Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products

COUNCIL REGULATION (EEC) No 565/80  of 4 March 1980  on the advance payment of export refunds in respect of agricultural products
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1547/79 (2), and in particular Article 16 (5) thereof, and the corresponding provisions of the other Regulations on the common organization of the market in respect of agricultural products,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 441/69 of 4 March 1969 laying down additional general rules for granting export refunds on products subject to a single price system, exported unprocessed or in the form of certain goods not covered by Annex II to the Treaty (3), as last amended by Regulation (EEC) No 269/78 (4), has been amended several times ; whereas experience has shown further amendments to be desirable ; whereas, in the interests of clarity, it is desirable to consolidate the rules in question;
Whereas the Regulations laying down general rules for granting export refunds on certain agricultural products and the criteria for fixing the amount of such refunds provide that, in order for the export refund to be paid, proof must be furnished that such products have been exported from the Community;
Whereas, in following the principle whereby a balance is ensured between the use of Community basic products with a view to exporting processed products or goods listed in Annexes B and C to Regulation (EEC) No 2682/72 (5), as last amended by Regulation (EEC) No 707/78 (6), to third countries and the use of basic products from such countries admitted under inward processing arrangements pursuant to Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (7), as last amended by Directive 76/119/EEC (8), an amount equal to the export refund should be paid as soon as the Community basic products, from which processed products or goods intended for export are obtained, are placed under customs control;
Whereas products covered by a common market organization and imported from third countries may, under certain conditions, be brought under a customs warehousing or a free zone procedure, collection of the import duties being suspended ; whereas provision should be made for payment of an amount equal to the export refund as soon as Community products or goods intended for export are brought under such a procedure;
Whereas the payment of an amount equal to the export refund does not in any way affect the conditions under which the right to an export refund is established ; whereas a security should be lodged to guarantee the reimbursement of a sum not less than the amount paid where it is subsequently established that there was no right to the export refund or that the products or goods to which these measures were applied were not actually exported from the Community within the time limits laid down,