CELEX: 31974R3162
Language: en
Date: 1974-12-13 00:00:00
Title: Regulation (EEC) No 3162/74 of the Commission of 13 December 1974 laying down detailed rules for the imposition in the event of sugar supply difficulties of an export charge on certain cereal, rice, milk, fruit and vegetable-based products containing added sugar

No L 334/44                             Official Journal of the European Communities                             14. 12 . 74
                              REGULATION (EEC) No 3162/74 OF THE COMMISSION
                                                       of 13 December 1974
                laying down detailed rules for the imposition in the event of sugar supply diffi­
                culties of an export charge on certain cereal , rice, milk, fruit and vegetable­
                                            based products containing added sugar
  THE COMMISSION OF THE EUROPEAN                                      of 20 % sucrose or other sugars ; whereas Article 1 ( 1 )
  COMMUNITIES,                                                        of Regulation (EEC) No 2980/74 provides for the
                                                                      imposition of a like charge in the like circumstances
  Having regard to the Treaty establishing the European               in respect of the products specified in Article 1 of
  Economic Community ;
                                                                      Regulation (EEC) No 865/68 containing a minimum
  Having regard to Council Regulation No 120/                         of 35 % added sugar ; whereas certain detailed rules
  67/EEC (') of 13 June 1967 on the common organiza­                  for the application of these provisions must be laid
  tion of the market in cereals, as last amended by Regu­             down ;
  lation (EEC) No 11 25/74 (2) ;
  Having regard to Council Regulation No 359/                        Whereas it would be equitable to exempt from the
  67/ EEC (3) of 25 July 1967 on the common organiza­                 export charge products in respect of which an export
 tion of the market in rice, as last amended by Regula­               licence with provision for advance fixing of the refund
 tion (EEC) No 1 1 29/74 (4) ;                                        is issued before the provisions concerned entered into
                                                                      force ; whereas, furthermore, provision should be
  Having regard to Council Regulation (EEC) No                        made to permit the cancellation of export licences
 804/68 (5) of 27 June 1968 on the common organiza­                  without provision for advance fixing of the refund
 tion of the market in milk and milk products, as last               applied for or issued before the day on which the
 amended by Regulation (EEC) No 662/74 (6) ;                         export charge becomes applicable ;
 Having regard to Council Regulation (EEC) No
 865/68 (7) of 28 June 1968 on the common organiza­
                                                                     Wheras the day of exportation must be defined ;
 tion of the market in products processed from fruit
 and vegetables, as last amended by Regulation (EEC)                 whereas that day should be the day of completion of
                                                                     customs formalities as referred to in Article 15 of
 No 2429/72 (») ;
                                                                     Commission Regulation (EEC) No 1373/70 ( n ) of 10
 Having regard to Council Regulation (EEC) No                        July 1970 on common detailed rules for the applica­
  1603/74 (9) of 25 June 1974 on the imposition of an                tion of the system of import and export licences and
 export charge on certain cereal, rice and milk-based                advance fixing certificates for agricultural products
 products containing added sugar in the event of sugar               subject to a single price system, as last amended by
 supply difficulties, and in particular Article 1 (3)                Regulation (EEC) No 1796/73 ( !2);
 thereof ;
 Having regard to Council Regulation (EEC) No                        Whereas, as regards the other detailed rules" for
 2980/74 ( 10) of 26 November 1974 on the imposition                 applying export charges, recourse should be had to
 of an export charge on certain products processed                   the provisions laid down in Commission Regulation
 from fruit and vegetables and containing added sugar                (EEC) No 1279/71 ( 13) of 17 June 1971 on the use of
 in the event of sugar supply difficulties, and in parti­            Community transit documents for the purpose of
 cular Article 1 (4) thereof ;                                       applying certain measures on the exportation of
 Whereas Article 1 ( 1 ) of Regulation (EEC) No                      certain goods, as last amended by Regulation (EEC)
                                                                     No 2766/71 ( 14) ;
 1603/74 provides that where a levy exceeding five
 units of account per 100 kilogrammes is charged on
exports of white sugar a decision may be taken to                   Whereas in the case of certain export transactions the
 impose a charge on exports of the products specified                imposition of an export charge is not economically
 in Article 1 of Regulations No 120/67/EEC, No 359/                 justifiable ; whereas no charge should be applied in
 67/EEC and (EEC) No 804/68 containing a minimum                     respect of such transactions ;
(») OJ No 117, 19 . 6. 1967, p. 2269/67.
(2) OJ No L 128 , 10 . 5 . 1974, p. 12.                             Whereas the Management Committees for Cereals,
(>) OJ No 174, 31 . 7. 1967, p. 1 .                                 Milk and Milk Products and Products Processed from
(4) OJ No L 128 , 10 . 5 . 1974, p. 20 .                             Fruit and Vegetables have not delivered opinions
(s) OJ No L 148 , 28 . 6 . 1968 , p. 13 .
(6) OJ No L 85, 29 . 3 . 1974, p. 51 .
(7) OJ No L 153, 1 . 7. 1968 , p. 8 .                               ('•)  OJ  No L  158 , 20 . 7 . 1970 , p. 1 .
/s) OJ No L 264, 23 . 11 . 1972, p. 1 .                             (> 2) OJ  No L 183,   5. 7. 1973 , p. 1 .
 ») OJ No L 172, 27. 6. 1974, p. 9 .                                ( 13) OJ  No L 133 ,  19 . 6 . 1971 , p . 32.
( 10) OJ No L 318 , 28 . 11 . 1974, p. 2.                           ( 14) OJ  No L 283 ,  24 . 12. 1971 , p . 33 .
 ---pagebreak---  14. 12. 74                             Official Journal of the European Communities                          No L 334/45
within the time limits set by their respective                         1 544/69 (3), weigling not more than three kilo­
Chairmen ,                                                             grammes in the aggregate per traveller.
                                                                   6.    Application of the provisions of paragraph 5 (b)
                                                                   shall be subject to production to the competent
 HAS ADOPTED THIS REGULATION :                                     authorities of a declaration from the armed forces
                                                                   concerned certifying that the products presented to
                                                                   customs for completion of export formalities are
                           Article 1                               intended for those forces, and to the condition that
                                                                   the transactions in question offer adequate assurances
This Regulation lays down detailed rules for the appli­            as to the arrival of the products concerned at their
cation of the export charge on sugar added to the                  proper destination .
products specified in Article 1 ( 1 ) of Regulation (EEC)
 No 1603/74 and in Article 1 ( 1 ) of Regulation (EEC)
 No 2980/74 .
                                                                                           Article 3
                           Article 2                               1 . The relevant export charge shall be the charge
                                                                  applicable on the day on which the customs formali­
 1 . The export charge shall be levied on all exports             ties referred to in Article 15 (5) (b) of Regulation
to destinations outside the Community of the                      (EEC) No 1373/70 are completed .
products concerned where such products come within
the terms of Article 9 (2) of the Treaty.                         2. The charge shall be levied by the Member State
                                                                  on whose territory the formalities referred to in para­
2. The export charge shall also be levied on the                  graph 1 are completed. It shall be payable at the latest
products concerned where such products do not come                at the time of completion of those formalities.
within the terms of Article 9 (2) of the Treaty by
reason of the customs status of their packaging or of
the fact that they have been incorporated in or added                                      Article 4
to one or more products not in free circulation .
3 . No charge shall however be levied on products                 Where a product which is being transported between
in respect of which, before 25 November 1974, an                  two points within the Community would if exported
export licence with provision for advance fixing of the           be subject to the charge, then if it appears from the
                                                                  customs document that the product is in the course of
rate of the refund has been applied for, irrespective of
the date of issue of that licence .                               being so transported to leave Community territory
                                                                  otherwise than by air, the consignor shall give security
                                                                  in an amount equal to the charge which would be
4.     In the case of an export licence without provi­            levied if the product were exported from the Commu­
sion for advance fixing of the refund, the • person               nity.
concerned may withdraw an application for such a
licence or have the licence cancelled, if it has been
applied for or issued before the date on which the
export charge becomes applicable . In such cases the                                       Article 5
security shall be released immediately.
                                                                  Where the export charge is applicable, the products in
5.     No export charge shall be levied on :                      question shall be moved within the Community
                                                                  under the conditions laid down by Regulation ( EEC)
(a) products intended for victualling within the                  No 1279/71 . In the case referred to in Article 5a of
     Community of seagoing vessels or aircraft serving            that Regulation , the day on which the formalities
     international routes,
                                                                  required for dispatch of the products are completed
(b) products intended for the armed forces of a                   shall be considered as being the day of completion of
     Member State stationed outside the geographical              customs formalities as referred to in Article 3 of this
     territory of the Community, within the meaning               Regulation .
     of Article 3 of Regulation No 1041 /67/ EEC ('), as
     last amended by Regulation (EEC) No 21 10/74 (2),
(c) small consignments of a non-commercial nature,                                         Article 6
(d) goods contained in travellers' personal luggage
    within the meaning of Regulation (EEC) No                     This    Regulation    shall   enter   into force on  23
                                                                  December 1974 .
(') OJ No 314, 23 . 12. 1967, p. 9 .
 2) OJ No L 220 , 10 . 8 . 1974, p. 1 .                           P) OJ No L 191 , 5. 8 . 1969 , p. 1 .
 ---pagebreak--- No L 334/46                  Official Journal of the European Communities                        14 . 12 . 74
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 13 December 1974.
                                                                 For the Commission
                                                                     The President
                                                                Francois-Xavier ORTOLI