CELEX: 31986R0548
Language: en
Date: 1986-02-27 00:00:00
Title: Commission Regulation (EEC) No 548/86 of 27 February 1986 laying down detailed rules for the application of accession compensatory amounts

No L 55/52                                Official Journal of the European Communities                                  1 . 3 . 86
                                        COMMISSION REGULATION (EEC) No 548/86
                                                       of 27 February 1986
                    laying down detailed rules for the application of accession compensatory
                                                             amounts
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         been entered for consumption in the Member State of
                                                                    destination ; whereas, to this end, the provisions of Article
                                                                    20 (3) of Commission Regulation (EEC) No 2730/79 of 29
Having regard to the Treaty establishing the European               November 1979 laying down common detailed rules for
Economic Community,                                                 the application of the system of export refunds on agri­
                                                                    cultural products f), as last amended by Regulation (EEC)
Having regard to the Act of Accession of Spain and                  No 568/85 (8), should be applied ; whereas in cases where
Portugal,                                                           use is made of Article 10 of Council Regulation (EEC) No
                                                                    1677/85 of 11 June 1985 on monetary compensatory
                                                                    amounts in agriculture (9), this evidence must also meet
Having regard to Council Regulation (EEC) No 467/86 of              the requirements of Article 1 5 of Commission Regulation
25 February 1986 laying down general rules for the                  (EEC) No 3154/85 (10) ;
system of accession compensatory amounts for cereals ('),
arid in particular Article 8 thereof, and to the correspon­
ding provisions of the other Regulations laying down                Whereas, in order to facilitate the financing of exports,
general rules for the system of accession compensatory              Member States should be authorized to advance to expor­
amounts applicable to agricultural products,                        ters, once the customs export formalities have been
                                                                    completed, all or part of the accession compensatory
                                                                    amount, provided that a secrity has been lodged guarante­
Whereas       the accession       compensatory amounts are          eing that the advance will be repaid should it later emerge
charged on imports and granted on export ; whereas, for             that no accession compensatory amount fell to be paid ;
the sake of uniformity, the procedures to be complied
with should be aligned with existing customs procedures
as far as possible ; whereas, for this purpose, the provi­          Whereas the correcting amount provided for in Article
sions, inter alia, of the following Regulations should be           152 of the Act of Accession for fruit and vegetables and
taken into account :                                                the regulatory amount provided for in Article 123 for
                                                                    wine sector products are both applicable under certain
— Council Regulation (EEC) No 754/76 of 25 March                    conditions ; whereas at present it appears desirable that
    1976 on the customs treatment applicable to goods               the provisions of this Regulation should not apply to
    returned to the customs territory of the Commu­                 either of them ;
    nity (2),
— Council Regulation (EEC) No 2102/77 of 20                         Whereas the measures provided for in this Regulation are
    September 1977 introducing a Community export                   in accordance with the opinions of all the relevant
    declaration (3),                                                management committees,
— Commission Regulation (EEC) No 223/77 of 22
    December 1976 on provisions for the implementation
    of the Community transit procedure and for certain
    simplifications of that procedure (4), as last amended           HAS ADOPTED THIS REGULATION :
    by Regulation (EEC) No 1209/85(0,
— Commission Regulation (EEC) No 409/86 of 20
    February 1986 on methods of administrative coopera­                                        Article 1
    tion to safeguard during the transitional period the
    free movement of goods in trade between the                      1 . This Regulation lays down detailed rules for the
    Community as constituted on 31 December 1985, on                 application of the system of compensatory amounts,
    the one hand, and Portugal and Spain on the other                hereinafter  referred   to   as   'accession  compensatory
    hand, and in trade between the two new Member
                                                                     amounts', provided for in Articles 72 and 240 of the Act
    States (6) ;                                                     of Accession .
Whereas the accession compensatory amount should not                 2. The provisions of this Regulation shall also apply to
be paid until evidence is provided that the products have            the compensatory amounts referred to in Articles 118 and
                                                                     304 of the Act of Accession .
(>) OJ  No    L  53, 1 . 3. 1986.
(2) OJ  No    L  89, 2. 4. 1976, p. 1 .
(3) OJ  No    L  246, 27. 9. 1977, p. 1 .                            0 OJ No L 317, 12. 2. 1979, p. 1 .
(«) OJ  No    L  38, 9. 2. 1977, p. 20.                              (8) OJ No L 65, 6. 3. 1985, p. 5.
j5) OJ No L 124, 9. 5. 1985, p. 19.                                  0 OJ No L 164, 24. 6. 1985, p. 6.
¥) OJ No L 46, 25. 2. 1986, p. 5.                                    H OJ No L 310, 21 . 11 . 1985, p. 9.
 ---pagebreak---  1 . 3 . 86                            Official Journal of the European Communities                               No L 55/ 53
3.       For the purposes of this Regulation :                   3 . No accession compensatory amount shall be granted
                                                                 on products which are not of sound and fair merchantable
(a) 'products' shall mean agricultural products covered by       quality, or on products intended for human consumption
      a common organization of a market ;                        whose characteristics or condition rule out or substantially
                                                                 impair their use for that purpose.
(b) 'export declaration' shall mean either :
      — the export declaration as referred to in Regulation
          (EEC) No 2102/77, or                                                            Article 6
      — without prejudice to customs provisions, any other
          declaration prescribed by the Member States to be      The export declaration used for the completion of
          submitted to the customs authorities at the time of    customs export formalities in order for products to qualify
          completion of the customs export formalities with      for an accession compensatory amount must include all
          a view to applying accession compensatory              such particulars as are necessary for determining the
          amounts .                                              accession compensatory amount, in particular :
                                                                 (a) the relevant heading or subheading of the Common
                                                                     Customs Tariff ;
                           Article 2
                                                                 (b) a description of the products in accordance with the
1 . On import into Portugal or Spain of products not                 nomenclature used for accession compensatory
                                                                     amounts ;
having either of the status referred to in Article 9 (2) of
the Treaty, the quantity, nature and characteristics of such     (c) the net weight of the products or, where applicable,
products necessary for the determination of the accession            the quantity expressed in the unit of measurement to
compensatory amounts shall be established according to               be taken into account in determining the accession
the provisions applicable to import duties in trade with             compensatory amount in respect of each heading or
third countries .                                                    subheading of the Common Customs Tariff ;
                                                                 (d) in so far as it is necessary for determining the
2. On export from Portugal or Spain to third countries,              accession compensatory amount, particulars of the
the quantity, nature and characteristics of products neces­          composition of the products.
sary for the determination of the accession compensatory
amounts shall be established according to the provisions
applicable to export refunds.
                                                                                          Article 7
                           Article 3                             1 . The accession compensatory amount to be granted
                                                                 shall be paid only on submission of the export declaration
                                                                 indicating the particulars referred to in Article 6 and the
The provisions in force under customs legislation gov­           date on which the declaration was accepted -by the
erning trade with third countries shall apply to the             customs authorities.
accession compensatory amounts to be charged in intra­
Community trade.
                                                                 If the export declaration cannot be produced, the com­
                                                                 petent authorities may exceptionally accept an authenti­
                                                                 cated photocopy or duplicate thereof issued in accordance
                           Article 4
                                                                 with national provisions.
Articles 5 to 9 shall apply to the granting of accession         2. Payment of the accession compensatory amount
compensatory amounts in intra-Community trade.                   shall moreover be subject to production, in addition to
                                                                 the document specified in paragraph 1 , of :
                           Article 5                             (a) evidence that the goods have been entered for
                                                                     consumption in a Member State in respect of which
1.      Unless the amount is fixed in advance, the accession         the accession compensatory amount is applicable.
compensatory amount to be granted shall be the amount                This evidence shall be provided :
in force on the date on which the customs authorities                — as specified in Article 20 (3) (a) or (c) of Regulation
accept the export declaration by which the exporter states                (EEC) No 2730/79 mutatis mutandis,
his intention to export the products in question and
qualify for an accession compensatory amount.                        — in cases where use is being made of Article 10 of
                                                                          Regulation (EEC) No 1677/85, by means of the
This date shall also be used for determining the quantity,                procedure laid down in Article 15 of Regulation
nature and characteristics of the products exported.                      (EEC) No 3154/85,
2.      At the time of acceptance of the export declaration,          and
the products shall be placed under customs control and
shall so remain until they are entered for consumption.          (b) a copy or photocopy of the transport document.
 ---pagebreak--- No L 55/54                            Official Journal of the European Communities                                    1 . 3 . 86
3.    If there are serious doubts about the true destination     the additional 15 % shall not be charged.
of the goods, the competent authorities of the Member
States may require additional evidence to demonstrate to         Securities shall be released in proportion to the accession
their satisfaction that they have actually been placed on        compensatory amount in respects of which the evidence
the market in the Member State in respect of which the           required under this Regulation has been provided.
accession compensatory amount is applicable.                     3 . If an amount due from an exporter is not paid
                                                                 despite a request to that effect the security covering it
4. The evidence referred to in paragraph 2 (a) not be            shall be forfeit.
required in cases where the goods have been irretrievably
lost for reasons of force majeure after they left the expor­                               Article 9
ting Member State.
                                                                 1 . Accession compensatory amounts shall be granted
                                                                 only on receipt of written application from the person
                           Article 8                             concerned and shall be made by the Member State on
                                                                 whose territory the export declaration was accepted.
1 . Member States shall advance to the exporter at his           Member States may prescribe the use of a special applica­
request all or part of the accession compensatory amount         tion form .
as soon as customs export formalities are completed, on
condition that he provides security to guarantee repay­          2. Except in cases of force majeure, no claim for
ment of the amount advanced plus 15 % . They may                 payment shall be entertained unless the relevant docu­
specify the circumstances under which applications for           ments are submitted within 12 months following the date
advance paymant of part of the amount will be                    on which the customs authorities accepted the export
                                                                 declaration referred to in Article 5.
considered .
                                                                 3 . The competent authorities of a Member State may
The amount of the advance shall be calculated using the          require translation of all the documents supporting the
accession compensatory amount rate applicable for the            claim for payment of accession compensatory amounts
destination declared and adjusted by any monetary                into the official language or one of the official languages
compensatory or other amount applicable under Commu­             of the Member State .
nity Regulations.
                                                                                          Article 10
2.    If the amount advanced is greater than that actually
due on the goods exported the exporter shall pay 115 %           Where products are reimported into the Member State of
of the the difference between the two amounts.                   exportation after being exported to another Member State,
                                                                 the provisions of Regulation (EEC) No 754/76 shall apply
If however by reason of force majeure :                          mutatis mutandis in the Member State of reimport to
                                                                 products fulfilling the conditions set in Article 2 (2) of the
— the evidence required under this Regulations for               said Regulation.
    payment to the accession compensatory amount
    cannot be provided, or                                                                Article 11
— the goods go to a destination other than that for
    which the advance was calculated,                            This Regulation shall enter into force on 1 March 1986.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 27 February 1986.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President