CELEX: 51993PC0339
Language: en
Date: 1993-07-19
Title: Proposal for a COUNCIL REGULATION (EEC) amending Council Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts

12 . 8 . 93                          Official Journal of the European Communities                              No C 218 / 13
               Proposal for a Council Regulation (EEC) amending Council Regulation (EEC) No 386/90 on
               the monitoring carried out at the time of export of agricultural products receiving refunds or
                                                       other amounts
                                                       (93 /C 218 /09)
                                                     COM(93) 339 final
                                      (Submitted by the Commission on 20 July 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                       Article 1
Economic Community, and in particular Article 43
thereof,                                                          Article 3 (2) of Regulation (EEC) No 386/90 is hereby
                                                                  replaced by the following :
Having regard to the proposal from the Commission,
                                                                      '2 .    In  accordance  with    the detailed rules   to
Having regard to the opinion of the European
Parliament,                                                           be determined under the procedure referred to in
                                                                      Article 6, the rate mentioned in paragraph 1 (b) shall
Whereas under Council Regulation (EEC) No 386/90 of                   apply :
 12 February 1990 on the monitoring carried out at the
time of export of agricultural products receiving refunds             — per customs office,
or other amounts (') the Commission must present to the
Council a report on the progress of the application of                — per calendar year and
the Regulation ;
                                                                      — per product sector.
Whereas it is clear from this report and from the
additional report that the lack of flexibility of some of             However, the inspection rate of 5 % per product
the rules could hamper improvements in the effectiveness              sector may be replaced by a rate of 5 % covering all
of the checks ; whereas better use could be made of risk              sectors insofar as the Member State applies a
analysis if the inspection services had greater leeway for            selection system based on a risk analysis carried out
targeting their checks ;                                              in accordance with criteria to be laid down . In this
                                                                      case, a minimum rate of 2 % shall be compulsory per
Whereas the obligation to comply with the inspection                 product sector.
rate of 5 % per product per customs office makes it
more difficult to concentrate human resources on high                 In addition, in the case of export declarations
risk exports ;                                                        accepted by an internal customs office, a minimum
                                                                     rate of physical checks may be carried out by means
Whereas, while keeping the overall inspection rate at                of representative sampling be each customs office of
5 % , it is possible to introduce some flexibility into the          exit. The minimum checking rate shall be determined
Regulation so as to enable the inspection services to                in accordance with the procedure laid down in
target their checks on more sensitive products ;                     Article 6 .'
Whereas, in order to mitigate the risk of substitution,
particularly in the case of export declarations presented                                  Article 2
and accepted within the Member State or at the premises
of the exporter, provision must be made for the                  This Regulation shall enter into force on the seventh day
imposition of a minimum rate of physical checks by               following its publication in the Official Journal of the
means of random sampling by the office of exit ;                 European Communities.
Whereas, in view of the need to ensure effective                 It shall apply from the calendar year following that of its
application throughout the Community of the provisions           publication.
concerning checks on export refunds and financial risks
for the Community funds, rules must be adopted at                This Regulation shall be binding in its entirety and
Community level,                                                 directly applicable in all Member States.
O OJ No L 42 , 16 . 2 . 1990 , p. 6 .