CELEX: 31975R0121
Language: en
Date: 1975-01-17 00:00:00
Title: Regulation (EEC) No 121/75 of the Commission of 17 January 1975 amending Regulation (EEC) No 269/73 laying down detailed rules for the application of the system of accession compensatory amounts

18 . 1 . 75                                Official Journal of the European Communities                          No L 13/23
                                REGULATION (EEC) No 121 /75 OF THE COMMISSION
                                                         of 17 January 1975
               amending Regulation ( EEC) No 269/73 laying down detailed rules for the applica­
                                  tion of the system of accession compensatory amounts
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,                                                                                    Article 1
Having regard to the Treaty (') concerning the acces­                A paragraph 3 as follows is added to Article 5 of Regu­
sion of new Member States to the European Economic                    lation (EEC) No 269/73 :
Community and to the European Atomic Energy                               '3 . Where the control copy as referred to in
Community, signed at Brussels on 22 January 1972 ;                         paragraph 2 is not returned to the office of depar­
Having regard to the Regulations cited in the                             ture or relevant central body within three months
preamble to Commission Regulation (EEC) No                                of its issue owing to circumstances beyond the
269/73 (2) of 31 January 1973, as last amended by                         control of the person concerned the latter may
Regulation (EEC) No 343/74 (*) ;                                           make application to the competent agency for
                                                                          other documents to be accepted as equivalent,
Whereas Regulation (EEC) No 269/73 lays down                              stating the grounds for such application and
detailed rules for the application of the system of                        furnishing supporting documents. Such supporting
accession compensatory amounts ; whereas Article 5                        documents must include the transport document
of that Regulation provides that in certain circum­                       and the document whereby the product concerned
stances payment of the compensatory amount is to be                        is entered with the customs authorities for home
conditional on the furnishing of proof that customs                        use in the Member State of destination, or a copy
import formalities have been completed in the                              or photocopy thereof certified by the competent
Member State of destination ; whereas pursuant to that                     authorities .
Article such proof is to be furnished by production of                    Member       States  shall  each 1  March    and    1
the control copy provided for in Article 1 of Commis­                     September send returns to the Commission
sion Regulation (EEC) No 231 5/69 (4) of 19                                showing for each product sector the number of
November 1969 on the use of Community transit                              applications made under the preceding subpara­
documents for the purpose of applying Community                           graph , the reasons, where known , for the failure to
measures for verifying the use and/or destination of                       return the control copy, the quantities concerned,
goods, as last amended by Regulation (EEC) No                              and the compensatory amount claimed .'
690/73 (5) ;
                                                                                                Article 2
Whereas it may happen that by reason of circum­                      This Regulation shall enter into force on the third day
stances beyond the control of the party concerned the                 following its publication in the Official Journal of
control copy as aforesaid cannot be produced                          the European Communities.
although the product has reached its intended destina­
tion ; whereas such a situation may impede trade ;                    The provisions of Article 5 (3) of Regulation (EEC) No
whereas     in   such      circumstances      other   documents       269/73 shall, where the party concerned so requests
should be recognized as equivalent ;                                  and on condition that such request is lodged within
                                                                      six months from the day on which this Regulation
Whereas the measures provided for in this Regulation                  enters into force, apply to exports in respect of which
are in accordance with the Opinions of all the rele­                  the customs export formalities have been completed
vant Management Committees,                                           before the entry into force of this Regulation .
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 17 January 1975.
                                                                                 For the Commission
                                                                                     The President
                                                                                Francois-Xavier ORTOLI
(') OJ   No  L 73, 27. 3 . 1972, p. 5 .
(2) OJ   No  L 30, 1 . 2 . 1 973, p. 73 .
(3) OJ   No  L 40 , 12. 2 . 1974, p. 4.
(4) OJ   No 295, 24. II . 1969 , p. 14.
(5) OJ   No  L 66, 13 . 3 . 1973 , p. 23 .