Council Regulation (EC) No 163/94 of 24 January 1994 amending Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts

COUNCIL REGULATION (EC) No 163/94 of 24 January 1994 amending Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, under 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 (3), the Commission must present to the Council a report on the progress of the application of the Regulation;
Whereas it is clear from this report and from the additional report that the lack of flexibility of some of the rules could hamper improvements in the effectiveness of the checks; whereas better use could be made of risk analysis if the inspection services had greater leeway for targeting their checks;
Whereas the obligation to comply with the rate of 5 % per product per customs office makes it more difficult to concentrate human resources on high risk exports;
Whereas, while keeping the overall rate at 5 %, it is possible to introduce some flexibility so as to enable the inspection services to target their checks on more sensitive products;
Whereas, in order to mitigate the risk of substitution, particularly in the case of export declarations presented and accepted within the Member State or at the premises of the exporter, provision must be made for the imposition of a minimum rate of physical checks by means of representative sampling by the office of exit;
Whereas, in view of the need to ensure effective application, throughout the Community, of the provisions concerning checks on export refunds and given the financial risks for the Community funds, rules must be adopted at Community level,