Commission Regulation (EEC) No 313/79 of 19 February 1979 amending Regulation (EEC) No 3389/73 laying down the procedure and conditions for the sale of tobacco held by intervention agencies

COMMISSION REGULATION (EEC) No 313/79  of 19 February 1979  amending Regulation (EEC) No 3389/73 laying down the procedure and conditions for the sale of tobacco held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by the Act of Accession, and in particular Article 7 (4) thereof,
Whereas Commission Regulation (EEC) No 3389/73 (2), as last amended by Regulation (EEC) No 489/77 (3), provides for the fixing of a minimum price for each lot of tobacco offered for sale by tender;
Whereas the agreements between the Community and the Swiss Confederation and the Republic of Austria on the application of the rules on Community transit make it possible to issue Community transit documents in Switzerland and Austria ; whereas tobacco which is exported to those countries or which has to cross those countries in order to reach the country of destination must be subject to specific measures to avoid it being reimported as a Community product;
Whereas in the case of an invitation to tender with a view to exportation, the minimum price is fixed in relation to the world market price ; whereas no export refund should therefore be granted for tobacco purchased by tender;
Whereas tobacco thus exported is in a situation comparable to that of tobacco which has qualified for an export refund ; whereas, therefore, such tobacco cannot be reimported into the Community in the manner described in Article 3 (1) of Council Regulation (EEC) No 754/76 of 25 March 1976 on the customs treatment applicable to goods returned to the customs territory of the Community (4) ; whereas it is necessary in consequence to lay down that, in the case of such reimportation, an amount equal to the security is paid, and that this amount must be treated, pursuant to Article 2 of Council Regulation (EEC) No 352/78 (5), in the same manner as a security which has been forfeited;
Whereas tobaccos for which export contracts have been awarded should be governed by the provisions of Commission Regulation (EEC) No 1687/76 of 30 June 1976 laying down common detailed rules for verifying the use and/or destination of products from intervention (6), as last amended by Regulation (EEC) No 1665/78 (7);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,