CELEX: 31978R0622
Language: en
Date: 1978-03-30 00:00:00
Title: Commission Regulation (EEC) No 622/78 of 30 March 1978 amending Regulation (EEC) No 3376/75 as regards the calculation of the amounts by which import charges on beef and veal products originating in the African, Caribbean and Pacific States are reduced

31 . 3 . 78                                Official Journal of the European Communities                          No L 84/ 15
                                      COMMISSION REGULATION (EEC) No 622/78
                                                          of 30 March 1978
              amending Regulation ( EEC) No 3376/75 as regards the calculation of the
              amounts by which import charges on beef and veal products originating in the
                                     African , Caribbean and Pacific States are reduced
THE COMMISSION OF THE EUROPEAN                                       Whereas the amount by which the import charges are
COMMUNITIES,                                                          reduced is fixed quarterly ; whereas this amount may
                                                                     vary during the time of transportation to the Commu­
Having regard to the Treaty establishing the European                 nity ; whereas at the time of export the exporting
Economic Community,                                                   country, when calculating the export tax to be levied,
                                                                      can only base itself on the reduction in force ; whereas
Having regard to Council Regulation No 129 on the                     the export tax must be compared to the reduction
value of the unit of account and on the exchange rates                applicable at the time of export ;
to be applied for the purposes of the common agricul­
tural policy ('), as last amended by Regulation (EEC)
                                                                     Whereas the amount representing import charges is
No 2543/73 (2), and in particular Article 3 thereof,
                                                                      that applicable on the day of acceptance of the declara­
Having regard to Council Regulation (EEC) No                          tion of putting into free circulation ; whereas these
3328/75 of 18 December 1975 renewing the arrange­                     charges are reduced by the reduction applicable on
                                                                      that date ;
ments for the reduction of import charges on beef and
veal products originating in the African, Caribbean
and Pacific States (3), as last amended by Regulation                 Whereas the Monetary Committee will be consulted ;
(EEC) No 2570/77 (4), and in particular Article 3 ( 1 )               whereas, in view of their urgency, the measures
thereof,                                                              proposed should be adopted in accordance with the
                                                                      conditions laid down in Article 3 (2) of Regulation No
Whereas Commission Regulation (EEC) No 3376/75                        129 ;
of 23 December 1975 (5 ), as last amended by Regula­
tion (EEC) No 2771 /77 (6), laid down the detailed
                                                                      Whereas the measures provided for in this Regulation
rules for the application of Regulation ( EEC) No
3328 /75 ;
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Beef and Veal ,
Whereas at present the calculation of the amounts by
which the import charges on the products in question
are reduced is based only on two Community regions ;
whereas in view of the movement of the currencies of
                                                                      HAS ADOPTED THIS REGULATION :
the various Member States, the amount by which the
import charges are reduced should in future be calcu­
lated separately for each Member State on the basis of
the monetary compensatory amount applicable to                                                Article 1
imports in the Member State concerned ;
Whereas the reduction consists of levy and monetary                   Article 4 of Regulation (EEC) No 3376/75 is hereby
                                                                      amended to read as follows :
compensatory amount components ; whereas, more­
over, the fixing of the reduction in units of account
may create problems, especially for the exporting                         'Article 4
country as regards the exchange rate to be used ;
whereas consequently the amount by which the
charges are reduced should be fixed in national                           1 . The amount provided for in Article 1 ( 1 ) of
currency for each Member State of destination ;                           Regulation (EEC) No 3328 /75 for each product
                                                                          intended for importation into a Member State
Whereas it appears useful to outline the manner in                        shall be equal to 90 % of the amount resulting
which the amount to be actually levied on imports is                      from the levy corrected, as appropriate, by the
calculated ;                                                              monetary compensatory amount valid for imports
                                                                          into that Member State during the week preceding
(') OJ   No 106, 30 . 10 . 1962 , p . 2553/ 62 .                          that in which the quarter for which the reduction
(2) OJ   No L 263 , 19 . 9 . 1973 , p. 1 .                                is calculated begins.
(3) OJ   No L 329 , 23 . 12. 1975 , p. 4 .
(4) OJ   No L 300, 24. 11 . 1977, p. 1 .
(5) OJ   No L 333 , 30 . 12. 1975, p . 44.                                The reduction shall be fixed for each Member
(b) OJ   No L 320 , 15 . 12. 1977 , p . 17 .                              State in its national currency.
 ---pagebreak--- No L 84/ 16                         Official Journal of the European Communities                            31 . 3 . 78
    2.     The reduction shall be deducted from the               2. When the customs import formalities for
    levy valid on the day on which the customs                    putting into free circulation are completed , the
    import formalities are completed in the Member                amount of the export tax levied per 100 kilograms
    State    concerned, corrected    in   advance, where          shall for the importing Member State be compared
    appropriate, by the monetary coefficient listed in            to the amount fixed in accordance with Article 4
    Annex II to the Commission Regulation fixing the              which was applicable at the time when the EUR.l
     monetary compensatory amounts and by the                     certificate for the movement of goods was issued .
     monetary compensatory amount valid in the
    Member State concerned on the same date .'                    If the amount of the export tax levied is expressed
                                                      i           in a currency other than that of the importing
                                                                  Member State, the exchange rate used shall be the
                         Article 2
                                                                  most recent selling rate recorded on the most
Article 5 of Regulation (EEC) No 3376/75 is hereby                representative exchange market or markets of that
amended to read as follows :                                      Member State .
    ' Article 5                                                   The export tax levied shall be considered as corres­
                                                                  ponding to the amount fixed in accordance with
     1 . The import charges shall be reduced by the               Article 4 when the comparison shows that the
    amount fixed in accordance with Article 4 only if :           export tax expressed in the currency of the
    (a) an export tax at least equal to the amount fixed          importing Member State is not lower than the said
         pursuant to Article 4 has been levied ;                  amount .
    (b) the model of the EUR.l certificate for the                3 . The amount by which the import charges
         movement of goods referred to in Article 6 of            shall be reduced shall be that applicable on the
         Protocol 1 to the Convention of Lome indi­
                                                                  date on which the declaration of putting into free
         cates :
                                                                  circulation is accepted .
         — in box 7, the amount of the export tax
              levied per 100 kilograms,                           4.    The application of this Regulation may in no
         — in box 8 , the subheading of the Common                event give rise to the granting of an amount .'
              Customs Tariff for the product in question .
                                                                                       Article 3
         A separate certificate shall be drawn up for
         each subheading of the Common Customs                 This Regulation shall enter into force on 1 April
         Tariff.                                               1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 30 March 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President