CELEX: 31974R2111
Language: en
Date: 1974-07-26 00:00:00
Title: Regulation (EEC) No 2111/74 of the Commission of 26 July 1974 amending Regulation (EEC) No 1373/70 on common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products subject to a single price system

10 . 8 . 74                                Official Journal of the European Communities                               No L 220/5
                               REGULATION (EEC) No 2111 /74 OF THE COMMISSION
                                                           of 26 July 1974
                amending Regulation (EEC) No 1373/70 on common detailed rules for the appli­
                cation of the system of import and export licences and advance fixing certifi­
                             cates for agricultural products subject to a single price system
THE COMMISSION OF THE EUROPEAN                                        required under Article 15 (3) (b) of Regulation (EEC)
COMMUNITIES,                                                          No 1373/70 cannot be produced although the product
                                                                      has left the geographical territory of the Community
Having regard to the Treaty establishing the European                 or, in the case of operations as specified in Article 2 of
Economic Community ;                                                  Commission Regulation No 1041 /67/EEC (8) of 21
Having regard to the Regulations mentioned in the                     December 1967, as last amended by Regulation (EEC)
                                                                      No 131 /74 (9), reached its destination ; whereas such a
citations to Commission Regulation (EEC) No
                                                                      situation is likely to prove an obstacle to trade ;
1373/70 ( J ), as last amended by Regulation (EEC) No                 whereas      in    such  circumstances    other  documents
1796/73 (2);
                                                                      should be recognized as equivalent ;
Whereas the object of import and export licences is
the sound administration of the common organization                   Whereas experience has shown that certain provisions
of markets ; whereas some operations relate to small                  of Regulation (EEC) No 1373/70 should be specified
quantities ; whereas for the purpose of simplifying                   in greater detail ;
administrative procedures it would seem desirable to
exempt such operations from the obligation to                         Whereas the measures provided for in this Regulation
produce import or export licences ;                                   are in accordance with the Opinions of all the rele­
                                                                      vant Management Committees,
Whereas Article 15 (2) (b) of Regulation (EEC) No
1373/70 provides that, in the case of an export from
the Community, discharge of the security is subject in
particular to production of proof that the product has                HAS ADOPTED THIS REGULATION :
left the geographical territory of the Community ;
whereas Article 15 (3) (b) of that Regulation provides
that in certain cases such proof is to be furnished by                                            Article 1
production of control copy provided for in Article 1
of Commission Regulation (EEC) No 231 5/69 (3) of
 19 November 1969, as last amended by Regulation                      Paragraphs 3 and 4 as follows are added to Article 4 of
(EEC) No 690/73 (4) ; whereas Commission Regulation                   Regulation (EEC) No 1373/70 :
(EEC) No 304/71 (5) of 11 February 1971 on simplifi­
cation of the Community transit procedure for goods                         '3 . Where advance fixing of a levy or refund is
carried by rail, as last amended by the Act (6) annexed                     not requested, no licence shall be required for the
to the Treaty (7) concerning the accession of new                           purposes of operations :
Member States to the European Economic Commu­                               — as specified in Article 2 of Regulation No
nity and the European Atomic Energy Community,                                   1041 / 67/ EEC, or
signed at Brussels on )l1 January 1972, provides that if
a carriage operation starts within the Community and                        — of a non-commercial nature , or
 is to end outside the Community no formalities need                        — relating to quantities such that the security for
be completed at the customs office of the frontier                               the corresponding licence would be less than
station ; whereas where recourse is had to these provi­                          two units of account .
 sions of Regulation (EEC) No 304/71 it seems desir­
 able for the purpose of simplifying administrative                         4.     For the purposes of paragraph 3 "operations
 procedures to relax the arrangements for the discharge                     of a non-commercial nature" means :
 of the security ;
                                                                            (a) imports by or consigned to private individuals,
 Whereas it may happen that by reason of circum­
 stances beyond the trader's control the control copy                       (b) exports by private individuals,
 (•)  OJ No  L  158 , 20 . 7 . 1970 , p. 1 .                                 provided that such operations satisfy the require­
 (2 ) OJ No   L 183 , 5 . 7. 1973 , p. 1 .                                   ments of Section II (B) (2) of the preliminary provi­
 (3 ) OJ No   L 295, 24. 11 . 1969 , p. 14 .                                 sions of the Common Customs Tariff .'
 (4)  OJ No   L 66, 13 . 3 . 1973 , p. 23 .
 (5 ) OJ No   L 35 , 12 . 2. 1971 , p. 31 .
 (6)  OJ No   L 73, 27. 3 . 1972, p. 14.                               ( 8) OJ No 314, 23 . 12 . 1967. p. 9 .
 (7)  OJ No   L 73 , 27 . 3 . 1972, p. 5 .                             (9 ) OJ No L 17, 21 . 1 . 1973 , p. 19 .
 ---pagebreak--- No L 220/6                            Official Journal of the European Communities                                10 . 8 . 74
                           Article 2                                   Vertrek van het geografische grondgebied van de
                                                                    Gemeenschap onder de regeling van Verordening
The text of Article 8 ( 1 ) of Regulation (EEC) No                   (EEG) nr. 304/71 ";
1373/70 is replaced by the following :                              "Udgaet fra Faellesskabets geografiske omrade
    ' For the purpose of determining their period of                 if0lge proceduren i forordning (E0F) nr. 304/71 ";
    validity :                                                      "Ausgang aus dem geographischen Gebiet der
                                                                    Gemeinschaft im Verfahren nach Verordnung
    (a) licences or certificates shall be considered to             (EWG) Nr. 304/71 " ;
          have been issued on the date on which the
          application for them was lodged, such date                "Uscita dal territorie geografico della Comunita
          being included in the period of validity of the            sotto il regime del regolamento (CEE) n . 304/71 ".
          licence or certificate ;
    (b) where the licence or certificate becomes valid               In the case referred to in the preceding subpara­
          on the actual date of issue such date shall be            graph the office of departure may permit the
          included in the period of validity of the                  contract of carriage to be varied so that carriage
          licence or certificate .'                                  ends within the Community only if it is
                                                                     established :
                           Article 3                                 — that, where the security given in respect of the
                                                                           operation in question has already been
The text of Article 1 1 of Regulation (EEC) No                             discharged, such security has been renewed ; or
1373/70 is replaced by the following :                               — that the necessary steps have been taken by the
                                                                           authorities concerned to ensure that the secu­
     'Where on licences or certificates or on extracts                     rity is not discharged .
     therefrom the space reserved for attributions is
     insufficient, the attributing authorities may attach             If the security has been discharged and the
     thereto one or more extension pages containing                   product has not been exported, the security shall
                                                                     be renewed .'
     spaces for attributions as shown on the back of
     Copy No 1 of the said licences, certificates or
     extracts . The attributing authorities shall so place                                   Article 5
     their stamp that one half is on the licence or certi­
     ficate or extract therefrom and the other on the            A paragraph 3a as follows is inserted in Article 15 of
     extension page, and for each further extension              Regulation (EEC) No 1373 /70 :
     page issued a further stamp shall be placed in like
     manner across such page and the preceding page .'                '3a. If the trader, owing to circumstances beyond
                                                                             his control , is unable to produce the control
                                                                             copy required under the preceding paragraph
                           Article 4                                         within the three months following its issue,
                                                                             he may make application to the competent
The following subparagraphs are added to Article 15                          agency for other documents to be accepted as
(3) (b) of Regulation (EEC) No 1373/70 :                                     equivalent, stating the grounds for such appli­
                                                                             cation and furnishing supporting documents.
     'Where, on completion of the customs export
      formalities referred to in Article 8 (2) (b), a product                The supporting documents must include the
      is placed under the procedure provided for in                          transport document and one or more of the
      Regulation (EEC) No 304/71 for carriage to a                           documents specified in the second and third
      station of destination outside the geographical terri­                 subparagraphs of Article 8 ( 1 ) of Regulation
      tory of the Community, the control copy required                       No 1041 / 67/ EEC .'
      under the preceding subparagraph shall be
      returned or sent by the office of departure to the
      party concerned or, where appropriate, through                                         Article 6
      official channels to the agency which issued the
      licence or certificate . One of the following endorse­     1.      In the Annex to Regulation (EEC) No 1373/70,
      ments shall be entered in the Section " Control as
                                                                 the text of footnote 3 to the forms of application for
      to use and/or destination " :
                                                                 import licences and advance fixing certificates and of
      " Departure from the geographical territory of the         footnote 4 to the forms of application for export
      Community under Regulation (EEC) No 304/71                 licences and advance fixing certificates is replaced by
      procedure" ;                                               the following :
      " Sortie du territoire geographique de la Commu­                 'Without prejudice to the application of the provi­
      naute sous le regime du reglement (CEE) n°                       sions of Regulation ( EEC) No 1134/ 68 (Articles 1
      304/ 71 ";                                                       (2), 2 (2) and (4) of the Act of Accession .'
 ---pagebreak--- 10 . 8 . 74                       Official Journal of the European Communities                          No L 220/7
2. Footnote 4 to the application forms for import            It shall apply in respect of transactions for which the
licences and advance fixing certificates and footnote 5     customs import or export formalities are completed
to the application forms for export licences and             on or after 1 October 1974.
advance fixing certificates are deleted.
                       Article 7                            The provisions of Article 15 (3a) of Regulation (EEC)
                                                             No 1373/70 may, if those concerned so request, be
This Regulation shall enter into force on the third day      applied in respect of transactions for which the
following its publication in the Official Journal of         customs export formalities were completed before the
the European Communities.                                    entry into force of this Regulation .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 July 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI