CELEX: 31974R3206
Language: en
Date: 1974-12-18 00:00:00
Title: Regulation (EEC) No 3206/74 of the Commission of 18 December 1974 laying down detailed rules for the application of a charge on the exportation of certain goods covered by Regulation (EEC) No 1059/69

20 . 12. 74                                 Official Journal of the European Communities                        No L 341 /43
                                 REGULATION (EEC) No 3206/74 OF THE COMMISSION
                                                           of 18 December 1974
                  laying down detailed rules for the application of a charge on the exportation of
                                    certain goods covered by Regulation (EEC) No 1059/69
  THE COMMISSION OF THE EUROPEAN                                         whereas it is necessary to make provision to ensure
  COMMUNITIES,                                                           that if the goods concerned should finally leave the
                                                                         territory of the Community during transport from one
  Having regard to the Treaty establishing the European                  point to another of the latter the charge applicable is
  Economic Community ;                                                   recovered ;
  Having regard to Council Regulation (EEC) No
  31 85/74 ( J ) of 17 December 1974 introducing a                      Whereas in the case of certain export transactions the
  charge on the exportation of certain goods covered by                 imposition of an export charge is not economically
  Regulation (EEC) No 1059/69, and in particular                        justifiable ; whereas no charge should be applied in
  Article 2 ( 1 ) thereof ;                                             respect of such transactions ;
 Whereas the amount of the charge in question must                      Whereas the Member States have been consulted on
  not be such as to compromise normal exports of                        these measures,
 goods which are traditionally the subject of interna­
  tional trade ;
 Whereas it is advisable to fix the charge at a single                  HAS ADOPTED THIS REGULATION :
  rate, valid for all destinations ;
 Whereas the rate of the charge must be fixed taking                                             Article 1
  into account in particular the nature of the goods,
  their sucrose content, the movement of prices and the                  1 . The rate of the export charge provided for in
  economic considerations relating to the application of                Article 1 of Regulation (EEC) No 3185/74 shall be 20
  the charge ;                                                          units of account per 100 kg of sucrose, including
                                                                        invert sugar expressed as sucrose .
 Whereas the particular nature of trade in the goods in
  question makes price stability necessary ; whereas it is
                                                                        2. The exporter shall declare the sucrose content,
  consequently advisable to provide for the possibility of
                                                                        including invert sugar expressed as sucrose, of the
  fixing the rate of charge in advance ;
                                                                        goods to be exported.
 Whereas it is necessary to specify the day on which
 exportation is regarded as taking place ; whereas this
                                                                                                 Article 2
 should be the day of completion of customs formali­
 ties as referred to in Article 1 5 of Commission Regula­
 tion (EEC) No 1373/70 (2) of 10 July 1970 on                            1 . Except where the charge is fixed in advance the
  common detailed rules for the application of the                      rate of charge shall be that applicable on the day of
 system of import and export licences and advance                       completion of customs formalities as referred to in
 fixing certificates for agricultural products subject to a             Article 1 5 (5) (b) of Commission Regulation (EEC) No
                                                                        1373/70 .
 single price system, as last amended by Regulation
 (EEC) No 2111 /74 (3);
                                                                        2.     The export charge shall be levied by the compe­
 Whereas recourse should also be had to the provisions                  tent authorities of the Member State on whose terri­
 of Commission Regulation (EEC) No 1 279/7 1 (4) of                     tory formalities as referred to in paragraph 1 are
  17 June 1971 on the use of Community transit docu­                    completed . It shall be payable not later than the day
 ments for the purpose of applying certain measures                     on which such formalities are completed .
 on the exportation of certain goods, as last amended
 by the Act (5) annexed to the Treaty (6) concerning the
 Accession of new Member States to the European                                                  Article 3
 Economic Community and to the European Atomic
"Energy Community ;                                                     Where the export charge is applicable, the products in
                                                                        question shall be moved within the Community
 (•) OJ  No    L 340 , 19 . 12. 1974, p. 1 .                            under the conditions laid down by Regulation (EEC)
 (2) OJ  No    L 158 , 20 . 7 . 1970 , p. 1 .                           No 1279/71 . In the case referred to in Article 5a of
 (?) OJ  No    L 220, 10 . 8 . 1974, p. 5.
 (4) OJ  No    L 133, 19 . 6 . 1971 , p. 32 .                           that Regulation, the day on which the formalities
 (5) OJ  No    L 73 , 27. 3 . 1972, p. 14.                              required for dispatch of the products are completed
 («) OJ  No    L 73, 27. 3 . 1972, p. 5 .                               shall be considered as being the day of completion of
 ---pagebreak--- No L 341 /44                           Official Journal of the European Communities                             20 . 12 . 74
customs formalities as referred to in Article 2 of this           valid throughout the Community, which shall be
Regulation .                                                      issued by Member States to any applicant irrespective
                                                                  of the place of his establishment in the Community.
                           Article 4                              4. The issue of advance fixing certificates shall be
                                                                  conditional on the provision of security guaranteeing
Where a product which is being transported between                that exportation will be carried out during the period
two points within the Community would if exported                 of validity of the certificate . If exportation is not
be subject to the charge, then if it appears from the            carried out, or is only partially carried out, within that
customs document that the product is in the course of             period the security shall be wholly or partially forfeit.
being so transported to leave Community territory
otherwise than by air, the consignor shall give security          5 . The provisions of Regulation (EEC) No 1373/70
in an amount equal to the charge which would be                  shall apply to advance fixing certificates.
levied if the product were exported from the Commu­
nity.                                                             6. An advance fixing certificate shall be valid from
                                                                  its date of issue within the meaning of Article 8 ( 1 ) (a)
                                                                 of Regulation (EEC) No 1373/70 until the end of the
                           Article 5
                                                                  fifth month following that in which it is issued .
 1.    No export charge shall be applicable on :                 7. The . amount of the security to be provided in
(a) products intended for the victualling within the              respect of the advance fixing certificate shall be 10
     Community of seagoing vessels or aircraft serving           units of account per 100 kg of sucrose, including
     international routes ;                                       invert sugar expressed as sucrose .
(b) products intended for the armed forces of a                  Should the export charge be abolished before the
     Member State stationed outside the geographical             expiry of any period for which the rate of charge has
     territory of the Community ;                                been fixed in advance, the relevant security shall be
(c) small consignments of a non-commercial nature ;               released .
(d) goods contained in travellers' personal luggage               8 . The advance fixing certificate shall include the
     within the meaning of Regulation (EEC) No                    following special entries :
     1544/69 (>), subject to an overall maximum per
     traveller of three kilogrammes.                             — in box 12 the words 'advance fixing of sugar
                                                                       charge requested' ;
2. Application of the provisions of paragraph 1 (b)              — in box 17 the words ' refund valid on . . . fixed in
shall be subject to production of a declaration from                   advance' shall be crossed out and replaced by the
the armed forces concerned certifying that the                         words 'charge fixed in advance on ... by . . .' ;
products presented to customs for completion of
export formalities are intended for those forces, and to         — in box 18 the rate in national currency of the
the condition that the transactions in question offer                  charge as fixed in "advance shall be entered in
adequate assurances as to the arrival of the products                  words and figures .
concerned at their proper destination .
                                                                                             Article 7
                           Article 6
                                                                  No export charge shall be levied on goods containing
 1 . Where the party concerned so requests, the rate             a basic product in respect of which an application for
of the charge shall be fixed in advance.                         an advance fixing certificate in respect of the refund
                                                                 was lodged before 25 November 1974, irrespective of
                                                                 the date of issue of that certificate .
2.     Where the rate of charge is so fixed in advance,
the benefit of such advance fixing being conditional
on the request therefor being lodged before 1 p.m . at                                       Article 8
the same time as the application for an advance fixing
certificate as provided for in paragraph 3 is made, the          The charge shall be abolished on or before the day on
rate of charge in force on the day on which such appli­          which the special levy on sugar pursuant to Article 16
cation is made shall apply to an export transaction to           of Regulation No 1 009/ 67/ EEC (2 ) is abolished .
be carried out at any time during the period of
validity of the said certificate.
                                                                                             Article 9
3.     Payment of the charge under the arrangements
for advance fixing provided for in paragraph 1 shall be          This     Regulation    shall    enter into force   on    23
subject to production of an advance fixing certificate            December 1974 .
(') OJ No L 191 , 5 . 8 . 1969, p. 1 .                           (2 ) OJ No 308 , 18 . 12 . 1967, p . 1 .
 ---pagebreak--- 20 . 12 . 74                    Official Journal of the European Communities                      No L 341 /45
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 18 December 1974.
                                                                    For the Commission
                                                                        The President
                                                                   Francois-Xavier ORTOLI