CELEX: 31972R1076
Language: en
Date: 1972-05-25 00:00:00
Title: Regulation (EEC) No 1076/72 of the Commission of 25 May 1972 laying down detailed rules for applying export levies on sugar and amending Regulation (EEC) No 2637/70

470                                  Official Journal of the European Communities
  No L 1.21 / 22 '                     Official Journal of the European Communities                                 26.5.72
                                REGULATION (EEC) No 1076/72 OF THE COMMISSION
                                                      of 25 May 1972
                 laying down detailed rules for applying export levies on sugar and amending Regulation
                                                     (EEC) No 2637/70
  THE    COMMISSION          OF    THE EUROPEAN      COM­          Whereas the day of export for the purposes of
  MUNITIES ,                                                      Article 1 ( 1 ) of Regulation (EEC) No 607/72 must be
                                                                  specified ; whereas that day must be the day of
  Having regard to the Treaty establishing the                    completion of the customs formalities referred to in
  European Economic Community;                                    Article 8 of Commission Regulation (EEC) No
                                                                  1.373 /705 of 10 July 1970 on common detailed rules
  Having regard to Council , Regulation No 1009/                  for the application of the system of import and
 67/EEC 1 of 18 December 1967 on the common                        export licences and advance fixing certificates for
 organization of the market in sugar, as last amended              agricultural products subject to a single price system ,
 by Regulation (EEC) No 607/72,2 and in particular                 as last amended by Regulation (EEC) No 2849/71° ;
 Articles 11 ( 2), 16 (5 ) and 17 (4) thereof;
                                                                  Whereas , as regards the issuing of export licences,
 Whereas Article 16 of . Regulation No 1009 /                     rules similar to those existing in respect of sugar
 67/EEC provides for the charging of an export                    exported with a refund fixed by tender should be laid
 levy or, if appropriate, of a special export levy, under         down in respect of sugar subject to a special export
 certain conditions and whereas Council Regulation               levy fixed by a tender; whereas Article 30 of
 ( EEC) No 608 /723 of 23 March 1972 laid down rules              Commission Regulation (EEC) No 2637/707 of 23
 to be applied in the event of considerable price rises           December 1970 on special detailed rules for the
 occurring on the world sugar market ; whereas certain            application of the system of import and export
 detailed rules must be adopted for the application of            licences and advance fixing certificates for
 these provisions ;                                               agricultural products, as last amended by Regulation
                                                                  ( EEC) No 715 /72,8 should be amended to this effect;
                                                                 whereas in addition Articles 31 and 33 of Regulation
 Whereas it is reasonable to exempt from these                    (EEC) No 2637/70 should be amplified ;
 export levies sugar benefiting from an export refund
 fixed in advance before these provisions became                 Whereas, as regards the other detailed rules for
 applicable ; whereas this exemption should be                   applying export levies, recourse should be had to the
 extended to cover all white or raw sugar in respect             provisions laid down in Commission Regulation
 of which an export refund was fixed by tender                   (EEC) No 1279/719 of 17 June 1971 on the use of
 before the date of application of these levies ;
                                                                 Community transit documents for the purpose of
                                                                 applying certain measures on the exportation of
 Whereas , in cases where the yield of raw sugar                 certain goods, as last amended by Regulation (EEC)
 differs from that of standard quality raw sugar, the            No 2766/71 10 ;
same adjustment coefficient must be applied as that
used for imports in accordance with Council
                                                                 Whereas the measures provided for in this
Regulation (EEC) No 431 /684 of 9 April 1968
                                                                 Regulation are in accordance with the Opinion of the
determining the standard quality for raw sugar and
                                                                 Management Committee for Sugar;
fixing the Community frontier crossing point for
calculating c.i.f. prices for sugar ;
                                                                   5 OJ  No L 158 , 20.7.1970 , p . 1 .
                                                                   « OJ  No  L 286, 30.12.1971, p. 24.
1 OJ No    308 , 18.12.1967, p. 1.                                 7 OJ  No  L 283 , 29.12.1970, p . 15 ..
2 OJ No    L 75 , 28.3.1972, p. 4.                                8  OJ  No L 84, 8.4.1972, p . 8 .
   OJ No   L 75, 28.3.1972,  p. 5.                                9  OJ  No L 133 , 19.6.1971 , p . 32 .
4 OJ No    L 89, 10.4.1968,  p. 3.                               10  OJ  No  L 283, 24.12.1971 , p. 33 .
 ---pagebreak---                                       Official Journal of the European Communities                                       471
HAS ADOPTED THIS REGULATION :                                     2. The levies shall be collected by the Member
                                                                  State on whose territory the formalities referred to in
                         Article 1                                paragraph 1 are completed . They shall be payable at
                                                                  the latest at the time of completion of those
                                                                  formalities .
1.     Where the export levy or the special export levy
referred to in Article 16 ( 1] of Regulation No
1009/67/EEC is applicable, it shall be charged on all                                          Article 4
exports from the Community of the products listed in
the Annex and satisfying the conditions laid down in
Articles 9 (2) and 10 ( 1 ) of the Treaty.                        Where       the    customs     document indicates that    a
                                                                  product shown in the Annex and circulating between
                                                                  two points in the Community will, in the course of
2. These levies shall also be charged on products
                                                                  transport, leave Community territory otherwise than
shown in the Annex which, by reason of the customs
                                                                 .by air, the sender must lodge a deposit of an amount
regulations regarding their packaging or by reason of
                                                                  equal to the levy which would be collected if that
their incorporation in or addition to one of the
                                                                  product were exported from the Community.
products shown in the Annex which does not enjoy
free circulation in the Community, do not satisfy the
conditions laid down in Articles 9 (2) and 10 ( 1 ) of                                         Article 5
the Treaty.
                                                                  Where the levies referred to in Article 1 ( 1) are
3 . The levies referred to in paragraph 1 shall not               applicable) the products shown in the Annex shall be
however be charged on white sugar or raw sugar in                 moved within the Community under the conditions
respect of which, before the date on which they                   laid down by Regulation (EEC) No 1279/71 . In the
become applicable :                                               cases referred to in Article 5a of that Regulation, the
( a) an export refund has been awarded by tender, or              day on which the formalities required for dispatch of
                                                                  the products are completed shall be considered as
(b) an export licence with advance fixing of the rate             being the day of completion of the customs
     of the refund has been applied for, irrespective of          formalities referred to in Article 3 of this Regulation .
     the date of issue of that licence .
4.     Where the refund has not been fixed in advance                                          Article 6
in respect of the export licence concerned, any person
concerned may withdraw an application for such a                  The following shall be substituted for Article 30 of
licence or have the licence cancelled, if it was applied          Regulation (EEC) No 2637/70 :
for or issued before the date on which the levies
                                                                      'Article 30
referred to in paragraph 1 became applicable. In such
a case the deposit shall be released immediately.                      1.      If the refund or, where appropriate, the
                                                                      special export levy, is fixed within the framework
                                                                      of a tendering procedure held in the Community,
                         Article 2
                                                                      the application for an export licence shall be
                                                                      lodged with the competent authority of the
If the yield of the raw sugar exported, determined in                  Member State in which the notice of award of
accordance with Article 1 of Regulation (EEC) No                      contract was issued .
431 /68 , differs from the yield fixed for the standard
quality, the levy to be charged per 100 kg of that raw                2 . Section 12 of the licence application and of
sugar shall be calculated by multiplying the relevant                 the licence shall contain one of the following
export levy on raw sugar of standard quality by an                    endorsements :
adjustment coefficient. The adjustment coefficient
shall be obtained by dividing the percentage of the                    ( a) 'Règlement d'adjudication n0             (JO n°
yield of raw sugar exported by 92.                                                  du      )'
                                                                             'délai de présentation des offres expirant le
                                                                                  3
                         Article 3
                                                                       (b) 'Ausschreibungs-Verordnung Nr               ( ABl .
                                                                             Nr             vom          )'
1 . Save in cases where the special export levy is                           'Ablauf der Angebotsfrist am . . . .'
determined by invitation to tender, the levies referred
 to in Article 1 shall be those applicable on the day on               (c) 'Regolamento di gara n            (GU n        del
which the customs formalities referred to in the                                     )' '      -
second     subparagraph      of    Article   8 (2) (b)   of                 'Il termine di presentazione delle offerte scade
Regulation (EEC) No 1373/70 are completed.                                   il           '
 ---pagebreak--- 472                                   Official Journal of the European Communities
      (d ) 'Verordening m.b.t. inschrijving nr         (PB                                   Article 7
           nr        van
           ' Indieningstermijn aanbiedingen eindigt op
                                                                 The following shall be substituted for the
                                                                 endorsement shown in the second subparagraph of
           (Tendering Regulation No . . . .( OJ No . . . .       Article 31 of Regulation (EEC) No 2637/70 to be
           of         ))                                         inserted in Section 18 of the export licence :
           ( Final date for submission of tenders            )
                                                                      'a exporter sans restitution , ni prélèvement',
     3.      The export licence shall be issued for the               'ohne Erstattung und ohne Abschöpfung auszu­
      quantity entered on the relevant notice of                      führen ',
     award of contract.
                                                                     ' da esportare senza restituzione ne prelievo',
    Section 18 shall specify the rate of the refund or,
    where appropriate, of the export levy mentioned                   'zonder restitutie of heffing uit te voeren '.
    in the notice of award . That rate shall be                       ( for export without refund or levy)
    expressed in the currency of the Member State
    issuing the licence and the endorsement shall be
    worded as follows :
                                                                                            Article 8
     ' taux de la restitution applicable                     '
    'gültiger Erstattungssatz
                                                                The wording at the beginning of Article 33 ( 1 ) ( a )
    ' tasso di restituzione applicabile                     '   and ( c) and 2 (a) and ( c) of Regulation ( EEC) No
    ' toe te passen restitutie                                  2637 / 70 shall be amended as follows :
    ( rate of refund applicable                          '.)         1 ( a) 'for import or export licences without
    or, where appropriate,                                                     advance fixing of the import or export
                                                                               levy or of the refund ;';
    ' taux du prélèvement à l'exportation appli­
    cable                                                   '
                                                                    1 ( c) 'for export licences with advance fixing of
   'gültiger Satz der Ausfuhrabschöpfung                    '                  the refund or with a special levy fixed
                                                                              within the framework of a tendering
   'tasso del prelievo all'esportazione applicabile .                         procedure held in the Community :';
   ' toe te passen heffing bij uitvoer                     '
                                                                    2 ( a) 'for import or export licences without
    ( rate of export refund applicable                     )                  advance fixing of the import or export
                                                                              levy or of the refund, the amount shown
                                                                               in paragraph 1. ( a)';
  4.        For the purposes      of Article 1 (3 )" of
  Regulation (EEC) No 1076/72, Section 18 of the                    2 ( c) ' for export licences for products falling
  export licence shall also contain one of the                                within headings Nos 17.01 and 17.03 of
   following endorsements :                                                   the Common Customs Tariff with advance
                                                                              fixing of the refund or, where appropriate,
                                                                              with a special levy fixed within the
  'prélèvement à l'exportation non applicable',                               framework of a tendering procedure held
                                                                              in the Community, the amount shown in
  'Ausfuhrabschôpfung nicht anzuwenden',                                      1 (a ) plus the difference between :'.
  'prelievo all'esportazione non applicabile',
  ' uitvoerrestitutie niet van toepassing'.
  (export levy not applicable)                                                              Article 9
  5 . Where this Article applies recourse may not              This Regulation shall enter into force on the third
  be had to the provisions of Article 17 of                     day following its publication in the Official Journal
  Regulation (EEC) No 1373 /70.                                 of the European Communities.
 ---pagebreak---                      Official Journal of the European Communities                      473
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels, 25 May 1972.
                                                                    For the Commission
                                                                       The President
                                                                     S. L. MANSHOLT
                                           ANNEX
        CCT
     heading                                   Description of goods
         No
      17.01           Beet and cane sugar, solid :
                      A. Denatured :
                          I. White sugar
                         II. Raw sugar
                      B. Not denatured :
                              I. "White sugar
                         ex II. Raw sugar, excluding candy sügar