CELEX: 31973R2182
Language: en
Date: 1973-08-08 00:00:00
Title: Regulation (EEC) No 2182/73 of the Commission of 8 August 1973 laying down detailed rules for the application of export levies in the event of the cereals market being disturbed and amending Regulation (EEC) No 2637/70

10 . 8 . 73                                Official Journal of the European Communities                             No L 222/ 19
                            REGULATION (EEC) No 2182/73 OF THE COMMISSION
                                                          of 8 August 1973
              laying down detailed rules for the application of export levies in the event of the
                cereals market being disturbed and amending Regulation (EEC) No 2637/70
THE COMMISSION OF THE EUROPEAN                                        starches ; whereas Articles 16 and 19a of Commission
COMMUNITIES,                                                          Regulation (EEC) No 2637/70 (6) of 23 December
                                                                      1970 on special detailed rules for the application of
Having regard to the Treaty establishing the European                 the system of import and export licences and advance
Economic Community ;                                                  fixing certificates for agricultural products, as last
                                                                      amended by Regulation (EEC) No 1940/73 (7), should
Having regard to Council Regulation No 120/                           be amended accordingly ;
67/EEC (l), of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­               Whereas, as regards the other detailed rules for the
lation (EEC) No 1346/73 (2), and in particular Article                application of export levies, recourse should be had to
12(2), Article 15(5) and Article 16(6) thereof ;                      the provisions of Commission Regulation (EEC) No
                                                                      1279/71 (8) of 17 June 1971 on the use of Community
                                                                      transit documents for the purpose of applying certain
Having regard to Council Regulation (EEC) No                          measures on the exportation of certain goods, as last
1968 /73 (3) of 19 July 1973 laying down general rules                amended by Regulation (EEC) No 2766/71 (9) ;
to be applied in the event of the cereals market being
disturbed, and in particular Article 4(1 ) thereof ;                  Whereas the Management Committee for Cereals has
                                                                      not delivered an opinion within the time limit set by
Whereas the first indent of Article 2(1 ) of Regulation               its Chairman ;
(EEC) No 1968/73 provides for the possibility of intro­
ducing an export levy which may be fixed by a
tendering procedure ; whereas furthermore, under
subparagraph (2) of Article 3 (4) of that Regulation,                 HAS ADOPTED THIS REGULATION :
interested parties may apply to have the levy fixed in
advance ; whereas detailed rules for the application of
these provisions must be laid down ;                                                               Article 1
Whereas it would be equitable to exempt from the                      This Regulation lays down detailed rules for the appli­
export levy products in respect of which an export                    cation of the export levy referred to in the first indent
licence involving advance fixing of the refund has                    of Article 2(1 ) of Regulation (EEC) No 1968/73 .
been issued ;
Whereas the day of exportation within the meaning of                                               Article 2
Article 3 (4) of Regulation (EEC) No 1968 /73 must be
defined ; whereas it would be appropriate to select the                1 . The export levy shall be charged on all exports
day on which the customs formalities referred to                      outside the Community of products corresponding to
under (b) of the second subparagraph of Article 8 (2)                 one or other of the descriptions contained in Article
of Commission Regulation (EEC) No 1373/70 (4) of                      9 (2) of the Treaty.
 10 July 1970 on common detailed rules for the appli­
cation of the system of import and export licences                     2. The export levy shall also be charged on
and advance fixing certificates for agricultural                       products which, by reason of the customs status of
products subject to a single price system, as last                     their packaging or by reason of the fact that they have
 amended by Regulation (EEC) No 1796/73 (5), are                      been incorporated in or added to one or more
completed ;                                                            products not in free circulation, do not correspond to
                                                                       one or other of the descriptions conatained in Article
Whereas the rules applicable to the issue of export                    9 (2) of the Treaty.
 licences for products subject to an export levy fixed
 either in advance or by a tendering procedure should                  3.      No export levy shall be charged on exports
 be analogous to those now applying to sugar and                       covered by export licences involving advance fixing of
                                                                       the refund .
C ) OJ No 117, 19 . 6 . 1967, p . 2269 / 67 .
(2 ) OJ No L 141 , 28 . 5 . 1973 , p . 8 .                             (<=) OJ  No L 283,  29 . 12. 1970, p. 15.
(3 ) OJ No L 201 , 21 . 7 . 1973 , p . 10 .                            ( 7) OJ  No L 199,  19 . 7. 1973, p. 26.
     OJ No L 158 , 20 . 7 . 1970 , p . 1 .                             (8)  OJ  No L 133 . 19 . 6 . 1971 , p. 32.
(5 ) OJ No L 183 , 5 . 7 . 1973 , p . 1 .                              (9)  OJ  No L 283,  24.  12. 1971 , p . 33 .
 ---pagebreak--- No L 222/ 20                           Official Journal of the European Communities                               10 . 8 . 73
                            Article 3                                 — section 18 shall contain, in figures and words,
                                                                          the total rate in national currency of the levy
1 . Except in cases where the export levy is deter­                       fixed in advance .
mined by means of a tendering procedure or fixed in
advance, the rate of the levy applicable on exportation               The provisions of Article 12a of Regulation (EEC)
shall be that valid on the day on which the customs                   No 1373/70 shall apply to special cases, the
formalities referred to under Article 8 (2) (b) of Regula­            entries to be made in sections 19 and 20 of the
tion (EEC) No 1373/70 are completed .                                 import licence under that Article being made in
                                                                      section 18 of the export licence.
2. The export levy shall be charged by the Member
State on whose territory the formalities referred to in               2. For the purpose of applying Article 4 (3) of
paragraph 1 are completed. It shall be due not later                  Regulation (EEC) No 1604/71 and Article 3(5) of
than the day on which these formalities are                           Regulation (EEC) No 1968/73, section 18 of the
completed.                                                            export licence shall contain one of the following
                                                                      endorsements :
3. Where the export levy is varied by destination, a
security or a guarantee regarded as equivalent shall be               prélèvement à 1 exportation non applicable
given representing the difference between the highest                 ausfuhrabschôpfung nicht anwendbar
rate of levy applicable to the product in question and
the appropriate rate for the proposed destination .                   export levy not applicable
                                                                      prélive all'esportazione non applicabili
The security or guarantee shall be released in propor­
tion to the quantity in respect of which proof is                     uitvoerheffing niet van toepassing'. .
produced that it has reached its destination . This
proof shall be furnished in the manner described in                                        Article 5
Article 8(1 ) of Commission Regulation 1041 /
67/EEC (1 ) of 21 December 1967 on detailed rules for
the application of export refunds on products subject             The following paragraph 4 is added to Article 16 of
to a single price system, as last amended by Regula­              Regulation (EEC) No 2637/70 :
tion (EEC) No 131 /73 (2).                                            '4. Where the export levy is fixed by a
                                                                      tendering procedure, the rate of export levy
The security shall be forfeited in whole or in part, by
                                                                      appearing in the statement of award of contract
way of levy, where products arrive at a destination for               shall be entered in section 18 of the licence . This
which a levy higher than that actually charged is appli­
cable .                                                               rate shall be expressed in the currency of the
                                                                      Member State in which the licence is issued and
                                                                      the entry shall take the following form :
                             Article 4                                taux du prélèvement à 1 exportation applicable . . .
Article 19a of Regulation (EEC) No 2637/70 is                         gültiger Satz der Ausfuhrabschöpfung . . .
replaced by the following :                                           rate of export levy applicable . . .
      'Article 19a                                                    tasso del prelievo all esportazione applicabili . . .
       1 . For the purposes of applying Article 4(2) of
       Regulation (EEC) No 1604/71 and the second                     toe te passen heffing bij uitvoer.
       subparagraph of Article 3 (4) of Regulation (EEC)
       No 1968/73, the export licence shall be completed                                   Article 6
       as follows :
      — section 12 shall contain one of the following             Where an export levy is applicable movement of the
            endorsements :
                                                                  products affected within the Community shall be
            préfixation prelevement demandee                      subject to the conditions laid down by Regulation
            anmode om forudfastsættelse af afgift                 (EEC) No 1279/71 .
            vorausfestsetzung der Abschopfung beantragt
          - advance fixing of levy applied for
            fissazione in anticipe del prelievo richiesta                                  Article 7
            vooraf vaststellen van heffing aangevraagd ;
      — in section 17 the words " refund valid on . . .           1 . Where it is clear from the information appearing
            fixed in advance" shall be deleted and replaced       on the document that a product moving between two
            by the endorsements provided for in section           points situated within the Community will leave the
            17 of the import licence ;                            territory of the Community otherwise than by air in
                                                                  the course of transportation , the dispatcher shall
( i ) OJ No 314, 23 . 12. 1967, p. 9 .                            provide a security equal to the highest levy chargeable
V) OJ No L 17, 20. 1 . 1973, p. 19.                               in the event of exportation outside the Community.
 ---pagebreak--- 10. 8 . 73                         Official Journal of the European Communities                     No L 222/21
2. This guarantee shall be released in proportion to                                 Article 8
the quantity in respect of which proof is produced
that it has reached its destination . This proof shall be
furnished by the return to the office of departure of        This Regulation shall enter into force on the day
one of the documents referred to in Articles 2 and 3         following its publication in the Official Journal of
of Regulation (EEC) No 1279/71 or of a national docu­         the European Communities.
ment .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 August 1973 .
                                                                      For the Commission
                                                                          The President
                                                                     Francois-Xavier ORTOLI