CELEX: 51983PC0273
Language: en
Date: 1983-05-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON STANDARD EXCHANGE ARRANGEMENTS

No C 153/6                          Official Journal of the European Communities                             11.6.83
                                                          II
                                                   (Preparatory Acts)
                                              COMMISSION
                        Proposal for a Council Regulation on standard exchange arrangements
                             (Submitted by the Commission to the Council on 26 May 1983)
THE COUNCIL OF THE EUROPEAN                                   Whereas the standard exchange arrangements are
 COMMUNITIES,                                                  governed at Community level by Council Directive
                                                               78/1018/EEC of 27 November 1978 on the harmo-
 Having regard to the Treaty establishing the                  nization of provisions laid down by law, regulation or
 European Economic Community, and in particular                administrative action in respect of standard exchange
Article 113 thereof,                                          of goods exported for repair (');
                                                              Whereas the importance of these arrangements in the
 Having regard to the proposal from the Commission,           context of the customs union is such as to require
                                                              that they be uniformly applied in the Community;
                                                              whereas it is therefore necessary to provide for an act
Having regard to the opinion of the European                  which is binding in its entirety and directly applicable
Parliament,                                                   in the Member States and accordingly offers
                                                              individuals the greatest measure of legal certainty;
Having regard to the opinion of the Economic and              whereas it is appropriate to incorporate in a Regu-
Social Committee,                                             lation the principles of the Directive;
                                                              Whereas it is necessary to ensure the uniform
Whereas, in the context of the international division         application of this Regulation and to provide for this
of labour, many Community undertakings have                   purpose      a     Community      procedure    whereby
recourse to standard exchange arrangements, that is           implementing measures may be adopted; whereas it is
the importation of goods which are replacements for           advisable to organize close and effective collaboration
Community goods exported for repair, including                between the Member States and the Commission in
restoration and adjustment; whereas recourse to these         this area within the framework of the Committee.for
arrangements is justified for economic and technical          Customs Procedures with Economic Impact set up by
reasons;                                                      Council Regulation (EEC) No . . . of . . . on inward
                                                              processing relief arrangements;
Whereas it is necessary to set up a system to provide         Whereas standard exchange arrangements constitute
partial or total exemption from customs duties and            an instrument of the Community's commercial policy,
charges having equivalent effect applicable to
replacements which are substituted for goods
exported from the Community;
                                                              HAS ADOPTED THIS REGULATION:
Whereas, by their very nature, agricultural products
or products resulting from the processing of agri-
                                                                                       TITLE I
cultural products can hardly be repaired; whereas, in
addition, the standard exchange arrangements are not                              General provisions
compatible with the common agricultural policy or
with the specific arrangements applicable to certain                                  Article 1
goods resulting from the processing of agricultural
                                                              1.    This Regulation lays down the rules governing
products; whereas the products and goods subject to
                                                              standard exchange arrangements.
that policy or to those arrangements must therefore
be excluded from the scope of application of the              2.    The standard exchange arrangements allow
standard exchange arrangements;                               importation with total or partial exemption from the
                                                              amount of customs duties and charges having
Whereas the use of standard exchange arrangements             equivalent     effect   chargeable     in  respect   of
must be refused by the competent authorities where
the essential interests of Community producers are
likely to be seriously affected;                              O OJ No L 349, 13. 12. 1978, p. 33.
 ---pagebreak--- 11.6.83                            Official Journal of the European Communities                             N o C 153/7
replacements which are substituted for Community                                         Article 4
goods exported under these arrangements outside the
                                                               1.    The authorization shall be granted only to
customs territory of the Community for repair,
                                                               persons established in the Community who supply
restoration or adjustment.
                                                               evidence that the standard exchange is to be carried
                                                               out on their behalf.
3.    For the purposes of this Regulation:
(a) 'export goods' means Community goods exported              2.    The competent authorities shall refuse to grant
     under standard exchange arrangements;                     an authorization to persons who do not offer all the
                                                               guarantees which they consider appropriate.
(b) 'Community goods' means goods:
     — entirely obtained in the customs territory of
         the Community, without the contribution of
         goods imported from third countries,                                            Article 5
     — imported from countries or territories not              Authorization shall not be granted where the use of
         forming part of the customs territory of the          the standard exchange arrangements are likely
         Community, which have been placed in free             seriously to damage the essential interests of
         circulation in a Member State in accordance           Community undertakings.
         with the Treaties,
     — obtained in the customs territory of the
          Community either from goods as provided for
          in the second indent above only, or from                                       Article 6
          goods provided for in the first and second            1.    The authorization shall lay down the conditions
          indents above;                                       on which the arrangements may be used.
(c) 'replacements' means goods imported as sub-
     stitutes for export goods;                                2.     The holder of the authorization is required to
 (d) 'prior importation' means the importation of              notify the competent authorities of any factors arising
     replacements before the exportation of the export         after the issue of the authorization which are likely to
     goods;                                                    affect its validity or content. The competent auth-
                                                               orities may alter the authorization accordingly.
 (e) 'person' means a natural or legal person.
                           Article 2                                                      Article 7
 Standard exchange arrangements shall be open to                 1.    The authorization shall be revoked where one
 Community goods except those subject to the                    or more of the conditions laid down for its issue are
 common        agricultural    policy    or   to    specific    not or are no longer fulfilled. Such revocation shall
 arrangements applicable to certain goods resulting             not affect the retention under the arrangements of
 from the processing of agricultural products.                  goods already temporarily exported before the date
                                                                on which such revocation takes place.
                                                                 2.    The authorization shall be null and void if it is
                           TITLE II                             established that it was issued in consideration of
                                                                 inexact or incomplete information             knowingly
 Content of the authorization and conditions for the             furnished by the person concerned.
                       granting thereof
                           Article 3
                                                                                         TITLE III
 1.    The use of the standard exchange arrangements
                                                                        Provisions relating to the operation of the
 shall be conditional on the issue of an authorization
                                                                                       arrangements
 by the competent authorities of the Member State in
 which the export formalities are to be carried out.
                                                                                          Article 8
 2.    The authorization shall be issued at the request
 of the person on whose behalf the standard exchange            The conditions for placing goods under the standard
 is to be carried out. That person shall be obliged to          exchange arrangements shall be determined in
 supply all the information needed for the issue of the         accordance with the procedure provided for in Article
 said authorization.                                             18 of Regulation (EEC) No . . .
 ---pagebreak--- No C 153/8                          Official Journal of the European Communities                            11.6.83
                        Article 9                                                    Article 13
Replacements must be imported by the holder of the           The competent authorities shall allow the standard
authorization into the Member State from which the           exchange arrangements to be applied to the holder of
export goods were or are to be exported. However,            an outward processing authorization, at his request
provisions permitting the importation of replacements        submitted not later than the time of importation of
into a Member State other than that of export may be         the replacements, where the goods were exported
adopted in accordance with the procedure set out in          under Council Regulation (EEC) No . . . of . . . on
Article 18 of Regulation (EEC) N o . . .                     outward processing relief arrangements.
                                                                                     Article 14
                        Article 10
                                                            The amount of customs duties and charges having
 1.    Replacements must fall within the same tariff         equivalent effect to be charged at the time of entry
subheading, be of the same commercial quality and            for free circulation of the replacements, where appro-
have the same technical characteristics as the export       priate after being placed under another customs
goods if the latter had undergone the repair in              arrangement, shall be calculated under the rules fixed
question.                                                   by Articles 13 and 15 of Regulation (EEC) No . . .
2.    Where the export goods have been used before           (outward processing); replacements shall be treated in
export, the replacements must also have been used           the same manner as the compensating products
and may not be new products.                                mentioned in those Articles.
The competent authorities may, however, grant dero-         However, where the replacements are the subject of
gations from this rule if the replacement has been          prior importation, the amount to be deducted under
supplied free of charge either because of a guarantee       Article 13 of the Regulation shall be determined
imposed by contract or by law or because of a manu-         according to the taxation components applicable on
facturing defect.                                           the date of acceptance of the export declaration for
                                                            the export goods. That date shall also be used for the
                                                            determination of the quantity and nature of the said
                                                            goods. However, the value of export goods shall be
                       Article 11                           determined in accordance with provisions fixed under
1.    Without prejudice to Article 2 and 3, the period      the procedure provided for by Article 18 of Regu-
within which the importation of replacements must           lation (EEC) No . . . (inward processing).
take place shall not exceed six months calculated
from the date of acceptance by the competent auth-
orities of the export declaration covering the export
goods.                                                                               TITLE IV
2.    Where the replacements have been supplied free                             Final provisions
of charge because of a guarantee imposed by contract
or law or because of a manufacturing defect, the                                    Article 15
period within which their importation must take place
shall be 12 months calculated from the date when the        The Committee for Customs Procedures with
export goods were first put into free circulation.          Economic Impact set up by Article 16 of Regulation
                                                            (EEC) No . . . (inward processing) shall examine any
3.    In the case of prior importation, the exportation     matter concerning the implementation of this Regu-
of the export goods must take place within two              lation referred to it by its chairman either on his own
months calculated from the date when the competent          initiative or at the request of the representative of a
authorities accept in the declaration of entry for free     Member State.
circulation of the replacements.
4.    The competent authorities may permit the                                      Article 16
periods referred to in paragraphs 1 and 3 to be
exceeded in duly substantiated exceptional cases            The provisions required for the implementation of
provided that the total period does not exceed twice        this Regulation shall be adopted in accordance with
that provided for in each case in the said paragraphs.      the procedure provided for in Article 18 of Regu-
                                                            lation (EEC) No . . . (inward processing).
                       Article 12                                                   Article 17
Prior importation of a replacement shall require the        Transitional measures necessary to facilitate the
provision of a guarantee.                                   passage from the provisions in force to this Regu-
 ---pagebreak--- 11.6.83                            Official Journal of the European Communities                          No C 153/9
lation, in particular as regards cases where the               2.      The provisions of Directive 70/1018/EEC are
application of the new provisions at the date specified        hereby repealed with effect from the date on which
would give rise to serious difficulties for certain            the provisions of this Regulation are applied. Any
goods, may be adopted under the procedure provided             reference to the said Directive shall be taken as a
for in Article 18 of Regulation (EEC) No . . . (inward         reference to this Regulation.
processing).
                         Article 18                            3.      Authorizations granted by virtue of the
                                                               provisions adopted in pursuance of Directive
1.    This Regulation shall enter into force on                78/1018/EEC before the date of entry into force of
1 January 1984. With the exception of Articles 15 and          this Regulation shall be revoked or replaced no later
16, it shall apply six months after the adoption of the        than six months after that date if they cannot be
implementing provisions to be adopted in relation to           retained on the basis of this Regulation.
Articles 4, 9, 10 and 15 in accordance with the
procedure provided for in Article 18 of Regulation             This Regulation shall be binding in its entirety and
(EEC) No . . . (inward processing).                            directly applicable in all Member States.
              Proposal for a Council Regulation amending Regulation (EEC) No 1196/81 establishing
              a system of aid for bee-keeping in respect of the 1981/82, 1982/83 and 1983/84
                                                     marketing years
                              (Submitted by the Commission to the Council on 26 May 1983)
THE COUNCIL OF THE EUROPEAN                                    1970 on the financing of the common agricultural
COMMUNITIES,                                                   policy (3), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the                   929/79 ( 4 );
European Economic Community, and in particular
                                                               Whereas the proposed amendments have delayed the
Articles 42 and 43 thereof,
                                                               adoption of certain provisions provided for in Regu-
                                                               lation (EEC) No 1196/81 for the 1983/84 marketing
Having regard to the proposal from the Commission,
                                                               year; whereas certain time limits fixed by the
                                                               abovementioned Regulation for that marketing year
Having regard to the opinion of the European Par-              should therefore be extended,
liament,
Whereas Article 5 of Council Regulation (EEC) No
1196/81 0), as last amended by Regulation (EEC)                 HAS ADOPTED THIS REGULATION:
No 2993/81 (2), provides that the aid granted may,
among other things, be used by recognized
associations for general programmes covering disease
control and prevention and research in these areas;                                      Article 1
whereas, in the light of the spead in recent years of
varroa-mite disease in a number of Member States                Regulation (EEC) No 1196/81 is hereby amended as
and of the threat thus posed to Europe as a whole, it           follows:
is necessary to arrange for research to be carried out
                                                                1. The following Article 2a is inserted:
without delay into this disease at Community level;
whereas provision should be made for supplementary                  Article 2a
financing for this measure during the 1983/84                       1.    For the 1983/84 marketing year, a
marketing year; whereas expenditure incurred in                     Community measure aimed at establishing an ad
implementing an ad hoc research programme should                    hoc research programme on varroa-mite disease
be financed by the Community pursuant to Article 3                  shall be taken in order to combat this disease at
of Council Regulation (EEC) N o 729/70 of 21 April                  Community level.
(*) OJ No L 122, 6. 5. 1981, p. 1.                              O OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 299, 20. 10. 1981, p. 26.                           (4) OJ No L 117, 12. 5. 1979, p. 4.