Commission Regulation (EEC) No 52/81 of 1 January 1981 laying down detailed rules for the application of accession compensatory amounts

COMMISSION REGULATION (EEC) No 52/81 of 1 January 1981 laying down detailed rules for the application of accession compensatory amounts
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece,
Having regard to Council Regulation (EEC) No 1/81 of 1 January 1981 laying down general rules for the system of accession compensatory amounts for cereals (1), and in particular Article 8 thereof, and to the corresponding provisions of the other Regulations laying down general rules for the system of compensatory amounts for agricultural products, or for goods resulting from the processing of agricultural products,
Whereas the Act of Accession provides for the application of compensatory amounts in respect of agricultural products and certain other goods, in particular those covered by    - Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (2) and
- Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3);
Whereas compensatory amounts must be charged on import and granted on export ; whereas for the sake of uniformity the procedures to be complied with should be aligned with existing customs procedure to the extent possible ; whereas inter alia the provisions of the following Regulations should be taken into account:    - Council Regulation (EEC) No 2102/77 of 20 September 1977 introducing a Community export declaration (4),
- Commission Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (5), as last amended by Regulation (EEC) No 902/80 (6),
- Commission Regulation (EEC) No 49/81 of 1 January 1981 on methods of administrative cooperation to safeguard during the transitional period the free movement of goods between Greece and the other Member States (7);
Whereas a product should in principle benefit from a compensatory amount only when it is consumed on the market in the Member State of destination ; whereas to check such a condition would result in very burdensome control procedures ; whereas the aim could be achieved by granting the compensatory amount when the product has left the exporting Member States and by ensuring that the product would not obtain a benefit in cases of diversion from its destination;
Whereas in cases where the compensatory amount is higher than the lowest export refund, it is necessary to ensure that the products have been put on the market in the Member State of destination ; whereas, to this end, the provisions of Article 20 (3) of Commission Regulation (EEC) No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the system of export refunds on agricultural products (8), as last amended by Regulation (EEC) No 2891/80 (9), should apply;
Whereas Council Regulation (EEC) No 222/77 of 13 December 1976 on Community transit (10), as amended by Regulation (EEC) No 983/79 (11), allows Belgium, Luxembourg and the Netherlands to apply to the Community transit documents the agreements concluded or to be concluded between them with a view to reducing or abolishing frontier   (1) OJ No L 1, 1.1.1981, p. 1.  (2) OJ No L 323, 29.11.1980, p. 1.  (3) OJ No L 323, 29.11.1980, p. 27.  (4) OJ No L 246, 27.9.1977, p. 1.  (5) OJ No L 38, 9.2.1977, p. 20.  (6) OJ No L 97, 15.4.1980, p. 20.  (7) See page 1 of this Official Journal.  (8) OJ No L 317, 12.12.1979, p. 1.  (9) OJ No L 299, 8.11.1980, p. 10.   (10) OJ No L 38, 9.2.1977, p. 1. (11) OJ No L 123, 19.5.1979, p. 1.   formalities ; whereas for the purpose of the present Regulation these Member States should therefore be regarded as a single Member State;
Whereas the measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,