CELEX: 31985R3154
Language: en
Date: 1985-11-11 00:00:00
Title: Commission Regulation (EEC) No 3154/85 of 11 November 1985 laying down detailed rules for the administrative application of monetary compensatory amounts

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31985R3154

Commission Regulation (EEC) No 3154/85 of 11 November 1985 laying down detailed rules for the administrative application of monetary compensatory amounts  

Official Journal L 310 , 21/11/1985 P. 0009 - 0021 Spanish special edition: Chapter 03 Volume 38 P. 0238  Portuguese special edition Chapter 03 Volume 38 P. 0238 

COMMISSION REGULATION  (EEC) No 3154/85 of 11 November 1985 laying down detailed rules for the administrative application  of monetary compensatory amountsTHE COMMISSION OF THE EUROPEANCOMMUNITIES, Having  regard to the Treaty establishing the European Economic Community, Having regard to Council  Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture  (1),  and in particular Article 12 thereof, Whereas the detailed rules for the administrative application  of monetary compensatory amounts are laid down in Commission Regulation (EEC) No 1371/81  (2), as  last amended by Regulation (EEC) No 1603/84  (3); whereas, on 11 June 1985, the Council approved a  coherent set of agrimonetary rules; whereas the detailed rules of application should be adjusted by  adding clarifications on the basis of experience gained; Whereas the monetary compensatory amount  applicable to a product covered by Council Regulation (EEC) No 3033/80 of 11 November 1980 laying  down the trade arrangements applicable to certain goods resulting from the processing of  agricultural products   (4), is calculated on the basis of the quantities indicated in the Annex to  Council Regulation (EEC) No 3034/80 of 11 November 1980 fixing the quantities of basic products  considered to have been used in the manufacture of the goods covered by Regulation (EEC) No 3033/80   (5), unless the Regulation fixing the monetary compensatory amounts provides otherwise; whereas  this should be taken into consideration when monetary compensatory amounts are applied to products  obtained under inward processing arrangements. Whereas the basic products deemed to have been used  in the manufacture of the goods covered by Regulation (EEC) No 3033/80 are cereals, certain milk  products, and sugar; whereas the basic products actually used may be goods obtained from the  processing of the abovementioned products, or of products covered by: -  Council Regulation (EEC)  No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products  (6),  as last amended by Regulation (EEC) No 1298/85  (7),-Council Regulation (EEC) No 1785/81 of 30 June  1981 on the common organization of the market in sugar  (8), as last amended by Regulation (EEC) No  1482/85  (9),-Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of  the market in cereals  (10), as last amended by Regulation (EEC) No 1018/84  (11); Whereas monetary  compensatory amounts to be granted on exports have the same effect as export refunds; whereas some  provisions of this Regulation should correspond to those of Commission Regulation (EEC) No 2730/79  of 29 November 1979 laying down detailed rules for the application of the system of export refunds  on agricultural products  (12), as last amended by Regulation (EEC) No 568/85  (13); Whereas  Commission Regulation (EEC) No 798/80 of 31 March 1980 laying down detailed rules on the advance  payment of export refunds and positive monetary compensatory amounts in respect of agricultural  products  (14), as last amended by Regulation (EEC) No 1663/81  (15), provides particular  procedures to be complied with; whereas this Regulation shall be without prejudice to Regulation  (EEC) No 798/80; Whereas provision should be made so that, should Article 10 of Regulation (EEC) No  1677/85 be used, there are common rules for applying, or for opting not to apply, those provisions;  Whereas the effect of a monetary compensatory amount is the same as the technical effect of an  import or export duty; whereas the procedures for the application of monetary compensatory amounts  should in such cases be -  Council Regulation (EEC) No 754/76 of 25 March 1976 on the customs  treatment applicable to goods returned to the customs territory of the Community  (1),-Commission  Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the  Community transit procedure and for certain simplification of that procedure  (2), as last amended  by Regulation (EEC) No 1209/85  (3),-Council Regulation (EEC) No 2102/77 of 20 September 1977  introducing a Community export declaration form  (4),-Council Regulation (EEC) No 1430/79 of 2 July  1979 on the repayment or remission of import or export duties  (5), as last amended by Regulation  (EEC) No 1672/82  (6),-Council Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance  recovery of import duties or export duties which have not been required of the person liable for  payment on goods entered for a customs procedure involving the obligation to pay such duties  (7),  as last amended by Regulation (EEC) No 3308/80  (8),-Council Regulation (EEC) No 918/83 of 28 March  1983 setting up a Community system of reliefs from customs duty  (9),-Council Regulation (EEC) No  3/84 of 19 December 1983 introducing arrangements for movement within the Community of goods sent  from one Member State of temporary use in one or more other Member States  (10),-Council Directive  68/312/EEC of 30 July 1968 on harmonization of the provisions laid down by law, regulation or  administrative action relating to: 1.  customs treatment of goods entering the customs territory of  the Community, 2.temporary storage of such goods  (11), as last amended by the Act of Accession of  Greece,-Council Directive 71/235/EEC of 21 June 1971 on harmonization of the provisions laid down  by law, regulation or administrative action relating to the usual forms of handling which may be  carried out incustoms warehouses and in free zones  (14), as amended by Directive 76/634/EEC   (15),-Council Directive 74/651/EEC of 19 December 1974 on the tax reliefs to be allowed on the  importation of goods in small consignments of a non-commercial character within the Community   (16),-Council Directive 78/453/EEC of 22 May 1978 on the harmonization of provisions laid down by  law, regulation or administrative action concerning deferred payment of import duties or export  duties  (17),-Council Directive 79/623/EEC of 25 June 1979 on the harmonization of provisions laid  down by law, regulation or administrative action relating to customs debt  (18),-Council Directive  79/695/EEC of 24 July 1979 on the harmonization of procedures for the release of goods for free  circulation  (19);-Council Directive 81/177/EEC of 24 February 1981 on the harmonization of  procedures for the export of Community goods  (20); Whereas products of Community origin or in free  circulation which are imported into a Member State for processing are not exempt from the  application of monetary compensatory amounts; whereas this should be explicitly stated in the text;  Whereas a greater risk of fraud exists in a frontier area; whereas the competent authorities in all  Member States should have the possibility to make the granting of monetary compensatory amounts  subject to special conditions in order; Whereas the measures provided for in this Regulation are in  accordance with the opinions of all the relevant management committees, to forestall  irregularities;  TITLE I DEFINITIONS Article 11.    This Regulation lays down  detailed rules for the administrative application of monetary compensatory amounts. 2.    For the  purposes of this Regulation:(a)  'products' shall mean both:   (i)  agricultural products covered  by a common organization of the market, and (ii)goods covered by Regulation (EEC) No  3033/80;(b)'import' shall mean:   (i)release into free circulation of products not covered by  Article 9  (2) of the Treaty, and (ii)as regards the introduction of products covered by Article 9   (2) of the Treaty and coming from another Member State: -  their release for home use, or -their  being placed under a customs procedure, or under a system giving equivalent effect, in order to  ensure observance of national provisions governing the release of goods for home use;(c)'export'  shall mean the dispatch, whether permanent or temporary, of products covered by Article 9  (2) of  the Treaty or obtained under inward processing arrangements and containing agricultural products  which before processing were covered by Article 9  (2) of the Treaty:   (i)  from one Member State  to another;   (ii)from a Member State to a destination outside the Community (iii)from a Member  State to one of the destinations mentioned in Articles 5 and 19b of Regulation (EEC) No 2730/79.  The packing shall not be taken into consideration when determining whether or not products are  covered by Article 9  (2) of the Treaty;(d)an 'export declaration' shall mean either:   (i)the  export declaration as referred to in Regulation (EEC) No 2102/77, or (ii)any other declaration,  prescribed without prejudice to specific customs provisions by the Member States, to be submitted  to the customs authorities at the time of the completion of customs export formalities with a view  to applying monetary compensatory amounts. TITLE II TRADE MECHANISMS Section A Field of application  Article 21.    Monetary compensatory amounts shall be applied to products being imported or  exported. 2.    However, no monetary compensatory amounts shall be applied:(a)  on export, to  products covered by Article 9  (2) of the Treaty when such products are coming from another Member  State and have not been imported before the completion of customs export formalities;(b)to products  introduced into a Member State either from a non-member country or from another Member State while  these products are: -  under the customs control referred to in Directive 68/312/EEC, or -under a  customs warehousing or free zone procedure and provided that the products are subject to no  treatment other than those defined as usual forms of handling in Directive 71/235/EEC.3.    In  intra-Community trade Member States may not exempt products of Community origin or products in free  circulation from the application of monetary compensatory amounts when these products are imported  for processing. Article 3No monetary compensatory amount shall be granted on products which are  not of sound and fair marketable quality, or on products intended for human consumption whose  characteristics or conditions exclude or substantially impair their use for that purpose. Article  4This Regulation shall be applicable without prejudice to the provisions of Regulation (EEC) No  798/80 which concern advance payment of export refunds and positive monetary compensatory amounts.       Section B Import Article 51.    Unless the amount is fixed in advance, the monetary  compensatory amount to be granted or levied on import shall be the amount applicable on the day on  which the customs authorities accept the import entry. However, if products are to be released for  home use in the Member State where the products were entered under inward processing arrangements,  the amount shall be the amount applicable on the day on which the customs authorities accepted the  relevant customs document for entry under the inward processing arrangements. 2.    Products may be  released by the customs authorities only when the monetary compensatory amounts to be levied have  been paid or secured or payment has been deferred for the period allowed, under the conditions laid  down by Directive 78/453/EEC. Article 6At the time of completion of the customs import  formalities, the person concerned shall declare on the document prescribed for the purpose all the  particulars needed to calculate the monetary compensatory amount, and in particular:(a)  the  relevant heading or subheading of the Common Customs Tariff;(b)a description of the products in  accordance with the nomenclature used for monetary compensatory amounts;(c)the net weight of the  products or, where appropriate, the quantity expressed in the unit of measurement used for  calculating the monetary compensatory amount for each heading or subheading of the Common Customs  Tariff;(d)particulars of the composition of the products insofar as it is necessary for determining  the monetary compensatory amount. Section C Export Article 71.    Unless the amount is fixed in  advance, and without prejudice to the provisions of Articles 25  (4) and 26, the monetary  compensatory amount to be granted or levied on export shall be the amount applicable on the day on  which the customs authorities accept the export declaration. That day shall also determine the  quantity, nature and characteristics of the product exported. 2.    Where Articles 6 and 8 of  Regulation (EEC) No 2730/79 apply, the monetary compensatory amount to be levied or granted shall  be that applicable on the last day of the month unless it is fixed in advance. 3.    Where Article  7 of Regulation (EEC) No 2730/79 applies, the monetary compensatory amount shall be calculated on  the same basis as the export refund. 4.    From the time of acceptance of the export declaration,  the products shall be placed under customs control and shall remain so until they have left the  territory of the exporting Member State or until they have reached one of the destinations referred  to in Article 5 of Regulation (EEC) No 2730/79. Article 81.    In respect of products to be  exported after having been obtained under inward processing, herinafter referred to as obtained  products, the following rules shall apply. 2.    Monetary compensatory amounts shall apply to those  obtained products which are subject to monetary compensatory amounts and:(a)  in the case of  obtained products covered by a common market organization, contain agricultural products: -  which  before being used in the processing were covered by Article 9 (2) of the Treaty, and -which would  be subject to monetary compensatory amounts if exported unprocessed at the time of completion of  the customs export formalities for the obtained products; or(b)in the case of products covered by  Regulation (EEC) No 3033/80, contain basic products which, before being used in processing complied  with the conditions set out in (a) above. 3.    Where an obtained product:-  belongs to a category  of products covered by a common market organization; or-is covered by Regulation (EEC) No 3033/80  and the monetary compensatory amount is calculated by reference to the quantities of basic products  contained therein and not fixed for the obtained product itself,the amount to be applied shall be  the total amount applicable to the products used in the processing which were covered by Article 9  (2) of the Treaty. 4.    In the case of an obtained product which is not covered by paragraph 3 but  which is covered by Regulation (EEC) No 3033/80, the amount to be applied      shall be that fixed  for the obtained product, less the amount which would have been applied to the basic products  actually used in the processing had these products been put into free circulation at the time of  export of the obtained product, but which, however, were not covered by Article 9 (2) of the Treaty  before being used in the processing.Where calculation of the monetary compensatory amount for the  obtained product has taken account of a production refund in respect of a basic product  incorporated into the obtained product, this shall also be taken into account in the calculation of  the amount to be deducted.However, the amount to be deducted shall not exceed the amount calculated  on the basis of the quantities listed in Annex I to Regulation (EEC) No 3034/80. In order to  compare these amounts, the [quantities of] basic products actually used, and the quantities of the  products referred to in Annex I to Regulation (EEC) No 3034/80, shall be grouped together into the  following categories: -  cereals and processed cereals, -milk and milk products, other than  lactose, -lactose, sugar and sugar syrups.Within each of these categories, the amount calculated on  the basis of the quantities actually used and the amount calculated from the quantities listed in  Annex I to Regulation (EEC) No 3034/80, shall be compared. 5.    For the purposes of paragraphs 2,  3 and 4, 'basic products' shall mean products covered by:-Regulation (EEC) No 804/68 (milk and milk  products),-Regulation (EEC) No 1785/81 (sugar),-Regulation (EEC) No 2727/75 (cereals).Goods covered  by Regulation (EEC) No 3033/80 shall, if used in processing, also be considered as basic products.  6.    In the case of obtained goods covered by Regulation (EEC) No 3033/80 containing products  falling within heading No 17.02 or subheading 21.07  F of the Common Customs Tariff which have been  obtained from cereals or processed cereals, the quantities of basic products actually used and the  notional quantities listed in Annex I to Regulation (EEC) No 3034/80 shall, by way of derogation  from the third subparagraph of paragraph 4, be grouped together into the following two categories:-   cereals and processed cereals; lactose, sugar and sugar syrups,-milk and milk products, other than  lactose. 7.    Where the goods referred to in the second subparagraph of paragraph 5 are used in  processing, the notional quantities listed in Annex I to Regulation (EEC) No 3034/80 shall, for the  purposes of making the comparison required by the third subparagraph of paragraph 4, be considered  as the quantities of basic products actually used. 8.    The advance fixing certificates referred  to in Article 6 of Regulation (EEC) No 3035/80 giving refunds for the basic products may not be  used where they entail advance fixing of the monetary compensatory amount. Article 91.    The  export declaration used for the completion of customs export formalities must include all the  particulars needed to calculate the monetary compensatory amount, and in particular:(a)  the  relevant heading or subheading of the Common Customs Tariff;(b)a description of the products in  accordance with the nomenclature used for monetary compensatory amounts;(c)the net weight of the  products or, where appropriate, the quantity expressed in the unit of measurement to be used for  calculating the monetary compensatory amount for each heading or subheading of the Common Customs  Tariff;(d)particulars of the composition of the products insofar as it is necessary for determining  the monetary compensatory amount. 2.    If the exporter indicates, in particular by a statement or  by not submitting the documents prescribed, his intention to waive his rights to monetary  compensatory amounts, no details relating to the monetary compensatory amounts need be declared.  Article 101.    In trade between Member States the particulars required by Article 9 (1) (a) and  (c) shall be entered in the 'description of goods' box or, where appropriate, in the 'net weight'  box of the internal Community transit document to be used.Where one of the procedures provided for  in Title IV, Section I, of Regulation (EEC) No 223/77 is applied, the particulars shall be entered  in the 'description of goods' box of the document prescribed by those procedures and shall be  authenticated by the stamp of the customs office of departure. 2.    Where a Community transit  document is replaced by a new document, this new document must include the same particulars as  those entered on the previous document, together with a record of the type and registration number  of that document and the name of the customs office of departure which issued it.      3.    If, on  import, the competent authorities classify the products under a heading or subheading other than  that which is entered on the transit document, they shall inform the customs office of departure  accordingly. 4.    Paragraph 1 shall not apply to:-  products which are accompanied by the control  copy referred to in Article 15 (1), and-consignments whose net quantity, for each tariff heading or  subheading does not exceed 1  000 kilograms or, as appropriate, 10 hectolitres. Article 111.     Where, on completion of customs export formalities, products are placed under one of the procedures  provided for in Section I of Title IV of Regulation (EEC) No 223/77 for carriage to a station or a  consignee in the territory of another Member State, or outside the Community, the office of  departure shall ensure that the following endorsement is entered on the export  declaration:'Departure from the geographical territory of .  .  .  .  . [either Member State of  departure or the Community] under the simplified Community (rail/large containers) transit  procedure'. 2.    The office of departure may permit the contract of carriage to be altered so that  the operation is ended within the Member State of departure only if it is established:-  that, if  the monetary compensatory amount has already been paid, such amount has been repaid,or-that the  necessary steps have been taken by the authorities concerned to ensure that the monetary  compensatory amount will not be paid.However, if the monetary compensatory amount has been paid  under Article 16 (2) and the product has not left the territory of the Member State of departure,  the office of departure shall inform the agency responsible for payment of the monetary  compensatory amount accordingly and shall provide it as soon as possible with all the necessary  particulars. The monetary compensatory amount shall in that event be considered as having been  wrongly paid. Article 121.    If the monetary compensatory amount charged on export is, in  accordance with Article 11  (1)  (b) of Regulation (EEC) No 1677/85, deducted from the export  refund, the amount by which the export refund is reduced must, at the time of acceptance of the  export declaration, be covered by an appropriate security.In those cases where the monetary  compensatory amount exceeds the export refund and the provisions of the previous subparagraph are  applied, the amount by which the monetary compensatory amount is reduced must, at the time of  acceptance of the export declaration, be covered by an appropriate security. 2.    The security may  be fixed on the basis of each transaction or of a number of transactions and shall be determined  having regard to the amount of the reduction of the export refund or the monetary compensatory  amount, as appropriate. 3.    On production of the proof required by Article 9 and, as appropriate,  Articles 10 and 20 or 26 of Regulation (EEC) No 2730/79 or the appropriate Articles in the  Regulations containing special provisions for the granting of the export refund for particular  products, the security shall be released in proportion to the refund that would have been granted  against that proof if the monetary compensatory amount had not been chargeable. 4.    If any of the  proofs required have not been furnished within the period prescribed, the proportion not released  because such proofs are absent shall be forfeited. However, the security shall not be forfeited in  cases where the proof is furnished within any period by which the original period has been  extended. 5.    In those cases where the security is forfeited, late payment of the amount  guaranteed by the security shall be considered as a further payment facility within the meaning of  Article 7 of Directive 78/453/EEC. This facility shall be considered as having been granted from  the latest date upon which the monetary compensatory amount should have been paid, under the  provisions of the Directive, if Article 11  (1)  (b) Regulation (EEC) No 1677/85 had not been  applied. 6.    The security provided for in paragraph 2 need not be required if:(a)  -  the export  refund is the same for all destinations, or -the lowest export refund is in excess of the monetary  compensatory amount; and(b)-the products are placed under the Community transit system, or an  equivalent system, for export to a non-member country, or -the products are placed under a national  administrative system which ensures their export to a non-member country from the Member State in  which customs export formalities have been completed; and(c)national provisions provide for the  recovery of the amount by which reduction is made pursuant to paragraph 1 in cases where no  entitlement to a refund is established.      7.    The provisions of this Article shall not apply  in cases where the products to be exported benefit from the arrangements laid down by Council  Regulation (EEC) No 565/80  (1). Article 13The customs authorities shall not permit export or the  application of the arrangements laid down by Regulation (EEC) No 565/80 unless the monetary  compensatory amount to be levied on export or, where appropriate, that part thereof which exceeds  the refund to be granted on export has been paid or guaranteed, or unless payment thereof is  deferred for the period allowed under the conditions laid down by Directive 78/453/EEC. Section D  Application of Article 10 of Regulation (EEC)No 1677/85 Article 141.    Where an exporting Member  State wishes to exercise the option provided by Article 10 of Regulation (EEC) No 1677/85, it shall  obtain the agreement of the importing Member State and then inform the Commission. The Commission  shall in turn inform the other Member States.Products for which the export declaration was accepted  before the date on which the option was exercised shall not be subject to the said Article 10. 2.     If, after having made use of Article 10 of Regulation (EEC) No 1677/85, an exporting or importing  Member State wishes to cease doing so, it shall first inform the other Member State concerned and  the Commission. The latter shall inform the other Member States.In such cases, products for which  the export declaration was accepted before the date when the ending of the option took effect shall  remain subject to the said Article 10. Article 151.    Payment by the exporting Member State of  the monetary compensatory amount which should be granted by the importing Member State shall be  subject to production of proof that the products have been imported into the Member concerned.Proof  shall be furnished by production of Control Copy T No 5, hereinafter referred to as 'the Control  Copy', issued and used in accordance with Regulation (EEC) No 223/77 and this Article. The  'Additional Information' section of the Control Copy shall be completed as follows: -  box 101:  insert the Common Customs Tariff heading or subheading of the products;-box 103: insert the net  weight of the products in words;-box 104: delete the phrase 'leaving the geographical territory of  the Community' in the first indent and add one of the following phrases to the second indent: -   'Til indfoersel .  .  . (den importerende medlemsstat) - forordning (EOEF) nr. 3154/85,' -'Zur  Einfuhr in .  .  . (einfuehrender Mitgliedstaat - Verordnung (EWG) Nr. 3154/85,' -'Ðñïïñéaeueìaaíï ãéá  aaéóáãùãÞ aaéò .  .  . (êñUEôïò ìÝëïò aaéóáãùãÞò) - êáíïíéóìueò (AAÏÊ) áñéè. 3154/85,' -'For import into  .  .  . (importing Member State) - Regulation (EEC) No 3154/85,' -'Destiné à l'importation en .  .   . (État membre importateur) - Règlement (CEE) n$o$ 3154/85,' -'Destinato all'importazione in .  .   . (Stato membro importatore) - regolamento (CEE) n. 3154/85,' -'Bestemd voor invoer in .  .  .  (invoerende Lid-Staat) - Verordening (EEG) nr. 3154/85.' 2.    When the products have been  imported, the competent customs office of the Member State of destination shall complete the  'control of use and/or destination' box by adding to the phrase 'have been dealt with as indicated  overleaf on .  .  .  .  .' the date of acceptance of the import entry and by entering one of the  following phrases under the heading 'Remarks':-  Monetaert udligningsbeloeb ikke  ydet,-Waehrungsausgleichsbetrag nicht gewaehrt,-AEaaí ÷ïñçãÞèçêaa íïìéóìáôéêue aaîéóùôéêue ðïóue,-Monetary  compensatory amount not granted,-Montant compensatoire monétaire non octroyé,-Importo compensativo  monetario non concesso,-Monetair compenserend bedrag niet toegekend. 3.    When paragraph 1 is  applied the particulars referred to in Article 6 shall be declared on the control copy. 4.    When  the control copy is received back by the customs office of departure or the relevant central body  it shall be sent to the paying agency through official channels.      5.    Where the control copy  referred to in paragraph 1 is not returned to the office of departure or relevant central body  within three months of its issue owing to circumstances beyond the control of the person concerned,  the latter may apply to the competent agency for other documents to be accepted as equivalent,  stating the grounds for such application and producing supporting documents. These supporting  documents shall include a copy or photocopy, certified by the competent authorities, of the import  entry in the Member State of destination.In such cases the competent office of the Member State of  destination shall include on the copy of the import entry the same information as that found in the  section of the control copy headed 'control as to use and/or destination'. This endorsement shall  be authenticated by the stamp of the customs office. 6.    Member States shall, not later than 1  March each year and for the preceding calendar year, send returns to the Commission showing for  each product sector the number of applications made under paragraph 5, the reasons, where known,  for the failure to return the control copy, the quantities concerned and the compensatory amount  claimed. 7.    By way of derogation from paragraph 1, and as regards products for which no monetary  compensatory amounts are applicable when customs export formalities are completed but for which an  amount is applicable at the moment when the products are imported, payment by the exporting Member  State shall be conditional upon the production of:(a)  the certified and endorsed copy or photocopy  of the entry referred to in paragraph 5; furthermore, the transport document and a copy of the  export declaration shall be produced to the paying agency; or(b)a control copy issued either in  advance or retroactively by the customs office of departure and used in accordance with paragraphs  1 to 4. Section  E Payment Article 161.    The monetary compensatory amount to be granted on  import shall be paid only on submission of a copy of the import entry and, where appropriate any  relevant attached documents giving the particulars referred to in Article 6 and stating that the  products have been imported. The copy of the entry shall also indicate the day on which it was  accepted by the customs authorities. However, where Article 15 is applicable, only the proof  provided for in that Article, duly endorsed, shall be produced. 2.    The monetary compensatory  amount to be granted on export shall be paid only on submission of the export declaration  indicating the particulars referred to in Article 9 and the day on which the declaration was  accepted by the customs authorities. In addition, either the declaration shall bear the endorsement  provided for in Article 11 (1) or proof shall be furnished that the products have:(a)  left the  territory of the exporting Member State,or(b)reached one of the destinations referred to in  Articles 5 or 19  b of Regulation (EEC) No 2730/79.Such proof shall be furnished according to the  provisions specified by the Member State in which the export declaration is accepted. 3.    Where  Article 25 of Regulation (EEC) No 2730/79 applies in respect of refunds, that Article shall also  apply mutatis mutandis to positive monetary compensatory amounts. 4.    The arrangements for  victualling warehouses laid down in Article 26 of Regulation (EEC) No 2730/79 shall apply to  positive monetary compensatory amounts to be granted. The monetary compensatory amount to be  granted shall be paid in advance when proof is furnished that, within 30 days after the completion  of customs export formalities, the products have been placed in a victualling warehouse. Article  171.    Payment of monetary compensatory amounts to be granted shall be made only on receipt of a  written request from the person concerned. Member States may prescribe a special form for this  purpose. 2.    Except in cases of force majeure, entitlement to the grant of monetary compensatory  amounts shall be lost unless the relevant documents are submitted within the 12 months following  the day on which the customs authorities accepted the import entry or the export declaration. 3.     Payment of monetary compensatory amounts shall be made by the competent authorities within two  months from the day of deposit of sufficient supporting documents except in cases:(a)  of force  majeure;or(b)where administrative enquiries have started concerning the entitlement to the monetary  compensatory amounts. In such cases payment shall be made only when the entitlement to the monetary  compensatory amounts is found to exist.      TITLE III EXEMPTIONS Article 181.    No monetary  compensatory amounts shall be granted on imports of products not covered by Article 9 (2) of the  Treaty in any of the cases covered by Chapter I of Council Regulation (EEC) No 918/83 (1). 2.     Where products covered by Article 9 (2) of the Treaty are exported to, or imported from, another  Member State, monetary compensatory amounts shall not be applied to operations which fulfil the  conditions set out in Chapter I of Regulation (EEC) No 918/83. 3.    No monetary compensatory  amounts shall be granted on exports to non-member countries in any of the cases covered by Chapter  II of Regulation (EEC) No 918/83.In addition, no monetary compensatory amounts shall be applied to  exports to non-member countries of:(a)  small consignments of non-commercial character. The  conditions of application of this exemption shall be those laid down in Articles 29, 30 and 31 of  the said Regulation;(b)products carried in travellers' personal luggage. The conditions of  application of this exemption shall be those laid down in Articles 45 to 49 of the said  Regulation;(c)products for examination, analysis or test purposes. The conditions of application of  this exemption shall be those laid down in Articles 100, 102 and 103 of the said Regulation. 4.     For the purposes of paragraphs 2 and 3, the limits on the concession for consignments of negligible  value, for small consignments of a non-commercial character and for products carried in travellers'  personal luggage shall be those set out in Council Directives 83/181/EEC (2), 74/651/EEC and  69/169/EEC, respectively.However, for exports to non-member countries of products which are subject  to export levies or other export charges imposed under the common agricultural policy or the  special arrangements applicable to certain goods processed from agricultural products, the  quantities in respect of which no monetary compensatory amount is applicable shall not exceed three  kilograms per consignment or traveller. 5.    For the purposes of paragraph 2, the document  establishing the Community nature of a product being  exported to another Member State shall  contain in the 'description of goods' box one of the following:-  'fritaget for monetaere  udligningsbeloeb, jf. artikel 18 i forordning (EOEF) nr. 3154/85',-'WAB-Befreiung - Artikel 18 der  Verordnung (EWG) Nr. 3154/85',-'áðáëëáãÞ ÍAAÐ - UEñèñï 18 ôïõ êáíïíéóìïý (AAÏÊ) áñéè.  3154/85',-'exempt from MCA - Article 18 of Regulation (EEC) No 3154/85',-'franchise MCM - article  18 du règlement (CEE) n° 3154/85',-'franchigia ICM - articolo 18 del regolamento (CEE) n.  3154/85',-'vrijstelling MCB - artikel 18 van Verordening (EEG) nr. 3154/85', 6.    Where paragraph  2 is applied to imports into a Member State, the competent authorities of the importing Member  State shall inform the authorities of the exporting Member State of:-  cases in which the document  establishing the Community nature of the product does not include the entry required under  paragraph 5,-cases in which checks under Title XVI and Title XX (C) of Chapter I of Regulation  (EEC) No 918/83 show that the conditions for the non-application of monetary compensatory amounts  have not been fulfilled.Checks to be carried out in the Member State of destination in the cases  covered by Chapter I of Regulation (EEC) No 918/83, apart from those referred to in the first  subparagraph, shall not apply to exports to another Member State.The competent authorities in the  exporting Member State shall decide in all such cases which supporting information is to be  produced by the exporter. 7.    For the purposes of this Article, the total value of the  consignments in question shall be ascertained by taking into account only products which are  subject to monetary compensatory amounts. Article 191.    No monetary compensatory amount shall  be charged on supplies for victualling within the Community:(a)  sea-going vessels,or(b)aircraft  serving on international routes, including intra-Community routes,(c)one on the destinations  referred to in Article 19b of Regulation (EEC) No 2730/79,provided that no export refund is  requested.      2.    No monetary compensatory amount shall be charged on supplies to armed forces  stationed in the territory of a Member State but not coming under its flag provided that:(a)the  supplies are delivered from the internal market in the Member State in which the forces are  stationed;and(b)no export refund is requested. 3.  (a)  For the purposes of paragraph 1, if a  product for which customs export formalities have been completed crosses the territory of a Member  State other than that where the formalities were completed before reaching the destination  specified, evidence that the product has reached the intended destination shall be given by  producing Control Copy T No 5, issued and used in accordance with Regulation (EEC) No 223/77 and  this Regulation.(b)In the cases referred to in paragraph 1 (a) and (b) boxes 101 and 103 of the  control copy shall be completed; box 104 shall be completed by striking out the first indent and  adding one of the following phrases to the second indent. -  Levering til proviantering -  forordning (EOEF) nr. 3154/85', -'Lieferung zur Bevorratung - Verordnung (EWG) Nr. 3154/85',  -'ÐñïìÞèaaéá ãéá ôñïoeïaeïóssá - êáíïíéóìueò (AAÏÊ) áñéè. 3154/85', -'Supply for victualling - Regulation  (EEC) No 3154/85', -'Livraison pour l'avitaillement - règlement (CEE) n° 3154/85', -'Fornitura per  approvvigionamento di bordo - regolamento (CEE) n. 3154/85', -'Levering voor bevoorrading -  Verordening (EEG) nr. 3154/85'.(c)For deliveries to platforms, boxes 101 and 103 of the control  copy shall be completed; box 104 shall be completed by striking out the first indent and adding one  of the following phrases to the second indent: -'Proviant til platforme (forordning (EOEF) nr.  3154/85)', -'Bevorratungslieferung fuer Plattformen (Verordnung (EWG) Nr. 3154/85)', -'ÐñïìÞèaaéaaò  ôñïoeïaeïóssáò ãéá aaîÝaeñaaò - êáíïíéóìueò (AAÏÊ) áñéè. 3154/85', -'Catering supplies for platform  (Regulation (EEC) No 3154/85)', -'Livraison pour l'avitaillement des plates-formes (règlement (CEE)  n° 3154/85)', -'Provviste di bordo per piattaforma (regolamento (CEE) n. 3154/85)', -'Leverantie  voor boordproviand aan platform (Verordening (EEG) nr. 3154/85)'.(d)Where paragraph 1 (c) applies,  the party concerned shall provide the proof of delivery on board under the conditions set out in  Article 19 b of Regulation (EEC) No 2730/79. 4.    Where, owing to circumstances beyond the control  of the exporter, the control copy is not returned to the customs office of departure or the  relevant central body within three months of its issue, the exporter may ask the competent agency  to accept other documents as equivalent, stating the grounds for the request and producing  documentary evidence in support. These sup- porting documents shall include confirmation by the  customs office responsible for checking the destination in question that the intended destination  has been reached. Article 20Member States are authorized not to grant or levy monetary  compensatory amounts on products declared at the same time both for import and for re-export where  the monetary compensatory amounts are the same in both cases, provided that this does not bring  about an unjustified advantage or disadvantage in terms of the application of the monetary  compensatory amounts system. Where the authorization is used, the Member States shall ensure that  no monetary compensatory amount ist applied. Article 211.    Not monetary compensatory amount  shall be applicable in respect of the following transactions concerning products supplied as part  of Community or national food-aid programmes:(a)  in the case of products from intervention stocks,  intra-Community trading operations and exports to non-member countries;(b)in the case of products  mobilized on the Community market, exports to non-member countries. 2.    No monetary compensatory  amount shall be levied in respect of exports to non-member countries as part of food-aid programmes  carried out by humanitarian organizations provided that such organizations have been approved in  accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1677/85.      TITLE IV  COMMON PROVISIONS Article 221.    Where products complying with the conditions laid down in  Article 2  (2) of Regulation (EEC) No 754/76 are reintroduced into a Member State after having been  exported from that Member State to another Member State, that Regulation shall be applied mutatis  mutandis in the reimporting Member State. 2.    The following rules shall apply mutatis mutandis in  respect of monetary compenstory amounts to be levied in intra-Community trade:-  Regulation (EEC)  No 1430/79 together with Article 25  (2) and (3) of this Regulation,-Regulation (EEC) No  1697/79,-Directive 79/623/EEC. TITLE V SPECIAL PROCEDURES Article 231.    Without prejudice to  Article 16, the competent authorities may make the application of monetary compensatory amounts to  trade in frontier areas subject to special conditions in order to prevent irregularities. 2.     Where an importing Member State exercises the power provided for in paragraph 1 and, by virtue of  Article 10 of Regulation (EEC) No 1677/85 the monetary compensatory amount is granted by the  exporting Member State, the control copy referred to in Article 15  (1) shall be returned by the  competent customs office of the Member State of destination only when proof is given that the  conditions referred to in paragraph 1 have been fulfilled. 3.    The Member States concerned shall  inform the Commission, which shall in turn inform the other Member States, when measures are taken  to implement paragraphs 1 and 2. Article 24For the purposes of this Regulation, Belgium and  Luxembourg (BLEU) shall be treated as a single Member State. Article 251.    This Article lays  down provisions for applying monetary compensatory amounts to products for which an application for  repayment or remission of import duties has been submitted in accordance with Regulation (EEC) No  1430/79 and where the repayment or remission is conditional upon either the re-export to a  non-member country or the destruction of the products. 2.    Where on re-export the application for  repayment or remission has not yet been approved, any negative monetary compensatory amounts shall  be secured and no positive monetary compensatory amount may be granted before the decision is made.  3.    Where the application for repayment or remission has been approved by the decision-making  authority and Article 23 of Regulation (EEC) No 1430/79 is applicable, no negative monetary  compensatory amounts shall be levied nor shall any positive amounts be granted on re-exportation of  the products concerned. 4.    Where the application for repayment or remission has been approved by  the competent authority and the products were not subject to monetary compensatory amounts at the  time of release for free circulation but are subject to monetary compensatory amounts on  re-export:(a)  no monetary compensatory amount shall be applied on re-export if the customs export  formalities are completed in the Member State from which the products where originally  imported;(b)monetary compensatory amounts shall be applied on re-export if the customs export  formalities are completed in another Member State. However, the exporting Member State may on  request apply the amount which was applied at the time of import into that Member State. 5.     Where there is an application to destroy products which at the time of release into free  circulation were not subject to monetary compensatory amounts and the destruction is to take place  in a Member State other than that where the products where released into free circulation:(a)  the  authorization to destroy the products shall, when the Member State where the destruction is to be  carried out applies negative monetary compensatory amounts, be conditional upon the repayment to  the competent authorities of the Member State of the monetary compensatory amount granted on import  into the said Member State;(b)the Member State where the destruction is to be carried out may, if  positive monetary compensatory amounts were applied on import into that Member State, allow  repayments of the amount levied to be made to the person concerned. Article 26Where Article 23 of  Regulation (EEC) No 1430/79 is applied and the other provisions of that Regulation are complied  with, the negative monetary compensatory amount to be applied on re-exportation shall, in cases  where the monetary compensatory amount on import      exceeded the import duties, be the net amount  granted on import. If at the time of re-exportation no decision has been made as regards the  fulfilment of the conditions provided by Regulation (EEC) No 1430/79, the monetary compensatory  amount fixed for the export shall be secured. Article 271.    Member States are authorized not to  apply monetary compensatory amounts to maize falling within subheading 10.05  B of the Common  Customs Tariff which is exported temporarily from one Member State to another to be dried. 2.     The competent authorities of the Member State may refuse to grant the benefit of the arrangements  provided for in this Article if the character of the applicant or the nature of the handling  envisaged is not such as to guarantee that the whole transaction will be effected in accordance  with the rules in force. 3.    The non-application of monetary compensatory amounts provided for in  paragraph 1 shall be allowed on condition that:-  the applicant is a natural or legal person  established in the Member State of dispatch,-the drying is undertaken in the Member State of  destination on the instructions and for the account of the applicant,-the maize, after having been  dried, is returned within a period fixed by the competent authorities of the Member State of export  not exceeding six months,-the competent authorities of each of the Member States concerned  authorize the transactions in question. 4.    Member States shall take all steps necessary to  ensure that the transactions are carried out under official supervision and that, after making  allowance for unavoidable waste and losses in the course of the handling, the quantity of maize  exported agrees with the quantity returned. 5.    For the purposes of paragraph 4, Member States  shall use the 'Information document to facilitate the temporary exportation of goods sent from one  country for manufacture, processing or repair in another' in accordance with Appendix I of Annex  E.8 to Council Decision 77/415/EEC  (1). In box C of the information document, headed 'Nature of  proposed operations', the words 'Application of Article 27 of Regulation (EEC) No 3154/85' shall be  inserted and the same words shall appear on the Community transit documents and on all relevant  customs declarations. Article 281.    If the non-application of monetary compensatory amounts in  accordance with Article 27 involves 2.    Except in cases of force majeure, the security referred  to in paragraph 1 shall be forfeited in its entirety or in proportion to the quantity of products  concerned:(a)  if the products have undergone an unauthorized form of handling; or(b)if the  relevant transaction has not been completed within the period prescribed. 3.    Where, in  accordance with Article 27, the monetary compensatory amount has not been granted and the security  referred to in paragraph 1 has been forfeited, whether wholly or in part, the monetary compensatory  amount shall, at the request of the party concerned, be granted in respect of the quantities  concerned. Where this paragraph is applied, the period referred to in Article 17  (2) shall start  on the day on which the security is forfeited. Article 29Member States shall provide each other  with all necessary information and assistance for the purpose of enabling Articles 27 and 28 to be  applied correctly. They shall inform the Commission annually, in January, of the number of cases  dealt with and the quantities involved during the previous year. Article 30No monetary  compensatory amount shall be applied to goods being moved under the arrangements introduced by  Regulation (EEC) No 3/84, provided that Article 11  (1) of that Regulation is observed. Article  311.    Additional Note 4 to Chapter 4 and Additional Note 3 to Chapter 10 of the Common Customs  Tariff shall apply mutatis mutandis to monetary compensatory amounts when such amounts are to be  levied on import from a non-member country. 2.    The following Additional Notes of the Common  Customs Tariff shall apply mutatis mutandis when a monetary compensatory amount is to be levied on  export to a non-member country or on import or export in intra-Community trade:-  additional note 5  to Chapter 2,-  additional note 4 to Chapter 4,-  additional note 3 to Chapter 10, and-  additional  note 3 to Chapter 11.      3.    Monetary compensatory amounts which may be granted on mixtures  falling within Chapter 2, 10 or 11 of the Common Customs Tariff shall be determined as follows:(a)   in mixtures where one of the components represents at least 90  % by weight, the rate applicable to  the component applies;(b)in other mixtures, the rate applicable shall be that of the component  which results in the lowest monetary compensatory amount. In cases where one or more of the  components are not eligible for monetary compensatory amounts, no monetary compensatory amount  shall be granted for the mixtures. 4.    For the calculation of monetary compensatory amounts  applicable to sets each component shall be considered as a separate item. 5.    Paragraphs 1 to 4  shall not apply to mixtures or sets for which a specific rule for calculation has been adopted.  Article 32Regulation (EEC) No 1371/81 is hereby repealed. Article 33This Regulation shall enter  into force on 1 January 1986. This Regulation shall be binding in its entirety  and directly applicable in all Member States. Done at Brussels, 11 November 1985. For the  Commission Frans ANDRIESSEN Vice-President                                                  (1)  OJ No L 164, 24. 6. 1985, p. 6. (2)  OJ No L 138, 25. 5. 1981, p. 1. (3)  OJ No L 152, 8. 6. 1984, p. 34. (4)  OJ No L 323, 29. 11. 1980, p. 1. (5)  OJ No L 323, 29. 11. 1980, p. 7. (6) OJ No L 148, 28. 6. 1968, p. 13. (7) OJ No L 137, 27. 5. 1985, p. 5. (8) OJ No L 177, 1. 7. 1981, p. 4. (9) OJ No L 151, 10. 6. 1985, p. 1. (10) OJ No L 281, 1. 11. 1975, p. 1. (11) OJ No L 107, 19. 4. 1984, p. 1. (12) OJ No L 317, 12. 12. 1979, p. 1. (13) OJ No L 65, 6. 3. 1985, p. 5. (14) OJ No L 87, 1. 4. 1980, p. 42. (15) OJ No L 166, 24. 6. 1981, p. 9. (1)  OJ No L 89, 2. 4. 1976, p. 1. (2)  OJ No L 38, 9. 2. 1977, p. 20. (3)  OJ No L 124, 9. 5. 1985, p. 19. (4)  OJ No L 246, 27. 9. 1977, p. 1. (5)  OJ No L 175, 12. 7. 1979, p. 1. 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