CELEX: 31973R2823
Language: en
Date: 1973-10-17 00:00:00
Title: Regulation (EEC) No 2823/73 of the Commission of 17 October 1973 laying down detailed rules for the application of export levies in the event of the rice market being disturbed and amending Regulation (EEC) No 2637/70

18 . 10 . 73                               Official Journal of the European Communities                          No L 291 / 19
                               REGULATION (EEC) No 2823/73 OF THE COMMISSION
                                                          of 17 October 1973
                laying down detailed rifles for the application of export levies in the event of the
                    rice market being disturbed and amending Regulation (EEC) No 2637/70
THE COMMISSION OF THE EUROPEAN                                         Whereas the rules applicable to the issue of export
 COMMUNITIES,                                                          licences for products subject to an export levy fixed
                                                                       either in advance or by a tendering procedure should
 Having regard to the Treaty establishing the European                 be analogous to those now applying to cereals ;
 Economic Community ;                                                  whereas Article 19a of Commission Regulation (EEC)
                                                                       No 2637/70 (6) of 23 December 1970 on special
 Having regard to Council Regulation No 359/                           detailed rules for the application of the system of
 67/ EEC ('), of 25 July 1967 on the common organiza­                  import and export licences and advance fixing certifi­
 tion of the market in rice, as last amended by the Act                cates for agricultural products, as last amended by
of Accession (2), and in particular Article 10 (2),                    Regulation (EEC) No 2500/73 (7), should be amended
Article 13 ( 5) and Article 17 (6) thereof ;                           accordingly ;
 Having regard to Council Regulation (EEC) No                          Whereas, as regards the other detailed rules for the
 2737/73 (3) of 8 October 1973, laying down general                    application of export levies, recourse should be had to
 rules to be applied in the event of the rice market                   the provisions of Commission Regulation (EEC) No
being disturbed, and in particular Article 4 ( 1 )                      1279/71 (8) of 17 June 1971 on the use of Community
 thereof ;                                                             transit documents for the purpose of applying certain
                                                                       measures on the exportation of certain goods, as last
Whereas the first indent of Article 2 ( 1 ) of Regulation              amended by Regulation (EEC) No 2766/71 (9) ;
(EEC) No 2737/73 provides for the possibility of intro­
 ducing an export levy ; whereas furthermore, under                    Whereas the measures provided for in this Regulation
 subparagraph (2) of Article 3 (4) of that Regulation ,                are in accordance with the Opinion of the Manage­
 interested parties may apply to have the levy fixed in                ment Committee for Cereals,
 advance ; whereas detailed rules for the application of
 these provisions must be laid down ;
Whereas it would be equitable to exempt from the                       HAS ADOPTED THIS REGULATION :
 export levy products in respect of which an export
 licence involving advance fixing of the refund has
 been issued ;
                                                                                                    Article 1
Whereas export licences may have been issued or
applied for as the case may be prior to the date on                    This Regulation lays down detailed rules for the appli­
which the export levy became applicable ; whereas it                   cation of the export levy referred to in the first indent
would be equitable to allow these applications for                     of Article 2 ( 1 ) of Regulation ( EEC) No 2737/73 .
 licences to be cancelled at the request of interested
 parties, the relevant deposit being released ;
                                                                                                    Article 2
Whereas the day of exportation within the meaning of
Article 3 (4) of Regulation ( EEC) No 2737/73 must be                   1 . The export levy shall be charged on all exports
defined ; whereas it would be appropriate to select the                outside the Community of products corresponding to
day on which the customs formalities referred to                       one or other of the descriptions contained in Article 9
under (b) of the second subparagraph of Article 8 (2)                  (2) of the Treaty.
of Commission Regulation ( EEC) No 1 373/70 (4) of
 10 July 1970 on common detailed rules for the appli­                  2.     The export levy shall also be charged on
cation of the system of import and export licences                     products which , by reason of the customs status of
and advance fixing certificates for agricultural                       their packaging or by reason of the fact that they have
products subject to a single price system , as last                   been incorporated in or added to one or more
amended by Regulation ( EEC) No 1 796/73 (5), are                      products not in free circulation, do not correspond to
completed ;                                                           one or other of the descriptions contained in Article 9
                                                                      (2) of the Treaty.
(') OJ  No   174, 31 . 7. 1967, p . 1 .
(-) OJ  No   L 73 , 27 . 3 . 1972, p . 59 .                           (b)  OJ  No L  283,  29.  12. 1970, p. 15.
(3) OJ  No   L 282, 9 . 10 . 1973, p. 13 .                            (7)  OJ  No L  258 , 14.  9 . 1973, p. 1 .
0») OJ  No   L 158 , 20 . 7. 1970, p. 1 .                             ( 8) Ol  No L  133,  19 . 6. 1971 , p. 32.
(5) OJ  No   L 183, 5 . 7. 1973, p. 1 .                               O    OJ  No L  283 , 24.  12. 1971 , p. 33.
 ---pagebreak--- No L 291 / 20                         Official Journal of the European Communities                             18 . 10 . 73
3. No export levy shall be charged on exports                        graph of Article 3 (4) of Regulation (EEC) No
covered by export licences involving advance fixing of               1968 /73 and the second subparagraph of Article 3
the refund .                                                         (4) of Regulation (EEC) No 2737/73 the export
                                                                     licence shall be completed as follows :
4. Where an export levy is fixed, interested parties
may apply to have :                                                  — section 12 shall contain one of the following
                                                                          endorsements :
— applications for export licences lodged before the
    export levy became applicable but for which no                        advance fixing of levy applied for
    licence has yet been issued,                                          anmodet om forudfastsættelse af afgift
— export licences issued before the export levy                           Vorausfestsetzung der Abschöpfung beantragt
    became applicable cancelled .
                                                                          préfixation prélèvement demandée
In such cases the deposit referred to in Article 10 ( 1 )
of Regulation No 359/67/ EEC shall be released imme­                      fissazione in anticipo del prelievo richiesta
diately .                                                                 vooraf vaststellen van heffing aangevraagd ;
                                                                     — in section 17 the words " refund valid on . . .
                          Article 3
                                                                          fixed in advance" shall be deleted and replaced
 1.      Except in cases where the export levy is deter­                  by the endorsements provided for in section
mined by means of a tendering procedure or fixed in                       17 of the import licence ;
advance, the rate of the levy applicable on exportation
shall be that valid on the day on which the customs                  — section 18 shall contain, in figures and words,
formalities referred to under Article 8 (2) (b) of Regula­                the total rate in national currency of the levy
tion (EEC) No 1373/70 are completed .                                     fixed in advance. The provisions of Article 12a
                                                                          of Regulation (EEC) No 1373/70 shall apply to
2. The export levy shall be charged by the Member                         special cases, the entries to be made in section
State on whose territory the formalities referred to in                   19 and 20 of the import licence under that
paragraph 1 are completed . It shall be due not later                     Article being made in section 18 of the export
than the day on which these formalities are                               licence .
completed .
                                                                      2. For the purpose of applying Article 4 (3) of
3. Where the export levy is varied by destination, a                  Regulation (EEC) No 1604/71 , Article 3 (5) of
security or a guarantee regarded as equivalent shall be               Regulation (EEC) No 1968 /73 and Article 3 (5) of
given representing the difference between the highest                 Regulation (EEC) No 2737/73, section 18 of the
rate of levy applicable to the product in question and                export licence shall contain one of the following
the appropriate rate for the proposed destination .                   endorsements :
The security or guarantee shall be released in propor­                export levy not applicable
tion to the quantity in respect of which proof is                     eksportafgift ikke anvendelig
produced that it has reached its destination. This
proof shall be furnished in the manner described in                   Ausfuhrabschöpfung nicht anwendbar
Article 8 ( 1 ) of Commission Regulation No 1041 /                    prélèvement à l'exportation non applicable
67/ EEC (') of 21 December 1967 on detailed rules for                 prelievo all'esportazione non applicabile
the application of export refunds on products subject
to a single price system, as last amended by Regula­                  uitvoerheffing niet van toepassing.'
tion (EEC) No 131 /73 (2).
                                                                                           Article 5
The security shall be forfeited in whole or in part by
way of levy, where products arrive at a destination for
which a levy higher than that actually charged is appli­         Where an export levy is applicable movement of the
cable .                                                          products affected within the Community shall be
                                                                 subject to the conditions laid down by Regulation
                                                                 (EEC) No 1279/71 .
                          Article 4
Article 19a of Regulation (EEC) No 2637/70 is                                              Article 6
replaced by the following :
     ' Article 19a                                               1 . Where it is clear from the information appearing
                                                                 on the document that a product moving between two
      1 . For the purposes of applying Article 4 (2) of          points situated within the Community will leave the
     Regulation ( EEC) No 1604/71 , the second subpara           territory of the Community otherwise than by air in
                                                                 the course of transportation, the dispatcher shall
(') OJ No 314, 23 . 12. 1967, p. 9.                              provide a security equal to the highest levy chargeable
(2) OJ No L 17, 20 . 1 . 1973, p. 19.                            in the event of exportation outside the Community.
 ---pagebreak--- 18 . 10 . 73                       Official Journal of the European Communities                        No L 291 /21
2. This guarantee shall be released in proportion to         required formalities are completed concerning the
the quantity in respect of which proof is produced           dispatch of the products is considered the same as the
that it has reached its destination . This proof shall be    day on which the customs formalities referred to in
furnished by the return to the office of departure of        Article 3 ( 1 ) of this Regulation are completed .
one of the documents referred to in Articles 2 and 3
of Regulation (EEC) No 1279/71 or of a national docu­                                 Article 7
ment .
                                                             This Regulation shall enter into force on the day
3 . In the cases referred to in Article 5b of Regula­         following its publication in the Official Journal of
tion (EEC) No 1279/71 , the day during which the              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 17 October 1973 .
                                                                       For the Commission
                                                                            The President
                                                                      François-Xavier ORTOLI