CELEX: 51984PC0737
Language: en
Date: 1984-12-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING FOR THE THIRD TIME REGULATION ( EEC ) NO 1430/79 ON THE REPAYMENT OR REMISSION OF IMPORT OR EXPORT DUTIES

N o C 22/10                           Official Journal of the European Communities                              24.1.85
(a) all the surveys to be carried out in the following           3.    The annual distribution of the amount referred
    year (t + 1), specifying in particular the field of          to in paragraph 1 shall depend on the progress made
     observation, the sampling plan, the questionnaires          in the implementation of the programme.
     to be used and the anticipated statistical errors;
                                                                                         Article 6
(b) progress achieved in strengthening the technical
     and administrative apparatus both centrally and              1.   Where the procedure laid down in this Article is
     regionally;                                                 to be followed, the chairman shall refer to the
                                                                 Standing Committee on Agricultural Statistics, either
(c) experience gained from the implementation of the             on his own initiative or at the request of the repre-
    previous annual programme (t — 1), including                 sentative of a Member State.
     progress made in the institution of the new survey
     system at regional level in each production sector,         However, in matters covered by the current rules
    the statistical errors recorded and measures taken           governing the operation of the FADN, the
    to increase the reliability of the results. At the           Committee set up under Article 17 of Regulation N o
    same time, a report on the use of the Community              79/65/EEC shall be called upon to deliver its opinion
    contribution      shall   be    submitted     to    the      in accordance with Article 19 of that Regulation.
    Commission.
                                                                 2.    The Commission representative shall submit a
                                                                 draft of the measures to be adopted. The Standing
2.    At the request of the Commission, the Greek
                                                                 Committee on Agricultural Statistics shall deliver its
Government shall provide, in accordance with
                                                                 opinion on the draft within a time limit which the
paragraph 1, further information on the annual
                                                                 chairman may lay down according to the urgency of
programme submitted.
                                                                 the matters submitted for discussion. The opinion
                                                                 shall be delivered by a majority of 45 votes, the votes
3.    The Commission shall decide whether to                     of the Member States being weighted as provided for
approve the annual programme in accordance with                  in Article 148 (2) of the Treaty. The chairman shall
the procedure laid down in Article 6.                            not vote.
                                                                 The Commission shall adopt measures which shall
                         Article 5
                                                                 apply immediately. However, if these measures are
1.    The Community shall contribute to the                      not in accordance with the opinion of the Standing
programme up to the amount of the appropriations in              Committee on Agricultural Statistics, they shall
the budgets of the European Communities earmarked                forthwith be communicated by the Commission. In
for this purpose and in accordance with the                      that event the Commission may defer application of
provisions of this Decision. The expenditure to be               the measures which it has adopted for not more than
borne by the Community is estimated at 23 million                one month from the date of such communication.
ECU for the entire programme.
                                                                 The Council, acting by a qualified majority, may take
                                                                 a different decision within one month.
2.    The contribution shall be made available to the
Greek Government in five yearly instalments after                                        Article 7
submission and approval of the annual programme
referred to in Article 4(1).                                     This Decision is addressed to the Hellenic Republic.
              Proposal for a Council Regulation (EEC) amending for the third time Regulation (EEC)
                         No 1430/79 on the repayment or remission of import or export duties
                                                     COM(84) 737 final
                            (Submitted by the Commission to the Council on 10 January 1985)
                                                       (85/C 22/17)
THE COUNCIL OF THE EUROPEAN                                      Having regard to the proposal from the Commission,
COMMUNITIES,                                                     Having regard to the opinion of the European
Having regard to the Treaty establishing the                     Parliament,
European Economic Community, and in particular                   Having regard to the opinion of the Economic and
Articles 43 and 235 thereof,                                     Social Committee,
 ---pagebreak--- 24.1.85                             Official Journal of the European Communities                              N o C 22/11
Whereas, in accordance with Council Regulation                 the amount of which obviously retains the character
(EEC) No 1430/79 (*), as last amended by Regu-                 of the Communities' own resources — at 10 % of the
lation (EEC) No 918/83 (*), repayment or remission             duties in question, the amount not to exceed a fixed
of import duties relating to goods in certain cases is         limit;
conditional on the said goods being re-exported out
of the customs territory of the Community, or                  Whereas it is also necessary to set a time limit for
destroyed, under the supervision of the competent              submission of an application for the repayment or
authorities;                                                   remission of an amount of import duties on the basis
                                                               of Article 13;
Whereas, where the persons concerned have failed to
comply with the procedural requirements, they may              Whereas experience acquired since the entry into
nevertheless apply for repayment or remission under            force of Regulation (EEC) N o 1430/79 also shows
Article 13 (2) of Regulation (EEC) No 1430/79,                 that a further case must be added to Article 10, which
inserted into the said Regulation by Regulation                lists the cases in which import duties shall be repaid
(EEC) No 1672/82 ( 3 ); whereas, as the texts stand at         or remitted where they relate to goods in a special
present, the application for repayment or remission            situation, the added case being that of goods which,
must be sent to the Commission which is alone                  after having been released for free circulation, are
authorized to decide;                                          found by the competent authorities not to have
                                                               complied with the rules in force concerning their use
                                                               or marketing at the time of their release and which
Whereas experience has shown that there is no reason           therefore cannot be used for the purpose intended by
why responsibility for deciding on such applications           the consignee;
for repayment or remission cannot be assumed by the
Member States themselves, provided it is established
                                                               Whereas it has proved necessary to provide that the
that, where the procedural requirements have not
                                                               Community procedure for adopting the measures
been observed, the substantive conditions laid down
                                                               implementing Regulation (EEC) No 1430/79 be
for the granting of repayment or remission have been
                                                               extended to the whole of that Regulation;
met and that the circumstances are such that no
deception or serious negligence may be attributed to
the person concerned;                                          Whereas it is necessary to stipulate that the provisions
                                                               of Regulation (EEC) N o 1430/79 shall apply without
                                                               prejudice to Article 16 of Council Regulation (EEC)
Whereas experience has also shown that as much as              N o 2176/84 of 23 July 1984 on protection against
possible must be done to ensure compliance with the            dumped or subsidized imports from countries not
procedural requirements of Regulation (EEC) No                 members of the European Economic Community (4).
 1430/79; whereas, in particular, applications for the
repayment or remission of import duties relating to
goods which have been re-exported, or destroyed,               HAS ADOPTED THIS REGULATION:
without the supervision of the competent authorities
considerably complicate the task of the authorities,                                      Article 1
which are obliged to carry out investigations in order
to satisfy themselves not only that the goods have             Regulation (EEC) N o 1430/79 is hereby amended as
actually been re-exported or destroyed, but also that          follows:
they are the very same goods that were originally
imported; whereas such investigations constitute an
                                                                1. The following Article 4a is inserted:
important administrative workload for the authorities
for which the persons concerned are solely                           'Article 4a
responsible;
                                                                    1.     Where goods entered in error for free circu-
Whereas the most effective way of encouraging the                   lation have been exported out of the customs
persons concerned to comply with the procedural                     territory of the Community without having been
requirements of Regulation (EEC) N o 1430/79 is to                 previously entered, in accordance with Article 4
repay or remit import duties to less than the full                  (b), for the customs procedure under which they
amount applied for whenever goods are re-exported                   should have been placed, the import duties may
or destroyed without the competent authorities                      nevertheless be repaid or remitted provided it is
having been able to exercise supervision; whereas it is             established that:
appropriate to set the proportion to be deducted —
                                                                    (a) the other conditions laid down in Article 3 (2)
0) OJ No L 175, 12. 7. 1979, p. 1.                                        and in Article 4 (a) have been met;
(*) OJ No L 105, 23. 4. 1983, p. 1.
O OJ No L 186, 30. 6. 1982, p. 1.                              (4) OJ No L 201, 30. 7. 1984, p. 1.
 ---pagebreak--- N o C 22/12                          Official Journal of the European Communities                                24.1.85
   (b) the circumstances are such that no deception                      — in fact re-exported out of the customs
         or serious negligence may be attributed to the                      territory of the Community; or,
         person concerned.                                               — destroyed under the supervision of auth-
                                                                             orities or persons empowered to certify
   2.     Repayment or remission of import duties in                         officially such destruction;
   the circumstances referred to in paragraph 1 shall
   be conditional upon:                                            (b) the return to the competent authorities of any
                                                                         document certifying the Community status of
   (a) production of any evidence which the
                                                                         the goods in question under cover of which,
         competent authorities consider necessary to
                                                                        where applicable, the said goods left the
        enable them to ascertain that the goods in
                                                                         customs territory of the Community, or the
        respect of which repayment or remission is
                                                                        production of any evidence which the
        requested have in fact been exported out of the
                                                                         competent authorities consider necessary so
        customs territory of the Community and that
                                                                         that they can be satisfied that the document in
        they are the goods that were released for free
                                                                         question cannot be used subsequently in
        circulation;
                                                                         connection with any importation of goods into
   (b) the return to the competent authorities of any                   the Community.
        document certifying the Community status of
        the goods in question under cover of which,                3.      The amount of duties repaid or remitted
        where applicable, the said goods left the                  pursuant to paragraph 1 shall be the amount which
        customs territory of the Community, or the                 would have been repaid or remitted if the
        production of any evidence which the                       competent authorities had supervised the re-
        competent authorities consider necessary so                exportation or destruction reduced by 10 %, up to
        that they can be satisfied that the document in            a maximum of 1 000 ECU.'
        question cannot be used subsequently in
        connection with any importation of goods into
                                                                3. The following new point (d) is added to Article
        the Community.                                             10(1):
   3.     The amount of duties repaid or remitted                  '(d) goods which, after having been released for
   pursuant to paragraph 1 shall be the amount which                      free circulation, are found by the competent
   would have been repaid or remitted if the                              authorities not to have complied, at the time
   condition laid down in Article 4 (b) had been met                      of their release, with the rules in force
   reduced by 10 %, up to a maximum of 1 000                              concerning their use or marketing and which
   ECU.'                                                                  therefore cannot be used for the purpose
                                                                          intended by the consignee.'
2. The following Article 6a is inserted:
                                                                   The present points (d) to (g) become points (e)
    'Article 6a                                                    to (h).
   1.     Where the goods have been re-exported or
                                                                4. The following Article 11a is inserted:
   destroyed in the absence of supervision by the
   competent authorities in accordance with Article 6
   (1), the import duties may nevertheless be repaid                'Article 11a
   or remitted provided it is established that:
                                                                   1.      Where the goods have been re-exported or
   (a) the other conditions laid down in Article 5 (2)             destroyed in the absence of supervision by the
        and Article 6 (3) have been met;                           competent authorities in accordance with Article
                                                                   11 (1), import duties may nevertheless be repaid or
   (b) the circumstances are such that no deception                remitted provided it is established that:
        or serious negligence may be attributed to the
        person concerned.
                                                                   (a) the other conditions laid down in Article 10
                                                                         (2) and Article 11 (2) and (4) have been met;
   2.     Repayment or remission of import duties in
   the circumstances referred to in paragraph 1 shall              (b) the circumstances are such that no deception
   be conditional upon:                                                 or serious negligence may be attributed to the
   (a) production of any evidence which the                             person concerned.
        competent authorities consider necessary to
        enable them to ascertain that the goods in                 2.      Repayment or remission of import duties in
        respect of which repayment or remission is                 the circumstances referred to in paragraph 1 shall
        requested have been:                                       be conditional upon:
 ---pagebreak--- 24.1.85                                Official Journal of the European Communities                           No C 22/13
   (a) production of any evidence which the                          2.     Import duties shall be repaid or remitted for
         competent authorities consider necessary to                 the reasons set out in paragraph 1 upon submission
         enable them to ascertain that the goods in                  of an application to the appropriate customs office
         respect of which repayment or remission is                  within 12 months from the date on which those
         requested have been:                                        duties were entered in the accounts by the
                                                                     authority responsible for their collection.
        — in fact re-exported out of the customs
             territory of the Community; or,                         However, the competent authorities may permit
                                                                     that period to be exceeded in exceptional cases
        — destroyed under the supervision of auth-
                                                                     where there is good reason for doing so.'
             orities or persons empowered to certify
             officially such destruction.                         6. Article 25 is replaced by the following:
   (b) the return to the competent authorities of any                 'Article 25
         document certifying the Community status of
                                                                     1.     The Committee on Duty-Free Arrangements
         the goods in question under cover of which,
                                                                     provided for in Article 141 of Council Regulation
         where applicable, the said goods left the
                                                                     (EEC) No 918/83 (*) may examine any question
         customs territory of the Community, or the
                                                                     relating to the application of this Regulation which
         production of any evidence which the
                                                                     may be raised by its chairman, either on his own
         competent authorities consider necessary so
                                                                     initiative or at the request of a Member State.
         that they can be satisfied that the document in
         question cannot be used subsequently in                     2.     The provisions necessary for the application
         connection with any importation of goods into               of this Regulation shall be adopted in accordance
         the Community.                                              with the procedure laid down in Article 143 (2)
                                                                     and (3) of Regulation (EEC) No 918/83.
   3.      The amount of duties repaid or remitted
   pursuant to paragraph 1 shall be the amount which
   would have been repaid or remitted if the                         O O] No L 105, 23. 4. 1983, p. 1.'
   competent authorities had supervised the re-
                                                                  7. The following Article 26a is inserted:
   exportation or destruction reduced by 10 %, up to
   a maximum of 1 000 ECU.                                            'Article 26a
                                                                     This Regulation shall apply without prejudice to
5. Article 13 is replaced by the following:                          Article 16 of Council Regulation (EEC) N o 2176/
                                                                     84 0).
    'Article 13
   1.     Import duties may be repaid or remitted in                 O OJ No L 201, 30. 7. 1984, p. 1.'
   special situations other than those referred to in
   Sections A to D which result from circumstances                                          Article 2
   in which no negligence or deception may be
   attributed to the person concerned.                            This Regulation shall enter into force on 1 January
                                                                  1986.
   The cases in which the first subparagraph may
                                                                  It shall apply to applications for repayment or
   apply, and the detailed procedural arrangements to
                                                                  remission of import or export duties submitted to the
   be followed for this purpose, shall be determined
                                                                  competent authorities on or after that date.
   in accordance with the procedure laid down in
   Article 25. Repayment or remission may be made                 This Regulation shall be binding in its entirety and
   subject to special conditions.                                 directly applicable in all Member States.