Avis juridique important

Commission Regulation (EEC) No 1834/76 of 28 July 1976 amending Regulation (EEC) No 1380/75 regarding the application of the system of returned goods to monetary compensatory amounts Official Journal L 203 , 29/07/1976 P. 0030 - 0030 Greek special edition: Chapter 03 Volume 16 P. 0052

+++++ ( 1 ) OJ L 106 , 12 . 5 . 1971 P . 1 . ( 2 ) OJ NO L 67 , 15 . 3 . 1976 P . 1 . ( 3 ) OJ NO L 89 , 2 . 4 . 1976 , P . 1 . ( 4 ) OJ NO L 139 , 30 . 5 . 1975 P . 37 . ( 5 ) OJ NO L 172 , 1 . 7 . 1976 , P . 57 . COMMISSION REGULATION ( EEC ) NO 1834/76 OF 28 JULY 1976 AMENDING REGULATION ( EEC ) NO 1380/75 REGARDING THE APPLICATION OF THE SYSTEM OF RETURNED GOODS TO MONETARY COMPENSATORY AMOUNTS THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 2 ) , AND IN PARTICULAR ARTICLE 6 THEREOF , WHEREAS 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 ( 3 ) , CONCERNS INTER ALIA MONETARY COMPENSATORY AMOUNTS ; WHEREAS THE SAID REGULATION WAS INTENDED TO COVER TRADE WITH NON-MEMBER COUNTRIES ; WHEREAS GOODS MAY ALSO BE RETURNED IN TRADE BETWEEN MEMBER STATES ; WHEREAS , THEREFORE , THE PROVISIONS OF THAT REGULATION SHOULD BE EXTENDED TO COVER INTRA-COMMUNITY TRADE AS REGARDS THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS ; WHEREAS LARGE QUANTITIES OF PRODUCTS FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING 22.05 C HAVE BEEN THE SUBJECT OF INTRA-COMMUNITY TRADE BUT COULD NOT BE RELEASED TO THE MARKET IN THE MEMBER STATE OF DESTINATION FOR REASONS BEYOND THE CONTROL OF THE TRADERS CONCERNED ; WHEREAS , TO ENABLE THE MEMBER STATE INTO WHICH THE GOODS HAVE BEEN RE-IMPORTED TO REGULARIZE ITS RECORDS , THE PROVISIONS OF THIS REGULATION SHOULD BE APPLIED TO THE TRANSACTIONS CONCERNED ; WHEREAS AN APPROPRIATE AMENDMENT SHOULD THEREFORE BE MADE TO COMMISSION REGULATION ( EEC ) NO 1380/75 OF 29 MAY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( 4 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1577/76 ( 5 ) ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE MANAGEMENT COMMITTEES FOR THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , HAS ADOPTED THIS REGULATION : SOLE ARTICLE AN ARTICLE 15A AS FOLLOWS IS HEREBY ADDED TO REGULATION ( EEC ) NO 1380/75 : " ARTICLE 15A 1 . WHERE AGRICULTURAL PRODUCTS OR GOODS SUBJECT TO SPECIFIC ARRANGEMENTS PURSUANT TO ARTICLE 235 OF THE TREATY ARE RE-IMPORTED BY A MEMBER STATE AFTER HAVING BEEN EXPORTED BY THAT MEMBER STATE TO ANOTHER MEMBER STATE , THE PROVISIONS OF REGULATION ( EEC ) NO 754/76 SHALL , UPON THE REQUEST OF THE PERSON CONCERNED , BE APPLIED MUTATIS MUTANDIS , WITH EFFECT FROM 1 JANUARY 1977 TO THE MONETARY COMPENSATORY AMOUNTS . 2 . HOWEVER , IN RESPECT OF TRANSACTIONS WHICH HAVE NOT BEEN REGULARIZED BY THE COMPETENT AUTHORITIES , THE MEASURE PROVIDED FOR IN PARAGRAPH 1 SHALL APPLY TO PRODUCTS FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING 22.05 C THAT ARE RE-IMPORTED INTO THE EXPORTING MEMBER STATE ON OR AFTER 1 AUGUST 1973 . " THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 28 JULY 1976 . FOR THE COMMISSION P . J . LARDINOIS MEMBER OF THE COMMISSION

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( 1 ) OJ L 106 , 12 . 5 . 1971 P . 1 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 P . 1 .

( 3 ) OJ NO L 89 , 2 . 4 . 1976 , P . 1 .

( 4 ) OJ NO L 139 , 30 . 5 . 1975 P . 37 .

( 5 ) OJ NO L 172 , 1 . 7 . 1976 , P . 57 .

COMMISSION REGULATION ( EEC ) NO 1834/76 OF 28 JULY 1976 AMENDING REGULATION ( EEC ) NO 1380/75 REGARDING THE APPLICATION OF THE SYSTEM OF RETURNED GOODS TO MONETARY COMPENSATORY AMOUNTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 974/71 OF 12 MAY ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 557/76 ( 2 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,

WHEREAS 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 ( 3 ) , CONCERNS INTER ALIA MONETARY COMPENSATORY AMOUNTS ; WHEREAS THE SAID REGULATION WAS INTENDED TO COVER TRADE WITH NON-MEMBER COUNTRIES ; WHEREAS GOODS MAY ALSO BE RETURNED IN TRADE BETWEEN MEMBER STATES ; WHEREAS , THEREFORE , THE PROVISIONS OF THAT REGULATION SHOULD BE EXTENDED TO COVER INTRA-COMMUNITY TRADE AS REGARDS THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS ;

WHEREAS LARGE QUANTITIES OF PRODUCTS FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING 22.05 C HAVE BEEN THE SUBJECT OF INTRA-COMMUNITY TRADE BUT COULD NOT BE RELEASED TO THE MARKET IN THE MEMBER STATE OF DESTINATION FOR REASONS BEYOND THE CONTROL OF THE TRADERS CONCERNED ; WHEREAS , TO ENABLE THE MEMBER STATE INTO WHICH THE GOODS HAVE BEEN RE-IMPORTED TO REGULARIZE ITS RECORDS , THE PROVISIONS OF THIS REGULATION SHOULD BE APPLIED TO THE TRANSACTIONS CONCERNED ;

WHEREAS AN APPROPRIATE AMENDMENT SHOULD THEREFORE BE MADE TO COMMISSION REGULATION ( EEC ) NO 1380/75 OF 29 MAY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( 4 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1577/76 ( 5 ) ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE MANAGEMENT COMMITTEES FOR THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ,

HAS ADOPTED THIS REGULATION :

SOLE ARTICLE

AN ARTICLE 15A AS FOLLOWS IS HEREBY ADDED TO REGULATION ( EEC ) NO 1380/75 :

" ARTICLE 15A

1 . WHERE AGRICULTURAL PRODUCTS OR GOODS SUBJECT TO SPECIFIC ARRANGEMENTS PURSUANT TO ARTICLE 235 OF THE TREATY ARE RE-IMPORTED BY A MEMBER STATE AFTER HAVING BEEN EXPORTED BY THAT MEMBER STATE TO ANOTHER MEMBER STATE , THE PROVISIONS OF REGULATION ( EEC ) NO 754/76 SHALL , UPON THE REQUEST OF THE PERSON CONCERNED , BE APPLIED MUTATIS MUTANDIS , WITH EFFECT FROM 1 JANUARY 1977 TO THE MONETARY COMPENSATORY AMOUNTS .

2 . HOWEVER , IN RESPECT OF TRANSACTIONS WHICH HAVE NOT BEEN REGULARIZED BY THE COMPETENT AUTHORITIES , THE MEASURE PROVIDED FOR IN PARAGRAPH 1 SHALL APPLY TO PRODUCTS FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING 22.05 C THAT ARE RE-IMPORTED INTO THE EXPORTING MEMBER STATE ON OR AFTER 1 AUGUST 1973 . "

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 28 JULY 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION