CELEX: 31971R0316
Language: en
Date: 1971-02-12 00:00:00
Title: Regulation (EEC) No 316/71 of the Commission of 12 February 1971 supplementing Regulation (EEC) No 497/70 on rules for the application of export refunds on fruit and vegetables

Official Journal of the European Communities                                ,     69
13.2.71                              Official Journal of the European Communities                             No L 36/ 11
                            REGULATION (EEC) No 316/71 OF THE COMMISSION
                                                   of 12 February 1971
             supplementing Regulation (EEC) No 497/70 on rules for the application of export
                                              refunds on fruit and vegetables
THE    COMMISSION        OF    THE   EUROPEAN       COM­             'Article 2b
 MUNITIES ,
                                                                     Account being taken of the amount of the refund
Having regard to the Treaty establishing the                         in relation to the incidence of the Common
European Economic Community ;                                        Customs Tariff, it may be decided when refunds
                                                                     for fruit and vegetables are being fixed that
Having regard to Regulation No 159/66/EEC1 laying                    payment shall be subject :
down further provisions for the common
organisation of the market in fruit and vegetables, as               — to the production of proof that the products
amended by Regulation (EEC) No 2515/69,2 and in                          in question have been offered for consumption
particular Article 11 ( a) (4) thereof;                                  in that country where the destination of the
                                                                         products is a third country bordering on the
Having regard to Council Regulation (EEC) No                             Community,
25 18/69,3 of 9 December 1969 laying down general                    — to the production of proof that the products
rules for the granting of refunds on exports of fruit                    in question have reached their destination
and vegetables and criteria for fixing their amounts,                    where the destination of the products is a
and in particular Article 5 (3 ) thereof;                                third country other than those referred to in
Whereas the amount of the refund for fruit and                           the first indent.
vegetables may be higher than the incidence of the
Common Customs Tariff; whereas, since these                          Proof shall be given :
products can be exported from the Community and
then reimported without any great expense, care                      — regarding the offering for consumption, by the
should be taken to ensure that no refund is paid if                      production of the customs document drawn
they have not been dispatched to their destination or,                   up in the country of destination or of a copy
where this destination is a country bordering on- the                    thereof; however, in cases where, in respect of
Community, offered for consumption in one of these                       export     to a    country   bordering  on   the
countries ;                                                              Community with a state-controlled trade
                                                                         system ; this document or a copy thereof
Whereas the measures provided for in this Regulation                     cannot be supplied, the competent national
are in accordance with the Opinion of the                                departments       may     accept   some    other
Management Committee for Fruit and Vegetables ;                          appropriate document as proof;
                                                                     — regarding the destination, in accordance with
HAS ADOPTED THIS REGULATION :                                            Article 8 of Regulation No 1041 /67/EEC5.'
                         Article 1
                                                                                           Article 2
The following Article 2b shall be added to
Regulation (EEC) No 497/704.                                     This Regulation shall enter into force on the day
                                                                 following its publication in the Official journal of the
                                                                 European Communities.
1 OJ No 192, 27.10.1966, p. 3286/66.
2 OJ No L 318, 18.12.1969, p. 10.
3 OJ No L 318 , 18.12.1969, p. 19.
4 OJ No L 62, 18.3.1970, p . 15 .                                5 OJ No 314, 23.12.1967, p. 9 .
 ---pagebreak--- 70                      Official Journal of the European Communities
   This Regulation shall be binding in its entirety and directly applicable in all Member
   States .
   Done at Brussels, 12 February 1971 .
                                                                    For the Gommission
                                                                        The President
                                                                   Franco M. MALFATTI