) No 241 /'                    that the compensatory amount granted by the ex­
 73 (7 ) of 31 January 1973 laying down general rules                   porting Member State shall be that in force on the
 for the system of compensatory amounts for sugar,                      day of exportation ;
 and in particular Article 4(1 ) thereof ;
                                                                        Whereas for the sake of uniformity the day of impor­
                                                                        tation should be the day of importation for the pur­
 (*)  OJ  No  L  73,  27. 3 . 1972, p . 5 .
 (2)  OJ  No  L  27,  1 . 2 . 1973 .                                    ( H) OJ No L 28 , 1 . 2 . 1973 .
 (*)  OJ  No  L  29,  1.2 . 1973 .                                       (») OJ No I. 2.5 , 30 . 1 . 1973 , p . 9 .
 (*)  OJ  No  L  29,  1 . 2 . 1973 .                                     ( ,0) ÒJ No L 25 , 30. 1 . 1973, p. 19.
 (5)  OI  No  L  29,  1.2 . 1973 .                                       (») OJ No L 29, 1 . 2 . 1973 .
 ( 6) OJ  No  L  29,  1.2 . 1973 .                                       ( ,s ) OJ No L 27, 1 . 2. 1973 .
 (7)  OJ  No  L  29 , 1 . 2 . 1973 .                                    ( ,s) OJ No L 28 , 1 . 2 . 1973 .
 ---pagebreak--- No L 30/ 74                       Official Journal of the European Communities                               1 . 2 . 73
poses of customs duties and levies and the day of            Whereas the measures provided for in this Regula­
exportation should be the day of exportation for the         tion are in accordance with the Opinion of the Man­
purposes of export refunds ;                                 agement Committees for Cereals, for Pigmeat, for
                                                             Poutrymeat and Eggs, for Sugar, for Milk and Milk
                                                             Products, for Beef and Veal, for Fruit and Vege­
Whereas payment of the compensatory amount for a             tables, for Products Processed from Fruit and Vege­
product should be conditional upon proof being fur­          tables, and for Fishery Products ;
nished that the product has left the geographical ter­
ritory of the Community as originally constituted or
of a new Member State, according to whether the
customs export formalities were completed in the
former or in the latter ;                                    HAS ADOPTED THIS REGULATION :
                                                                                      Article 1
Whereas, when the compensatory amount granted
by the consigner Member State is either higher than
the refund on exports to third countries or corrected        This Regulation lays down detailed rules for the ap­
for the amount of customs duties 'levied in the im­          plication of the system of compensatory amounts es­
porting Member State, it proves necessary to require         tablished by Articles 47, 55 and 97 of the Act con­
proof that the product has been released for con­            cerning the conditions of Accession and the Adjust­
sumption in the Member State of destination, in              ments to the Treaties .
 order both to avoid fraudulent practices and to grant
an adequate compensatory amount ;
                                                                                      Article 2
Whereas the arrangements provided for in this Regu­           1.      The provisions relating to the granting of ex­
lation may be extended only to products in free cir­         port refunds and the collection of customs duties or
culation within the Community ; whereas, more­               levies shall apply in trade with third countries .
 over, exported products which have qualified for a
compensatory amount should be of such a quality              2.       Articles 3 to 11 shall apply in trade between
that they can be marketed on normal terms ;                  the Member States .
 Whereas, if compensatory amounts varying accord­                                      Article 3
ing to Member State and to place of despatch or des­
tination are applied, it is necessary to verify what         For the purposes of this Regulation, except for Art­
compensatory amount has been applied to a given              icle 6, the Community as originally constituted shall
product ; whereas to that end special endorsements            be considered to be a single Member State.
on Community transit documents are essential ; ~
                                                                                      Article 4
 Whereas to assist exporters in financing their opera­
 tions the Member States should be authorized to              1.      For the purpose of fixing the compensatory
pay, in advance, all or part of the compensatory              amount to be granted, the day on which the customs
 amount as soon as customs export formalities are             service accepts the document by which the declarant
 completed, provided that security, or a guarantee re­       states his intention to export a Community pro­
 cognized as equivalent, is given to secure repayment         duct to another Member State and qualify for a
of that advance should it later transpire that the re­        compensatory amount shall be treated as the day of
fund should not have been paid ;                              exportation . At the time of acceptance thereof the
                                                              products shall be placed under customs control until
                                                              they leave the territory of the exporting Member
 Whereas if, where use has been made of the above             State .
 facility, it is later found that the compensatory
 amount has not been paid , exporters will have re­
 ceived free credit to which they were not entitled ;         For the purposes of this Regulation , acceptance of
 whereas, therefore, measures should be taken , except        the document referred to in the preceding subpara­
                                                              graph shall be considered as constituting completion
 in cases of force majeure, to prevent the receipt of
 credit in this way ,
                                                              of the customs export formalities .
                                                              The date of the day on which the customs export
 Whereas, for administrative reasons , applications for       formalities are completed shall be the operative date
 payment of the compensatory amount should be re­             for determing quantity , nature and characteristics of
 quired to be made within a reasonable time limit ;           the product exported .
 ---pagebreak---  1 . 2 . 73                            Official Journal of the European Communities                             No L 30/75
 2. For the purpose of fixing the compensatory                        ' sortie du territoire géographique de la Commu­
 amount to be levied, the day by reference to which                   nauté dans sa composition originaire' ;
 the customs duties and levies are ascertained shall be
 treated as the day of importation .                                  'Uscita dal territorio geografico della Comunità
                                                                      nella sua composizione originaria' ;
                           Article 5
                                                                      'heeft het geografische grondgebied van de oor­
                                                                      spronkelijke Gemeenschap verlaten'.
  1 . The compensatory amount shall be paid only
 upon proof that the product in respect of which cus­
 toms export formalities have been completed has left                                       Article 7
 the geographical territory of the Member State in
 which the formalities were completed.
                                                                  1.     No compensatory amount shall be granted or
                                                                  levied in respect of products which are not in free
 2. However, where the compensatory amount is                     circulation within the Community.
 adjusted for the amount of customs duties, or where
 it is higher than the lowest export refund applicable
 to the product in question on the day of exporta­               Where, in respect of trade in composite products or
 tion, or where the compensatory amount is applic­                goods, a compensatory amount is fixed for one or
 able for a product for which no refund is fixed, it              more of the components thereof, the compensatory
 shall be paid only upon proof that, further import               amount shall apply to that or those components as
 formalities have been completed and duties and                   and when the latter comply with the condition of
 taxes of equivalent effect payable in the Member                the preceding subparagraph.
 State of destination have been collected .
                                                                  2.     No compensatory amount shall be granted in
 The proof required under the preceding subpara­                  respect of products which are not of fair and sound
 graph shall be furnished by production of the cus­               merchantable quality and, in the case of products in­
 toms document drawn up in the country of destina­               tended for human consumption, if their use for that
 tion, or of a copy thereof, or of a photocopy certified         purpose is precluded or substantially diminished be­
                                                                  cause of their characteristics or condition .
 as a true copy by the competent services. That docu­
 ment must state, where appropriate, the amount of
 customs duties which have been collected .
                                                                                            Article 8
                           Article 6                              1.     In intra-Community trade in products for
                                                                 which a compensatory amount is fixed, Section 32 of
 Where a product dispatched from a Member State of               the applicable Community transit document shall
•the Community as originally constituted to a new                contain one of the following endorsements :
 Member State crosses territories of the Community
 as originally constituted other than that of the said           'Accession ' compensatory amount (Member State
 consigner Member State, the proof required under                of dispatch/Member State of destination ) ;
 Article 5 ( 1 ) shall be furnished by production of the
 control copy provided for in Article 1 of Regulation            udligningsbeløb 'tiltrædelse' (Afsendelsesmedlems­
 (EEC) No 2315 /69 . For the purposes of Regulation              stat/Bestemmelsesmedlemsstat) ;
 (EEC) No 2315 /69, the office of exit from the Com­
 munity as originally constituted shall be considered
 to be the competent customs office of the Member                Ausgleichsbetrag 'Beitritt'          ( Abgangsmitgliedstaat/
 State of destination .                                          Bestimmungsmitgliedstaat) ;
                                                                 Montant compensatoire ' adhésion' ( État membre
 Special endorsements shall be made in the following             de départ/État membre de destination ;
section of the control copy :
                                                                 importo compensativo 'adesione' (stato membro di
— Sections 101 and 103 :                                         partenza/stato membro di destinazione ) ;
— Section 104, deleting what does not apply and                  compenserend bedrag 'toetreding' ( lid-staat van ver­
      inserting one of the following :                           trek/lid-staat van bestemming).
      ' Ausgang aus dem geographischen Hoheitsgebiet             Where movement of goods certificate DD3 is used,
     der Gemeinschaft in ihrer ursprünglichen Zusam­             one of the above endorsements shall be entered on
     mensetzung' ;                                               p. 2 of the certificate.
 ---pagebreak--- No L 30/ 76                         Official Journal of the European Communities                             1 . 2 . 73
The customs office where export formalities are com­           However where Article 5 ( 2) is applied, the products
pleted shall ensure that this paragraph is observed .          shall be considered as coming from the Member State
                                                               of dispatch .
2.    Where, for products for which a compensatory
amount is fixed, a new document is used in place of                                    Article 9
the Community transit document applicable, section             Member States may pay the exporter in advance all
32 of the new document shall contain the same en­
                                                               or part of the compensatory amount as soon as the
dorsement as the original document.
                                                               customs export formalities are completed, provided
                                                               that security, or a guarantee recongnized as equi­
3.    Where Commission Regulation (EEC) No 304/71              valent, is given to secure repayment of that advance
of 11 February 1971 on simplification of the Com­              plus 10 °/o thereof where the proof provided for in
munity transit procedure for goods carried by rail is          Article 5 is not furnished within the time limit pres­
applied to the carriage of the products in question            cribed by Article 11 and that the product left the
the endorsement provided for in paragraphs 1 and 2             geographical territory of the exporting Member
shall be made under 'description of goods' on the              State within 45 days from the day on which it was
International Consignment Note ( CIM) or, as the               exported .
case may be, on the 'International Express Parcels'
Consignment Note TIEx). This endorsement shall be                                      Article 10
authenticated by the stamp of the customs office of
departure .                                                    The compensatory amount to be granted shall be
                                                               paid only on written request from the person con­
4.    Pro-ducts introduced into a Member State other
                                                               cerned . The Member States may draw up a special
                                                               form therefor .
than that indicated as the Member State of destina­
tion on the Transit documents specified in para­
                                                                                       Article 11
graphs 1 and 3 shall be considered :
                                                               Supporting evidence for payment of the compensa­
— As coming from the Member State of dispatch if               tory amount shall , except in case of force majeure,
    the endorsements made pursuant to paragraph 1              be supplied within six months from completion of
    show that the compensatory amount should be                the customs export formalities .
    levied by the Member State indicated as the
    Member State of destination ;
                                                                                       Article 12
— As coming from the Member State of destina­                  This Regulation shall enter into force on the day fol­
    tion if the endorsements made pursuant to para­            lowing its publication in the Official Journal of the
    graph 1 show that the compensatory amount                  European Communities.
    should have been granted by the Member State
    of dispatch .                                              It shall apply from 1 February 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 31 January 1973 .
                                                                         For the Commission
                                                                             The President
                                                                       Francois-Xavier ORTOLI