Commission Regulation (EC) No 1429/2003 of 11 August 2003 amending Regulation (EC) No 2090/2002 laying down detailed rules for applying Council Regulation (EEC) No 386/90 as regards physical checks carried out when agricultural products qualifying for refunds are exported

Commission Regulation (EC) No 1429/2003
of 11 August 2003
amending Regulation (EC) No 2090/2002 laying down detailed rules for applying Council Regulation (EEC) No 386/90 as regards physical checks carried out when agricultural products qualifying for refunds are exported
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European 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), as amended by Regulation (EC) No 163/94(2), and in particular Article 6 thereof,
Whereas:
(1) Article 10 of Commission Regulation (EC) No 2090/2002(3), as amended by Regulation (EC) No 444/2003(4), provides for a substitution check to be performed where the export declaration is accepted at a customs office of export which is not the customs office of exit or the office to which the T5 control copy is sent.
(2) To ensure that customs offices of exit or the offices to which the T5 control copy is sent follow a uniform practice, and to avoid doubts as to the identity of the goods, which is a precondition for the granting of refunds, there should be provision for a specific substitution check in cases where these customs offices have found that the seals affixed on departure have been removed other than under customs supervision or have been broken or that no dispensation from sealing has been granted. Since in those cases there is clear suspicion of substitution, the specific substitution checks require increased attention which may include, where appropriate, a physical check on the goods.
(3) To ensure that an adequate number of substitution checks is carried out on all the goods to be exported, there should be provision for the specific substitution checks carried out in cases where the seals have been removed other than under customs supervision or have been broken or no dispensation from sealing has been granted to be taken into account to a limited extent only in calculating the minimum number of substitution checks.
(4) To improve the monitoring of substitution checks, there should be provision for the information on the number of specific substitution checks carried out in cases where the seals have been removed other than under customs supervision or have been broken or that no dispensation from sealing has been granted should be made available at any time by the customs offices concerned and that all substitution checks should be the subject of a report listing the checks carried out.
(5) Regulation (EC) No 2090/2002 should be amended in consequence.
(6) The measures provided for in this Regulation are in accordance with the opinions of all the Management Committees concerned,