Commission Regulation (EEC) No 2030/90 of 17 July 1990 laying down detailed rules for the application of Council Regulation (EEC) No 386/90 as regards physical checks carried out at the time of export of agricultural products attracting refunds or other amounts

COMMISSION  REGULATION (EEC) No 2030/90
of 17 July 1990
laying down detailed rules for the application of Council Regulation (EEC) No 386/90 as regards physical checks carried out at the time of export of agricultural products attracting refunds or other amounts
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 386/90 of 12 February 1990 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts (1), and in particular Articles 6 and 7 (1) thereof,
Whereas, having regard to the importance of agricultural refunds within the Community budget and the shortcoming detected as regards physical checks on products for which refunds of other amounts are granted at the time of export, Regulation (EEC) No 386/90 establishes Community framework arrangements designed to increase the number of physical checks in order to ensure that the operations in question have actually been carried out and executed properly; whereas, however, those minimum requirements established at Community level do not affect the responsability of the national authorities for carrying out physical checks on the agriculturel products concerned so as to avoid undue payments as far as possible by taking into account all the concrete circumstances of the export operations, and in particular the quantities of products and the level of the refund involved, the risk of fraud attaching thereto and the reliability of the exporter;
Whereas the detailed rules for the application of Regulation (EEC) No 386/90 should include transitional measures concerning in particular the minimum rate of 5 % of export declarations which should in principle be subjected to physical checks; whereas, in view of the difficulties of some Member States in achieving this rate, there should be a transitional period up to the end of 1991 during which the above-mentioned minimum rate is to be attained progressively;
Whereas, in these circumstances, those detailed rules should be confined to the specifications strictly necessary for the Community system to be applied rapidly, subject to subsequent additions in the light of experience gained, in particular as regards the quality aspects of the physical checks in question and the fixing of higher scrutiny rates provided for in the second subparagraph of Article 3 (2) of Regulation (EEC) No 386/90 for specific cases and periods, on the basis of objective findings of an increased risk or fraud;
Whereas, it should be specified at this stage which operations are subject to the monitoring rules in question and which may be exempted, having regard, on the one hand, to the monitoring systems already in existence for such operations and, on the other hand, to the limited quantity of certain exports; whereas, in certain cases, the physical checks carried out prior to export may be taken into account where they appear equivalent and the identity of the products is ensured; whereas in the interests of efficiency and consistency, it is basically a matter of synchronizing the arrangements provided for in Regulation (EEC) No 386/90 with the checks already in existence under the following provisions:
- Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (2),
- Commission Regulation (EEC) No 2823/87 of 18 September 1987 on the documents to be used for the purpose of implementing Community measures entailing verification of the use and/or destiantion of goods (3),
- Commission Regulation (EEC) No 3665/87 of 27 November laying down common detailed rules for the application of the system of export refunds on agricultural products (4), as last amended by Regulation (EEC) No 1615/90 (5);
Whereas it should be stipulated that where an export declaration covers several agricultural products the particulars relating to each product are to be regarded as a separate declaration for the purposes of determining the representative selection referred to in Article 3 (1) and (2) of Regulation (EEC) No 386/90; whereas special provisions must be adopted for goods exported under the simplified procedures referred to in Articles 17, 18 and 19 of Council Directive 81/177/EEC of 24 February 1981 on the harmonization of procedures for the export of Community goods (6), as amended by Regulation (EEC) No 1854/89 (7);
Whereas it may prove necessary to aggregate the data to be used for determining the basis for calculation of the minimum rate of checks to be carried out where one or more customs offices do not archieve, individually, a significant number of export declarations to be taken into consideration;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant Management Committees,